San Clemente City Council
January 20, 2026

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Knoblock
Mayor Pro Tem Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
4:30 p.m. - Closed Session
5:30 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, January 20, 2026
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000-21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000-15387). For each item that requires a CEQA determination by the City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this agenda.

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $500 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

1 City Council Regular Meeting Agenda January 20, 2026
CLOSED SESSION (4:30 P.M.)
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding:

Real Property Negotiations: 150 Avenida Magdalena (APN 060-101-05) and 721 Avenida Salvador (APN 690-502-16)
Property: Wireless tower facilities located on City properties at the Municipal Golf Course site and at the Salvador Water Reservoir (aka Crown Castle Sites 823239 and 879058)
City Negotiators: Andy Hall, City Manager and Jonathan Lightfoot, City Planner Negotiating Parties: Crown Castle and MD7
Under Negotiation: Price and terms
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)&(d)(2)
Number of Cases: 1
Facts and Circumstances per Government Code section 54956.9(e)(2):

Litigation threatened by Beverly Wiesen as a result of the City Council’s actions in connection with amending the Marblehead Coastal Specific Plan (MCSP) and approving modifications of the Lodge project through adoption of Resolution 25-137, Ordinance No. 1795 and Addendum No. 6 to the Final EIR for the MCSP.

BUSINESS MEETING (5:30 P.M.)

CALL TO ORDER
INVOCATION - Assistant Pastor Steve Pascoe, Calvary Chapel San Clemente

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. PRESENTATION OF PROCLAMATION - INTERNATIONAL HOLOCAUST

REMEMBRANCE DAY
Presentation of proclamation presented to Tomer Johnson, Chabad Jewish Center of San Clemente, proclaiming January 27, 2026 as International Holocaust Remembrance Day.

2. Council Member Reports

2 City Council Regular Meeting Agenda January 20, 2026

3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 12. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

4. Motion waiving reading in full of all Resolutions and Ordinances

5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

6. Closed Session Report - City Attorney

7. Staff Communications

8. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.
8A. PUBLIC HEARING TO CONSIDER A CHANGE OR REVOCATION OF AN APPROVED WEEKLY “CARS AND COFFEE” EVENT UNDER CONDITIONAL USE PERMIT 22-328, PURSUANT TO SAN CLEMENTE MUNICIPAL CODE SECTION 17.12.175 AND TO CONSIDER WHETHER THE PROJECT IS

CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Public Hearing to consider a change or revocation of an approved weekly “Cars and Coffee” event under Conditional Use Permit 22-328, pursuant to San Clemente Municipal Code Section

17.12.175 - City Initiated Changes or Revocation of Approved Applications.

The City Council will also consider whether the project is Categorically Exempt from the requirements of the California

3 City Council Regular Meeting Agenda January 20, 2026
Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Class 1(e) (14 CCR §15301, Existing Facilities).

Staff Recommendation
Adopt Resolution No. 26-01, which will:

1. Find the modification to Conditional Use Permit 22-238 categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class 1(e) (14 CCR §15301, Existing Facilities).

2. Maintain the effectiveness of Conditional Use Permit 22-238 and add the following conditions of approval:

A. The event operator shall enter into a private contract with San Clemente Police Services (OCSD) to provide two (2) Deputies at 6 hours each who would be assigned to patrol the public right-of-way around the Cars and Coffee event, including the hour before and the hour after the end of the event. Such contract shall be maintained for all “Cars and Coffee” events.

B. Motorcycles shall not be permitted within the Cars and Coffee event area. The event organizers and Outlets property management shall be responsible to ensure compliance with this condition.

C. By April 20, 2026, the event operator and/or property owner shall be responsible for the installation of two (2) Automatic License Plate Reader (ALPR) cameras at both entrances/exits to the Outlets property along Avenida Vista Hermosa (four (4) ALPR cameras in total), in a manner recommended by San Clemente Police Services (OCSD) and providing network access to those ALPR cameras to OCSD.

4 City Council Regular Meeting Agenda January 20, 2026
8B. CONTINUED PUBLIC HEARING REGARDING THE FAILURE OF

BROADMOOR SAN CLEMENTE COMMUNITY ASSOCIATION TO

ENFORCE CERTAIN COVENANTS, CONDITIONS AND

RESTRICTIONS (CC&RS)
Continued Public Hearing to review the Covenants, Conditions and Restriction (CC&R) violations and determine whether the City of San Clemente shall assume enforcement duties as permitted under Article XII of the Broadmoor Homeowners Association Covenants, Conditions and Restriction (CC&Rs). Should the City take on enforcement responsibilities, the reasonable costs incurred, including reasonable attorney fees, may be assessed to the Homeowners Association, potentially leading to a uniform assessment against each lot within Broadmoor San Clemente.

Staff Recommendation

1. Open the public hearing, receive public testimony and comment, close the public hearing on this matter.

2. Adopt Resolution No. 26-02 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

DETERMINING THAT THE BROADMOOR SAN CLEMENTE

COMMUNITY ASSOCIATION HAS NOT FAILED TO PERFORM ITS
ENFORCEMENT DUTIES UNDER THE ASSOCIATION’S
COVENANTS, CONDITIONS, AND RESTRICTIONS, SECTION 3 OF

THE SUPPLEMENTAL COVENANTS, CONDITIONS, AND

RESTRICTIONS, RELATED TO HEIGHT LIMITS SPECIFIED FOR

TREES AND BUSHES APPLICABLE TO PRIVATE PROPERTIES
LOCATED BETWEEN 201 AND 327 CALLE DELICADA, SAN
CLEMENTE, CA 92672, AS OF JANUARY 20, 2026.

5 City Council Regular Meeting Agenda January 20, 2026
8C. CONSIDERATION OF A RESOLUTION TO APPROVE PUBLIC
HEARING PROJECT (PHP) 25-558 TO MODIFY THE PREVIOUSLY

APPROVED LODGE HOTEL ROOFTOP RESTAURANT TO ENCLOSE

A PORTION OF THE ROOFTOP SEATING AREA AND ADD
OPERATIONAL CONDITIONS OF APPROVAL; AND MAKE FINDINGS

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Public Hearing to consider a change to the previously approved rooftop restaurant. Previously, all 204 seats for the restaurant were anticipated to be outdoors. This modification would enclose the restaurant bar and much of the seating as well as incorporating acoustic glass around the remaining outdoor seating between five to seven feet in height to contain noise.

The City Council will also consider whether the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15162 (Subsequent review of Environmental Impact Report and Negative Declarations) and §15183 (Projects Consistent with a Community Plan or Zoning).

Staff Recommendation
Adopt Resolution No. 26-03, which would:

1. Find that no further environmental review is needed, consistent with the California Environmental Quality Act (CEQA) Guidelines §15162 and §15183.

2. Approve Public Hearing Project (PHP) 25-558 to modify the previously approved rooftop restaurant to enclose a portion of the restaurant bar, as well as incorporate acoustic glass around the remaining outdoor seating between five to seven feet in height to contain noise, and add operational conditions of approval applicable to the use of the rooftop restaurant/bar.

6 City Council Regular Meeting Agenda January 20, 2026
8D. CONSIDERATION OF A RESOLUTION TO APPROVE GENERAL PLAN AMENDMENT 25-399; TO INCORPORATE POLICY LANGUAGE
CONSISTENT WITH SENATE BILL 1425, SENATE BILL 1035, AND ASSEMBLY BILL 747; AN UPDATE TO THE GENERAL PLAN IN

COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS
65565.5, 65302, AND 65302.15, AND FINDING THE ACTION

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Public Hearing to consider the proposed amendment to the Safety, Natural Resources, and Coastal Elements of the
City of San Clemente General Plan to comply with CA
Senate Bill (SB) 1425, SB 1035, and AB 747.

The City Council will also consider whether the actions are categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines §15307 (14 CCR §15307, Class 7: Actions by
Regulatory Agencies for Protection of Natural Resources); and §15308 (14 CCR §15308, Class 8: Actions by
Regulatory Agencies for Protection of the Environment).

Staff Recommendation
Adopt Resolution No. 26-04 to approve General Plan Amendment 25-399 which will:

1. Determine that the General Plan Amendment 25-399 is
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15307 and §15308.

2. Amend the Coastal, Natural Resources, and Safety Elements of the Centennial General Plan to address climate adaptation, access to open space, ecosystem preservation, wildfire risk mapping, and the identification and evaluation of evacuation routes.

7 City Council Regular Meeting Agenda January 20, 2026

9. Unfinished Business
9A. CONSIDERATION OF A RESOLUTION AUTHORIZING THE FORMATION OF

A STAFF AND ADVISORY COMMITTEE TO DEVELOP A REQUEST FOR

PROPOSALS FOR SAN CLEMENTE MUNICIPAL GOLF COURSE PRO SHOP

SERVICES, INCLUDING MODIFICATION OF THE REVENUE-SHARING

MODEL FOR PRO SHOP AND STARTER OPERATIONS, AND FINDING THE

ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 26-05, which will:

1. Find the action categorically exempt from the California Environmental Quality Act (CEQA) under Title 14, Section 15301 (Class 1 - Existing Facilities), and Section 15323 (Class 23 - Normal Operations of Facilities for Public Gatherings).

2. Create a Golf Course RFP Task Force consisting of the City Council liaison to the Golf Course, the City Manager, the Director of Beaches, Parks and Recreation, and the Chair of the Golf Course Committee to develop an RFP for Golf Course daily operations (with the exception of maintenance) that is similar to the current model but with a modified revenue sharing system that allows additional revenue generation at the Golf Course.

3. Direct staff to prepare and administer the RFP for Golf Course operations based on direction from the Golf Course RFP Task Force and return to City Council with a recommendation based on an evaluation of the proposals received.

8 City Council Regular Meeting Agenda January 20, 2026

10. New Business
10A. CONSIDERATION OF A RESOLUTION APPROVING AN EXEMPTION TO

THE FORMAL SOLICITATION PROCESS, AWARDING A PROFESSIONAL

SERVICES AGREEMENT TO CENTER OF NATURAL LANDS MANAGEMENT

FOR THE PREPARATION OF A CONSERVATION EASEMENT AND HABITAT

MANAGEMENT PLAN FOR PUBLIC OPEN SPACE IN FORSTER RANCH

INTENDED FOR PRESERVATION, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $60,000,

APPROVING A RELATED APPROPRIATION, AND FINDING THE PROJECT

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 26-06, which will:

1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15262 (Feasibility and Planning Studies) and 15378 (No Potential for Impact) of the State CEQA Guidelines.

2. Approve an exemption from the formal solicitation process within the City’s Purchasing Policy (Section XI.A.1.1.6).

3. Award a professional consulting services agreement to Center of Natural Lands Management to prepare documents for future consideration that would preserve 142.6 acres of City-owned open space to meet 1998 Interim Loss Habitat Permit conditions for the Reserve development.

4. Approve a one-time appropriation in the amount of $60,000 to fund the agreement with Center of Natural Lands Management to Account No. 001 -433-43890.

5. Approve, and authorize the City Manager to execute, Contract No. C26- 01, by and between the City of San Clemente and Center of Natural Lands Management, providing for preparation of documents for future consideration that would preserve 142.6 acres of City-owned open space to meet 1998 Interim Loss Habitat Permit conditions for the Reserve development, in an amount not to exceed $60,000 for Phase One.

6. Direct staff to return to the City Council to make a decision on Phase Two for the approval and execution of a conservation easement, habitat management plan, and endowment agreement.

9 City Council Regular Meeting Agenda January 20, 2026
10B. BID PROTEST HEARING FOR THE CALLE FRONTERA SEWER LIFT STATION SOIL STABILIZATION PROJECT, CIP PROJECT NO. 32201, AND

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION

CONTRACT FOR THE PROJECT TO THE LOWEST RESPONSIVE AND

RESPONSIBLE BIDDER, AUTHORIZING THE CITY MANAGER TO EXECUTE

THE CONSTRUCTION CONTRACT, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Staff Recommendation

1. Conduct a bid protest hearing, open the hearing, hear public testimony and comments, including any evidence and argument presented by the bidders, and close the hearing.

AND, after the protest hearing, adopt Resolution No. 26-07, which will:

2. Find the Calle Frontera Lift Station Soil Stabilization, Project No. 32201, categorically exempt from the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures, 14 CCR section 15303) of the State CEQA Guidelines.

3. Deny the bid protest submitted by Wright Construction Engineering Corp. and waive the immaterial bid irregularity in the bid submitted by Alliance Diversified Enterprises, Inc.

4. Award the Calle Frontera Lift Station Soil Stabilization, construction contract to Alliance Diversified Enterprises, Inc., as the lowest responsible and responsive bidder after application of the local vendor preference.

5. Approve, and authorize the City Manager to execute, Contract No. C26- 02, by and between the City of San Clemente and Alliance Diversified Enterprises, Inc., providing for the Calle Frontera Lift Station Soil Stabilization, in an amount not to exceed $769,904, in a form substantially similar to Contract No. 26-02 (Attachment 2).
10C. CONSIDERATION OF A RESOLUTION IN SUPPORT OF UNITED STATES OF REPRESENTATIVES HOUSE BILL HR 2862 (LEVIN): SOUTHERN

CALIFORNIA COAST AND OCEAN PROTECTION ACT
(Agendized by Councilmember Enmeier, with the support of Mayor Loeffler at the December 9, 2025 City Council meeting.)
Staff Recommendation
Determine whether to adopt Resolution No. 25-08 entitled A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, OPPOSING NEW OFFSHORE OIL AND GAS DRILLING.

10 City Council Regular Meeting Agenda January 20, 2026 10D. DISCUSSION AND DIRECTION TO STAFF IN RELATION TO A POTENTIAL

CITIZENS BALLOT INITIATIVE
(Agendized by Councilmember Enmeier, with the support of Councilmember Cabral and Mayor Loeffler, at the December 9, 2025 City Council meeting.) Staff Recommendation
Consider the item and provide appropriate direction to staff and the City Attorney.

11. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council or Staff requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL ADJOURNED REGULAR MEETING
MINUTES OF DECEMBER 9, 2025.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) BEACHES, PARKS AND RECREATION COMMISSION REGULAR
MEETING MINUTES OF OCTOBER 14, 2025.
(2) BEACHES, PARKS AND RECREATION COMMISSION SPECIAL
MEETING MINUTES OF OCTOBER 28, 2025.
(3) PLANNING COMMISSION REGULAR MEETING MINUTES OF
DECEMBER 3, 2025.
(4) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
DECEMBER 4, 2025.
(5) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES
OF DECEMBER 10, 2025.
(6) PLANNING COMMISSION REGULAR MEETING MINUTES OF
DECEMBER 17, 2025.
(7) DESIGN REVIEW SUBCOMMITTEE SPECIAL MEETING MINUTES OF DECEMBER 17, 2025.
(8) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
DECEMBER 18, 2025.

11 City Council Regular Meeting Agenda January 20, 2026 (9) ZONING ADMINISTRATOR ADJOURNED MEETING MINUTES OF
DECEMBER 23, 2025.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
3345 THROUGH 3352 AND WARRANT NOS.
608604 THROUGH 608762, PAID ON
11-28-25, IN THE AMOUNT OF $2,528,512.93
(2) APPROVE WARRANT NOS.
608763 THROUGH 608835, PAID ON
12-5-25, IN THE AMOUNT OF $6,293,167.07
(3) APPROVE WIRE TRANSFER NOS.
3353 THROUGH 3358 AND WARRANT NOS.
608836 THROUGH 608947, PAID ON
12-12-25, IN THE AMOUNT OF $2,263,058.98
(4) APPROVE HANDWRITE NOS. 609060
THROUGH 609061 AND WARRANT NOS.
608948 THROUGH 609059, PAID ON
12-19-25, IN THE AMOUNT OF $889,739.47
(5) APPROVE WIRE TRANSFER NOS.
3359 THROUGH 3364 AND WARRANT NOS.
609062 THROUGH 609184, PAID ON
12-26-25, IN THE AMOUNT OF $1,281,924.63
(6) APPROVE WIRE TRANSFER NOS.
3365 THROUGH 3373 AND WARRANT NOS.
609185 THROUGH 609269, PAID ON
1-9-26, IN THE AMOUNT OF $3,851,291.25
TOTAL WARRANT REGISTER $17,107,694.33
Payroll Register

APPROVE AUTOMATIC DEPOSIT
ADVISES 107990 THROUGH 108304,
FOR THE PERIOD 11-10-25 THROUGH
11-23-25, PAID ON 11-28-25, IN THE
AMOUNT OF $530,189.83
APPROVE WARRANT NOS. 989
THROUGH 990, AND AUTOMATIC
DEPOSIT ADVISES 108305
THROUGH 108637, FOR THE PERIOD
11-24-25 THROUGH 12-7-25, PAID
ON 12-12-25, IN THE AMOUNT OF $734,569.65

12 City Council Regular Meeting Agenda January 20, 2026 APPROVE WARRANT NO. 991, AND
AUTOMATIC DEPOSIT ADVISES 108638
THROUGH 108975, FOR THE PERIOD
12-8-25 THROUGH 12-21-25, PAID
ON 12-26-25, IN THE AMOUNT OF $543,641.74
APPROVE WARRANT NO. 992, AND
AUTOMATIC DEPOSIT ADVISES 108976
THROUGH 109262, FOR THE PERIOD
12-22-25 THROUGH 1-4-26, PAID
ON 1-9-26, IN THE AMOUNT OF $548,411.97
TOTAL PAYROLL REGISTER $2,356,813.19
11D. MODIFICATION TO CITY COUNCIL NOVEMBER 2026 MEETING SCHEDULE Staff Recommendation
That the City Council hold one meeting in November 2026 on Tuesday, November 10, 2026.
11E. CONSIDERATION OF A RESOLUTION ACCEPTING EASEMENT FOR

PUBLIC STORM DRAIN, SEWER, AND UTILITY PURPOSES FOR THE

NEWLY CONSTRUCTED CYPRUS SHORE STORM DRAIN AND SEWER
LIFT STATION IMPROVEMENTS, CIP PROJECT NOS. 12004 & 12210,

GRANTED BY THE CYPRUS SHORE COMMUNITY ASSOCIATION, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE ACCEPTANCE
Staff Recommendation
Adopt Resolution No. 26-09, which will:

1. Accept the grant of the storm drain and sewer easement from the Cyprus Shore Community Association, for the Cyprus Shore Storm Drain and Sewer Lift Station Improvements Project, CIP Project Nos. 12004 and 12210.

2. Approve, and authorize the City Manager to execute, D-545, by and between the City of San Clemente and Cyprus Shore Community Association for the Cyprus Shore Storm Drain and Sewer Lift Station Improvements.

3. Authorize City Clerk to submit the easement documents from Cyprus Shore Community Association, for the Cyprus Shore Storm Drain and Sewer Lift Station Improvements Project to the Orange County Recorder for recordation.

13 City Council Regular Meeting Agenda January 20, 2026 11F. CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE FY 2026 ARTERIAL STREET IMPROVEMENT
PROGRAM, CIP PROJECT NO. 16317
Staff Recommendation
Adopt Resolution No. 26-10, which will:

1. Accept the FY 2026 Arterial Street Improvement Program, CIP Project No. 16317, from the contractor, American Asphalt South, Inc.

2. Authorize the City Clerk to execute and record the Notice of Completion for the FY 2026 Arterial Street Improvement Program.

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, American Asphalt South, Inc.

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost. 11G. CONTRACT AWARD - FY 2026 AS-NEEDED STREET IMPROVEMENT

PROGRAM (STRIPING), AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 26-11, which will:

1. Find the FY 2026 As-Needed Street Improvement Program (Striping), CIP Project No. 16318, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the FY 2026 As-Needed Street Improvement Program (Striping), CIP Project No. 16318, contract to WGJ Enterprises, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C26- 03, by and between the City of San Clemente and WGJ Enterprises, Inc., providing for the FY 2026 As-Needed Street Improvement Program (Striping), in an amount not to exceed $75,000, in a form substantially similar to Contract No. 26-03 (Attachment 2).

4. Authorize the City Manager to renew the contract for up to three additional one-year terms, exercisable at the discretion of the City Manager.

14 City Council Regular Meeting Agenda January 20, 2026 11H. CONTRACT AWARD - FY 2026 AS-NEEDED STREET IMPROVEMENT

PROGRAM (UTILITY ADJUSTMENTS), AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Staff Recommendation
Adopt Resolution No. 26-12, which will:
..recommendation

1. Find the FY 2026 As-Needed Street Improvement Program (Utility Adjustments), CIP Project No. 16318, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the FY 2026 As-Needed Street Improvement Program (Utility Adjustments), CIP Project No. 16318, contract to Manhole Adjusting, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C26-04, by and between the City of San Clemente and Manhole Adjusting, Inc., providing for the FY 2026 As-Needed Street Improvement Program (Utility Adjustments), in an amount not to exceed $75,000, in a form substantially similar to Contract No. 26-04 (Attachment 2).

4. Authorize the City Manager to renew the contract for up to three additional one-year terms, exercisable at in the City Manager’s discretion. 11I. CONSIDERATION OF APPROVING AN EXEMPTION TO THE FORMAL

SOLICITATION PROCESS, AWARDING AND AUTHORIZING THE CITY TO

ENTER INTO A REGIONAL CONTRACT FOR SERVICE AND MAINTENANCE

FOR THE ODOR SCRUBBER TOWERS AT THE WATER RECLAMATION

PLANT, AND FINDING THE ACTIONS CATEGORICALLY EXEMPT UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 26-13, which will:

1. Find the actions categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the state CEQA Guidelines Section 15301 (14 CCR Section 15301, Existing Facilities).

2. Authorize the City to enter into the regional contract between the South Orange County Wastewater Authority (SOCWA), Integrity Municipal Systems, LLC, and other SOCWA entities for service and maintenance for the Odor Scrubber Towers at the Water Reclamation Plant.

3. Approve an exemption to the formal solicitation process within the City’s

15 City Council Regular Meeting Agenda January 20, 2026 Purchasing Policies and Procedures No. 201-2-1, Section XI.A.1.1.5 for Services and/or supplies obtained from or through agreement with any governmental, public or quasi-public entity.

4. Approve, and authorize the City Manager to execute, Contract No. C26- 05, by and between the City of San Clemente and South Orange County Wastewater Authority (SOCWA), Integrity Municipal Systems, LLC., and South Orange County Wastewater entities, providing for service and maintenance for the Odor Scrubber Towers, in an amount not to exceed $26,655 for the initial one-year term.

5. Authorize the City Manager to approve up to four, one-year renewals to the contract for amounts not to exceed the approved budget amounts for this service in each appropriate fiscal year.
11J. CONSIDERATION OF APPROVING AN EXEMPTION TO THE FORMAL

SOLICITATION PROCESS, AWARDING AND AUTHORIZING THE CITY TO

ENTER INTO A REGIONAL CONTRACT FOR GRIT AND SCREENINGS

SERVICES AT THE WATER RECLAMATION PLANT, AND FINDING THE

ACTIONS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 26-14, which will:

1. Find the actions categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the state CEQA Guidelines Section 15301 (14 CCR Section 15301, Existing Facilities).

2. Authorize the City to enter into the regional contract between the South Orange County Wastewater Authority (SOCWA), Roll Off Solutions, Inc., and the other SOCWA entities for Grit and Screenings Services at the Water Reclamation Plant.

3. Approve an exemption to the formal solicitation process within the City’s Purchasing Policies and Procedures No. 201-2-1, Section XI.A.1.1.5 for Services and/or supplies obtained from or through agreement with any governmental, public or quasi-public entity.

4. Approve, and authorize the City Manager to execute, Contract No. C26- 06, by and between the City of San Clemente and South Orange County Wastewater Authority (SOCWA), Roll Off Solutions, Inc. and South Orange County entities, providing for Grit and Screenings Services at the Water Reclamation Plant, in an amount not to exceed $42,645 for the initial one-year term.

16 City Council Regular Meeting Agenda January 20, 2026

5. Authorize the City Manager to approve up to four, one-year renewals to the contract for amounts not to exceed the approved budget amounts for this service in each appropriate fiscal year.
11K. CONTRACT AWARD - DEFINED BENEFIT ADMINISTRATION SERVICES Staff Recommendation
Adopt Resolution No. 26-15 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING A REVISED

PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR DEFINED
BENEFIT ADMINISTRATION SERVICES WITH MILLIMAN, INC. AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $45,000 ANNUALLY FOR A THREE-YEAR

TERM WITH TWO OPTIONAL ONE-YEAR EXTENSIONS
11L. CONTRACT AMENDMENT - TREE MAINTENANCE SERVICES, AND

FINDING THE ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 25-16, which will:

1. Determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1 (Existing Facilities, §15301).

2. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C24-67, by and between the City of San Clemente and Great Scott Tree Service, Inc., providing for Tree Maintenance Services, increasing the base contract amount by $57,719 for a revised FY 2025-26 not-to-exceed amount of $437,657, with funding available in Account No. 001 -633-43426.
11M. CONSIDERATION OF A RESOLUTION APPROVING A LEASE AGREEMENT

WITH THE DEPARTMENT OF HOMELAND SECURITY CUSTOMS AND

BORDER PROTECTION AGENCY FOR THE INSTALLATION AND

OPERATION OF A MARITIME SURVEILLANCE SYSTEM ON CITY-OWNED LAND AT THE RESERVOIR 5 COMMUNICATIONS SITE (APN 690-502-16 AND 690-502-12), AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT, AND FINDING THE ACTIONS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 26-17, which will:

1. Determine that the actions are categorically exempt from the California Environmental Quality Act (CEQA) under Class 3, Section 15303 of the

17 City Council Regular Meeting Agenda January 20, 2026 State CEQA Guidelines (14 CCR 15303); and

2. Approve, and authorize the City Manager to execute, Contract No. C26- 09, by and between the City of San Clemente and the Department of Homeland Security Customs and Border Protection Agency (CBP), a lease agreement, for a maritime surveillance system at the Reservoir 5 Communications Site.

12. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

13. Future Agenda Items

14. Reports
A. City Attorney
B. City Manager

15. Adjournment
The next Regular City Council Meeting is scheduled to take place on February 3, 2026.

Closed Session will begin at 4:30 p.m. and the Regular Business Meeting will begin at 5:30 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

18 City Council Regular Meeting Agenda January 20, 2026

CITY COUNCIL MEETING PROCEDURES

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.

Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request. Electronic presentations shall be limited to visual media, without prerecorded audio narration, that augment a live verbal presentation addressed to the City Council. The display of visual media shall be ancillary to, and not presented in place of, live verbal narration. Members of the public shall not be permitted to connect equipment to the City's computer system. Members of the public shall not be permitted to access the internet from the City's computer equipment. Visual presentations must be provided to the City Clerk in a display-ready format. In no case shall Staff be required to develop a presentation for public use.

This prohibition includes, but is not limited to, compiling of City records, downloading data from websites, or gathering or modifying data provided by the public.

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

19 City Council Regular Meeting Agenda January 20, 2026

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted, by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.

20 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: January 20, 2026 Agenda Item: A.
21 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: January 20, 2026 Agenda Item: 8A.

Submitted By: Planning Division
Prepared By: Jonathan Lightfoot, City Planner
Subject:
..titl e

PUBLIC HEARING TO CONSIDER A CHANGE OR REVOCATION OF AN APPROVED WEEKLY “CARS AND COFFEE” EVENT UNDER CONDITIONAL USE PERMIT 22-328, PURSUANT TO SAN CLEMENTE MUNICIPAL CODE SECTION 17.12.175 AND TO

CONSIDER WHETHER THE PROJECT IS CATEGORICALLY EXEMPT FROM THE

REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

There is no fiscal impact to maintain the effectiveness of Conditional Use Permit (CUP) 22-238.

However, there may be costs associated with City Council action related to the imposition of certain new conditions of approval. As proposed, the additional conditions of approval recommended by staff have no fiscal impact on the City, as the burden of cost to implement the conditions is placed on the property owner or event operators.

Summary:

On September 16, 2025, the City Council requested a future agenda item to review the operations of the weekly Cars and Coffee events hosted at the Outlets at San Clemente (“Outlets”) every Saturday. On October 21, 2025, the City Council reviewed information about the event operations as well as information about any enforcement activities from the City’s Code Compliance Division, the Orange County Sheriff Department (OCSD), and the California Highway Patrol (CHP). The Council ultimately decided to schedule and conduct a public hearing pursuant to San Clemente Municipal Code Section (SCMC) 17.12.175 – City Initiated Changes or Revocation of Approved Applications.

The City Council may choose to consider a change or revocation of the CUP under SCMC Section 17.12.175, request additional information, or receive and file this report. Should the City Council maintain the City’s approval of the CUP, options for additional conditions of approval are provided in this report for the consideration by the City Council. The additional conditions range from reduced event capacity and other operational modifications, to increased law enforcement presence around the event, paid for directly by the event operator.

Background:

The Outlets opened in November, 2015 and gradually introduced special events into its programming. On April 5, 2017, the Zoning Administrator granted Special Activities Permit No. 17-066 to allow 14 special activities to take place in 2017. In 2017, the Outlets also applied for a Conditional Use Permit (CUP16-349) to allow for a variety of recurring outdoor events. The Planning Commission approved the CUP on January 17, 2018, which authorized a range of public, promotional and community events.
22 Meeting Date: January 20, 2026 Agenda Item: 8A.

CITY OF SAN CLEMENTE 2
The program approved in 2018 includes three levels of outdoor events, categorized as Lowers, Middles and Uppers Events. Lowers are smaller events and would include weekend entertainers, solo musicians and crafting projects for children. These events would take place most often.

Middles is a category of events that includes the Easter Celebration, Fiesta De Mayo, job fairs, the Menorah Lighting, and a car show. The largest events that would take place are the Uppers.

Examples of this type of event would be the Annual Tree Lighting, Shopping Extravaganza Fundraiser and Barks and Brews. Most events would take place in the interior courtyards of the Outlets. The staff report for CUP 16-349 is available online1.

Staff provided a one-year status update to the Commission in January, 2019, which indicated that staff, OCSD and Orange County Fire Authority (OCFA) had no significant calls for service related to these events. However, between 2020 and 2021, Code Compliance received 17 complaints related to the operations of the Cars and Coffee events at the Outlets. City management contacted the Outlets management and the event organizers to address the repeated complaints, and the Outlets ultimately submitted an application to amend CUP 16-349. The Planning Commission approved the amendment on December 7, 2022 via Resolution PC 22-031 (Attachment 1) which augmented the CUP to allow for a weekly car show, holiday events in partnership with religious or non-profit groups, and bi-weekly food distribution events. These events were subject to additional conditions of approval, and conditions related to the Cars and Coffee events are addressed by Condition of Approval No. 53 (refer to Exhibit A of Attachment 3).

Since adoption of the amended CUP, the event operators have complied with the specified conditions. They have implemented an on-site sign program, established an online feedback system, and provided logs of public correspondence as required. However, due to complaints regarding off-site speeding and vehicle noise, OCSD and CHP have conducted targeted enforcement operations at and around the event, resulting in citations, vehicle impoundments and arrests for off-site violations. The data below was previously provided to the City Council in the October 21, 2025 staff report1.

Table 1: 2025 Police Enforcement
Action
CHP: March
2025
OCSD: May
2025
Enforcement contact / Stops 159 54
Citations 121 56
Vehicles Towed N/A 2
Verbal Warnings 34 0
30-Day Vehicle Seizures 5 N/A
Total Arrests (Felonies) 4 (3) N/A
Pursuits 2 N/A

1 The 10/21/2025 staff report is available online at https://casanclemente.civicplus.com/AgendaCenter/ViewFile/Item/586?fileID=4269 23 Meeting Date: January 20, 2026 Agenda Item: 8A.

CITY OF SAN CLEMENTE 3
Clarifications from October 21, 2025:

The City Council requested clarification on the types of enforcement actions that were previously noted (see Table 1). Staff requested additional detail, in particular from the CHP enforcement operation conducted in March, 2025, to provide a better understanding of the nature of the actions. According to CHP, actions most likely attributable to the event occurred between 7 a.m. and 2 p.m. There were 102 actions in that time period. Of those, 49 were for speeding. The remaining citations represent a blend of improperly displayed license plates, visual obstructions or tinted windows, use of a cellular device, or moving violations such as unsafe lane changes or passing on the right.

Staff also conferenced with OCSD and CHP to discuss public safety concerns. Both representatives indicated that the on-site event is well run and law-enforcement friendly. CHP and OCSD representatives provided insights into the challenges posed by the event, highlighting the high-speed pursuits and reckless driving involving motorcycles that occur both during and after the event. They discussed the effectiveness of recent enforcement efforts, including the use of OCSD motor deputies and grant-funded overtime, which have resulted in a significant number of citations and vehicle tows. OCSD representatives emphasized the financial burden of staffing the event, estimating costs at around $1,351 for two deputies for six hours, and suggested exploring direct billing to the event organizers as a potential solution. The representatives agreed that while the event organizers are cooperative, the external safety issues associated with the event require ongoing attention and resources.

The City Council also inquired as to the proportion of vehicle citation revenue that the City receives. Staff research indicates that the citation payment and revenue distribution processes are the same, whether the citation is issued by local law enforcement (OCSD) or highway patrol (CHP). The process and allocation are governed by California law (primarily Penal Code § 1463.001 and related statutes):
 The fine is paid to the Superior Court handling the case (typically Orange County Superior Court).
 The court deposits the money with the Orange County Treasurer-Tax Collector.  The distribution occurs monthly according to state law. Generally, the base fine is split between the County (15%) and local government (85%) respectively. The penalty assessments and surcharges are separate and are allocated to other entities and uses, such as supporting court services and facilities, emergency services, and other state programs
In the current fiscal year, vehicle fine revenues are expected to exceed $230,000. Under the California Vehicle Code § 42200, the portion of fines that goes to a city from traffic violations must be deposited into the city’s Traffic Safety Fund and used exclusively for traffic-related purposes (such as traffic signal maintenance, equipment for traffic enforcement, accident prevention efforts, and street improvements). These funds may not be used to pay police officer salaries. 24 Meeting Date: January 20, 2026 Agenda Item: 8A.

CITY OF SAN CLEMENTE 4
Saturated Enforcement Units (SEUs)
CHP representatives explained that while CHP independently determines when to conduct SEUs, they often coordinate with sheriff departments, particularly for events like Cars and Coffee, where reckless driving is a concern. They described a collaborative effort where both agencies would monitor such events, assess risks, and potentially deploy additional resources for grant-funded overtime to address street racing and reckless driving issues.

OCSD conducted expanded enforcement on select weekends in November and December where motor deputies were deployed from 7 AM to 1:30 PM. On Saturday, December 13, 2025, three deputies issued 83 citations, with 28 for speeding, 20 for red light or stop sign violations, and 11 for using mobile phones while driving. Previous enforcement efforts on November 22 and December 6 resulted in 22 and 37 citations, respectively, with the majority of tickets being for speeding violations. Occasionally, CHP and OCSD are able to secure state grant funds to enable saturation services. However, those opportunities are limited to a few SEUs per year.

Discussion:

From a review of the Cars and Coffee operations, the event operators are abiding by the established conditions of approval. However, there is evidence of off-site vehicle code violations by some participants and/or spectators arriving to, or leaving from, the event. Both CHP and OCSD representatives agreed that their primary concern is that some participants and/or spectators are driving recklessly fast to and from the event. Specifically, they noted that motorcycles are much more likely than other vehicles to speed and to incite a police chase. They cited numerous occasions where deputies flashed lights due to one or more violations, and a group of motorcycles scattered off at speeds over 100 mph.

Under San Clemente Municipal Code Section 17.12.175, the City Council can modify or revoke the Cars and Coffee Conditional Use Permit if it deems the site or land use is being operated in a manner that constitutes a nuisance. While the site itself is not being operated in such a manner, there are externalities tied to the event resulting in nuisance and safety concerns.

However, the event also benefits the community. It provides additional foot traffic to the Outlets businesses. It brings consistent tourism interest. It supports local nonprofits. It is self-managed, including support from local residents, high school students, and Marines. And public testimony has repeatedly affirmed that it brings the community together, bridging political, cultural, and generational gaps.

Therefore, staff does not recommend that the permit be revoked. Should the City Council desire to impose additional conditions, multiple options have been presented in the following section.

Council Options:
 Table the item and make no changes to the existing CUP.  Modify the CUP to require any of the following additional conditions of approval, or others not listed:
o A private contract with San Clemente Police Services (OCSD) to provide two (2) Deputies at 6 hours each who would be assigned to patrol the public right-of-way 25 Meeting Date: January 20, 2026 Agenda Item: 8A.

CITY OF SAN CLEMENTE 5
around the event, including the hour before and the hour after the end of the event. See Attachment 2 for an example contract.
o Prohibiting motorcycle participation in the Cars and Coffee event area. o Modifying the participants’ ingress and egress to and from the event area, and associated directional signage.
o Requiring installation of two (2) Automatic License Plate Reader (ALPR) cameras at both entrances/exits to the Outlets property along Avenida Vista Hermosa, in a manner recommended by San Clemente Police Services (OCSD).
o Reducing the frequency of the events to less than weekly. o Require a participant and spectator registration program for each event that includes the make, model, and license plate number of each vehicle and the name and driver’s license number of each driver.
o Install signage prohibiting unsafe climbing around the freeway overpass, such as “Pedestrians Must Remain on Sidewalks”.
 Revoke the Conditional Use Permit based on stated nuisance findings.  Provide further direction to staff, such as requests for additional information.

Environmental Review/Analysis:

The project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class 1(e) (14 CCR §15301, Existing Facilities).

Recommended Actions:

Staff Recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No. 26-01, which will:

1. Find the modification to CUP 22-238 categorically exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Class 1(e) (14 CCR §15301, Existing Facilities).

2. Maintain the effectiveness of CUP 22-238 and add the following conditions of approval:

A. The event operator shall enter into a private contract with San Clemente Police Services (OCSD) to provide two (2) Deputies at 6 hours each who would be assigned to patrol the public right-of-way around the Cars and Coffee event, including the hour before and the hour after the end of the event. Such contract shall be maintained for all “Cars and Coffee” events.
26 Meeting Date: January 20, 2026 Agenda Item: 8A.

CITY OF SAN CLEMENTE 6
B. Motorcycles shall not be permitted within the Cars and Coffee event area. The event organizers and Outlets property management shall be responsible to ensure compliance with this condition.

C. By April 20, 2026, the event operator and/or property owner shall be responsible for the installation of two (2) Automatic License Plate Reader (ALPR) cameras at both entrances/exits to the Outlets property along Avenida Vista Hermosa (four (4) ALPR cameras in total), in a manner recommended by San Clemente Police Services (OCSD) and providing network access to those ALPR cameras to OCSD. ..end
Attachment:

1. Resolution 26-01

2. Example Direct Contract with OCSD

3. Planning Commission Resolution 22-031
Exhibit A - Conditions of Approval

4. Public Comments
Notification:

Outlets Management
Cars and Coffee Event Operators
27 Attachment 1
RESOLUTION NO. 26-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING CONDITIONAL
USE PERMIT 22-328 TO ESTABLISH ADDITIONAL

CONDITIONS OF APPROVAL AND OPERATION RELATED
TO THE WEEKLY CAR SHOW EVENT (“CARS AND
COFFEE”) AT THE OUTLETS AT SAN CLEMENTE
LOCATED AT 101 WEST AVENIDA VISTA HERMOSA; AND

FINDING THAT THE ACTION IS CATEGORICALLY EXEMPT

FROM THE REQUIREMENTS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA
GUIDELINES SECTION 15301, CLASS 1(E) (14 CCR §15301,

EXISTING FACILITIES)
WHEREAS, on January 17, 2018, the Planning Commission held a duly noticed public hearing and approved Conditional Use Permits (CUP) 16-349 to allow for outdoor events at the San Clemente Outlets, including some events that include the service of alcohol; and
WHEREAS, on September 7, 2022, an application was submitted, and deemed complete on November 2, 2022, by Craig Realty Group, 101 West Avenida Vista Hermosa, San Clemente CA 92672. The application requested to amend CUP 16-349 to add or expand outdoor events predominately located at the Outlets parking garage. The Outlets at San Clemente are within the Regional Commercial (RC1) zoning designation of the Marblehead Coastal Specific Plan. The legal description is Lot 327, of Tract 8817, the Assessor’s Parcel Number being 691-422-13; and
WHEREAS, on December 7, 2022, the Planning Commission held a duly noticed public hearing on the subject application and considered evidence presented by the City staff, the applicant, and other interested parties and adopted Resolution No. PC 22-031, approving Conditional Use Permit 22-328 and amending CUP 16-349 among other things; and
WHEREAS, on September 16, 2025, the City Council requested a future agenda item to review the operation of the weekly Cars and Coffee events under Conditional Use Permit 22-328; and
WHEREAS, on October 21, 2025, the City Council requested to initiate a public hearing to consider modification or revocation of CUP 22-328; and WHEREAS, on January 20, 2026, the City Council of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
28 Resolution No. 26-01 Page 2
SECTION 1. Incorporation of Recitals.

The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as if fully set forth in this resolution.

SECTION 2. CEQA Findings.

The project is Categorically Exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Class 1(e) (14 CCR §15301, Existing Facilities), in that the modification to the existing Conditional Use Permit to add additional conditions of approval are consistent with the types of conditions currently placed on the event and represent no expansion of the event or approvals for any increase in the event intensities.

SECTION 3. Findings to Modify CUP 22-328
The City Council finds that the event operations currently meet the following criteria under San Clemente Municipal Code Section 17.12.175 - City Initiated Changes or Revocation of Approved Applications: The site or land use is being operated in a manner that constitutes a nuisance. Evidence of pedestrian trespass and loitering near freeway ramps as well as records of elevated vehicle code infractions near the site both before and after the event indicate that there are nuisance and safety concerns that may be improved by the imposition of additional Conditions of Approval.

SECTION 4. Additional Conditions of Approval
The Conditions of Approval for Conditional Use Permit 22-328 remain operative. In addition, the following conditions are hereby imposed in order to remedy the identified vehicular safety and nuisance concerns:

1. The event operator shall enter into a private contract with San Clemente Police Services (OCSD) to provide two (2) Deputies at 6 hours each who would be assigned to patrol the public right-of-way around the Cars and Coffee event, including the hour before and the hour after the end of the event. Such contract shall be maintained for all “Cars and Coffee” events.

2. Motorcycles shall not be permitted within the Cars and Coffee event area. The event organizers and Outlets at San Clemente property management shall be responsible to ensure compliance with this condition.

3. By April 20, 2026, the event operator and/or property owner shall be responsible for the installation of two (2) Automatic License Plate Reader (ALPR) cameras at both entrances/exits to the Outlets property along Avenida Vista Hermosa (four (4) ALPR cameras in total), in a manner recommended by San Clemente Police Services (OCSD) and providing network access to those ALPR cameras to OCSD.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution 29 Resolution No. 26-01 Page 3
and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-01 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
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31 AGREEMENT

BETWEEN THE

COUNTY OF ORANGE
AND
VILLA SAN CLEMENTE, LLC.,
a California limited liability Company
THIS AGREEMENT, entered into this First day of November 2022, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as “COUNTY”, and VILLA SAN CLEMENTE, LLC., a California limited liability company, hereinafter referred to as “EVENT OPERATOR”.

WITNESSETH:

WHEREAS, EVENT OPERATOR wishes to contract with COUNTY for COUNTY’S Sheriff-Coroner Department, hereinafter referred to as “SHERIFF”, to provide supplemental law enforcement services to preserve the peace at special events or occurrences that happen on an occasional basis; WHEREAS, COUNTY is agreeable to the rendering of such services, as authorized in Government Code Section 53069.8, on the terms and conditions hereinafter set forth; and
WHEREAS, COUNTY’S Board of Supervisors has authorized SHERIFF to execute Agreements in this format on behalf of COUNTY, NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
//
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Attachment 2
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31 TABLE OF CONTENTS

SECTION PAGE
A. Term 3
B. Optional Termination 3
C. Services by COUNTY 3
D. Payment 4
E. Alteration of Terms 5
F. Status of COUNTY 5
G. Indemnification 6
H. Insurance 6
I. Total Agreement 7
J. Notices 7
Signature Page 8
Attachment A: County Billing Policy
//
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31 A. TERM:

The term of this Agreement shall commence November 19, 2022 and terminate November 19, 2022, unless earlier terminated by either party in the manner set forth herein.

B. OPTIONAL TERMINATION:

COUNTY or EVENT OPERATOR may terminate this Agreement, without cause, upon ten (10) days written notice to the other party.

C. SERVICES BY COUNTY:

1. EVENT OPERATOR has a need for supplemental law enforcement services to preserve the peace at special events or occurrences that happen on an occasional basis. At the discretion of SHERIFF, taking into consideration factors pertaining to the public good, including, but not necessarily limited to, staffing levels and public safety concerns, COUNTY may provide such supplemental law enforcement services at such special events or occurrences as are timely requested by EVENT OPERATOR. Such services shall be provided by COUNTY only if SHERIFF so determines and if there are available adequate numbers of regularly appointed full-time peace officers, or other peace officers on terms negotiated with a certified employee organization(s), to perform such services. The services to be provided pursuant to this Agreement shall not include services authorized to be provided by private patrol operators, as defined in Business and Professions Code Section 7582.1. Services pursuant to this Agreement shall be provided only in the County of Orange. EVENT OPERATOR shall notify SHERIFF, at least twenty (20) days in advance of the need for services, of the nature, location and time of its planned special event or occurrence and the type of supplemental law enforcement services required.
//
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31 C. SERVICES BY COUNTY: (Continued)

2. In the event of a public emergency, SHERIFF shall have the right to withdraw all assigned personnel and equipment from the event as SHERIFF deems necessary and in the public interest to respond to the emergency.

Such withdrawal of personnel and equipment shall not constitute a breach of this Agreement, but EVENT OPERATOR shall not be required to pay for services which have not been rendered by COUNTY.

D. PAYMENT:

1. Pursuant to Government Code Section 53069.8, EVENT OPERATOR agrees to pay to COUNTY the costs of performing the services mutually agreed upon pursuant to this Agreement. The cost of services includes salaries, wages, benefits, mileage, services, supplies, and divisional, departmental and COUNTY General overhead.

2. The rate charged to EVENT OPERATOR by COUNTY shall be computed by SHERIFF in accordance with COUNTY’s law enforcement cost study in effect at the time the services are provided.

3. COUNTY shall invoice EVENT OPERATOR upon completion of the specific event.

4. EVENT OPERATOR shall pay COUNTY in accordance with COUNTY Board of Supervisors’ approved County Billing Policy, which is attached hereto as Attachment A, and incorporated herein by this reference.

5. COUNTY shall charge EVENT OPERATOR late payment penalties in accordance with COUNTY Board of Supervisors’ approved County Billing Policy.
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31 E. ALTERATION OF TERMS:

This Agreement fully expresses all understanding of EVENT OPERATOR and COUNTY with respect to the subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties.

F. STATUS OF COUNTY:

1. COUNTY is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between EVENT OPERATOR and COUNTY or any of COUNTY’s officers or agents or employees. COUNTY and its SHERIFF shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by COUNTY pursuant to this Agreement. COUNTY, its agents and employees, shall not be entitled to any rights or privileges of EVENT OPERATOR’s employees and shall not be considered in any manner to be EVENT OPERATOR’s employees.

2. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and EVENT OPERATOR or any of EVENT OPERATOR’s officers, agents, employees, subcontractors, or independent contractors. EVENT OPERATOR, its officers, agents, employees, subcontractors, and independent contractors shall not be entitled to any rights and privileges of COUNTY employees and shall not be considered in any manner to be COUNTY employees.
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31 G. INDEMNIFICATION:

COUNTY, its officers, agents, employees, subcontractors and independent contractors shall not be deemed to have assumed any liability for any of the following:

1. the negligence or any other act or omission of
(a) EVENT OPERATOR, or any of its officers, agents, employees, subcontractors, or independent contractors, or
(b) any persons or entities who are present at, or perform or are assigned to perform activities, services or work in connection with any special event or occurrence for which COUNTY provides services pursuant to this Agreement; or

2. any dangerous or defective condition of any real or personal property:
(a) that is possessed by EVENT OPERATOR or any of its officers, agents, employees, subcontractors, or independent contractors, or (b) upon which is held any special event or occurrence for which COUNTY provides services pursuant to this Agreement.

EVENT OPERATOR shall defend, indemnify and hold harmless COUNTY, its officers, agents, employees, subcontractors and independent contractors from any claim or liability whatsoever, for property damage, bodily injury, death or any other element of damage of any kind or nature, which is based or asserted upon any of the above-described acts or omissions or upon a condition of any of the above-described real or personal property.

H. INSURANCE:

For events to be held on public property, EVENT OPERATOR shall satisfy all insurance requirements for obtaining all permits and licenses required to hold the event in accordance with applicable laws. For events to be held on private property, EVENT OPERATOR shall provide to SHERIFF proof of written permission from the property’s owner to conduct the event. 36

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31 I. TOTAL AGREEMENT:

This Agreement, together with the attachment hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as are stated herein.

J. NOTICES:

All notices, reports and correspondence between the parties hereto respecting this agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows:

COUNTY: ORANGE COUNTY SHERIFF-CORONER
ATTN: MANAGER, LAW ENFORCEMENT CONTRACTS
320 N. FLOWER STREET
SANTA ANA, CA 92703
EVENT OPERATOR: VILLA SAN CLEMENTE, LLC
4100 MacArthur Blvd. Suite 100
Newport Beach, CA 92660
Attn: General Counsel
with copy to:

OUTLETS AT SAN CLEMENTE
101 W. Avenida Vista Hermosa, Suite 190
San Clemente, CA 92672
Attn: General Manager
//
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37 IN WITNESS WHEREOF, the parties have executed this AGREEMENT in the County of Orange, State of California.

BY:

CHAIRMAN OF THE BOARD

PRESIDENT OR VICE-PRESIDENT
DATED:

BY:

SECRET ARY, ASSIST ANT SECRET ARY,

CHIEF FINANCIAL OFFICER OR

ASSIST ANT TREASURER
BY:

APPROVED AS TO FORM:

COUNTY OF ORANGE
BY:

Sheriff-Coroner
DATED:

APPROVED AS TO FORM:

Office of the County Counsel
County of Orange, California
Deputy
DATED: '7"//5,/2,'

4/12/2021 (Private)
38 ATTACHMENT A

COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992
I. POLICY
All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services provided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County’s cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure.

Nothing herein shall affect the liability, including pre-judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices.

II. DEFINITIONS
A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties.

B. Received by the County - The phrase “received by the County”, as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County’s possession. It is not the date the payment is posted or deposited by the County.

III. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County of the materials and/or services.

Examples of such one-time, non-recurring provision of materials and/or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing containing certain city-requested data. Payment due date shall be invoice date plus 30 days.

B. Fixed Price (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued according to the following frequency:

1. Annual Billings that total $10,000 or less per 12-month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12-month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12-month period. Payment due date shall be invoice date plus 30 days.

39 2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12- month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter.

3. Monthly Billings that are greater than $200,000 per 12-month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month.

An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services.

IV. ACTUAL COST CONTRACTS
A. Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.

B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall represent the cost of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency/department/district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.

Examples of actual cost contracts for the ongoing, recurring provision of materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill.

V. PAYMENT DUE DATES
Notwithstanding the provisions of Sections II and III above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices).
(EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.)

40 VI. LATE CHARGES
The late payment of any invoiced amount by a contracting entity will cause the County to incur costs not contemplated by the County/contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow-up and processing of delinquent notices, increased accounting costs, etc.

Late charges will be assessed in the following situations:
 Over-the-counter payments will be assessed a late charge if any payment is not received by the County by the payment due date.
 Payments transmitted to the County via the U.S. Mail that have the payer’s postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day.
 Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge.

The late charge assessed in each of these situations shall be three-quarters of one percent (0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional 30-day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy.

VII. COLLECTIONS
Any invoice remaining unpaid 90 days after the invoice date shall be referred to the AuditorController for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non-payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract.

VIII. DISCOUNT FOR EARLY PAYMENT
Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one-quarter of one percent (0.25%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date.

If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due.

41 IX. DEFERRED REVENUE
At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12-month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor-Controller Agency Accounting units, or for those agencies/departments/districts without such a unit, the agency/department/district shall notify the Auditor-Controller of the amounts to be reclassified.

X. COST RECOVERY
All County agencies/department/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing.

XI. EXISTING CONTRACTS
Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy.

XII. DEVIATIONS FROM POLICY
Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a County agency/department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO’s recommendation relative thereto.

42 Attachment 3
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You don't often get email from . Learn why this is important From:

Sent: Saturday, January 10, 2026 11:48 AM
To: CityClerk Mail <[email protected]>
Subject: Save Cars & Coffee
You know in these times where the Constitution is constantly be trampled by government and the elite closing Cars and Coffee would be just another example of such a lack of concern for the overall general public and enthusiast. Cars & Coffee is a statement on the car culture of Southern California where it was born. I have been going to Cars & Coffee for decades as an observer or participant. I know there are a few who don’t follow the rules and to the best of the organizers capabilities when the rule breakers are detected they are forbidden from returning. Rule breakers are also ticketed as they enter the public streets as demonstrated by the history of violation citing’s, etc. I also know the organizers work extremely hard with the Outlet management and merchants, the local police, and others to maintain a well-organized and safe environment for the general public and those displaying their cars. Having the event once a week for approximately two- and one-half hours is not an unreasonable time frame for anyone to live with even the elite. I am sure many of the merchants would not like to see it go away either as I am sure it is a once-a-week uptick for their businesses. In summary, it would be a shame for the city to shut Cars and Coffee down as doing so would only benefit a few whereas keeping it benefits hundreds and pads the coffers of the merchants at the mall.

I request the city to continue to work with the organizers of Cars and Coffee to keep it ongoing and to root out those that break the rules.

Thanks
Neil Morrison, Pacifici Coast Corvettes
59 From:

Sent: Monday, January 12, 2026 10:23 AM
To: CityClerk Mail <[email protected]>
Subject: SouthOC Cars and Coffee at the Outlets of San Clemente [You don't often get email from
https://aka.ms/LeamAboutSenderldentification]
Dear Sir or Madam,
. Leam why this is impo1iant at
My wife and I attend the weekly Saturday event at the beautiful Outlets. We dine and shop at the vendors locations as well in large part because of the cars and coffee events. We ai·e pa1t ofthe 99% who don't cause problems in the swrnunding areas with child like boorish behavior.

Please don't cater to the minority. Stand up for the vast majority oflaw abiding citizens.

Renew the Conditional Permit without additional restrictions for SouthOC Cai·s and Coffee at the San Clemente Outlets.

Respectively,
Bob and Sandy Savanich
60 From: Holly DeJulia Gmail
Sent: Tuesday, January 13, 2026 6:41 AM
To: CityClerk Mail <[email protected]>
Subject: Cars and coffee
[You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Dear San Clemente City board members and whom this email may concern, I am emailing in support of revoking or requirements to any special use permit of the Cars and Coffee event held at the San Clemente Outlets or requiring this recurring event to have proper over site and security measures.

As someone who lives off La Pata, this street has become a Sunday raceway for cars specifically attending and leaving this event. There have been reports of issues on the freeway but we have them on La Pata as well.

You may ask how I know,… well it’s because my family and 5 of my young children were passed on the left and on the right side (Cars were passing also in the bike lane) while our vehicle was going up the hill on La Pata before Stallion Ridge by a group of 10 cars who were racing in their vehicles. Probably going over 10mph as we were traveling at 55 mph. We were heading to the outlets and saw the exact same car group pulling into the parking lot.

Not wanting to have a conflict in front of my children I avoided saying anything to this car gang.

This isn’t the only observation we have witnessed of “bad or illegal behavior” tied to this event and I am only 1 person sending an email.

Living off La Pata, every Sunday we hear cars racing up and down this street. Police are too busy to traffic it even after complaints to the non emergency line. This events affects members of others who don’t reside in San Clemente and the events continues to bring bad behavior that will have tragic consequences if there is an accident.

Please send these cars to somewhere else like a raceway or fairgrounds to showcase their vehicles and drink a coffee.

We don’t need it in the tiny community of San Clemente and effecting the surrounding communities every single week.

Please reach out if you have any questions.

Holly DeJulia
Resident of San Juan Capistrano
61 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: January 20, 2026 Agenda Item: 8B.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e

CONTINUED PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN

CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs)
..body
Fiscal Impact:

Should the City Council resolve to determine that the Broadmoor San Clemente Community Association (“Broadmoor Association”) has not failed to enforce its covenants, conditions, and restrictions (“CC&Rs”), there would be no fiscal impact as the cost of future enforcement actions for such violations would be the responsibility of the Broadmoor Association and its affected property owners. However, assumption of the enforcement of the Broadmoor Association’s CC&Rs by the City Council would likely result in significant out-of-pocket expenses for legal services estimated at between $200,000 and $250,000. The CC&Rs also provide that the prevailing party, whether the City or the defendants, is entitled to their attorney’s fees, so the outof-pocket costs for legal services may be reimbursed if the City prevails. However, if the City does not prevail in litigation, the total cost for legal services could exceed $500,000, especially if appeals are filed in the matter. There may be other costs associated with City staff time, but those costs are dependent on the degree of staff assistance in addressing the CC&R violations and cannot be calculated at this time. The CC&Rs provide that the City would first seek recoupment of these costs from the Broadmoor Association itself, and if they fail to comply, then as a uniform assessment against all properties within the Broadmoor Association. The City Council’s option to assign enforcement rights to the neighboring property owners would not incur such costs, and are anticipated to be approximately $2,000 for legal services in connection with effectuating the assignment.

Summary:

The first public hearing on this matter was held at the November 19, 2024 City Council meeting.

At that time, the City Council continued this item to a future meeting to provide the Broadmoor Association and the Calle Felicidad homeowners (“Felicidad homeowners”) with time to mediate and resolve the issues concerning the trees exceeding the height limitations within the Broadmoor Association community. On January 14, 2025, the City Council directed staff to return this item for consideration at a City Council meeting in March, 2025. At the March 18, 2025 City Council meeting, the continued public hearing occurred, and resulted in the City Council determining that the Broadmoor Association had initiated enforcement of its CC&Rs, and continued the public hearing to September 16, 2025, to allow the Broadmoor Association's process to continue according to their specified timelines, and directed the Broadmoor Association to abate the height violations prima facie, not subject to a determination that a Felicidad homeowner's view is obstructed.
62 Meeting Date: January 20, 2026 Agenda Item: 8B.

CITY OF SAN CLEMENTE 2
This report provides a discussion of the events that have transpired since September 16, 2025, and options for City Council consideration in addressing this matter. For additional detail on this matter, Attachment 3 provides a copy of the agenda report presented on September 16, 2025, which includes the agenda report and its exhibits for the March 18, 2025 and the November 19, 2024 City Council meetings. Attachment 4 provides an excerpted copy of the minutes for the September 16, 2025 City Council meeting (minutes for the March 18, 2025 and November 19, 2024 City Council meeting are provided in Attachment 3).

Discussion:

At the September 16, 2025 City Council meeting, nine individuals spoke in support of the City enforcing the 17-foot height limit in the Broadmoor Association. Four individuals spoke in support of allowing Broadmoor to enforce its Covenant, Conditions, and Restrictions (CC&Rs.) City Council continued the public hearing to January 20, 2026, to allow the Broadmoor Association’s process to continue according to their specified timelines.

After the September 16, 2025 City Council meeting, staff received updates from the Broadmoor Association’s legal representatives on the progress of their enforcement actions to address the complaints submitted by the Felicidad homeowners. Additionally, staff received updates from the Felicidad homeowners about the status of the properties on Calle Delicada. City staff inspected the properties on December 15, 2025 to evaluate the progress of addressing the over-height trees. Attachment 2 provides an assessment of the current state of the properties, with images, as of December 15, 2025.

Based on the assessment provided in Attachment 2, six property owners have complied with the Broadmoor Association’s enforcement actions (203, 207, 305, 309, 311, and 319 Calle Delicada), and one property owner has partially complied (303 Calle Delicada). The Broadmoor Association has proceeded towards enforcement through their Informal Dispute Resolution (IDR) process on two others (301 and 313 Calle Delicada). The Felicidad homeowners have raised concerns about over-height trees at four other properties (201, 317, 325, and 327 Calle Delicada). However, of these four properties, as of October 2025, 201 and 325 Calle Delicada are the only properties where it appears a complaint has been submitted to the Broadmoor Association. Complaints were made regarding one tree at 319 Calle Delicada, but it has been determined that the over-height tree is at 317 Calle Delicada. The remaining property was the Broadmoor Association property along the east side of Calle Delicada, which was abated of over-height trees.

At this time, the Felicidad homeowners continue requesting City assistance in requiring enforcement of the CC&Rs and have expressed a desire for the City to assume the enforcement of them. These comments from the Felicidad homeowners are provided in Public Comments provided in Attachment 5. The City’s enforcement authority is identified within Article 12 of the Broadmoor Association’s CC&Rs, “Powers of the City of San Clemente”, which provides:

If the City Council of the City of San Clemente (“City”) reasonably determines at a public hearing held after not less than then (10) days prior written notice to the Association that the Association has failed to perform any of its duties under the Declaration, the City shall have the right, but not the obligation, to thereafter assume the performance of any such duty until such time as the Association 63 Meeting Date: January 20, 2026 Agenda Item: 8B.

CITY OF SAN CLEMENTE 3
demonstrates its ability to reassume such performance; provided, however, that the City shall not exercise any of the rights granted under this Article XII unless, after giving to the Association written notice of its determination that the Association has failed to perform its duties under the Declaration, the Association does not cure such failure within thirty (30) days from the date of receipt by the Association of said notice. In connection with any such performance by the City, it may exercise any of the rights and powers granted to the Association under this Declaration.

The reasonable costs (“Costs”) of any such performance by the City shall be borne by the Association provided however that in the event such Costs are not paid to the City by the Association within sixty 60 days after the City has furnished to the Association a statement therefor, the City shall have the right but not the duty, to levy and collect uniform assessment against each Lot within Broadmoor San Clemente to cover the Costs. Any such assessment shall be governed by the provisions of Articles IV and V of the Declaration.

If the City were to pursue enforcement action against Broadmoor, per the CC&R requirements, the City first would need to make a finding in a public meeting that Broadmoor Association failed to enforce its CC&Rs, then provide an opportunity for them to cure, and then could take enforcement action. If the City were to take enforcement action through these steps, it would need to make findings to the effect that Broadmoor’s enforcement thus far does not adequately meet the requirements of the CC&Rs.

Conclusion:

There is substantial evidence that the Broadmoor Association and homeowners on Calle Delicada are responsible for maintaining their landscaping at, or below, the height limits contained within the Broadmoor Association’s CC&Rs. Both the Broadmoor Association and the City have enforcement authority to ensure height limitations per Broadmoor Association’s CC&Rs are maintained in compliance. For the City to exercise its powers under the CC&Rs, the City Council would need to conduct the public hearing and determine that the Broadmoor Association has failed to enforce its CC&Rs and failed to cure such non-performance. Upon such determination, the City Council has multiple options, listed below, to consider.

While it has taken some time, progress has been made by the Broadmoor Association to address violations of its CC&Rs through its enforcement actions. At this point, six properties have removed the over-height trees, as well as the Broadmoor Association area, and one additional property has removed some over-height trees. Two properties are beginning the IDR process.

The Felicidad homeowners have raised concerns about over-height trees at four other properties, however, it appears only two of these complaints have been submitted to the Broadmoor Association.

At this point, staff believes that there is sufficient evidence that the Broadmoor Association is enforcing its CC&Rs and has obtained significant compliance. Moving forward, staff recommends that any remaining alleged violations, as well as any future issues of this nature, be addressed directly through the private enforcement mechanisms of the Broadmoor Association. Staff’s 64 Meeting Date: January 20, 2026 Agenda Item: 8B.

CITY OF SAN CLEMENTE 4
recommendation is based on the City’s past practice of not enforcing private CC&Rs and of the significant expense anticipated to address landscaping blocking private views.

Additionally, as the entity responsible for administering and enforcing the applicable CC&Rs, the Broadmoor Association is best positioned to receive and evaluate complaints submitted by Felicidad homeowners and to pursue resolution with the Calle Delicada homeowners, either through informal means or through the Association’s established enforcement processes, including the imposition of fines and the use of the Informal Dispute Resolution procedures.

Council Options:

After conducting the public hearing,
 The City Council could determine that the Broadmoor Association has not failed to enforce its CC&Rs and is taking effective enforcement action to address violations of its CC&Rs, having cured multiple violations to date, and resolve to close the public hearing on this matter with no further action to be taken on the City’s part at this time; or  The City Council could determine that the Broadmoor Association is only continuing to make certain progress in enforcing its CC&Rs, and continue the public hearing to a date certain, on the condition and to allow the Association’s process to continue according to their timelines; or  The City Council could decide to not intervene in this matter further, whether or not it declares the Broadmoor Association has failed to enforce its CC&Rs and failed to cure; or  The City Council could determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and that the City could either 1) assign its enforcement authority to another party, such as homeowners on Calle Felicidad, or 2) assume the performance of such duties under the CC&Rs, and direct staff to return to a future City Council meeting with a resolution declaring either option if the Broadmoor Association does not cure the violations in the interim.

Environmental Review/Analysis:

Environmental review was conducted during the original discretionary review of the tract map applications. No changes to the original approvals are proposed, only the maintenance of those approvals, so this action does not constitute a project under the California Environmental Quality Act (CEQA). In the alternative, the City Council could find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15321 (Class 21: Enforcement Actions).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council open the public hearing, receive public testimony and comment, close the public hearing on this matter, and adopt Resolution No. 26-02 to find and determine that the Broadmoor Association is not failing to enforce their CC&Rs. ..end
Attachments:

1. Proposed Resolution No. 26-02
65 Meeting Date: January 20, 2026 Agenda Item: 8B.

CITY OF SAN CLEMENTE 5

2. Summary of Property Status of Calle Delicada Trees, as of December 15, 2025

3. Agenda Report and Exhibits, dated September 16, 2025

4. Minutes of the September 16, 2025 City Council Meeting, Excerpted

5. Public Comments
Notification:

Broadmoor San Clemente Community Association.
66 Attachment 1
RESOLUTION NO. 26-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DETERMINING THAT THE

BROADMOOR SAN CLEMENTE COMMUNITY

ASSOCIATION HAS NOT FAILED TO PERFORM ITS
ENFORCEMENT DUTIES UNDER THE ASSOCIATION’S

COVENANTS, CONDITIONS, AND RESTRICTIONS,
SECTION 3 OF THE SUPPLEMENTAL COVENANTS,

CONDITIONS, AND RESTRICTIONS, RELATED TO HEIGHT

LIMITS SPECIFIED FOR TREES AND BUSHES

APPLICABLE TO PRIVATE PROPERTIES LOCATED
BETWEEN 201 AND 327 CALLE DELICADA, SAN
CLEMENTE, CA 92672, AS OF JANUARY 20, 2026
WHEREAS, Broadmoor San Clemente Community Association consists of multiple tracts developed around 1976; and
WHEREAS, during the public hearings related to the Broadmoor San Clemente Community Association development’s tract map approvals, adjacent existing homeowners above the development expressed concern about the potential loss or obstruction of their ocean views; and
WHEREAS, these adjacent property owners, including those on Calle Felicidad (part of a development that was approved in 1966), requested that measures be put in place to protect their views if they were to support the development below their homes; and
WHEREAS, the City’s municipal code does not protect private views; however, views can be considered during reviews of discretionary permits such as tract maps; and WHEREAS, Tract 8963 was approved with a condition requiring height limitations be incorporated into the final development’s covenants, conditions, and restrictions (“CC&Rs”), which, as recorded in 1974 along with a Supplemental Declaration in 1976 (“Supplemental CC&Rs”), do limit the height of development and landscaping; and WHEREAS, multiple lots in Tract 8963 have trees that have not been, or currently alleged to not be, compliant with the height restrictions in Broadmoor CC&Rs; and WHEREAS, the City issued a demand letter to the Broadmoor Association on June 26, 2024 identifying the non-compliance with the Broadmoor San Clemente Community Association’s CC&Rs and demanding the abatement of these violations through performance of its duties as indicated within its CC&Rs, which provided the Broadmoor San Clemente Community Association with at least thirty (30) days’ notice to cure its failure to enforce its CC&Rs; and
WHEREAS, the City’s enforcement ability is identified within Article 12 of the CC&Rs, 67 Resolution No. 26-02 Page 2
“Powers of the City of San Clemente,” which requires that the City Council conduct a public hearing to determine whether the Broadmoor San Clemente Community Association has failed to enforce any provisions of its CC&Rs, prior to the assumption of any such enforcement duties, and to provide at least ten (10) days’ prior written notice of such hearing; and
WHEREAS, on November 8, 2024, the City duly gave notice to the Broadmoor San Clemente Community Association of such a hearing; and
WHEREAS, on November 19, 2024, the City Council held a public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs and heard and considered the staff report and all written and verbal comments from the public received before or presented at such public hearing; and WHEREAS, at the November 19, 2024 City Council meeting, the City Council continued the hearing to a future meeting to allow the Broadmoor San Clemente Community Association and the Calle Felicidad homeowners time to mediate and resolve the issues concerning the trees exceeding the height limitations within the Broadmoor Association community; and
WHEREAS, on January 14, 2025, the City Council directed staff to return this continued public hearing item for consideration at a City Council meeting in March, 2025; and
WHEREAS, on March 18, 2025, the City Council held the continued public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs, and determined that the Broadmoor Association had initiated enforcement of its CC&Rs, and continued the public hearing to September 16, 2025, to allow the Broadmoor Association's process to continue according to their specified timelines, and directed the Broadmoor Association to abate the height violations prima facie, not subject to a determination that a Felicidad homeowner's view is obstructed; and WHEREAS, on September 16, 2025, the City Council held the continued public hearing and continued the public hearing to January 20, 2026; and WHEREAS, on January 20, 2026, the City Council held the continued public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs and heard and considered the staff report and all written and verbal comments from the public received before or presented at such hearing.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitations are true and correct and incorporated fully herein.

SECTION 2. That the City Council finds and determines that the Broadmoor San Clemente Community Association has not failed in its enforcement duties under the 68 Resolution No. 26-02 Page 3
Association’s CC&Rs with respect to height limits for trees and bushes applicable to private properties located between 201 and 327 Calle Delicada, San Clemente, CA 92672 (specifically, Section 3 of the Supplemental CC&Rs).

SECTION 3. That, until such time as the City Council determines that the Broadmoor San Clemente Community Association has failed to enforce its CC&Rs, any remaining alleged violations, as well as any future issues of this nature, are to be addressed directly through the private enforcement mechanisms of the Broadmoor San Clemente Community Association.

SECTION 4. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of San Rick Loeffler, Mayor of the Clemente, California City of San Clemente, California
69 Resolution No. 26-02 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-02 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
70 Attachment 2
City Staff Assessment of Property Status of Tree Height Violations of Broadmoor’s CC&Rs
201 Delicada
The City has received information that over-height trees exist on this property. A complaint was submitted to the HOA in September, 2025. The current status of this property is shown in the image, below, which appears to show that violations remain.
[Continued on Next Page]
71 203 Delicada
A total of 5 trees were removed in September, 2025. The prior and current statuses of this property are shown in the images, below.

August 2025 (Prior)
December 2025 (Current)
72 205 Delicada
This property has not received any complaints of over-height trees. The current status of this property is shown in the image, below.
[Continued on Next Page]
73 207 Delicada
1 tree was removed in October, 2025. The prior and current statuses of this property are shown in the images, below.

August 2025 (Prior)
December 2025 (Current)
74 209 Delicada
This property has not received any complaints of over-height trees. The current status of this property is shown in the image, below.
[Continued on Next Page]
75 301 Delicada
Initially, complaints of 3 over-height trees were submitted about this property. At least 1 over-height tree is currently located on this property. The homeowners at 301 Calle Delicada did trim 1 over-height tree by removing the entire top of the tree. The prior and current statuses of this property are shown in the images, below.

August 2025 (Prior)
December 2025 (Current)
76 303 Delicada
A total of 3 trees were removed in September, 2025. A number of over-height trees remain on the property. The prior and current statuses of this property are shown in the images, below.

November 2024 (Prior)
December 2025 (Current)
77 305 Delicada
The homeowners at 305 Calle Delicada ended up removing at least 4 trees: 1 in the front and 3 in the rear. The prior and current statuses of this property are shown in the images, below.

April 2022 (Prior)
December 2025 (Current)
78 307 Delicada
This property has not received any complaints of over-height trees. The current status of this property is shown in the image, below.
309 Delicada
The homeowners at 309 Calle Delicada removed one tree in September, 2025.

The current status of this property is shown in the image, below. 79 311 Delicada
1 over-height tree was removed from 311 Calle Delicada. The prior and current statuses of this property are shown in the images, below.

August 2025 (Prior)
December 2025 (Current)
80 313 Delicada
A number of over-height trees remain on the property. The current status of this property is shown in the image, below.
315 Delicada
This property has not received any complaints of over-height trees. The current status of this property is shown in the image, below.
81 317 Delicada
The City has received information that 1 over-height tree is located on this property, however the HOA has not received any complaints of over-height trees.

The current status of this property is shown in the image, below. 319 Delicada
The homeowners at 319 Calle Delicada removed 2 trees in October, 2025. The current status of this property is shown in the image, below. 82 321 Delicada
This property has not received any complaints of over-height trees. The current status of this property is shown in the image, below.
323 Delicada
This property has not received any complaints of over-height trees. The current status of this property is shown in the image, below.
83 325 Delicada
There are 7 over-height trees at 325 Calle Delicada. The current status of this property is shown in the image, below.
327 Delicada There is 1 over-height tree at 327 Calle Delicada. As of October 2025, the HOA had not received any complaints regarding these over-height trees. The current status of this property is shown in the image, below. 84 Delicada Grass Area (Broadmoor Association’s Responsibility) This area was deemed in compliance with the HOA trimming the over-height trees. The current status of this area is shown in the image, below. 85 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 16, 2025 Agenda Item: 8D.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e

CONTINUED PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN

CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs)
..body
Fiscal Impact:

Assumption of the enforcement of the Broadmoor San Clemente Community Association’s (“Broadmoor Association”) covenants, conditions, and restrictions (“CC&Rs”) by the City Council would likely result in significant out-of-pocket expenses for legal services estimated at between $200,000 and $250,000. The CC&Rs also provide that the prevailing party, whether the City or the defendants, is entitled to their attorney’s fees, so the out-of-pocket costs for legal services may be reimbursed if the City prevails. However, if the City does not prevail in litigation, the total cost for legal services could exceed $500,000, especially if appeals are filed in the matter. There may be other costs associated with City staff time, but those costs are dependent on the degree of staff assistance in addressing the CC&R violations and cannot be calculated at this time. The CC&Rs provide that the City would first seek recoupment of these costs from the Broadmoor Association itself, and if they fail to comply, then as a uniform assessment against all properties within the Broadmoor Association. The City Council’s option to assign enforcement rights to the neighboring property owners would not incur such costs, and are anticipated to be approximately $2,000 for legal services in connection with effectuating the assignment.

Summary:

The first public hearing on this matter was held at the November 19, 2024 City Council meeting.

At that time, the City Council continued this item to a future meeting to provide the Broadmoor Association and the Calle Felicidad homeowners (“Felicidad homeowners”) with time to mediate and resolve the issues concerning the trees exceeding the height limitations within the Broadmoor Association community. On January 14, 2025, the City Council directed staff to return this item for consideration at a City Council meeting in March, 2025. At the March 18, 2025 City Council meeting, the continued public hearing occurred, and resulted in the City Council determining that the Broadmoor Association had initiated enforcement of its CC&Rs, and continued the public hearing to September 16, 2025, to allow the Broadmoor Association's process to continue according to their specified timelines, and directed the Broadmoor Association to abate the height violations prima facie, not subject to a determination that a Felicidad homeowner's view is obstructed.

This report provides a discussion of the events that have transpired since March 18, 2025, and options for City Council consideration in addressing this matter. For additional detail on this matter, Attachment 2 provides a copy of the agenda report presented on March 18, 2025, which 1 Attachment 3
86 Meeting Date: September 16, 2025 Agenda Item: 8D.

CITY OF SAN CLEMENTE
includes the agenda report and its exhibits for the November 19, 2024 City Council meeting.

Attachments 3 provides an excerpted copy of the minutes for the March 18, 2025 City Council meeting (minutes for the November 19, 2024 City Council meeting are provided in Attachment 2).

Discussion:

After the March 18, 2025 City Council meeting, staff received updates from the Broadmoor Association’s legal representatives on the progress of their enforcement actions to address the complaints submitted by the Felicidad residents. The Broadmoor Association’s Board of Directors contacted each affected Calle Felicidad owner directly and invited them to send a complaint to the Association’s management company if they believed that a homeowner on Calle Delicada had a tree in violation of the height limit. The Broadmoor Association’s management company then investigated each complaint. If the management company confirmed a tree is over-height, they would send a demand letter to the homeowner to cure the violation.

According to the Broadmoor Association’s legal counsel, the Association has received eleven complaints about over-grown trees on 9 properties, including a Broadmoor Association common area. The following list includes those properties which the Broadmoor Association received a complaint about, and the status of that complaint as described by the Broadmoor Association’s legal counsel.
203 Delicada
An initial letter was sent to the property owners in May, 2025, and a fine was levied after a July, 2025 Association Board meeting. At its August meeting, the Broadmoor Association decided to begin the Informal Dispute Resolution (“IDR”) process as to this property, which is the next step towards legal enforcement. The current status of this property is shown in the image, below. 207 Delicada
This property was deemed in compliance due to the lack of overgrown trees. The current status of this property is shown in the image, below.
872
Meeting Date: September 16, 2025 Agenda Item: 8D.

CITY OF SAN CLEMENTE
301 Delicada
An initial letter was sent to the property owner in May, 2025, and a fine was levied after an August, 2025 Association Board meeting. The property owner also was present at the August, 2025 Association Board meeting and he believed one overgrown tree remained. The Broadmoor Association’s hearing was continued to September, 2025 in one last attempt to gain voluntary compliance. If the tree remains after that date, the Broadmoor Association’s legal counsel has indicated that it will initiate the IDR procedure. The current status of this property is shown in the image, below.
303 Delicada
An initial letter was sent to the property owner in May, 2025 and a fine was levied after an August 2025 Board meeting. The property owner stated they had removed one tree and would attempt to 883
Meeting Date: September 16, 2025 Agenda Item: 8D.

CITY OF SAN CLEMENTE
trim two remaining trees if it is possible to trim them down to seventeen feet or less. If trimming is not successful, they will remove the trees. The Broadmoor Association’s hearing was continued to September, 2025 in one last attempt to gain voluntary compliance. The prior and current statuses of this property are shown in the images, below.

November 2024 (Prior)
September 2025 (After)
305 Delicada
894
Meeting Date: September 16, 2025 Agenda Item: 8D.

CITY OF SAN CLEMENTE
The homeowners at 305 Calle Delicada ended up removing at least four trees: one in the front and three in the rear. The prior and current statuses of this property are shown in the images, below.

April 2022 (Prior)
June 2025 (After)
309 Delicada
905
Meeting Date: September 16, 2025 Agenda Item: 8D.

CITY OF SAN CLEMENTE
This property was deemed in compliance with the property owner trimming their trees. The current status of this property is shown in the image, below. 311 Delicada
One over-height tree was removed from 311 Calle Delicada. The prior and current statuses of this property are shown in the images, below.

April 2022 (Prior)
May 2025 (After)
916
Meeting Date: September 16, 2025 Agenda Item: 8D.

CITY OF SAN CLEMENTE
313 Delicada
The homeowners at 313 Calle Delicada had a hearing set in June; however, due to lack of a quorum with the Broadmoor HOA Board of Directors, the meeting was reset to the end of July and then once again continued to August. At the August meeting, the Board requested their attorneys begin the IDR process as to this property. The current status of this property is shown in the image, below.

Delicada Grass Area (Broadmoor Association’s Responsibility) 927
Meeting Date: September 16, 2025 Agenda Item: 8D.

CITY OF SAN CLEMENTE
This area was deemed in compliance with the HOA trimming the overgrown trees. The current status of this area is shown in the image, below.

As of the date of this report, four property owners have complied with the Broadmoor Association’s enforcement actions, with two more pending following fines being issued recently (301 and 303 Delicada), and the Broadmoor Association is proceeding towards enforcement through their IDR process on two others (203 and 313 Delicada). The remaining property was the Broadmoor Association property, which was abated of over height trees. At this time, the Felicidad homeowners continue requesting City assistance in requiring enforcement of the CC&Rs.

The City’s enforcement authority is identified within Article 12 of the Broadmoor Association’s CC&Rs, “Powers of the City of San Clemente”, which provides:

If the City Council of the City of San Clemente (“City”) reasonably determines at a public hearing held after not less than then (10) days prior written notice to the Association that the Association has failed to perform any of its duties under the Declaration, the City shall have the right, but not the obligation, to thereafter assume the performance of any such duty until such time as the Association demonstrates its ability to reassume such performance; provided, however, that the City shall not exercise any of the rights granted under this Article XII unless, after giving to the Association written notice of its determination that the Association has failed to perform its duties under the Declaration, the Association does not cure such failure within thirty (30) days from the date of receipt by the Association of said notice. In connection with any such performance by the City, it may exercise any of the rights and powers granted to the Association under this Declaration. 938
Meeting Date: September 16, 2025 Agenda Item: 8D.

CITY OF SAN CLEMENTE
The reasonable costs (“Costs”) of any such performance by the City shall be borne by the Association provided however that in the event such Costs are not paid to the City by the Association within sixty 60 days after the City has furnished to the Association a statement therefor, the City shall have the right but not the duty, to levy and collect uniform assessment against each Lot within Broadmoor San Clemente to cover the Costs. Any such assessment shall be governed by the provisions of Articles IV and V of the Declaration.

If the City were to pursue enforcement action against Broadmoor, per the CC&R requirements, the City first would need to make a finding in a public meeting that Broadmoor Association failed to enforce its CC&Rs, then provide an opportunity for them to cure, and then could take enforcement action. If the City were to take enforcement action through these steps, it would need to make findings to the effect that Broadmoor’s enforcement thus far does not adequately meet the requirements of the CC&Rs. Anticipated costs for such enforcement are discussed in the Summary Section of Attachment 1. However, in staff’s opinion, the Broadmoor Association’s actions thus far show at least some enforcement of their CC&Rs.

Conclusion
There is substantial evidence that the Broadmoor Association and homeowners on Calle Delicada are responsible for maintaining their landscaping at, or below, the height limits contained within the Broadmoor Association’s CC&Rs. Both the Broadmoor Association and the City have enforcement authority to ensure height limitations per Broadmoor Association’s CC&Rs are maintained in compliance. For the City to exercise its powers under the CC&Rs, the City Council would need to conduct the public hearing and determine that the Broadmoor Association has failed to enforce its CC&Rs and failed to cure such non-performance. Upon such determination, the City Council has multiple options, listed below, to consider.

While it has taken some time, there does appear to be some progress being made. At this point, five properties have removed the overgrown trees, including the Broadmoor Association area, with two more properties which may be abated soon. The remaining two properties (203 Delicada and 313 Delicada) are beginning the IDR process. While the City already granted a six-month continuance in the hopes of spurring voluntary compliance, the Broadmoor Association is requesting another three to four months to get the rest of the properties overgrown trees addressed. Staff’s recommendation is based on the City’s past practice of not enforcing private CC&Rs and of the significant expense anticipated to address landscaping blocking private views.

Council Options:

After conducting the public hearing,
 The City Council could determine that the Broadmoor Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and adopt the proposed Resolution (Attachment 1) to assume and assign its enforcement authority to another party, such as homeowners on Calle Felicidad, effectively allowing that party or parties to act on behalf of the City to enforce the CC&Rs; or
949
Meeting Date: September 16, 2025 Agenda Item: 8D.

CITY OF SAN CLEMENTE
 The City Council could determine that the Broadmoor Community Association is making progress in enforcing its CC&Rs, and continue the public hearing to a date certain, such as January 20, 2026, on the condition and to allow the Association’s process to continue according to the timelines stated in their emails to the Felicidad homeowners; or  The City Council could decide to not intervene in this matter further, whether or not it declares the Broadmoor Association has failed to enforce its CC&Rs and failed to cure; or  The City Council could determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and that the City should assume the performance of such duties under the CC&Rs, and request staff to return to a future City Council meeting with a resolution declaring such if the Broadmoor Association does not cure the violations in the interim.

Environmental Review/Analysis:

Environmental review was conducted during the original discretionary review of the tract map applications. No changes to the original approvals are proposed, only the maintenance of those approvals, so this action does not constitute a project under CEQA. In the alternative, the City Council could find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15321 (Class 21: Enforcement Actions).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council open the public hearing, receive public testimony and comment, close the public hearing and determine that the Broadmoor Association has continued enforcement of its CC&Rs, and continue the public hearing to January 20, 2026, to allow the Broadmoor Association’s process to continue according to their specified timelines. ..end
Attachments:

1. Proposed Resolution

2. Agenda Report and Exhibits, dated March 18, 2025

3. Minutes of the March 18, 2025 City Council Meeting, Excerpted

4. Public Comments
Notification:

Broadmoor San Clemente Community Association
10 A
B
C
D

APPENDIXES
95 Attachment 1
RESOLUTION NO. 25-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DETERMINING THAT THE

BROADMOOR SAN CLEMENTE COMMUNITY

ASSOCIATION HAS FAILED TO PERFORM ITS
ENFORCEMENT DUTIES UNDER THE ASSOCIATION’S

COVENANTS, CONDITIONS, AND RESTRICTIONS AND

FAILED TO CURE SUCH FAILURE, AND ASSUMING AND
ASSIGNING THE CITY’S ENFORCEMENT AUTHORITY OF

THE HEIGHT LIMITS FOR TREES ON PROPERTIES
LOCATED BETWEEN 201 AND 327 CALLE DELICADA, SAN
CLEMENTE, CA 92672 TO THE OWNERS OF PROPERTIES
LOCATED BETWEEN 201 AND 337 CALLE FELICIDAD, SAN
CLEMENTE, CA 92672
WHEREAS, Broadmoor San Clemente Community Association consists of multiple tracts developed around 1976; and
WHEREAS, during the public hearings related to the Broadmoor San Clemente Community Association development’s tract map approvals, adjacent existing homeowners above the development expressed concern about the potential loss or obstruction of their ocean views; and
WHEREAS, these adjacent property owners, including those on Calle Felicidad (part of a development that was approved in 1966), requested that measures be put in place to protect their views if they were to support the development below their homes; and
WHEREAS, the City’s municipal code does not protect private views; however, views can be considered during reviews of discretionary permits such as tract maps; and WHEREAS, Tract 8963 was approved with a condition requiring height limitations be incorporated into the final development’s covenants, conditions, and restrictions (“CC&Rs”), which, as recorded in 1974 along with a Supplemental Declaration in 1976 (“Supplemental CC&Rs”), do limit the height of development and landscaping; and WHEREAS, multiple lots in Tract 8963 have trees that are not compliant with the height restrictions in Broadmoor CC&R’s; and
WHEREAS, the City issued a demand letter to the Broadmoor Association on June 26, 2024 identifying the non-compliance with the Broadmoor San Clemente Community Association’s CC&Rs and demanding the abatement of these violations through performance of its duties as indicated within its CC&Rs, which provided the Broadmoor San Clemente Community Association with at least thirty (30) days’ notice to cure its failure to enforce its CC&Rs; and
11 APPENDIX A
96 Resolution No. 25-XXX Page 2
WHEREAS, the City’s enforcement ability is identified within Article 12 of the CC&Rs, “Powers of the City of San Clemente,” which requires that the City Council conduct a public hearing to determine whether the Broadmoor San Clemente Community Association has failed to enforce any provisions of its CC&Rs, prior to the assumption of any such enforcement duties, and to provide at least ten (10) days’ prior written notice of such hearing; and
WHEREAS, on November 8, 2024, the City duly gave notice to the Broadmoor San Clemente Community Association of such a hearing; and
WHEREAS, on November 19, 2024, the City Council held a public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs and heard and considered the staff report and all written and verbal comments from the public received before or presented at such hearing; and WHEREAS, at the November 19, 2024 City Council meeting, the City Council continued the hearing to a future meeting to allow the Broadmoor San Clemente Community Association and the Calle Felicidad homeowners time to mediate and resolve the issues concerning the trees exceeding the height limitations within the Broadmoor Association community; and
WHEREAS, on January 14, 2025, the City Council directed staff to return this continued public hearing item for consideration at a City Council meeting in March, 2025; and
WHEREAS, on March 18, 2025, the City Council held the continued public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs, and determined that the Broadmoor Association had initiated enforcement of its CC&Rs, and continued the public hearing to September 16, 2025, to allow the Broadmoor Association's process to continue according to their specified timelines, and directed the Broadmoor Association to abate the height violations prima facie, not subject to a determination that a Felicidad homeowner's view is obstructed; and WHEREAS, on September 16, 2025, the City Council held the continued public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs and heard and considered the staff report and all written and verbal comments from the public received before or presented at such hearing.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitations are true and correct and incorporated fully herein.

SECTION 2. That the City Council finds and determines that the Broadmoor San Clemente Community Association has failed in its enforcement duties under the Association’s CC&Rs with respect to height limits for trees and bushes and failed to cure such failure for more than thirty (30) days following receipt of notice of the same. 1297
Resolution No. 25-XXX Page 3
SECTION 3. That, pursuant to Article XII of the Broadmoor San Clemente Community Association’s CC&Rs, the City Council hereby assumes the performance of the duties that the Broadmoor San Clemente Community Association has failed to perform regarding enforcing the height limits specified for trees and bushes applicable to private properties located between 201 and 327 Calle Delicada, San Clemente, CA 92672 (specifically, Section 3 of the Supplemental CC&Rs) and assigns the same and all rights of the City under the Broadmoor San Clemente Community Association’s CC&Rs in connection therewith to the owners of properties located between 201 and 337 Calle Felicidad, San Clemente, CA 92672.

SECTION 4. That staff is authorized and directed to negotiate and execute such documents, in a form acceptable to the City Manager and the City Attorney, and take such actions as may be necessary and proper to effectuate the assignment set forth in Section 3.

SECTION 5. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 1398
Resolution No. 25-XXX Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-173 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_____________________________
Elizabeth A. Mitchell, City Attorney
9914

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: March 18, 2025 Agenda Item: 8A.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e

CONTINUED PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN

CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs)
..body
Fiscal Impact:

Should the City Council resolve to assume the enforcement of the Broadmoor San Clemente Community Association’s (“Broadmoor Association”) covenants, conditions, and restrictions (“CC&Rs”), City staff would anticipate significant out-of-pocket expenses for legal services estimated at between $200,000 and $250,000. The CC&Rs also provide that the prevailing party, whether the City or the defendants, is entitled to their attorney’s fees, so these out-of-pocket costs for legal services may be reimbursed if the City prevails. However, if the City does not prevail in litigation, the total cost for legal services could exceed $500,000, especially if appeals are filed in the matter. There may be other costs associated with City staff time, but those costs are dependent on the degree of staff assistance in addressing the CC&R violations and cannot be calculated at this time. The CC&Rs provide that the City would first seek recoupment of these costs from the HOA itself, and if they fail to comply, then as a uniform assessment against all properties within the HOA. Staff’s recommendation to assign enforcement rights to the neighboring property owners would not incur such costs, and are anticipated to be approximately $2,000 for legal services in connection with effectuating the assignment.

Summary:

The first public hearing on this matter was held at the November 19, 2024 City Council meeting.

At that time, the City Council continued this item to a future meeting to allow the Broadmoor Association and the Calle Felicidad homeowners (“Felicidad homeowners”) time to mediate and resolve the issues concerning the trees exceeding the height limitations within the Broadmoor Association community. On January 14, 2025, the City Council directed staff to return this item for consideration at a City Council meeting in March, 2025.

This report provides a discussion of the events that have transpired since November 19, 2024, and options for City Council consideration in addressing this matter. Attachment 2 provides a copy of the agenda report presented on November 19, 2024, which includes additional detail on the background of this issue. Attachment 3 provides an excerpted copy of the minutes for the November 19, 2024 City Council meeting.
1 Attachment 2
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

APPENDIX B
10015
Meeting Date: March 18, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE
Discussion:

After the November 19, 2024 City Council meeting, staff facilitated initial contact between the Broadmoor Association’s legal representatives and HOA managers, and the Felicidad homeowners.

On February 4 and 5, 2025, the Broadmoor Association’s legal representatives sent individual emails to the Felicidad homeowners specifying the process the Broadmoor Association had developed to address the issue and indicating how they could initiate this process. A copy of one of these emails is provided as Attachment 4.

On February 5, 2025, the Broadmoor Association’s legal representatives also sent a letter to the City Council concerning this process, including additional details not provided to the Felicidad homeowners, and their opinion that due to the process provided to address the Felicidad homeowners’ complaints that “the City Council cannot reasonably determine that the Association has failed to perform its duties under the Declaration [CC&Rs].” A copy of this letter is provided as Attachment 5.

According to the emails sent to the Felicidad homeowners and the letter sent to the City Council, the Broadmoor Association has established a procedure whereby the Felicidad homeowners may submit a complaint to the Association’s Community Manager about “a tree or other structure on a neighboring property along Calle Delicada [which] exceeds 17 feet in height and is directly impacting [their] view in a significant way.” Upon receipt of a complaint, “a representative from Compass Property Management and the Association will review [the] complaint” and if a violation of the CC&Rs is found, the Broadmoor Association will take “appropriate enforcement action with the property owner.” While the emails to Felicidad homeowners include a note that “this process may take between 60 to 180 days or more, depending on the circumstances,” the letter sent to the City Council includes a much more potentially arduous process.

The letter sent to the City Council from the Broadmoor Association’s legal representatives, dated February 5, 2025, expands on the process provided in the emails to the Felicidad homeowners.

That letter indicates that after the Broadmoor Association receives and confirms a complaint, and is unable to abate the violation through their administrative process, that the Broadmoor Association then would offer an Internal Dispute Resolution (IDR) meeting between the Association and the property owner. If that is unsuccessful at resolving the issue, then the Broadmoor Association would offer Alternative Dispute Resolution (ADR), a formal arbitration hearing. According the letter, if the ADR process is refused by the property owner, the Broadmoor Association may then proceed with litigation, which may take, “anywhere from 12 to 24 months or longer to complete.” The letter goes on to state, that “[the] City Council and Calle Felicidad owners are greatly mistaken if they believe the Association can just go and cut down a tree on private property in the next 30 days.”
In City staff’s review of this matter, there are a number of statements made by the Broadmoor Association’s legal representatives to the Felicidad homeowners and the City Council that are inaccurate, or create an unnecessarily burdensome process.

First, the Broadmoor Association states that they will investigate complaints that include (1) an allegation of a violation of the CC&Rs related to the height of the tree, and (2) an unreasonable 101162
Meeting Date: March 18, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE
impact to a Felicidad homeowner’s view. It was clear at the November 19, 2024 meeting that the City Council was concerned about the existence of violations of the CC&Rs that were required to be included pursuant to the Broadmoor development’s entitlements. Though the issue was raised due to the existence of view obstructions, the City Council’s discussion centered on a desire for the parties to resolve those CC&R violations. While the process provided by the Broadmoor Association is similar to the process to address complaints from its own HOA members, violations do not also require a specific, adverse impact (such as view obstructions) to be out of compliance with the CC&Rs; they simply provide for a height limit. It is an unnecessary addition to require that the violations at issue also include establishing a subjective determination of an adverse impact based on that violation of the CC&Rs.

Second, the Broadmoor Association’s legal representatives state that the Association cannot “go on to private property and trim or remove these trees.” However, Article VIII, Section 4 of the CC&Rs provides that: “[the] Association and its managers and agents and employees shall have the right, after reasonable notice and at reasonable hours, to enter upon any Lot for the purpose of performing its duties and exercising its powers as set forth in this Article VIII.” Article X, Section 4 similarly provides: “the Association [has] the right to enter upon the property upon or as to which said violation or breach exists and to summarily abate and remove, at the expense of the Owner thereof, any structure, thing or condition that may exist thereon contrary to the intent and meaning of the CC&Rs.”
Third, the Broadmoor CC&Rs do not contain any requirements stating that the HOA must exhaust internal remedies, such as IDR or ADR, prior to filing a lawsuit. In contrast, Article X, Section 4 specifically states that the HOA has the “right to prosecute a proceeding at law or equity against the person or persons who have violated or are attempting to violate” the CC&Rs (Attachment 2, Exhibit B). Furthermore, these internal mediation options are required only if a party triggers it. If the violating homeowner does not request an internal dispute procedure, the Broadmoor Association is not required to participate in one. In addition, if the Broadmoor Association did file a lawsuit, they would seek an injunction ordering the homeowners to comply with the CC&Rs – assuming the Broadmoor Association does not enter the premises and abate the violation themselves. The requirements for ADR do not apply to cases seeking an injunction, so that process would not be applicable in that case.

Today, at least 9 of the 19 lots on Calle Delicada have trees that remain non-compliant with the height restrictions in the CC&Rs. At this time, the Felicidad homeowners continue requesting City assistance in requiring enforcement of the CC&Rs.

The City’s enforcement authority is identified within Article 12 of the Broadmoor Association’s CC&Rs, “Powers of the City of San Clemente”, which provides:

If the City Council of the City of San Clemente (“City”) reasonably determines at a public hearing held after not less than then (10) days prior written notice to the Association that the Association has failed to perform any of its duties under the Declaration, the City shall have the right, but not the obligation, to thereafter assume the performance of any such duty until such time as the Association demonstrates 102173
Meeting Date: March 18, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE
its ability to reassume such performance; provided, however, that the City shall not exercise any of the rights granted under this Article XII unless, after giving to the Association written notice of its determination that the Association has failed to perform its duties under the Declaration, the Association does not cure such failure within thirty (30) days from the date of receipt by the Association of said notice. In connection with any such performance by the City, it may exercise any of the rights and powers granted to the Association under this Declaration.

The reasonable costs (“Costs”) of any such performance by the City shall be borne by the Association provided however that in the event such Costs are not paid to the City by the Association within sixty 60 days after the City has furnished to the Association a statement therefor, the City shall have the right but not the duty, to levy and collect uniform assessment against each Lot within Broadmoor San Clemente to cover the Costs. Any such assessment shall be governed by the provisions of Articles IV and V of the Declaration.

On March 6, 2025, the City sent via certified and regular mail, and email, a notice of this continued hearing to the Broadmoor San Clemente Community Association, and to its legal representatives via email, pursuant to Article 12 (Attachment 6).

Conclusion
There is substantial evidence that the Broadmoor Association and homeowners on Calle Delicada are responsible for maintaining their landscaping at, or below, the height limits contained within the Broadmoor Association’s CC&Rs. Both the Broadmoor Association and the City have enforcement authority to ensure height limitations per Broadmoor Association’s CC&Rs are maintained in compliance. For the City to exercise its powers under the CC&Rs, the City Council would need to conduct the public hearing and determine that the Broadmoor Association has failed to enforce its CC&Rs and failed to cure such non-performance. Upon such determination, the City Council has multiple options, listed below, to consider. Staff’s recommendation is based on the City’s past practice of not enforcing private CC&Rs and of the significant expense anticipated to address landscaping blocking private views.

Council Options:

After conducting the public hearing,
 The City Council could determine that the Broadmoor Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and adopt the proposed Resolution 24-173 (Attachment 1) to assume and assign its enforcement authority to another party, such as homeowners on Calle Felicidad, effectively allowing that party or parties to act on behalf of the City to enforce the CC&Rs; or
 The City Council could determine that the Broadmoor Community Association is in the process of initiating enforcement of its CC&Rs, and continue the public hearing to a date certain, such as September 16, 2025, on the condition and to allow the Association’s process to continue according to the timelines stated in their emails to the Felicidad homeowners. As 103184
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part of this option, staff recommends that the City Council provide direction to the Broadmoor Association that violations are expected to be abated prima facie (on their face), not on the basis that they also require the subjective determination that one’s view is also being obstructed, and that enforcement is to occur in as expedited a manner as the law permits; or  The City Council could decide to not intervene in this matter further, whether or not it declares the Broadmoor Association has failed to enforce its CC&Rs and failed to cure; or  The City Council could determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and that the City should assume the performance of such duties under the CC&Rs, and request staff to return to a future City Council meeting with a resolution declaring such if the Broadmoor Association does not cure the violations in the interim.

Environmental Review/Analysis:

Environmental review was conducted during the original discretionary review of the tract map applications. No changes to the original approvals are proposed, only the maintenance of those approvals, so this action does not constitute a project under CEQA. In the alternative, the City Council could find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15321 (Class 21: Enforcement Actions).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council open the public hearing, receive public testimony and comment, close the public hearing and determine that the Broadmoor Association has initiated enforcement of its CC&Rs, and continue the public hearing to September 16, 2025, to allow the Broadmoor Association’s process to continue according to their specified timelines, and direct the Broadmoor Association to abate violations prima facie, not subject to a determination that a Felicidad homeowner’s view is obstructed.
..end
Attachments:

1. Resolution 24-173

2. Agenda Report and Exhibits, dated November 19, 2024

3. Minutes of the November 19, 2024 City Council Meeting, Excerpted

4. Example of Email from Broadmoor Association’s Legal Representatives to Calle Felicidad Homeowners, dated February 4, 2025, Redacted

5. Letter from Broadmoor Association’s Legal Representatives to City Council, dated February 5, 2025

6. Notice of Public Hearing of March 18, 2025 to Broadmoor Association

7. Email from Broadmoor Association to Calle Felicidad Homeowners, dated March 11, 2025

8. Correspondence from Calle Felicidad Homeowners
Notification:

Broadmoor San Clemente Community Association
5 EXHIBITS
10419
Attachment 1
RESOLUTION NO. 24-173

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DETERMINING THAT THE

BROADMOOR SAN CLEMENTE COMMUNITY

ASSOCIATION HAS FAILED TO PERFORM ITS
ENFORCEMENT DUTIES UNDER THE ASSOCIATION’S

COVENANTS, CONDITIONS, AND RESTRICTIONS AND

FAILED TO CURE SUCH FAILURE, AND ASSUMING AND
ASSIGNING THE CITY’S ENFORCEMENT AUTHORITY OF

THE HEIGHT LIMITS FOR TREES ON PROPERTIES
LOCATED BETWEEN 201 AND 327 CALLE DELICADA, SAN
CLEMENTE, CA 92672 TO THE OWNERS OF PROPERTIES
LOCATED BETWEEN 201 AND 337 CALLE FELICIDAD, SAN
CLEMENTE, CA 92672
WHEREAS, Broadmoor San Clemente Community Association consists of multiple tracts developed around 1976; and
WHEREAS, during the public hearings related to the Broadmoor San Clemente Community Association development’s tract map approvals, adjacent existing homeowners above the development expressed concern about the potential loss or obstruction of their ocean views; and
WHEREAS, these adjacent property owners, including those on Calle Felicidad (part of a development that was approved in 1966), requested that measures be put in place to protect their views if they were to support the development below their homes; and
WHEREAS, the City’s municipal code does not protect private views; however, views can be considered during reviews of discretionary permits such as tract maps; and WHEREAS, Tract 8963 was approved with a condition requiring height limitations be incorporated into the final development’s covenants, conditions, and restrictions (CC&Rs), which, as recorded in 1974 along with a Supplemental Declaration in 1976 (“Supplemental CC&Rs”), do limit the height of development and landscaping; and WHEREAS, multiple lots in Tract 8963 have trees that are not compliant with the height restrictions in Broadmoor CC&R’s; and
WHEREAS, the City issued a demand letter to the Broadmoor Association on June 26, 2024 identifying the non-compliance with the Broadmoor San Clemente Community Association’s CC&Rs and demanding the abatement of these violations through performance of its duties as indicated within its CC&Rs, which provided the Broadmoor San Clemente Community Association with at least thirty (30) days’ notice to cure its failure to enforce its CC&Rs; and
WHEREAS, the City’s enforcement ability is identified within Article 12 of the CC&Rs, 6 EXHIBIT 1
10520
Resolution No. 24-173 Page 2
“Powers of the City of San Clemente,” which requires that the City Council conduct a public hearing to determine whether the Broadmoor San Clemente Community Association has failed to enforce any provisions of its CC&Rs, prior to the assumption of any such enforcement duties, and to provide at least ten (10) days’ prior written notice of such hearing; and
WHEREAS, on November 8, 2024, the City duly gave notice to the Broadmoor San Clemente Community Association of such a hearing; and
WHEREAS, on November 19, 2024, the City Council held a public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs and heard and considered the staff report and all written and verbal comments from the public received before or presented at such hearing.

WHEREAS, at the November 19, 2024 City Council meeting, the City Council continued the hearing to a future meeting to allow the Broadmoor San Clemente Community Association and the Calle Felicidad homeowners time to mediate and resolve the issues concerning the trees exceeding the height limitations within the Broadmoor Association community.

WHEREAS, on January 14, 2025, the City Council directed staff to return this continued public hearing item for consideration at a City Council meeting in March, 2025.

WHEREAS, on March 18, 2025, the City Council held the continued public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs and heard and considered the staff report and all written and verbal comments from the public received before or presented at such hearing.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

Section 1. That the above recitations are true and correct and incorporated herein.

Section 2. That the City Council finds and determines that the Broadmoor San Clemente Community Association has failed in its enforcement duties under the Association’s CC&Rs with respect to height limits for trees and bushes and failed to cure such failure for more than thirty (30) days following receipt of notice of the same.

Section 3. That, pursuant to Article XII of the Broadmoor San Clemente Community Association’s CC&Rs, the City Council hereby assumes the performance of the duties that the Broadmoor San Clemente Community Association has failed to perform regarding enforcing the height limits specified for trees and bushes applicable to private properties located between 201 and 327 Calle Delicada, San Clemente, CA 92672 (specifically, Section 3 of the Supplemental CC&Rs) and assigns the same and all rights of the City under the Broadmoor San Clemente Community Association’s CC&Rs in connection therewith to the owners of properties located between 201 and 337 Calle Felicidad, San Clemente, CA 92672.

Section 4. That staff is authorized and directed to negotiate and execute such 106217
Resolution No. 24-173 Page 3
documents, in a form acceptable to the City Manager and the City Attorney, and take such actions as may be necessary and proper to effectuate the assignment set forth in Section 3.

Section 5. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
107228
Resolution No. 24-173 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-173 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
______________________________
Elizabeth A. Mitchell, City Attorney
108239
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: November 19, 2024 Agenda Item: 8F
Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e

PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN CLEMENTE

COMMUNITY ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs)
..body
Fiscal Impact:

Should the City Council resolve to assume the enforcement of the Broadmoor San Clemente Community Association’s covenants, conditions, and restrictions (“CC&Rs”), City staff would anticipate significant out-of-pocket expenses for legal services estimated at between $200,000 and $250,000. The CC&Rs also provide that the prevailing party, whether the City or the defendants, is entitled to their attorney’s fees, so these out-of-pocket costs for legal services may be reimbursed if the City prevails. However, if the City does not prevail in litigation, the total cost for legal services could exceed $500,000, especially if appeals are filed in the matter. There may be other costs associated with City staff time, but those costs are dependent on the degree of staff assistance in addressing the CC&R violations and cannot be calculated at this time. Staff’s recommendation to assign enforcement rights to the neighboring property owners would not incur such costs, and are anticipated to be approximately $2,000 for legal services in connection with effectuating the assignment.

Summary:

There are tree height limitations contained within the Broadmoor San Clemente Community Association’s (“Broadmoor Association”) CC&Rs that the Broadmoor Association has failed to enforce. These height limitations contained in the Broadmoor Association’s CC&Rs were required to be included pursuant to the City’s approval of the Broadmoor development, at the request of the property owners who lived adjacent to that development at the time that it was proposed, including owners of the lots on Calle Felicidad. Current property owners on Calle Felicidad, upslope from the Broadmoor Association, and not within it, have complained, and pursued civil litigation, to require the enforcement of the Broadmoor Association’s CC&Rs related to tree heights. At this time, the Calle Felicidad homeowners are requesting City assistance in requiring enforcement of the CC&Rs to preserve their private views.

Background:

The Broadmoor Association consists of multiple tracts developed around 1976 on the slope above San Clemente High School. During the public hearings related to these tract map approvals, neighboring homeowners above the Broadmoor development expressed concern about the potential loss or obstruction of their ocean views. Residents upslope, including those on Calle Felicidad (part of a development that was approved in 1966), requested that measures be put in place to protect their views if they were to support the development below their homes. The 1 Attachment 2
10 EXHIBIT 2
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City’s municipal code does not protect private views; however, views can be considered during reviews of discretionary permits, such as tract maps. Tract 8963 was approved without any explicit conditions related to views, but the final Broadmoor development’s CC&Rs do limit tree heights, among other development standards.

Negotiations During Tract Map Review:

Residents on Calle Felicidad, and other upslope property owners, invested in efforts to protect their views since the beginning of Broadmoor’s development. Development efforts for Tract 8963 stalled in 1973. Per the City Engineer at that time, the Environmental Impact Report revealed Calle Delicada was not wide enough to meet City standards. Calle Felicidad property owners, through meetings with the Developer of the Broadmoor tracts, were able to facilitate approval of the Broadmoor development by supporting two modifications to the development proposal (discussed in further detail in the following paragraph) enabling Tract 8963 to meet the City’s development standards. In exchange, language in the developer’s approval documents would provide upslope property owners, including Calle Felicidad, with view protection.

Per declarations submitted by four involved parties in those negotiations (Attachment 4), a meeting occurred in November of 1973 to discuss compromises that would create adequate building-pad sizes for the Calle Delicada lots and satisfy residents upslope. These upslope homeowners allowed Broadmoor’s developer to recontour and steepen their downhill slope to make room for the Broadmoor development. They also supported a variance request to have sidewalks on only one side of Calle Delicada.
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CITY OF SAN CLEMENTE
In exchange for supporting the Broadmoor developer in their efforts to construct Tract 8963, residents on Calle Felicidad requested that the Broadmoor CC&Rs include height restrictions in return. The Broadmoor developer agreed to add a height limit to houses, landscaping, and structures in the Broadmoor Association. The City’s approval of the development also required these CC&Rs with provisions for height restrictions as a condition of approval for Tract 8963. The supplemental declaration to the Broadmoor Association’s CC&Rs, recorded in 1976, states as follows:

Lots 1 through 19, inclusive, of Tract 8963… No building, structure, improvement or addition (excluding chimneys and roof vents) shall be constructed, erected, altered placed or permitted to remain on any portion of the property which exceeds one story in height with a maximum of 17 feet. No tree, bush, or shrub shall be placed or maintained upon (i) any Lot described in Exhibit “A”, attached hereto and incorporated herein by reference, which exceeds 17 feet in height or (ii) upon any other Lot in the Property which exceeds 20 feet in height.

Litigation and Interpretation:

There is an ongoing dispute between residents on Calle Felicidad and Calle Delicada regarding enforcement of the height restrictions outlined in the section above. In 2018, legal representatives for residents on Calle Felicidad requested that the City enforce height restrictions in the Broadmoor Association, citing the City’s right to enforcement under the CC&Rs (Attachment 5).

The City Attorney advised that the City lacked the resources to use this enforcement authority in any but the most egregious cases, and agreed to provide declarations or documents in a civil matter and facilitate entry into the right of way to abate the non-compliance (Attachment 6).

A resident on Calle Felicidad engaged in civil litigation the next year, 2019. However, in 2024, the court ruled in favor of the defendants, citing that, while the City and Broadmoor Association have the authority to enforce height restrictions in the Broadmoor Association, the plaintiff (Calle Felicidad homeowner) does not. See Attachment 9 for a copy of the court’s decision. During this time frame, the plaintiff’s legal representation further requested that the City exercise its enforcement authority (Attachment 7). City Council declined to do so on June 21, 2021, and the City Attorney sent a letter to the plaintiff’s attorney reiterating this position (Attachment 8).

Current Status of Issue:

Today, at least 9 of the 19 lots in Tract 8963 have trees that are not compliant with the height restrictions in the CC&Rs, as well as many other trees on other streets in the Broadmoor Association. Some examples of the non-compliant trees are presented in Attachment 11.

Residents of Calle Felicidad have asked the Broadmoor Association to enforce the height restrictions on these lots, and to-date have not been successful in those attempts. 11112263
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CITY OF SAN CLEMENTE
With the court’s ruling limiting their options, the Calle Felicidad homeowners have continued to request the City exercise its enforcement authority. The City sent a letter to the Broadmoor Association on June 26, 2024, demanding abatement of the over-height vegetation in their association within thirty (30) days and providing notice and an opportunity to cure its noncompliance and failure to perform its obligations under its CC&Rs (Attachment 10). The actions requested of the Broadmoor Association have not occurred and ample time has been provided to the Broadmoor Association to address this matter.

The City’s enforcement authority is identified within Article 12 of the CC&Rs, “Powers of the City of San Clemente”, which provides:

If the City Council of the City of San Clemente (“City”) reasonably determines at a public hearing held after not less than then (10) days prior written notice to the Association that the Association has failed to perform any of its duties under the Declaration, the City shall have the right, but not the obligation, to thereafter assume the performance of any such duty until such time as the Association demonstrates its ability to reassume such performance; provided, however, that the City shall not exercise any of the rights granted under this Article XII unless, after giving to the Association written notice of its determination that the Association has failed to perform its duties under the Declaration, the Association does not cure such failure within thirty (30) days from the date of receipt by the Association of said notice. In connection with any such performance by the City, it may exercise any of the rights and powers granted to the Association under this Declaration.

The reasonable costs (“Costs”) of any such performance by the City shall be borne by the Association provided however that in the event such Costs are not paid to the City by the Association within sixty 60 days after the City has furnished to the Association a statement therefor, the City shall have the right but not the duty, to levy and collect uniform assessment against each Lot within Broadmoor San Clemente to cover the Costs. Any such assessment shall be governed by the provisions of Articles IV and V of the Declaration.

On November 8, 2024, the City sent via certified and regular mail, and email, a notice of this hearing to the Broadmoor San Clemente Community Association pursuant to Article 12 (Attachment 12).

Conclusion
There is substantial evidence that the Broadmoor Association and homeowners on Calle Delicada are responsible for maintaining their landscaping at, or below, the height limits contained within the Broadmoor Association’s CC&Rs. Both the Broadmoor Association and the City have enforcement authority to ensure height limitations per Broadmoor CC&Rs are 11213274
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CITY OF SAN CLEMENTE
maintained in compliance. For the City to exercise its powers under the CC&Rs, the City Council would need to conduct the public hearing and determine that the Broadmoor Association has failed to enforce its CC&Rs and failed to cure such non-performance. Upon such determination, the City Council has multiple options, listed below, to consider. Staff’s recommendation is based on the City’s past practice of not enforcing private CC&Rs and of the significant expense anticipated to address landscaping blocking private views.

Council Options:

After conducting the public hearing,
 The City Council could determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and adopt the proposed resolution to assume and assign its enforcement authority to another party, such as homeowners on Calle Felicidad, effectively allowing that party or parties to act on behalf of the City to enforce the CC&Rs; or
 The City Council could decide to not intervene in this matter, whether or not it declares the Broadmoor Association has failed to enforce its CC&Rs and failed to cure; or  The City Council could determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and that the City is assuming the performance of such duties under the CC&Rs, and request staff to return to a future City Council meeting with a resolution declaring such if the Broadmoor Association does not cure the violations in the interim.

Environmental Review/Analysis:

Environmental review was conducted during the original discretionary review of the tract map applications. No changes to the original approvals are proposed, only the maintenance of those approvals, so this action does not constitute a project under CEQA. In the alternative, the City Council could find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15321 (Class 21: Enforcement Actions).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council open the public hearing, receive public testimony and comment, close the public hearing and determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure such non-performance and adopt Resolution No. 24-173, assuming and assigning its enforcement authority to the Calle Felicidad property owners.
..end
Attachments: EXHIBITS

1. Resolution 24-173

2. Broadmoor Community Association’s CC&Rs

3. Broadmoor Community Association’s Supplemental CC&Rs for Tract 8963 of Broadmoor

4. Declarations of Laurence Lizotte, Sally Sargent, Jay Rice, and Susan Rice

5. Letter from Michael Tidus, Esq. to City dated July 16, 2018

6. Letter from City Attorney to Michael Tidus, Esq. dated November 5, 2018 5 A
B
C
D
E
F
1132814
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CITY OF SAN CLEMENTE

7. Letter from Michael Tidus, Esq. to City dated May 17, 2021

8. Letter from City Attorney to Michael Tidus, Esq. dated June 30, 2021

9. Superior Court Statement of Decision (2/9/2024)

10.City Code Enforcement Demand Letter (6/26/2024)

11.Examples of Non-Compliant Trees

12.November 8, 2024 email and Notice of Public hearing to Broadmoor Community Association Notification:

Broadmoor San Clemente Community Association
6 G
H
I
J
K
L
1141529
Attachment 1
RESOLUTION NO. 24-173

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DETERMINING THAT THE

BROADMOOR SAN CLEMENTE COMMUNITY

ASSOCIATION HAS FAILED IN ITS ENFORCEMENT
DUTIES UNDER THE ASSOCIATION’S COVENANTS,

CONDITIONS, AND RESTRICTIONS AND FAILED TO CURE

SUCH FAILURE, AND ASSUMING AND ASSIGNING THE
CITY’S ENFORCEMENT AUTHORITY OF THE HEIGHT

LIMITS FOR TREES ON PROPERTIES LOCATED BETWEEN
201 AND 327 CALLE DELICADA, SAN CLEMENTE, CA 92672

TO THE OWNERS OF PROPERTIES LOCATED BETWEEN
201 AND 337 CALLE FELICIDAD, SAN CLEMENTE, CA
92672
WHEREAS, Broadmoor San Clemente Community Association consists of multiple tracts developed around 1976; and
WHEREAS, during the public hearings related to the Broadmoor San Clemente Community Association development’s tract map approvals, adjacent existing homeowners above the development expressed concern about the potential loss or obstruction of their ocean views; and
WHEREAS, these adjacent property owners, including those on Calle Felicidad (part of a development that was approved in 1966), requested that measures be put in place to protect their views if they were to support the development below their homes; and
WHEREAS, the City’s municipal code does not protect private views; however, views can be considered during reviews of discretionary permits such as tract maps; and WHEREAS, Tract 8963 was approved with a condition requiring height limitations be incorporated into the final development’s covenants, conditions, and restrictions (CC&Rs), which, as recorded in 1974 along with a Supplemental Declaration in 1976 (“Supplemental CC&Rs”), do limit the height of development and landscaping; and WHEREAS, multiple lots in Tract 8963 have trees that are not compliant with the height restrictions in Broadmoor CC&R’s; and
WHEREAS, the City issued a demand letter on June 26, 2024 identifying the noncompliance with the Broadmoor San Clemente Community Association’s CC&Rs and demanding the abatement of these violations through performance of its duties as indicated within its CC&Rs, which provided the Broadmoor San Clemente Community Association with at least thirty (30) days notice to cure its failure to enforce its CC&Rs; and WHEREAS, the City’s enforcement ability is identified within Article 12 of the CC&Rs, “Powers of the City of San Clemente,” which requires that the City Council conduct a public 7 EXHIBIT A
1153016
Resolution No. 24-173 Page 2
hearing to determine whether the Broadmoor San Clemente Community Association has failed to enforce any provisions of its CC&Rs, prior to the assumption of any such enforcement duties and to provide at least ten (10) days’ prior written notice of such hearing; and
WHEREAS, on November 8, 2024, the City duly gave notice to the Broadmoor San Clemente Community Association of such a hearing; and
WHEREAS, on November 19, 2024, the City Council held a public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs and heard and considered the staff report and all written and verbal comments from the public received before or presented at such hearing.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

Section 1. That the above recitations are true and correct and incorporated herein.

Section 2. That the City Council finds and determines that the Broadmoor San Clemente Community Association has failed in its enforcement duties under the Association’s CC&Rs with respect to height limits for trees and bushes and failed to cure such failure for more than thirty (days) following receipt of notice of the same.

Section 3. That, pursuant to Article XII of the Broadmoor San Clemente Community Association’s CC&Rs, the City Council hereby assumes the performance of the duties that the Broadmoor San Clemente Community Association has failed to perform regarding enforcing the height limits specified for trees and bushes applicable to private properties located between 201 and 327 Calle Delicada, San Clemente, CA 92672 (specifically, Section 3 of the Supplemental CC&Rs) and assigns the same and all rights of the City under the Broadmoor San Clemente Community Association’s CC&Rs in connection therewith to the owners of properties located between 201 and 337 Calle Felicidad, San Clemente, CA 92672.

Section 4. That staff is authorized and directed to negotiate and execute such documents, in a form acceptable to the City Attorney, and take such actions as may be necessary and proper to effectuate the assignment set forth in Section 3.

Section 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
11631178
Resolution No. 24-173 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-173 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
______________________________
Elizabeth A. Mitchell, City Attorney
11732189
XH224pC 587
7B3 Irr BY
-- RtcoDDNnFFlcmL8Ecouos
COhD Of DRAUGC couNry C/LJFOFINU\ Nd 1lESTED 13
AND 1iEU 3ECORDED MAIL TO PM AtJ 191974
CO -O iOmeI Inc W1IE CA8LYLE Csrnty Rgr 17003 Boulevard ustn California 92780
Attention Llr Larry Dizaotte
Apova space for Rocorciers use only

DDCLARATION OF
COVENANTS CONDITIONS AND RCSTRIcTIOJg
TEIS DECLARATIO17 made this day of 1974 by HHOADMOOR HOMES INC California corporatio 9ve1oper I1IEREAS Davoloocr is the owner of certain real prao arty located the City of San Clamete County of Orange State of California more Particularly descrihd as follows Lots 34 through 73 of Tract 8597 as shown on map recorded in Book 34 Pages through inclusiv of Miscellaneous Naps Records of Oiange County California the Property WHEVEAS Developer desires to create on the Property and such additions thereto as may be made pursuant to Article II hereof Additions residential comnunity with sloce area maintenance for the benefit of the coronuniLy and WHEREAS Developer has deemed it desirable to impose genersi plan for the imorovament and lava at at the IOL tv and Ajditions and to adopt and estani avenants ondithns and restrictions upon the Promrty and Additions Lo Iupoaa of enforcing and protecting the value desir nd attractiveness thereof and WHEREAS Developer has deemed it desirable for the efficient preservation of the value desirability end attrac tiveness of the Property and Additions to create corporation to which should be delegated and assigned the powers of main taming the slope areas of the Property and Additions and ad minietcziq and enforcing these covenants conditions and restrictions and
WHEREAS Broadmoor San Clemente Conunity Association nonprofit corporation has been incorporated under the laws of the State of California for the purpose of exercising the powers and functions as aforesaid and
WIEI1EAS Developer intends to convey all of the Property and Additions subject to certain protective covenants condi tionu and restrictions as heremnatter set GARR1 29
Ex 16-1
Attachment 2
10 EXHIBIT B
1933
BK i I 224PG 587
twrn:;••·
IULI :1 :.,
,,, ~o:-· r--:, f'Y
"' i,.
r,!CC( ,,m, D 11; O!TICl,\L m::cor/Ofl
RECORDING REQIJES'l:'ED (H?1\!lGE COUN fY, CALIFORNIA
BY
AND 's,1"iEl·l 7'.ECORDED MAIL •,ro:
1700J L~v~ne Boulevard
Tustin, California 92780
Attention: Hr. TJi.,rry R, ',L:zotte
2:X)VENAN'l'S, ~01:!Q!JJ:OIJS A.ND RI:STRICTIO~JS
2 P.M. AUG J!I 1974
i'lH.EREAS, DevcJ.or,e::-: ic, tlle owner of certain real prop- ,,rt.y :tocated in the Cit;, of -~;an Clemente, County of ;)r,,r:qc, St;-1t(1 of Cc::l iforn:La, more l:,'..trti:,ul.1rly desc1:i,bnd c:1s f,;Jllowr. i Lots 34 tLrough 7 3 of 'l'ract 8507 .lS shown
on a 7:1ap re';£rded in. Book _344 1 Pages .]_ t',rou9'1 U , incl us l ve, of Miscellaneous '.•:aps, Records of orange County, ca~i!orni.a (the "Property");
\.'HER:C~A.S, Developer desires to create on the Property ai:d ,;m,h adliitic:ts t:i,,r,-b;, a.,.; m.:iy be mad,~ pur:,uant to .!\rticle II hereof ("Additions:") a --e,1identi,1l 1 .. :omr:mniL:y W'it:h sL::•p,c .,re,-i m.:tintirnancc ':or the benefit •Of the cmrnn,mlLy; and Wifr:F.E:AS, Dc?v,:': !o;:e·:· h,1s ,·1c,,mcd Lt d(c:3ir.i!,te t,·, j 11p,,tw a general pLHl tor the ir.i~rovement and clc?,'l i,o•.,.,:·, ",t of the l',O:,::ct'.)' ,.md i\Jditions and to adopt and estall.i,i,,r, 0::uvenants, cnntiU:ion::; ;:.i1d testrictions upon the Property and .=cdditio:u: to1· '·'.·.-:, pucp:Js,'! of enforcing and protecting the value, de,;ira;.;;:.:1 i!:f 1c1d 0.tlractiveness thereof; and wmmEAS, Develor0 e,~ hJ.S deemed it desirable for t.he
c£ficlent ?reservation of ti1e value, desirability a11d attract i vena.ss of the i?ropeL·ty a:,d Afidi tions to crca tc ,. corporation to which should be delec:'l '~cd and assigned the powers -':;f mainta:ining tne Glope areas of the Property and Additions and adrninl;.;tcr:i ng and e.nforclng chese covenants, conditions and restrictions; and
\ 0
JHEREAS, Broadmoor San Clemente Conununity Association, 1 :,onprol'i t r,~ox-po rat: i.on, ila': .1 ,,·,en Lncorpo1;'i\ t,,,d under tile laws of lhC! State of Califm:ni:c, fo::- the purpoS,J of c..;xerctsi;ig t'in l,oweri..i .. 111d ;:unctions as aforesaid; and •
\1HEHF:A5, Oevelnp • ,- ' nt,rnds t:.o c:onv(;y all ,., f th, l.' rope ::ty and l1ddl. tionr; ,:,ubjec t l:o certain protective cove1nnts, condit:ho:1s and reutrictio;m a:,; hereinufter set forth; GARR129
Ex 16-1
118
224 588
NOW THREFCllE Developer hereby certifies agrees and
cociares that it has established and does hereby establish General Pt an Lot the protection maintenance improvement and development of the Property and Additions and line fixed and does hereby Lix the covenants conditions restrictions ease inents reservations tiens and charges upon and subject to which all of the Property and Additions and each portion there of shall be held used leased sold and conveyed and each and all of ihich is and are declared hereby to be for the benefit of all the Property and Additions and each portion thereof and each present and each future owner as hereinafter defined thereof and Developer These covenants conditions restric tions easements reservations liens and charges shall run itfl the Property and Additions and shall be binding upon all parties having or acquiring any right title or interest in the Property and Additions or any portion thereof and shall inure to the benefit of and bind each owner thereof and their respec tive successors in interact and are imposed upon the Property and Additions and each and every portion thereof as servitude in favor of the Property ad Additions and each and every por tion thereof as the dominant tenement or tenements all as follows to with
ARTIrLE

DEFINITIONS
Section_1 Articles and By-laws shall mean and refer
to the AiClOSOf Incorporation and By-Laws of the Association as the same may from time to time be amended
BAntion_2 AssociatiOn shall rfean and refer to Broadmoor San Ciemente Community Association nonprofit corporation incorporated under the Laws of the State of California its 5uc cessors and assignS
Siction3 Board shall mean and refer to the goard
Otractors of the Association
Section4 Broadmoor San Clemente shall mean and re
fer to the Original Property defined hereinafter Article II Section together with such additions thereto as may become subject to this Declaration or any supplementary declaration pursuant to the provisions of Article II hereof
Section cot shall mean and refer to any numbered
plot of ianTi6wn upon any recorded subdivision map of Broadmoor San Clemente or any portion thereof SectionG Member shall mean and refer to every
person or entity who holds membership in the Association as provided in Article III Section hereof
Section Owner shall mean and refer to one or more
persons or entities who re the record owner including Doweloper of the fee simple title to any Lot but shall not mean or refer to those having such interest merely as security for the performance of an obligation
GARR1 30
Ex 16-2
112034
tn_:w, Trn~:REFO:IB, 0-,veJopt,'r hereby cert:Jftes, ,·,qrees, and docl<1res that it has established, and does hereby establish, a General Plan for the prot:·,~tion, maintenance, impr:)Vc·,1:tent, and development of tho Pt·o~ert',' ::md Additions: and has fixed, and does hereby fix, the covenants, conditions, restl'.'ictions, ea.se- 'tr:,::mts, rBservations, 1L"ni:;, and charges upon and subject to whi.ch all ot the Propt~rty and Additions and each portion therenf shall be held, used, leased, sold and conveyed, and 2.n.Ch and uLl of which .i.s and ,1re d,cc.lared hereby tn be tor the berw£i t. ,>f all the Property and Addition:.; and each vortion therecof and each present ,ai-1d eac:1 faitu.1-e owner (as hereinafter defined) thereof ,:md Developer. Thesa covenants, conditions, restrictions, ei.JS•..:ments, reservations, liens and charge,; shall run with th\', Property and A,ldi tions and shall be binding upo11 all parties having or acquiring any right, title or in'l.erest in the P1.op1;::rty ;,nd Addit.:01,s ,.)r .. ,ny portion thc:·reof a1,,.1 c,haJ l i.nm:e to the boncfit of and bind each owner thereof and their respecti.ve successors in inter.es'.., omd axe impos(~d up,·,11 , l1e Pt !,p,:irt'/ and i\dd.i ti.,Jn;; ,;;llld ,.2a,:h ,nci ev·:ry portion therr.,of a:.c; a servitude in favor o:' the Property and Additions and each and every por~ ti.on therr,uf as tLu ,:on.Lna::t tenemr..:nt_ or tr..:neme11ts 1 a.Ll .,s f,jllowG, U.) wit:

AE'i'ICLE I
DEF rn r·r rm-1 s
8ect~ion l. "Articles , .. nd ay~L1v1s" shall mean and reter to the Articles of Incorporation and By-Laws of the Association as the sM\e may trGm ti;;ie to time be amended,
flAction 2. ''Association'' shall mean and refer to Broadro,J017 S,rn -Clenmn t:e community Association, a nonprofit corporation 1 incorporc1ted under the laws of the State of Californiet, its suc~- ce,,sors and :\s.signc1.
~~,~c\:ion 3, "i'Od.1·d Shdll mc.,in and n:cfer to th'-' Bcc1x,I c.:

O, ... ;:cct:oi:s of the A,;su,:L..cLi,,,1.

Se,; tion 4. '' Br":,,drnooi." San Cleme ntc" s ha ;.l ::,e.rn iilld refer. to the Original Prop~rty (defined hereinafter in Article II, Section 1) togethor with such additions thereto as may become subject to this Decl"rad:on or any supplementary declaration pursuant to the provisions of Article II hereof.

Section 5. ''Lot": shall mean and refor to any numbered plot of land shown upon any recorded subdivi.sion map 0f Broadmoor San Clemente or c1.ny p,Jrtion thereof.

Section G. "Mern.rJer" shall mean and refer to every
;)erJ;on orer1t.t ty\,ho holds membership in the Association as provided in Article UI 1 Section l, hereof,
S•.,ctlan 7. "Ow11ec" sh21.ll mean and refer to one or more persons c)l:--entitles who are. the record owner (inc lud.ing Deve.L- ,.1per) of th11: fee :c.in,ple titl1c to .1ny Lot, but shall n,it mean ot' refc;r to those htwin i such interest rm:rely as security for the perfcrmance <>f an obligation.

GARR130
Ex 16-2
119
.A.Rl ICLE II
IJECT TO Elf
AND_ADDITIONS THERETO
Section The real property which
shall held used leased sold and conveyed subject to this Dad ration is described as follows
Lots 34 through 73 of Tract 85D7 as shown
Ofl .i map recorded in BOOk through
ii inclusive of MiacpIlaneous Maps 1\ecords of
Orange County California
Said real property shall be sometimes referred to here inafter as the Original Property
Section Additions to qinal Pro erty Addi
tional rd1 .rope.rtyea .adndxdd tO the Origibdl Property tud become subjoct to this Declaration tn the manner set forth hereinafter
.AdditicnsLD.veioE.er If DCVCl.OpC its
auccessois ci atsigna chait develop oz cause to be developed addtionat real propcztv within the aLea described in rxhibit An ..attachod hereto and inco npo.rated h.erein by th.is re ference Developer or its successors or assigns shall have the right to an.nex ouch additional real property to the original Property efld to bring such real prperty with.in the gen.e.r.l plan and scheme of this Declaration without the approval of the Associa tion .its ifoa.rd or Members provided the.t sald right of ope and ts successors and assigns shall terminate on the hap pening of either of the following events whichever occurs The expiration of three year period
from date unace by the Department of Real Rqt rc fhe
State of Califor.n.ia of Final Subdivision Public 5por
pect to any portion of Broadmoor San Clemente witheut the fiiinq of Ho tLL ni In ten ton and Questioflnai re with re speco to any other portion of such ptupe.rt.y as equred by Sections 11010 and 11011 of the California Business and Professions Code or ii Dedember 31 1980
Other Additions In addition to the provision
for annexatIon .speTfiedln Subsection here In above addi tional roni property may be anne\ed to the Original Property and brought within the genera plan and scheme of this Declaration upon the approval by vote Cr wrItten consent of Members entitled to exercise not less than .thrcefourths 3/4 of the voting pow c.r of each clss of methbetship o.f the Association Upon obtaining the requisite approval the
owner of any property who desires to annex it to the Original Property and add it to the general plan and scheme of this Dc dlaratlon and subjeut it to the jurisdl.ction of the AssocIation shl Silo of record Supplomenry teclaration of Covenants Conditions and Restrictions as more particularly described in Spct ion heroinbelow
Suetar Declaration The additions
autho.ri cc under Subscctions .nd uf this Section of
GARR131
Ex 16-3
122135
~,RTICLE II
PROPRR'l'Y SUBJE:'J' '!'O TllIS DECLARATION
AND i\DDITIONS THERE'l.'O
Se,:tion,J:., Original Prope_£U'_. The real property which ,:hull be held, used, lcast,d, sold 1md conveyed c.11bj0ct to this i:1c,cl,n·ation :_s descri::c•,:l ,u.: follows:

Lots 3 4 throuqr: 7 3 of 'rract 8 S.!) 7 as E hc1in
on a map recorded in BtJok J±.1._ 1 Pages 7 thro-,:gh
11 , inclusive, of Misceollaneous Mapa~ecords of
Ori,:ge County, California,
Said n,ctl ,,roperty ~hall be nu.::(,times r·etorred to /wr,,inafter as !:hu 'nt .i. gin al P rcr,erty" .
. :,,l:tion .2. l\.Jditio:.:; tc;. Ori inal rro ert". t.dditional real ifroperty may be annexed to t 1e Original Property and become subject to this Declaration .Ln the manner set forth hereinafter:
(a) ~.Qiii:!!2.ill!__~)i:._:.'lave.loper. lf Developer, its successors or assigns, sha.L. cievelop, or catise to be developed, additional r;0al property ,;,,i thin the area described in Exhibit ",'\" 1 attachc,d l:creto and incorporated herein by this reference 1 ~cveloper or itu succossors or assiqns shall have the right to ,im:u;e such additional relil pc:,perty to the Original P-coperty and to brin~r such reel.~ prop,,r·.cy wi..thin. the general ,) l a.n and scheme of this Declantion -,.,i thout the approval of the. Association, its Boa:t:d or Mcr,\bers; pr0vided that said right of Developer and it3 successors and assigns shall terminate on the happening oi e.i ther of the following events, whichever occurs uaclj_er:
(i) The ration of' a three (Jj year period from Uw ,,Lite c!: : ::::•: :nee by "IL' Deparf:n11:•rtt of Re-1 l 1•,,1 ;,t-o ,.,,. 1-hc• Sl:ato of Cnlifornia o.l: a Final Subdivi::;ion Publi<.: H~,1;,or.L \, .. ·.r: • ...:: •• c:pect to ,mv :ciortion of Bro.:idrnoor San Clemente witlwut :J1-2 fU.inq of a Notice~; IntentiQn and Questionnaire with reupect to any other portion of: ,;,1,.,1·, p.i:oper~" ,;:: requiu . .n( L>y Sect< 11010 :,:·.cl 11011 of tho Cali. fc•n11a BuSi!E,',i> and Professions Coci2; or {ii) Decemi.:H:.r Jl, 19 HO.
(b) Other Additions. In addition to the provision
[oJ: ,,nnexation specTfied in Subsectit.,n {a} he1:c,inabove, ,:1dditional real proper-ty ,1,ay be :u:nexed to the Original Property and brought within the general pLm and scheme of this Declaration upon the approval by vote ;Or written consent of Members entitled to exercise not lc,ss than three-fourths (3/4) of the voting power of.each class of membership of the Association.

Upon nbb:dcning the requisite approval, thr"
o-•mc•r of any property t-.'ltc, :,sires to annex it to the Or,.c:inal :,p,::rty mid ,H.ld it to t':1.' ,,eneral plan and sch.ome of this U:.,- c;ld1:1tion 1\nd subject i~ the jurisdiction of the Ass,,ciat:i.on, shall file of record a Supplementary Deblaration of Covenants, Condition:; and Restrictions, as more particularly described. in Sub,H~cti.on {cl hr:irei.nbelow.
{cl ?~leE.-t-':'::~~~,:ltnry DeclaraHon, __ ~he additions ':thoril!t'ld under Subsoct.wns (a} and (bl of this Section 2 ot' -3- GARR131
Ex 16-3
120
3224PG 590
Article II shall be made by filing of record Supplementary Declaration of Covenants Conditions and Restrictions or other similar instrument with respect to the additional real property which shall be executed by Developer or the owner thereof and shall xtnd the general plan and scheme of this Declaration to such property rho tiling of record of said Supplementary Dc elaratiort shall constitute and effectuate the annexation of the additional real property described therein and thereupon said real property shall become and constitute part of Broadmoor San Clemento become subject to this Declaration and encompassed within the general plan and scheme of the covenants conditions and restrictions contained herein and become subject to assess ment by the Association and to the functions powers and juris diction of Lhe Association and the Owners of Lots in id real property shall automatically become Members of the Association Such Supplementary Declaration may contain
such additions and moditications of the covenants conditions and restrictions contained in this Declaration as may be neces saiy to reflect the different character if any of the added property or as Developer may deem appropriate in the develop meat of such property and as are not inconsistent with the general plan and scheme of this Declaration In no event how ever shall such Supplementary Dec.aration revoke modify or add to the covenants conditions and restrictions established by this Declaration as the same pertain to the Original Property except as may be hereiunftor provided
MerqersandConsOlidati Upon merger or
consolidation of te Association with another association as provided in the Articles of the Association its properties rights and obligations may be transferred to the surviving or consolidated association or alternatively the properties rights and obligations of another association may he added to the properties rights and obligations of the Association as surviving corporation pursuant to merger The surviving or conolidiLod tssociation may administer the covenants condi Lions and restrictions established by this Declaration within Bicadmoor San Clemente together with the ovaants condition and restrictions established upon any other rroperty as one gen eral plan and scheme

ARTICLE III
MEMBERSEIIP ItNI VOTING

RIGHTS IN THE ASSOCIATION
Sectionl Every person or entity who
is record owner of fee or undivided fee interest in any Lot which is subject by these covenants to assessment by the Asociatiofl shall be Member of the Association Any per
son or entity having any such interest merely as security for tub perfoinnance at an obligation shall not be Member Membership and the right to vote shall be appurtenant to and may not ho separated from the fee ownership of any Lot hich is subject La assessment by the Association Owner
m%iip of such Lot shall be the solo qualification for
tmemthcrship
GARR1 32
Ex 16-4
132236
UK I I 224P6 590
Article II, shall be made by filing of record a supplementary Declaration of Covenants, Conditions and Restrictions, or other similar instrument, with'respect to the additional real property which shall be executed by Developer or the O\,Jner thereof and :shall extend the general.plan and scheme of this Declaration to Sttch property, The filing of record of said Supplementary Declaration shall constitute and effectuate the annexation of the additional real property described therein, and thereupon said real property shall become and constitute a part of Broadmoor Sa11 Clemente, become subject to this Declaration and encompassed within the general plan and sche1ne of the covenants, conditions and restrictions containi;!d herein, and beconte subject to assess1nen t: by the Association and to the functions r powers and jurisdiction of the Association, and the Owners of Lots in said real property shall automatically become Members of the Association.

Such supplementary Declaration may contain
such additions and modificatiom, of the cov.enants, conditions and restrictions con·tained in this Declaration as may be necessary to reflect the different character, if any, of the added proper"l:.y, or as Developer may deem appropriate in the development of such property, and as are not inconsistent with the general plan and scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants, conditions and rest1·ictions established by this Declaration as the same pertain to the Original Property, except as 1nay be hereinatte1.· provided.
(a} Mergers and Consolidations. Upon a merger or
consolidation of tfie Association with another association as provided in the Articles • of the A1u1ociation, its properties, rights and obligations may be transferred to the surviving or consolidated association or, alternatively, the properties, ri9hts and obligations of another association may be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consol.i.d::itcct asaociati.on ,may administer, the covenants, conditions and restrictions ostablishcd by this Declaration within Droadmoor San Clemente, together with the cov.:.>nants, condition,, and restrictions established upon any othe:1: ~,r.operty as one g~neral plan and scheme. 'ARTICLE III
MEMBE~SHIP AND VOTING
RIGHTS tN THE ASSOCIATION
Secti,m 1. Mcmbershie_. Every person or anti ty who
is a record owner of a fee or undivided fee interest in any Lot which is subject by these covenants to assessment by the Association sh.::ill be a Member of the Association. Any person or entity having any ,such in1:erest merely as security for the performance of an obligation sh,Jll not be a Member.

Membership and the right:to vote shall be appurtena11t to and may not be separated,from the fee ownership of any Lot \Chichis subject to asse!)sment by the Association. OWner- :Ship of such Lot shall be the sole qualification for
1mcmdhership.

GARR132
Ex 16-4
121
XI224N 59
Section Transfer The membership held by any record
Owner I5Es.Iai1 not transferred p.iedged or ali.en.ated in any way except upc.n tiie aie or assignment of sUch Lot and then only to the purchaser or assignee thereof Any attempt to make prohthtod transfer is void and will not be retleoted upon the books and .recor ds of the Association In the event any Owner shall fail ai rcu to Liansfer the membership iegistered in his name to the pu.rchaser or assignee the Association shall have the right to ye.cord the txansfer upon the hooks of the Association Section__3 Thtjng Fih The Association sth 11
have two clas jhs of voting hembdrship
Class Class tIembers shall be all those
Owners ontiL3od to nembership is defined in Section of this ric1e Ill with the exoep-1on of Developer Class MembLrs sha be entitled to one .vote for each Lot in which they hold the interest required for membership by Section
When mcre than one person holds su.ch interest in
an tot all sucn nersons shall he flembers and the vote for such Lot shall he exercised as they among themselves determine but in no event shall moth than dne vot.e be cast with respect to any such Lot From time to time such persons sh.aii desig nate to thc thsoclation in iriting one of theii number who shall have the power to oaercis.e thei vote
Class The Class Member shall be the Developer The Clan Member shall be entitl ad to three votes for es oh Lot in hich it holds the inLerest requiied for membeiship bj Section provided that the class membership shall cease and become converted to cl.ss marsh e.rshi.p on happening of an.y of the following emants whichever occurs earliest
When the total votes outstanding in the
membership equal
On the expiration of t.hree year period from the date of Ssu.ance by the Department of Real Es tate of the State of California of Final Subdivision fubli Re port with respect Loamy portion of Broadmoor San Clemente without the filing of Uôtice of Intention and Questionnaire with respect to any other portion of such property as required by Sections 11010 and 11011 of the California Business and Professions Code or
On December 31 l80
from and after the hap.penin.g of these events which
ever occurs earliest the Ciass Me.mber shall be deemed to be Class Member entitledto one vote for each Lot in which it holds thc interest requ.i.red for member shjp un.der Section The voting rights of both classes of membership sheLl
be stthjoct to the restrictions and limitations provided in this De.claration and in the Artic.les of and ByLaws of the Association

ARTICLE IV
faction_1 Crnution of the Lion and Personal Obiiqa otAcmen in GARR1 33 5--
Ex 16-5
142337
BK I 1224P6 591
Section 2. Transfer. 'l'he membership held by any record Owner of a Lot shallriot75etransferred, pledged or alienated in any way, except upon the sale or assignment of such Lot and then only to the purchaser or assignee thereof. Any attempt to make a prohibited transfer is void and will not be reflected upon the books and records of the Association.. In the event any owner rahall fail or refuse to transfer the membershJ.p registered in his name t:o the purchaser or assigneer the Association shall have the right to reco,:d the transfer upon the books of the Association.

Section 3. Voting: Right.s. '!'he Association shall have two classes of vot.ing membership:

Class A, Class A Members shall be all those
owners entit1<2d to membership as defined .in Section l of this Article III, with the exception of Developer. Class A Members shall be entitled to one .vote for each Lot in which they hold the interest required for membership by section 1, Nhcn more than one person holds such interest in anl-' Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than cine vote be cast with respect to ,uiy such Lot. From time to time such persons shall desig- nate to the Association in writing one of their number who shall have the power to exercise their vote.

Class B. The Class B Member shall be the Developer. The Class B Member shall be entitled to three {3) votes for each Lot in which it holds the' interest required for membership by Section l; provided that: the Class B membership shal.l cease and become converted to Class:A membership on the happening of any of the following events, whichever occurs earliest:
(a) When the total votes outstanding in the class A membership equal one hundred forty-eight (148); (b) On• the expiration of a three ( 3) year period from the date of i~suance by the Department of Real Esta!.::e of the State of California of a. Final Subdivision J?ubl.i.c Report with respect to any portion of Broadrnoor San Clemente without the filing of a notice elf Intention and Questionnaire with respect to ,:my other portion of such property as required by Sections 11010 and 11011 of the California Business and Professio11s Code: or (c) On December 31, 1980.

Fz·om ,!lnd after the happening of these events, whichever occurs earliest, the,class B Member shall be deemed to be a Class i\ Me1nber entitled !to one vote for ea.ch Lot in which it holds the interest requir~d for membership under Section 1. 'l'he votin{J rights of both classes of membership shall be subjact to the restrictions and limitations provided in this Declaration and in the Articles of and By-Laws of the Association. l\RTICLE IV

COVENANTS FOR ASSESSMENTS
Section J., Croatian of the Lien and Personal Obliqa- ticm ot: .,\!rnassments. Deve.Iopcr for each Lot ownea by it: wlth.in -s- GARR133
Ex 16-5
122
224 592
Broadmoor San Clemente hereby covenants and eac Owner of any Lot within Broadmoor San Clemonte by acceptance of deed or other conveyance therefor whether or not it shall be so cx pressed in any such deed or othor conveyance is and shall he deemed to covanant and agree to pay to the Issociation annual assessments or charges such annual assessments to be fixed established and collected from time to time as hereinafter pro vided The annual assessments together with such interest thereon and costs of collection thereof as provided hereinbelow in Irtiele Section shall be charge on the land and shall be continuing lien upon the Lot against which each such assess ment in made The lien shall become effective upon recordation of notice of ci aim of lien in accordance with Section of Article of this Declaration Each such annual assessment toqethar with such interest and costs shall also be the personal obligation of the person or entity who was the Owner of such Lot at the time when the assessment or any portion thereof fell due end shall bind his heirs devise personal representatives successors and assigns Bowever the personal obligation shall not pass to his successors in title unless expressly assumed by them
Section Purpose $\nnual Assessments The annual
asses smens1 oted accu
mulated and used exclusively for the purpose of providing for and promotinq the aleasure recreation health safety and social welfare of the Members of the Association including the improve nent maintenance irrigation repair and upkeep of the slope areas of broadmoor San Clewente described in Exhibit attached hereto ed made part hereof by this reference
Section Annual Assessments The amount of annual
assessments shalT be dctbmined by the Board after giving due consideration to the current maintenance costs and future needs of the ssociation
Section_1 Date of Commencement of Annual Assessments
Due Datcr The annual assessmedts
comnncu as to all r3ots in the Oriqinal Sropertv on the first day of the month following the conveyance at the first Lot within said property to an individual Owner The annual assess ments for Lots added hereafter to the Original Froperty pro vidud acid Lots siall have become subject to assessment by the Association shall commence with respect to all Lots within such added property on the first day of the month following the con veyance of the first Lot within said added pronerty to an indi vidual Owner Provided however that the Association by
majority vote of its Board may extend the commencement date of annual assessments for the Original Property and any added prop erty to date not later than one year from the date of is suance by the Department of Real Estate of Bind Subdivision Public Reports with respect to the Original Property and added property respectively if Developer by written agreement with the Association commits to maintain the slope areas described in Exhibit attached hereto and incorporated herein by this re fcrencc and other slope areas to be maintained by the Association which are included within any added property until such extended dates
Annual assessments shall be levied on calendar year bis and shall be due and payable quarterly in advance on December 31 March 31 June 30 and September 30 or in such other manner as the Board may from tiDe to time establish The annnal assessments for the first year of assessment for the Original Pronerty shaLl be and they hereby are lovid GARR1 34
Ex 16-6
152438
Broadmoor San Clem1rnte hereby covenants, and each owner of any Lot within Sroadmoor San Clemente by acceptance o.f a deed or other conveyance therefor; whether or not it shall be so expressed in any such deed ur other conveyance, is and shall b,~ deemed to covenant. and ac;n:-;e to pay to the Association annua.1 assesmnents or charges 1 • ,;ucl1 annua.l asses.sments to be fixed, established, and collectc•d from time to time as hereinafter prov.Uled, The ,:.mnual c1i,,:; c ,,;sments, toqether 'cti th such interest U,eroon and costs of collection thereof cw provided hnrninbelow i .. :: Article V, Secticn .L ,, shall be~ a charge on the land clnd shall be a continuing lh,n upon U1e Lot a.gainst which ,c,ach. such assessment is made, •rhe lien: ,"';hall become effective uDon recordation o.f a notice of claim of Tien in accordance witb :of,ction 2 of Article V of this Declaration. Each such anmu1l assessment, together with such i.nl~1rcst and costs, shall also be the personal obli911ticn of the person or entity who v,as the l)wner of such Lot at the ti:r;n when l'J:e ass,,,;swe11t, or dny portion Uk•;_-eof, fell due and ,;ha11 bind h.ir., heirs, c:c:'.,isees, pDn;onal n:•p1:,?c:entativc1 s, sue cc,:, ,;c:rs and ,1:c:::c c_gns, _·,,.•ccver, tl11? 1:,c rsonal ub1-i_qa tion :•,ha_l l not. pa.-<is to h.i s ,1uccesso1.· in title unl~ss exp:·<:os::,.J .. v assumi:ld by them.

Section 2, Purpose of Annual Assessments. The annual
assessments-levie by the--~,,.;soc-1.ation sh,,11 be 'cr,Tlccted, accumulated, and used ,,,xclusis.',-,Ly for the purpose of p::cwicling for And promoting th,:'! l~leasur{", recreation, h0alth, si:fety and social welfare of the ,1lember.s cif the Association I including the .iroprovenient, mai.nl:ona.nce, irricration 1 r<1p,Lir and upkeep of the :,lope arc~as of E:nJ-:,dmoor S:rn :.:-t.emente doscribe<:1, i_n !''.xhibit "B" ,,ttachod :,c:.n::.to and m,tc:.e 11 part hereof by t r1is reference.

Sect.ion J,
.:urnessmen ts shall::-e
considera ,:ion to the
of the ,ss0ciation.

Ann:ual. hssessrnents. The arriount of annual
det'e1ni.ned by the Board after ~riving due
current maintenance costs and future needs
Sectinn 1, Date :)f ,'.ommcmc,:-1,1,,nt of Anr,~,:;J _<\ssessrri.,1n(:1,:

Due !);1 tcs :-Thi~-· ;J'r'1 :nal as SC 11 ,,fr,ien ts l)t'():;; ldea7:or7i \;r >:in shal:f - ' ' co111,.:::·i'1c-;;--·,-.r; to ,rl: r,ots i:i t.!:l' Origindl :_ropert,,· the fhst day of \:;:,::, 1:1onth following the convcyuncc of the f::irst Lot within said property to an individual Owner. The annual assessments f.oi: Lots added hereafter to the Original Property, pro- vided ,;ai," Lots s!vill have b,:':;:ome subj(:ct to as,-.,,.,,;~ment by i:h1a1 Association, shall commence 'dith respect to ,111 Lo::.s within such added property on the firDt day of the 1:1onth following the conveyance of the f:irst Lot: within said added prope,_-ty to an individual Owner.. Provided, howe,,rer, that the Jtssociation, by a mu j ori ty vote of its Board, may extend the cor,tr:iencemen t date of :mnual as,rnssments for Lhe origin;il Property and any added property to a date not later: than one (l) year h·or:i the date of issuance by the Department 1 nr Real Estate of IJ'inal Subdivision l?ublic Reports with respEjlct to the Origina.l I'ropcrty and added property, respectively, if Developer; by a written agreement with the f'ls1rnciation, commits.to maintain 1:;,e slope areas described in Bxhibit "B" attached he.reto and incorporated herein hy this reference, and other slcp<e • areas to he m,Li,ntainerl by the Association • 1ili.ch are :i 1;,: luacd w ;. :_hi 1: any addoc1 proper Ly ·,mtil such \~xtendetl (.latest
l\nnual assessments shall be levied on a calendar year basis ru1•l shall be due and payable qua~terly in advance on December :n, Mt1rcll Jl, June 30 and Ser:,tcrnJJGr 30, or. in such c,l:11or mani:,2r as t:he ,·:c.:,,_-,l may from time to time estab2-ish. 'l'he. ,1nni:i,:1l t'.:,;,,::smonts for the first year of :isscssment for the Original Property shall be, and they hereby are, levied -6-
GARR134
Ex 16-6
123
and fi at the rate of Pundrod Aent Eiht Dollars 2jLQQ par tot and shah be in an amount whici tars the come relationship to said assessment as the remaining num ber us months in that year bear to twelve 12 The same pro ration in the amount of assessment shall apply to the first as sesument levied against any tot which is added hereafter to the Original Property at time other than the beginning of any cal endar year assessment period After consideration of current maintenance costs and future needs of the Association any assess ment may be reduced by resolution of the Board Section Duties of the Board of Directors The
i3oard of Dictors 0r SSoclati shall fixte amount of
the annual assessment against each Lot subject thereto for each annual assessment period at least thirty 30 days in advance of such period and shall at that time prepare roster of the Lots within Bioadmoor San Clemente and the annual assessments appli cable thereto which shall be keot in the offiae of the Associa tion designated by the Board and shall be open to inspection by any Owner during normaL business hours
Pritten notice of the annual assessments shall be sent to every Owner subject thereto at least fifteen 15 days in advance of each annual assessment period Upon demand the Association shall furnish to any Owner Iiable or annual assessments certificate in Writing signed by an officer of the Association setting forth whether said as seosnent or any portion thereof have been paid Such certi ficate shall be conclusive evidence of th payment of any assess inent or portion thereof therein stated to have been paid reasonable charge may be made by the Board for the issuance of any such certificate
Section With
out exception each tot dned by Developer shall be subject to assessment to the same extent and in the same manner as any other Lot owned by any individual Owner
Section_7 Uniform Rate of Assessment Annual assea
ments shall be kixodat aTorm rate for all Lots within moor San Clumente Section Abandonment No Owner may waivF or other
wise escape personal flabihity for the assessments provided for heroifl by abandomnont of his tot
Section No Offsets No offsets against any assess ments shall be permitted for any reason including without limitation claim that the Association is not properly exer cising its duties ci maintenance or enforcement Section 10 Exem Pro art The following property subject tThIs Declaration exempted from the assess ments charge and lien created herein all properties dedi cated to and accepted by local public authority all prop erties exempted from taxation by the laws of the State of Cali fornia upon the terms and to the extent of such legal exemption Notwithstanding any provision herein no real property or impsovements devoted to dwelling use shall be exempt from said assessments charges or liens GARR1 35
Ex 16-7
162539
,,nd fi::,,•d D.t. th,c1 ,r.,.,te .:if I',,(; :lundn:,d 't\'10T1',:"-l1:jqht Dollars (S ?.28,00 ) per. 1,ot an shal oe in an amount w c i.:ara the smne relatTonsi:ip ,:o c;aiu assessment as the remilining num·- Ger or m:::!~tlrn in that year bear to twelve (12). The same procation ir: the amour.t ,~,f as:c;essment shall apply to the first assessment levied against· any Lot which is added hereafter to the Originnl Pro)?icil'."ty at a time other than the beginning of any calendar year assessment 0:i:!riod. Aftfi!r consideration of current:
m:Lintenance cost,·; arid fu'.:Ure n<':eds of the Association, c1ny assess- ment may .be .reduced b:1 resclution of t.he Board.

Section 5. D·c1U.es of the Board of Direc<:or,,. ':'he Board of DLrectors 0 t e ~ssociat on sha e amount of ::.he annual ,1ss,Jssrnent ,c1ga.: :-:st ,3ach tot subj(3Ct t':er,~to for each annual assessment period at least thirty (30) days in advance of ,,uch per-5.od and shal 1, at that time, prepare a roster of the Lots within '.lroadmoor San Clemente and the annual assessments appli- cable tl·.en::to \•,hich shnll be k,)ot in C:he offi.ce "of che T1ssociation detd.gn,,tad by ':h,,1. Boa1·d and shall be open to inspection by any 01-1ner durinq normal business hourn.

Wdtten notice of the annual assessments shall be sent to ev<~ry ONner subject thereto at least fifteen (15) days in advance of each annual assessment period.

U,Jon demand, the Association shall furnish to any Owner liable for annual asse,,s,ments a certificate i11 writing signed by an officer of the Asscci,'.ll:ion setting forth •,.;hether said at,- sessment or any po:ction thereof have been paid. Such. certiticatc1 shall be conclusive evidence of the payment of any assess-- ment o.r portion thereof therein stated to have been paid. A rnasonable charge may Ler made by the Board for the issuance of any such certificate.
s,x:tion 6. Assessment of Lots owned by _Devel:2,Per. ,:,nt uxccption, ,,.,ach Lot: ow:,ed hy Dev,-!loper shall be :,ubJec::. assessment to the same extent and in the sa.me manner as any ,.,,,t m111wd by any indiv1 :ii.la I. o,:,mer.

Withto
other
Section 7. Uni f'.0.1.m Rc,tt!I o:: AsSe!'lBF.\ent:. ,'\nn11al ».sc;r.•ic, ment1:, sha.:..l. be fixi;d. at a uniform rate !'or all Luts w:it1.1in f:r,.~•;_fr :1;,:;,or Sa,1 Clc.,mente,
Section 8. Abandonment, No Owner may waiv,, or -:the.::-- ',;ise escape personal lial'nlity for the assessments provided fc, 1· heroii, by ab,rndonment ::if ,his Lot, Section 'J. No Offsets. No offsets against any a.ssess- !:H"nts shall be [)ermitted :fc,.r- dny reason, inoluding, without limitation, a claim that the Association is not properly exercising its duties of mairttonance or enforcement.

I
• Section 10. Exemet PhotirM. The following property subject to this Declarat 'on a a exempted from the assessme:i ts, chai:ge and lien cr,,atc~d herein: (a} c\ll properties cle('Ji.- cated to anu accepted by a local pub lie authority; {bl all prop- erties exempttcld from t.axc1tio1~ by the laws of the State of California, ul?<),, the terms and ttl the extent of such legal exemptior.. . Not'.ll thst,rnding ,rny, prov~sion herein, no real property or uoprove:nc,nt~ devot,,d • ,_; d·:1elL1.ng ·,1se shall lH1 exempt from said asoeGsments, charges o~ liens,
GARR135
Ex 16-7
124
I224P 594

ARTICLE

NT OF ASSESSMEMTS
Section_1 uencyndRemedicsofAociatio if any annual a5essmcnL or any potion thereat not naid on thc date thc due beinq the thtes specfied Section of Article IV hereof then such assessment or portion thereof thall bccome dci inquent and shall together with interest and costs of collection as orovided hereinbelow thereupon become continuing lien on tht Lot against which such ao.se.ssment was made as core part.icu.lar.ly dese rihed in frticla IV Section hereinabove
If any annual a.ssE..ssment or any portion thereof is
not piid within thirty 30 days aftei the aelinquencv dae it sha.ll bear .interest .f.rom the date of delinquency a.t the then legal taLe and in dddLton to all other legal and equitable rghs or remedies the Association may at its option bring an action at law again.st the Owner person.ally obligated to pay the .same or upon compliance with the notice provis ions set forth tn 3oction hereinoelow to foreclahe the lien against the Lot and there sha.ll to addad to the amount of such asse.ss cent or any per Lion theeof and interest thereon all c.o.stS and expenses including reasonable attorneys fees incurred ly the ..ssociat.on in co.liecti.ng the ds.linque.nt assessment In lieu of judicially foreclos.ing the lie.n the As.s.ociat.ion at itq option may forecloue uch lien by proceeding under
or of sale as provided 1.threinbelow in Section such power of sale being g.ien to the Associ.a.tion as to each and every Lot for the purpose of collecting delinquent assessments Rach Owner yes ts in the p5ociztjorl t.o guecess.or or assi.cjns the right and power to hrlnq all actions of l.aw or ilen fore ci.os u.re agni on such Owner or other Owners far purposes of colleatiag delInquent assessments
ertton Notice of Claim of Lien No action hall
he brought to foreclose the lien or to proceed under the pow or of sale less than thirty 30 days after the da.te noti.co of claim of lien executed by duly authorized representative of the .Associat.ion is record ed with t.he Ora.nqe County Recorder .sa id no tice stating amount alL aImed whIch may md ud.e in terast and costs of callction including reasonable attorneys fee good and sufflc..iènt leg.al descriptIon of the Lot being asaesed the name and address of the Associ.ation as ala mant and the name of the record Owner or reputed Oner thereof o.py of saId no ti.ce of el aim shall be deposi.te.d In the Uni.te.d States mail certified or registered and postage prepai.d to the Owner of the Lot
Section Foreclosure Sale Any such sale provided
fat abov ha.llLa .50 fldUC .iLn accordance wi Lb th.e pro via icna of Sections 2924 2924b and 2924c of the Civil Code of the State of California applicable to the exercise ci powers of .le in mo.rtgagc.a and deeds trust or in any other mann.e.r permitted or provided by.law The Association through its duly authorized agents shall have the power to bid on the Lot at foreclosure sale and Hto acquire and hold lease mort.gage and convey the .uame
Sectio Curirq of Default Upon the timely curing
of .any d...iult for wEic.1Eiccof claim of li..en was recorded GARR136
Ex 16-8
172640

ARTICLE V
NON-1:AYMEN'.l' OF ASSESSMENTS
BK I I 224PG 594
Section l. Delin uenc, and Remedies of Association,
If uny annual assessment, or any port1on ereof, :i.s not paid 011 t.he date when due (being the dates specified in Section 4 of Article IV hereof) t the'l'.I such assessment or portion the:i:eof shall become delinquent and shall 1 together with interest and costs of collection as provided hareinbelow, theret1pon become a continuing lien on the Lot against which such assessment was made as more particularly described in Article IV, Section l, harei11above. '
If any annual assessment, or any portion thereof, is
not p,dd within thirty (30) after the delinquency date, it shall b0ar interest from the of delinquency at the then legal rate, and, in addition to all other legal and equitabl1? r.tghts or remedies, the Association may, at its option, bring an action at law against the owner personally obligated to pay tl:te same, or, upon complJiance with the notice provisions set forth in Section 2 hereinbelow, to foreclose the lien against the Lot, and there shall be added to the amount of Stlch· assess~ mentor any portion theieof, ancl interest thereon, all costs and e:1penses, including .reasonable attorneys 1 fees, incurred by the Association in co!llecting the delinquent assessment.. ln lieu of judicially forec:losing the lien, the Association, at its option, may foreclo1re such lien by proceeding under a power o.f sale as provided h13reinbelow in Section 3, such a power of oal.e being given to t~e Association as to each and every r.ot fo.r the purpose of collecting de.1.inquent assessments. Ea.ch owner vests in the Association., its. successors or assigns, the and power to bring all actions of law or lien foreclosure agr1i n~ t such Owner or othe~ Ol·'l!1e!'"s for purpc:::c::: of ~ollecti:t,g delinquent assessments ..

Section 2. Notice of Claim of Lien. No action shall
be brought to foreclose j:.he lien, or to proceed· under the power of: sale, less than thtrty (30) days after the date a notic1:J of claim of lien, exeouted by a duly authorized representative of the Association·, is recorded with the Orange County Recorder, said notice 5t:.ating the a.mount clD.imed (which may i1iclude interest and costs of coll~c:tion in.eluding a reasonable attorney's fee) , a good and. sufficient legal description of the Lot being assessed, the name and al;'ldress of the Association as alaima.nt, a11d the name of the recoi-d ownar or reputed O\'!ner thereof. A copy of said notice of claim shall be deposited in the United States mail, certified ot registl'lred and postage prepaid to the owner of the Lot. •
Section 3. Foreclosure Sale. Any such sale provided
for above shall be conducted in accordance with the provisions of Sections 2924, 2924b, and 2924c of the Civil Code of the State tif California, app4icable to the exercise of powers of salo in mortgages and da~ds of trust, or in any other manner permitted or provided by ,law. 'rhe A.ssociation, through its dul~• authori1::ed agents, ~hall have the power to bid on the Lat at foreclosure sale, and ·to a.m.1uire and hold, lease, mortgage and convey tha same.

Section 4. Cuririq of Default. Upon the timely
of any default for which a notice of claim of lien was
-8- GARR136
Ex 16-8
125
KU224pg 595
by the Association the offtcere of the Association are hereby authorized to tile or record the case may be an appropriate release of such notice upon payment by the defaulting Owner of fee to be determined by the Association but not to exceed $50.00 to cover the costs of preparing and filing or recording such release together with the payment of such other costs interest or fees as shall have been ineurrcd
Section Cumulative Remedies The assessment lien
and the rights to foreclosure and sale thereunder shall be in addition to and not in substitution for all other rights and remedies which the Association and its assigns may have here under and by law
Section Subordination of the Lien to Mortcages The lien of the assessments provided for herein shall be sub ordinate to the lien of any dced of trust or mortgage now or hereafter placed upon any of the Lots within Broadmoor San Cleente subject to assessment provided however that such subordination shall apply only to the assessments which have become due and payable prior to sale or transfer of such Lot pursuant to decree of foreclosure or any other proceeding in lieu of foreclosure Such sale or transfer shall not relieve such Lot from liability for any assessment thereafter becoming due nor from the lien of any such subsequent assessment

ARTICLE VI
ARCEITtOTURAL COMMITTEE
Section Approval bvArchitectural Committee Mo
fence wail buflding or other structure or u.teriur ddtian to or change or alteration thereof including painting shall be commenced cons tructed erected placed altered maintained or pennitted to remain on any of the real property within hroad moor San Clemente or any portion thereof until plans and spe cifications shall have been submitted to and approved in writing by an architectural committee initially to be appointed by Devel oper the Architectural Committee Said plans and specifica tions shall be prepared by duly licensed architect or other person approved by the Architectural Committee and shall include where appropriate the following Plot plans showinq the
location of all structures and showing grade elevations and drainage Building plans including floor foundation and
ioof plans with all materials therefor Exterior elevations and surfaces sections structural design and salient exterior details Id General exterior color schemes and Ce Landscaping plans showing type location and elevation of trees bushes shrubsr plants hedges and fences Provided however that De veloper shall not be required to comply with any of the provi sions of this Section All such plans and specifications shall be submitted in writing over the signature of the Owner of the property or such Owners authorized agent Approval shall be hosed among other things on adequacy of site dimensions ade quacy of structural design and material comformity and harmony of external design with neighboring sLructures effect of location and use of improvements and landscaping on neighboring property improvements landscaping operations and uses relation of topography grade and finished ground clevtion of the property being GARR1 37
Ex 16-9
182741
BKf 1224f6 595
by the 1\saooiation, the officers of the Association are hereby authorizod to file or record, as the case may be, an appropriate release of such notice, upon payment:. by the defaulting owner of n foe to be determined by, the Association but not to exceed $50,00, to cover the costs of preparing and filing or recording such .r.elease together with the pe.yment of such other costs, interest or fees as shall have been. incurred. • Section 5. Cumulative Remedies. The assessment lien
and the rights to foreclosure and sale tqereunder shall be in addition to and not in substitution for all other rights and remedies which the AssociJtiotl and its assigns may have hereunder .. nd by law.

Section 6. Subordination of the Lien to Mortgages. The lien of the ~ssessments provided for herein shall be subordinate to the lien of any deed of trust or mortgage now or hereafter placed upon any.of l:h.e Lots within Broadmoor San ClementG subject to assessment; provided, however, that such subordination shall apply.only to the assessments which have become ,tue and payable prior to a sal.e or transfer of such Lot pursuant to a decree of foreclosure, o:t" any other proceeding in lieu of foreclosure. Such sale or l:ro.nsfer shall not :relieve such Lot from liability f<ir any assl?lssment thereafter becoming due, nor frozn the lien of any such subsequent assessment.

ARTICLE VI
ARCHI'l'ECTUAAL COMMITTEE
Section l. Aporovnl bv .11.rchi tectural Cowmittee. N'o fence, wall, building, or :other structure, vs: i:xterJ.us: aut.11.t.ion to or change or alteration thereof (including painting), shall be commenced, constructed,: erected, placed, altered, maintained or permitted to remain on anl' of the re al property within Broadmoor San Clemente, or any portion thereof, until plans.and spe- cifications shall have been submitted to and approved in writing by an nrchitectural committee, initially to be appointed by Developer (the "Architectural Committee"). said plans and specifica- tions shall be prepared by. a duly licensed architect or other person approved by the Archi tectm:al Committee and shall include where app.ropriate the fo11:owing: (a) Plot plans, showing the location of all structures: at\d showing grade elevations and drainage; (b) Building plar,s, including floor, foundation and roof plans, with all matertials therefor; (c) Exterior elevations, and surfnces, sections, st~uctural design and salient exterior details; (d) General exterior color schemes, and (e) Landscaping plans, showing type, locat;ion and elevation of trees, bushes, shrubs, plants, hedges and; fences. Provided, however, that Developer shall not be requi:red to comply with any of the provisions of this Section l. All such plans and specifications shall be submit.ted in writing over the signature of the owner of the prope.rty or such Owner's authorized agent. Approval shall be based, among other things,;on adequacy of site dimensions, adequacy of structural design: and materialr comfo:cmity and harmony of external design with neighboring structures; effect of location and use of improvements and landscaping on neighboring property, improvomcnts, landscnping, operations and uses; relation of topography, r1rade and finished ground ,:!levation of the property being GARR137
Ex 16-9
126
1I224 595
improved to that of naiqhboring property proper facing of main elevations with respect to nearby streets preservation of view and aesthetic beauty and conformity of the plans and specifica tions to the purpose and qeneral plan and intent of this Deala ration In any event the Architectural committee shall have the right but not the obligation to require any Member to re move trim tap or prune any shrub tree bush plant or hedge which such Committee reasonably believes impedes the view of any lot
Section Term of Architectural Ccmmitt5ted
byoeveloppr The Arcocturnl Committee appThted by Developer chi remain in office until the happening of any of the follow ing vents whichever occurs earliost
When ninety percent 98% or more of the Lots
within Broadmoor San Clemente have been sold
On the expiration of three year period
from the date of issuance by the Department of Real Estate of the State of California of Final Subdivision Public Report with respect to any portion of Uroadmoor San Clemente without the filing of Botice of intention and Questionnaire with re suect to any other portion of such property as required by SeeLionS 11010 and LiOll of the California Business cad Professions Code or
cj On December 31 1980
From and after the happening ot these events
whichever occurs earliest the Architectural Committee shall be composed of the Board of the Association or by three or more representatives appointed by the Board
Section_3 Failure to Aporove or Disapprove Plans and
hpecifications In the event the architectural Committee or its repreentatives designated in accordance with Section hereinbelow fails to either approve or disapprove such plans and specifications within thirty 30 days after the same have been submitted to it it shall he conclusively presumed that the Architectural Committee has approved such plans and speci fications All improvement woik approved by the Architectural Committee shall be diligently completed and constructed in ac cordance with approved plans and specifications
Section No Liabi1ij Neither Developer the Asso
ciation the Ardiitectural Committee or the members or designated representatives thereof shall be liable in damages to anyone submitting plans or specifications to them for approval or to any Owner of proverty affected by these restrictions by reason of mistake in judgment negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications or icr any detect in any structure constructed from such plans and specifications Such plans and specifications are nut approved for engineering design Every person who submits plans or spe cifications to the Architectural Committee for approval agrees by submission of such plans and specifications and every Owner of any of said property agrees that he will not bring any action or suit against Developer the Association the Architectural CommitteG or any of the members or designated representatives thereof to recovor any such damages
GARR1 38
Ex 16-10
192842
i1np,.·uvull to th,At nf neighL.,1:ing proper::.y; proper 1'~:cing or' milin elevations with rciipect i:o tH:arby streets; pres 01::v,J. t.ion of view and aest:-,8 tic beauty; and conformity of the plans and speoifica·· tions to ,.:10 purpose and general plan and intent of this Deola- . ration. In any event, the A:r:chitectural Committee shall have the righi:, but not the obli,,;ation, to require any Member to remove, trim, top, m: prune a.1:y ahrub, t:t:ee, bush, plant or hedge which such Committee reasor:ably believes impedes the view of any Lot.

Section 2. Term of Architectural committee A inted
bv Developer. The Arclu. actu:r:il omnu.ttee appointed y Developer efiall rem·airl in off ice un ti.:. the ht1ppening of a1:y of the follow-- ing ,~vt~nts, whichever occu::-·., •'larliest:
(a) \>/hen ninety percent (90%) or more of the Lots
with.in Br-oc1dmoo.i: San Clemente have been sold;
(b) On the'el<piration of a three (3} year period
from L:H.1 date of u:suance ny '. he Depa.rt1;,,unt of '"·''' :. Estate of the :it:.1tc-:, of Cali:.ornia oL c1 i:'inal SulJclivis:i.on l'ubl.ic Report with r,1spect to any portion of Broadmoor San Ch'1:1nnte withc,ut the fili.nu of a Notice of Intention and Questionnai:l.~e with re-- spect to ,~,ny other portion of such property as required by Sections 11010 and LlOll of the Cali.fornia Business and Professions Code, or
(cJ c)n Decem;,Jer 31, 1980,
From irnd 21fter the happenimi of these events,
whichever c,cnu;-s earliest, the Architectural Committee shall be composed ,,;" the Doard of t:he ;\ssociation or by three (3) or more representatives ap;;:~inted the Board,
section J. Failu:c,2 t:o J\porove or Disap~;:-ove Plans and Speci.fica'--i.ons. In t e event t e Arc 1.tectural Comm.1.ttee, or 1-ts representatives designated in accordance with Section 8 hereinbelow, fails to ei th,ar approve or disapprove such plans and :·,p,::c f.icati.u:-1:; ',1ithin i.r·t·y (301 d,:iy:; afte,· :·;,,., same :1:1vu been ,,ubmit.ted tu i.1-, it :,:i:d 1. be conclus.Lvely presc:1:1ed th.:1t tl1e A1:chitcctur..1l :~ummitt,_,,. 11·7·"'' approvec.1 :,uch pi c111:_: and spc,ci fications. All improvement work approved by the Architectural Committee shall be diligently completed and constructed in aoconlance ·,Li. th approved plans and specifications. . . Section 4: No LiaI,::__ili~. Neither DevelolJer, the Associat:i.on, the Arcln r.ectura.l committee or the members or designated r:epresentatives thereof shall be liable in damages ::.o anyone subinittinlf plans or specification:, to them for llpproval, or to any owner oE property atfiected by these restrictions by reason of mistake"' i.n judgment, negligence, or nonfeasance arising out of or in connection with;the approval or disapprova.l or failure to a,pprove or di1:Japp,:ov..-:, any such plans or specifications, or tor any defect in anv ,;t.i:-1..Jcture constructed from such plans and specific:1tions. such plans and specifications are not approved for engineering d<'!sign, Every person 1,1ho submits plans or specifications to the Archi~ectural Committ:ee for approval agrees, :,'{ "ubmii:;n ion of ~;uch '"'-.,ns and speci.fications, and every Owner '' any of :,,1 id proper·; 'i i,irees di<'.\ t·. he will :h1 :·. bring c:,ny action or :,uit a,Fd.n.s'!: Deve,,::p,•c, the Association, tho Architr,cL1ral 1:ommittee or· ,:my of ':'te members ur designatvd represent:,1tives ~1creof to recover any such damages.

GARR138
Ex 16-10
127
J224 597
Section Notice of Noncom lianc or Noncom letion
Notwithstanding anything to ie contrary contained terean after the expiration of one year from the date of issuance of building permit by municipal or other governmental authority for any improvements said improvements shall in favor of purchasers and encumbrancors in good faith and for value be deemed to be in compliance with all provisions of this Article VI unless actual notice of such noncompliance or noncompletion executed by tha Architoctural Committee or its designated representatives shall appear of record in the office of the County Recorder of Orange County California or unless legal proceedings shall have been instituted to enforce compliance or completion SctionG Regulations The Architectural Commrtthe may from tine to time in its sole discretion adopt amend and repeal reasonable rules and regulations interpreting and implementing the provisions hereof Section Variances Where circumstances such as
topography location of proprty lines location of trees con figuration of Lots or other matters require the Architectural Committee by the vote or written conseiit of majority of the members thereof may allow reasonable variances as to any of the covenants conditions or restricjons contained in this Declara tion under the jurisdiction of such Committee on such terms and conditions as it shall require provided however that all such variances shall be in keeping with the general plan for the provement and development of Broadmoor San Clemente
Section The Archi tectural Committee may from time to time by majority of the mombers thereof delegate any of its rights or responsibilities hereunder to one or more duly licensed architects or other qual ified persons who shall have full authority to act on the behalf of the Architectural Committee in all matters delegated cifications
Section Review Fee and Address All plans and spe rTred by Section hereof shall be submitted in writing Lt approval together with processing fee not to ex ceed Pf.y CoiLrs $50.00 The address of the Architectural Committee is 17802 Irvine Boulevard Tustin California 2780 or such other place as maw from time to time ho designated by ho ArhiLcturaj CommitL or written instrument recorded in the office of the County Recorder of Orange County and the last instrument so recorded shall be deemed the Architectural Com mittees piover address Surt address shall be the place for the submittal of plans and specifications and the place where the current rules and regulations if any of the Architectural Committee Shall be kept
Section 10 Inspection Any member or agent of the Architectural Committee f1om time to time at any reasonable hour or hours and upon rORsonab notice enter and inspect any property subject to the jurisdiction of said Architectural Com mittee as to its improvement or maintenance in compliance with the provisions hereof

ARTICLE VII

GENERAL RESTRICTIONS
Section Fccopt as provided in Section Oereof no buIld rig structure or improvement shall be cons trucod erected GARR1 39
Ex 16-11
202943
/
/
n~ I 1224PG 597
S<'icLi.011 5. \or Lee ol' Noncom lianc.:~ •.)r t/on(;o1:, Jlr__;tion.

Notwi ths Fanding-anytfiTng to e contrai:y contai.n ore n, after U1e c,X~iirc1tion of on," (.1.) year from the date of issuance of a building pc:rmi t by munL,i1Jal or other governmental aur.hority for any impr,;iv,~ments, sa:i.d improvements sh;:ill, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this Article VI, unles;c; actual notice of such noncompli,~nce or noncompletion, executed by the Archi tectur.al Cammi t tee o::-· its des igna tad re.present.a ti v"'s; shall ,q;ipeai: cf record in the L)ffi.cu at the County Recordci.r of Qrang0 County I Califo:rnia, or unless legal proceedings shall have been in::;titutod to enforce comf")liance or completion.

Section 6. Hules 2.nd Regulations. The Architectural
Committee :nay from time to time, in its sole discreticn, adopt, amend and repe~l raason~ble rules and regulations interpreting and implell',ent:in9 the pr:.:vi c<ions hereof.

S'l·'Ct i.on 7. 1--'ar_i a:1::Bc' " \•ihc!r(c:; circums ta nee" s::c'1 as t.opogr..,phy, location of property lin-cin, loca tior: o 1· trees, conf: .. gui:a i: i.on of Lots, or ot,:er matters require, the Architectural C,:mmH:t.ee, by t·he vot:e -:,r .,,,rittQn consei1t uf a majority ,·,f the members thereof, may allow- reasonable variances as to any of the covenants, conditions or:rescrictions contained in this Declaration under the jurisdiction of such Committee, on suer: terr.1s and conditions as it shnll require: provided, however, that all such vctriances shall be i:-i keeping with the general plar: for the improvemnnt and development of Broadmoor San Clen:.ente. ;,ection !3. A?£t;i11tment and Designation. 'l'he Architectural Co::uni ttce may f1:om time to time, by a majority of the members thereof, dekga-cti any of its rights or responsibilities hereunder to one or more dulv licensed architects or other qualified perso:1S who shall have· full authority to act on the behal.f of the Architectural Co111liictce in all matt8rs dele0,ated.

Soc ti on 9. ,~c,v i ew FAA and Address. All plans and apeci eications req1uri:>!d by S.ect.i.on l hereof Shil.11 be snbrnitted in w:..;iting to,; approval together with a precessing fee not to ex- c,,ed ~'5.r"t'/ [:.,d 1..n;s {;: :o. 00) . T:1,., ,.ldd.n:~sr, ,.1J' :·.he A,·ch.i. tectm:al Committe,2 is l 7802 Irvine Boulevard, Tustin, C,'.tlif.or-n~a 92780, o~: s'J.cb other pL1.c1c· a.; mav from time tc time b~J ch'JsJ.gnated by t:.h) Ar: .... t1i 1:,2c 1:.ul·al Comr,i i-te,· b'.' n w.ci tt~en instrument recorded in the office of the County Recorder of Orange County; and the last instrument so recorded shall be deemed the Architectural Commit tee 's p:rnper address. - su.::h address shall be the place for the submittal of plans nnd spec i fi.ca tions and the pl,':1.ce where the current rules and r"":cJtllations, if any, of the Architectural committee shall be kept.

Section 10. Int,:;ectiGn. Any member or agent of the
Archi tac turul commit tee ma.y from time to time at any reasonable hour or hours 11nd upon ::-:casonable notice enter and inspect any propertl'' subj,~ct to the jurisdiction of said Architectural Committee as to its improvement or maintenance in compliance with ~ne provisions hareof,
\ltf.l'.CLE VII
Section 1. E:~ept as provided in Section 3 hereof, no bUildJ.ng-;-sfructu"re er in,c1ro·.·em8nt shall be constr:1.cr:cd, ,.;racted, GARR139
Ex 16-11
128
BKH224PG 598
altered placed or permitted to remain on any of the Lots with in the Original Property other than singiefamily dwelling do signed for occupation by not more than one family
Section Neither the real property within Broadmoor
ban Cemente nor any portion thereof shall be used for any pur pose tending to injure the reputation thereof or to disturb the nerqhhorhood or occupants of adjoining property or to con ntituto nuisance or in violation of any public law ordinance or regulation in anywise applicable thereto No business or commercial activity shall be maintained or conducted upon any of the Lath
Section3 Daveloper its successors and sedans may
use any of the real property within Broadmoor San Clomenta owned by them for model home sites and display and sales offices and incidental parking and may use such real property for the erec Lion and maintenance of other structures displays exhibits and signs as they may deem necessary or convenient during the con struction and sales period
Section No building structure or improvement shall
be constructed erected alterob placed or permitted to remain on any Lot in such location or manner or height as will unres conably obstruct or interfere with the vicW of any other Lot provided that all buildings structures and improvements as originally constructed by Developer thall be deemed to not un reasonably obstruct or interfere with the view of any Lot in Oroadmoor San Clemente No projectibns of any type shall be placod or permittee to remain above the roof of any residential building with the exception of one or more chimneys and one or more vent stacks No outside television or radio pole or an tenna or other electronic device shall be constructed erectod or maintained on any building ar on any procerty within Broadmoor San Clumente or connected in such manner as to be visible from the outside of any such building
Section When garaqos are not in use garage doors
shall belosed Garages shall be used only for the purpOs parking automobiles and storing an Owner1s hcncheld goods No open carport shall be constructed or maintained upun my Lot Section No shed tent or temporary building shall
he erocttained or used on any property within Broadnioor San Cieniente provided however that temporary buildings for use end used only for purposes incidental to the iniLial con Otruction of inprovemente and dwellings on any portion of Broadmoor San Clemente may be cons tructud and maintained provided that said temporary buildings shall be promptly removed upon the complotion of such construction work
Section No mobile home boat truck trailer or
recreativeiiClC of any kind shall he kept stored parked lothur than temporarily maintained constructed or repaired on any property within Broadmoor San Clemente in such manner as to he visibic from any neighboring property provided how ever that the provisions of this section shall not apply to emergency vehicle repairs Temporary parking shall mean park ing of vehicles belonging to guests of Owners delivery trucks service vehicles nd other commercial vehicles heinq used the furnishing of services to the Association or the Owners and GARR1 40
Ex 16-12
213044
ot I i 224Pli 598
altered, placed or permitted to remi.lill on any of the Lots within the Origi:\al Pre:rie:c::y othz~r than a sirHJlo··f@,il·;• d·.,elling designed for occupation by not more tho.none fnmily, ~iection 2, Neither the real property within Broadmoor
San Clemente nor a,-,y port:.on thereof shall be m,ed for any purpose tendi11g to injur£~ tha repntation thereof, or t() disturb th~ nei~iborhood or occupants of adjoining property, r to const2tute a nuisnnc~, ur i11 violation of any rub1iu 1,n~, ordinance, or re,;ulation in an:;wic:e •c1pp.licable thereto. Ne businc,ss or. commercial activity sh,"11 be maintained or conducted uptm any of the Lots,
Section 3. Developer, its m1cccssors and assigns, may
tWe any of the :n'!al pr::,r,e1·Ly within Broadmoor s.,n CJe1:1C,ntu owned by thom l'or mod0l home sites and dis:,Jay and sales offices and i.:.c:Lrlcntal parkit·,q, :1w2 m:iv rn:;e such real oronert·v tor the e1:·cction and :naintenance of othe1: oti::uct·c:res, displays, e:xhibi ts and ;";ign:.; ..-tt: t;;ey may d,,,"m ·e,:,,-s~;ary or conve1:ie1,1· d-,:r11·,g :he construction and sales period. • ·-:ection_ i\. No building, structl1re, or improvement shall bt3 constructed, 11rec tee:, u..L tere'd, placed or permi t.~·.cd 1:0 remain on any Let in such location or manner or height as will unreasonably obstruct or ·.n'.:,:,r1"2re with the view of 2ny othc,r Lot; provided that all bn.i.ldin9s, structures nnd improvements as ori9inally .:onstructed by Developer shall be deEc::'.,ed to not unJ;easonably obstruct er intorf(;l;.~e with the vi,ew of any L(,t i.n :3r.o'1dmoor S,1n Clemente. Mo projections of any type, ,;h,111 bt~ plaocd or permitted to ~-enic1in above the roof of any residm1tial build.i ng wi Lh the exception of one or :no:nz; chimneys and one or more vent stacks. No outside television or radio pole or antenna or other electronic device shall be constructed, erected or mciintn:1.n?lcl on ,my bt:ilding or on any property withL, Broadmoor San Clemente or connected in such manner as to be visible f1:om the outside of ,my suc:11 building.

Section ';, 1·ihen gc11~asu.:!S ,1rn not: j n U!":e, garc1g,1 dorir,3 shall b,:" clost'ri. Garag,.;'.; shall ho U!""'c,d only for the purpoi.h: u£ parkinq automobilas and storing nn Ownor.' s !10 .,sc •>11 g,c,,d:,:. :-10 o,,.:n r~ai:poi:t :ci,hal l be' ccnstru:; ted or maint;1 ill(~,t \lj)C!' .,ny Lot. !Yection 6. ho :shed, l:.c'!nt 01 temporary bt,:.i.:rn .. : shall be erected, ma;i.ntained or used on any p1;operty within Broadmoor f,,111 Clemente; provider], hovever, that temporary bui hii;, ~"rs for use 1m'1 used only for purposes incidentlll to the ini ti~l construction of improvemen::.:; and dwellinqs on any pcrtion of Brandmoor San Clemente m~y be constructed ;rnd main taincd provided that snid temporary b11ilc~ings shall be prumpl:ly rcm,,veci upm, the comp.lotion of such constnicti,m vrm:k.
'Saction 7, tio ,1\cbile home, boat, truck, tr1.1iler, or recrcationcil vehicle of any kind shall be kept, r,torcd, pa:d<-ed (other l:han tempor,irily ): , ;nain tained, cons truct<,'d nr" repaired, on any property within Broadmoor San Clemente in such i'.I manner ,:s to be visible• frcm ,iny neiqhbor:i.ng prorei::ty; prcvi,:c.ci, however, thdt the provisions of this section shall not apply to emergency vehi cJ.c, rcpa.2.rs. 'l'c11wor,ny parkinq st,:il l m,.:.in pai:king of vehicles belonging to guests cf Owners, delivery trucks, :.;arvice vei1iclos ancl a,t,ct· corn.mnrcidl vehi"cJ,;s bci::,1 w;e.J L1 \:he fun1i.<Jhin9 of service,; to the Association or th<~ Owners and GARR140
Ex 16-12
129
224PC 599
of vehicles belonging to or being used by Owners for
ioding and unloading purposes
Section No singlefamily dwelling shall be con StuCted1ntajned upon any Lot or any portion thereof which lies total livable floor area exclusive of any porch patio basement garage or other accessory outbuildinq wheth ci or ot attached to such dwelling of less than one thousand seven hundred eighty 1700 square feet
Section ho privy shall be erected maintained or used upon any portion of Broadmoor San Clemente but tempo roy urivy may be permitted during the course of construction of building Any lavatory toilet or water closet which shall he erected maintained or used upon any portion of Broadmoor San Clemant shall be enclosed and located within building par mitted under this Decthratjon to be erected within Broadmoor an Clemente shall be properly connected with the sewer system and shall be so constructed and operated that no offensive odor shall arise or otherwise escape therefrom Section 10 Except fore sign of customary and reason able dimensions advertising Lot for sale such sign to be located on such Lot no sign or other advertising device of any oharactcr shall be erected maintained or displayed upon any portion of Broadmoor San Ciemente provided howevet that Devel opar its agents and designees may erect and maintain such signs and other advertising devices or structures as it may doom neces anry ir pioper in connection with the conduct of its operations for the development improvement subdivision and sale of the Lots within Broadmoor San Clemente So long as it is an Owner of at least twentyfive percent 25% of the Lots Developer or the Association may summarily remove and destroy all unau thorized signs Suction Il No animals fowl reptiles or poultry shall
be kept within Broadmoor San Clemente except that domestic dogs cats birds and fish may be kept as household pets within Broaf- ioor San Clemente provided that they are not kept bred or raised thnaLn for commercial purposes or in unreaonahle quantities thia Declaration unreasonable quantities shall be c-iueu Lu ilmic the number at dogs cats and birds to two each
Section 12 No weeds rubbish debris objects or mate rials of any kind shall be placed or permitted to accumulate Upoo ony portion of Broadmoor San Clemente which render such gorti-r unsanitary unsightly offensive or detrimental to any property in the vicinity thereof or to the occupants of any such property in such vicinity In the event of the default in the performance of this provision and if such default shall not have been cured within five days after written notice there of Developer so long as it is an Owner of at least twentyfive peLcent 25% of the Lots or the Association shall have the right to enter unon said property and remove all woods rubbish debris objects or materials and do au things necessary to place said property in neat and orderly condition and any ex penses therefor shall become due and payable from the Owner of said property to Developer or the Association as the case may within five days after written demand therefor Section_33 No plants or seeds infected with noxious
insects or plant diseases nhall be brought upon grown or main ained upon any girt of Broadmoor San Clcmente In the Ovent GARR141
Ex 16-13
223145
6K i I 224P5 599
:-','"' ,·:: i r.. or w2:L.i.cl:c.; 1·,,,,lo::,3in,.J t{_,, or being used by 1:iwn,~i:s i"or t,~ctding ,:end unloading purposes, S:'!ction 8, No single-family dwelling shall be cons true ted or maintainG:d u;::on any Lot or any portion the.,,~aof which n.::is a total livable>. :c.:oor area, exclusive of any porch, pa.tio, ,;cL; .. ~:, 1;,,1sernent, garag(j ox other c,ccessory outbuildiaq (wheth- «H.' ot· t":it attached to such dwelling) , of less than one thousand ,.,,.,·,en hundroc.! 0i9h ty ( L, 780) square feet.

Section 9. No privy shall be erected, maintuined or
used upon any portion of Broudmoor San Clemente, but s1 tempo- :ci1ry privy may be permitted during the course of construction of. a building, Any lctva.r:,,ry, toilet or water clos,,t- whic(, shall l)e erect'ccl, maintained or used upon any portion of Broadmoor San Clomenbo shall be ,,,nc·.oscd arn'l located withln a building permit-t.ed under this ''eclaration to be erected witpin Broadmoor San CltemEn:te, shall be p~-,:,perly ccnrwctt'd w1 th r::he -:e\ler ,~ystc>m ;ui.u sha'i l l.l'J so cunsti-·1c:-c·d :1:1d <:)perated that no offensive. odor shall arL:e or othf'rwise escaoe therefrom.
s,,ction 10. E:<eept for. a sign of customary and 1:cason- ,;blo dii:iensions acl':er".:i.sL,g a Lot for sale, Sllch sic,n 'co be loca t8d ,:,1, such Lot, no sign or other advertising device of any Gharactcr shall be erected, n1.1.int.:i.inod; or displaynd uc~on any po i~tion of Broadmoor S,'in Clemente I provided, however, that Devel··· oper, its agents and JcsirrneGs I may erect and maint::tin ,mch signs <tntl other adverr.i.sinc: devicc;s or structur,~s as it may dec,m m~ces~ '>d,l:'Y 1;r proper in connect.ion with the conduct ot L:s o;K.:rations ::ur the d,.c:velopmcmt, improvement., subdivision and. sale of the Lots within Broadmoor San Clemente. So long as it is :,n 011ner ,.:,f at least twenty-fiv(, · ptorcent (25%) of the Lots, Oevelop~r, or the Association, ma:t. summarily remove, and destrc:ly all unautllorizGd :;igus,.

Ser.:1:ioll ll. i'h an:m;i.Ls, towl, ceptU.es or pou.11:ry sho1.Ll be kept 1vi thin BrO?ldmoor San Clemente, except that domes tic dogs, •:atn, birch, and f.~,:.h :.n.,.y l:ept e:1s hou,.;c,holC:: pets ·,it1° i.n :1roac1-- .r:1oor San Clemente provided that they are not kept, bred or raised 1 he 1. :":,n :'or: cmrsne,:cial P,U ~·r·,os(·,S or in um:eaisonab le ,,uarLi '::.es. 'I,; ,1.;,.. j ·" th:Ls Declaration "unreasonable quantities" shall be ·.;:.•.,:,n:,sn,i Lo iim.it th" nu;:tbe.r. 01. dogs, G,1.t1.; and bi.i:ds t.o tv.-o (2) each.

Section 12. No .weeds, rubbish, debris, objects or materiuls of-l:lny kind sha.11 b•" placed or permitted to <1CCU,nt,late upt"\ ,>ny portion of Bro,i:d.:,oor San Clemente which rendei:: :;uch ;iertJ.r r. unsanitary, unsightly, offensive or detrimental to any .Droperty in the vicinity, :-.hereof. or to the occupant:s of any such property in such vicinity. In the event of. !:he default in the parforma11ce of this p.i~oviision, and if such default shall not have been cured within five (5)· days afte;:,- written notice thereol:, Devoloper, so long c1s it is an owner of at lea:St :.wenty-five percent (25 'e) of the Lots, or the Association, shall have the rL1ht t-,o '"nter upon said pr·:iperty ,rnd rumove c1ll .. 1eedcS, rubbish, dubris 1 objects or materi~la and do all things necessary to place said property Ln c2. ne:, t. and ,)r:derly condition .Jnd ,.my ,,xpenses thenc'for shall b&come due and payc1ble from the owner of s,1id p·,~o~,,,rt 0,r to n,w,-·lop;,r 1·· the i'11:sociat:i.on, as lJy, ca::\:· m:.iy b.:, wU:hin five (5) clays after 1vritten demand therefor.

Section 13. No plants or seeds infected with noxJ.ous
insects or plant diseases sh,,11 be brought upon, ,1r:own, Gr maintained upon any part >l: Jro6c::moor San Clemente. In the ovent o :' GARR141
Ex 16-13
130
XU224
the default in the performance of this provision1 and if such default shall not have been cured within five days after written noticO thereof Developer so long as it is an Owner of at least twentyfive percent 25% of the Lots or the Associa tion shall have the right to enter upon any Lot within Broadmoor fan Clemente and at the expense of the Owner of said Lot remove infected or diseased plants and/or spray the same and/or take such measures as nay be necessary in the opinion of the Developer or the Association to protect the same and/or the com munity from the spread of such infection
Section l4 Trash garbage rubbish and other waste
shall be kept only in sanitary containers All service yards or suiviec aicas clothesline areas sanitary containers and storage piles on any property within Broadmoor San Clemente shall be enclosed or fenced in such manner that such yards areas containers and piles will be obstructed from view from any neighboring property or Street Sanitary containers may be set out for reasonable period of time before and after sche duled trash pickup times
Section 15 Pc noxious or offensive trade or activity
shell be carried on upon eny portion of Broadmoor San Clcmente nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood
SectioniS All buildings and other structures within
Dreadnoor San clemonte and each portion thereof shall at all times be mnintaind in good condition and repair and well and properly painted No windows shall be covered with aluminium foil or similar material
Section 17 Other than the slope areas described in
Exhibit B1 hereof which are to be maintained by the Associa tion1 slope areas within emy Lot including any drainage de vices constructed thereon by Developer shall be maintained continuously by the Owner thereof in neat orderly and safe condition and in such manner as to enhance their appearance1 maintain established slope ratios1 prevent erosion and sliding problems and to facilitate the orderly discharge of water through drainage systems established by Developer No struc ture1 planting or other material shall be placed or permitted to remain or other activities undertaken within Broadmaor San Clcmcnte or any portion thereof which might damage or interfere with established slope fatios create erosion or sliding prob lens or interfere with established drainage functions or facil ities
Section 18 All landscaping of every kind and charac
ter including shrubs trees grass1 and other plantings shall be neatly trimmed properly cultivated and maintained continu ously by the Owner thereof unless otherwise provided for here in in nCSt and orderly condition and in manner to enhance i.ts appearance
Suction 19 No tree shrub or planting of any kind shall
be allowed to overhang or otherwise encroach upon any sidewalk or other pedestrian way from ground level to height of ten 10 feet without the prior approval of the Architectural Committee Section 20 No property within Broadmoor San Clemente
shall be used in any manner to explore for or to remove any mater oil or other hydrocarbons minerals of any kind gravel GARR1 42
Ex 16-14
233246
the dfc.fault in t::c, perf:iJ:,c .. :111ce of ,c:.his provision, 1nd if :·rnc:h defoult shall not have ;~"'"n cured within five (:5) days after writ ten notic,a tl, t,reof, -~•:,veloper, so long as l t: 111. an owner of at leas:: twenty-five l?ercent (25%) of the Lots, or the Association, shall have the right to enter upon any Lot within Broadmoor San Clemente and, at the expense of the owner of said Lot, remove infected en: disea 0;cd plants and/or spray the same and/or take such measures as m_o.y be. r,ecessary in the opinion of the Developer or the F.ssociation to protect the s:ar:,e and/or the community :::-orn the spread of such i.nfection. :3ection 14. Trash, garbage, rubbish and other waste
shall be-kept only in sanitary containers. All service yards or S<.;!rVi(;!e areau, clothe::;llne areas, sanitary ccr:tainers, and storagiJ piles on d.!)y pro,.L .. ,d:-.y within Broadmoor :,,in Clemente sh,111 be enclo:,r:d or fen, .. , 0 d ~n such a manner t',c1_ t: .. ;uch y;,1rds, areas, containers, and piles will be obstructed from view from any neiy!1~oring property or street. Sanitary containers may be set ~ut tor a, r~asona~le. period of time before and after schedu, -::c, l:i:ash p1.c;,.-11p time;, ..

Section I:;, No :·,,,:d,)US or c,ffensive tr:ic'c or activity shall be-carried on upon any portion o:t: BroadmooL" San Clemente, nor shaL .. anything be done or maintained thereon which may be. or become an annoyance or nuisance to t.1'1e neighborhood, Section ll). All buildings and other structures withi..n Broadmoor ::ia11 Cles1•,nta and each portion thereof shall at all ti.mes be maintained in good Go11dition and repair and well and pr·operly ,Ja.tnted, No windows shall be covered with altmdnium foil or ~irnilar material.

Section 17. Other than the slope areas ,:lcs;:;ribed in Exhibit ''B" hereof which .::re to be maintained by the Association, slope areas within nny Lot, including any drainage devices constructed r...hereon by Developer, shall l,e maintained continuously by the Owner thereof in a neat, orderly and safe condition "nd in l":IUch a manner as to enhance th.air appearanca, maintain established slope ratios, prevent erosion and sliding probl,_;i1,1,.;, and t;o '..,tcil.:U~.•-•.te s.he ordcrl•{ diacha1.,3,: ,~: ~ water throtH711 drain,HJ(' ;;ystems e,;t2blished by nevelopr•r, No structun.•, pl anting or ,.,tiler :;,,,-, h 0 i~ ial sha 1 .. l bP. placP :-i 1 ) r permit tcd to rema:in or other ac ti vi ties unde:i:-taken within Broadmoor San Clemente or any portion thereof which might damage or interfere with established slope ratios, create erosion or sliding problems, or interfere with;est.ablished drainage functions or fo.cil ities .

Sect.ion 18. t\1.1: lnndsc.i.ping of every kind and charact()r, incfw:fin,1 shrubs, t:i-ees, gr,t!iS, and othm: plantings shall b,1 neatly t1:immcd, propei:-ly cultivated and maintained continuously by the Owner there:of, unless otherwise provided for here1n, l.n a neat and ord~rly ..::onditio11 and in a m,uui .. r to enhance its'" app earano e .

Section 19, No tree, shrub or planting of any kind shall b~ all,Hve-d to overhang o,r otherwise encroach upon any sidewalk or other pedestrian way from ground h2vel to a height of ten (10) fc:!i1t withont th\o pri.,:c ,,;,proval of: the Archi.tectural Co111;;1itt.ee.

Ei<ic ti.on 20. r1u :1ropart'( wi J·hin Bro,tdr.1oor San Clemente shall b•.: llScd .... Tri'iiny manner to explore for or to remove any • water, oil or otl1er hydrocarbons, minerals of any kind, gravel, GARR142
Ex 16-14
131
8Xf224pg 6O
earth or any earth substance or other mineral of any kin machinery or equipment of any kind shall he placed operated or maintained upon any Lot on which is situated singlefamily dwelling except such machinery or equipment as is usual and customary in connection with the use end maintenance of pri vate residence Section 2l During reasonable hours and after reason
able notiny agent of Developer so long as it is an Owner of at least twentyfive percent 25% of the Lots or the Asso ciation hai1 have the right to enter upon and inspect Broadmoor San Ciemcrnte or any portion thereof end the improvements thereon for the purpose of ascertaining whether or not the pro visions of this Declaration are bieng complied with and shall not deemed guilty of trespass by reasons thereof
Section 22 building structure improvement or addi
tion excludiagETmneys md roof vents shall be constructed erected altered placed or permitted to remain on any portion of roadmoor San Clemente whicheceeds one story in height with maximum height of 17 feet Uo tree bush or shrub shall he placed or maintained upon any Lot described in Exhibit
attached hereto and incorporated herein by reference which exceeds 17 feet in height or upon any other Lot in Broadmoor Sn Clezuonte which exceeds 20 feet in height

ARPICEE VIII
L1IJTIES LW POWERS OF THE ASSOCIATIOH
Section In addition to the duties and cowers enu
merated thitsArticles and ByLaws or lsewhero provided for herein and without limiting the generalities thereof the Asso ciation shall
laintain or cause to be maintained the
ulop areas more particularly described in Exhibit uB Slope Contiol Areas and all landscaping thereon as originally im proved by Developer in neat safe sanitary and orderly con dition including the replacement of landsenoing when necessary or appropriate and in such manner as to enhance their ap pearence and to preserve established slope ratios prevent cr0 sion and sliding problems and facilitate the orderly discharge of water through established drainage systems
Enforce the provisions of this Declaration
by appropriate means including without limitation the expendi ture of funds of the Association the emoloyment of legal counsel ancU the commencement of actions
Cc Mainthin such policy or policies of insurance
as the Board of the Association deems necessary or desirable in furthering the purposes of and protecting the interests of the Association and its Members and
is
GARR1 43
Ex 16-15
243347
BK I I 2.24fG 60 I
earth or any earth :mbstancc or other mineral of ,rny kind. No mnchinery OJ." eqnipment of any kind shall be placed, operated or maintained upon any Lot on 1,hich is situated a :;;in0le-family dwelling, excc,pt such 1110.chinery or equipment as is usual and customary in connection with the use and maintenance of a pri- v:.·~ t.c~ .r<.~sidenci.:~.

Sect.ton 21. Durimr reasonable hours and after reasonable noti'ce, ,my ag0;nt of D~vc loper, so long <'1:S it )._S an Owner of at lc.!!ast twenty-rive percent (25%) of: tha Lot,~, rir the Association, shJJ.l have the right to enter upon and in3pect Broadmoor San :.~lemente or any portion thereof and the improvements thereon for the purpose of ascertain.i.ng whether or not the pro- visio:::; of this :Jaclaratio., ,,_re bieng co:n!,)lied with ,ind sha11 not d,:iemed gtd 1 l / of .tr,•,;lJ,;.,,s by rc,d:-.:uits therc,ul..

Slc'!ction 22. No building, structure, improvement or addition (exclu:Hng chimneys and roof vents) shall ba constructed, erected, ~1~ared, placed or permitted to remain on any portion af Broadmoor San Cl,~mente ,,,h-i,:h.e:x:ceeds one story in height with a maximum height of 17 fee:::. lia tree, bush or shrub shall be placed or maintaine,:: upcm 'ir,y Lot described in E;,chi'~,it "C", attached hereto and incorpo:c·ated herein by reference, which oxceeds 17 feet in height or upon any other J,ot in f.l.roadmoor S,m Clementu which axccixl:3 20 f~1et in height.

ARTICLE VIII
DUTIES Ali'D POWERS OP TI!E J\..S~OCI.l\.TIOU
Section l, rn addt'.:~_on to the duties atH'. cm1ers enumerated 1 .. ii its c,ri:·,cles and Ey .. Laws, or elsew.herc ,::,;·uvided tor her~in, and with on L limitinq tl:2 genera l.:Lties th(~:reof, the lu;sociation ,;hall:
{a} aaintain, or cause to be maintained, the
:dope areas mare particularlv described in Exhibit "B" {"Slope Control Al:eils") and :o.11 landscaping thereon, as 01:iginally improved by Developer, in a :H'at, safe, sanitary and orderly <;<.m·- dition (including the replc1cer1,,nt of landscaping whon neces.sarv or appropriate) and in such a manner as to enhance their appearm,ce and to pre servo established slope ratios, prevent eros:Lon and slid:Lng probleras, and facilitate the orderly discharge of water through established drainage sys te.rns i
(b} Enforce <::tH, provisions of this Llrcc1aration
by approprint:c~ ineans, incl\lding without limitation, the expenditure of fund:. of the Association, the mmloyment of legal counsel and" the commencement of actions;
(c) Main 1 .• i11n such L,:olicy or poLicies of insurance :,s t.i1e Boax.d of the J\::•; ,ation dec:1r1i, necesi,ary or des.ir,tbl.e in i'urthering the purposes ,)t and protecting l:h,~ interest,~ ,)f the Association rmd its Members; and
GARR143
Ex 16-15
132
BK 12246 6O
and maintain working capital and
contingency fund in an amount to be determined by the Board Section_2 Use of Agent The Board may employ man
ager or other percons and nay contract vfth independent con tractors or managing arefltS tO perform all or any part of the rIulies and rusponsbiiities of the Association provided that any contract with person or firm appointed as manager or managing ocment shall provide for the right of the Association to terminate the same at the end of the first year following the conveyance of the first Lot by Developer
Section Limitations The cost of any Slope Control
Area maintenance servccs caused by acts of God roL civil insurrection or by nay cause other than ordinary wear tear or deterioration shall be borne by the Owner for whose benefit the maintenance services were perforoed
The cost any Slope Control Area maintenance services
caused by the negligence or wilful misconduct of any Owner or his family members relativos nuests or invitees both minor and adult shall borne entirely by such Owner tio Owner shall provide or cause to be provided any of the maintenance services proviaerl by the Association
Section Entry The Association and its managers and
agents and oneloyces ll have the right1 after reasonable no tice and at reasonable hours to enter upon any Lot for the pur pose of perfoning itS duties and exercising its powers as Set forth in this Article VIII
ARrifLE IX
czsnorii
ton chnent Each Lot wi thAn Lhe Gri wino
Pt opc in heneby id have an easement over all adoin
irg property or the purpose accommodating any minor encroach sment dun to orig nnl ommgineorinm am surveying errors errors in original construction or settlement or shifting of buflding or other strUCtuic and for the purpose of maintaining such encroachmcn
Section Slope Control Area There shall be ciranted
to Lhe Asct t7 eanments over the Lots as more particularly shown and described in fbihiL for maintenance purposes as more particularly sot forth in Article \lIl Section 1a hereinabove Section deards
Creation of Easements Each Lot within the Orig nal rome Ly Thcept of Tract No 8597 shell have arm easement created thereon by grant or reservation six feet in width axtcnding from the front lot line to the roar lot line thereof as more particularly shown and described on the easement plan attached hereto as Exhibit iS and incnrporated herein by reference for the bene fit of the Lot including
of Tract No 8597 adjoining and abutting said easement
GARR1 44
Ex 16-16
253448
BK I I 224P6 60i
(d) E!'itablish and maintain a worJeing capital and
contingc:H,y fund in 2rn amount to be de!:ermincd by the Doard . .Se ct.ion -, Use ) f Aqcnt. The Board m., y employ a manager or: other [)er,,ons an,_: nay contract w.i. th indrq:Je:1dent contractors Ol' rnanag.i.nq agenu; to perform all or ;my part o! the autios a11d rcsponaibilitics of tl1ri Associatio11, provide,) that ,my contrc1ut 1.-1ith a pc!.t:[;on or fin>i appointed as a manc1qP1: or 1,1,,inaqinq ,19,.·int shal1 ~,!:ovide t:cn· the right~ ot the A~rnuciation to t.ermi.nate th(~ s,1111e at t:1e end of the first yc,u: following !:.he conveyance of: the fir .st Lot by Developer.
::0e,~tion 3. Limitar.ionr;., The cost of any Slope Control A:i.·eu m.:iintenance services caused bv acts of God, riot, civil insurrection or bv cmv cause other~ than ordinarv wear, tear, or det·crioration r:Lt,\"i be br_nn,, by the Ol•'ller for ',i!:os,:., benefit the mn.i:.1.ten;1ncc ser\ri:-:r;;s 'Wei:"J-• f1e.r.:.f:orr,1ed~ 'rho co1;;-:,; ,.f any .: :Gpci Contt'oL ,\rea rna.,.::t-.·11,,nce sc;:rvices caused by the negl ii;rence or wilful misconduct of any Owner, or his i:ami iy members, 1:elc1tivcs, guests or invitees, both Ni nor and adult 1 shall be borne entirely by such Owner. No O\,•ner shall provide cir cc1use i:::D be pr0vi,fod any of the mair,t':C~1c,:,ce services provided by the ~ssociatjon.
,";action 4. Entry. The Arisociation and its managers and a9ents ;:uiiJ r:nployees shall lrnve ttw right, after reason.1ble 110- t:i.ce ,:i.nd n t reasrnrnb1r" hours, t:o e1~ ter upon any Lot for Lhe purpos,1 ,1f performing its cl u-::: ies and exercising its cJc:1e:i: s as set fo.rth in l:h.i s Article VXI I.

AR'fICl,E IX
.S1:.:L r :.-1.t_-.1- 1cJ-1.:··:ent:. i·::dc'fl Lot v1i 1 ~·-l 11 tl1e Gr i<_1 i r~,;tl
Pn>L;'-" t:!::;' :~--i1oi-elry d, ,·: .u:nif to hi1V8 an e,isement over nl.J udjoinin'] 1.H·ope1·ty ::or the purpose of accomr.iocli:it.ing any minor e:1croachmm,1t, due to ori.g:i.11~1 engincwd.n'.J or survey~ng. errors, err:o~ 7 in or.1,p.11,d. constrnr'.·--~on, or. .~c cU.ement ur i,Juftl.n<,, '" a bu2.1u.tnq or other G t1:ucturc, and fur t!u'! purpose of maint,iining such oncroi1chmcn t.

Soction 2. Slop<:! Con l.:rol Area. The,;e shall be gx:anted l:o l.:he A,;,;oc1 ,1 t1on eils,~ments ov0r ti1e Lots as more particularly :,hnwn anrl (1cs cribed in Lx:hibi t "n" , for mil i.n l:cinance pnt·;,om'!S a.s more; p.:trtic1.1.larly sot foi:t:J, in Artiole VIII, Section l(a) hereinabove, Section J. Sid~yards,
(al Creation of Easements. Each Lot within the Original Pi:operty (except __ o s ~"-5"'7 _____ ,...-,,-,------,---- of 'l'ract !'lo. l.1597) ,·J,-: JT'°hiive tl:i i.'i'lnemcmt ,,1·e,1!'ed therr:0:1 by •p·,111t or ·,·,-,:~ervatio:1 '.: i :-: (6) fc,t)t i.n width 1 '-';,Lendinc ::rc,n the ,·x-on t lot J.:i.nc to t~:c: 1 ''"r lot: ., .int~ thereof', ,•t:, aore [Jdi. t.1.cular ly ;.;!lown nncl dc:cJ<.:ribed on °.Jie easumo.nt ._,Lrn att,u;;.hod he1:oto as Exhibit "D" and incorporited hArain ;y reference, for the bene1:it of th0 Lot (inclurling ~"'-,i'.'-S5 ;111("'"t~5'-7'--'""7"""2c.-_--,-___ _ of 'l'ruct No. 8597) ,,djoinimJ ,11v1 .:ibuti:1119 flilid r~ui.om0nt. -16-
GARR144
Ex 16-16
133
1224P 603
Terms arid Conditions of Use Each such easement
shall ho used and oyed subject to the following terms and conditions
The easement shall be used only as general
recreational and garden area by the Owner of the Lot adjoining and abutting the easement and each such Owner shall have the right to enter upon the easement area for such purpose Such purpose shall include the right of such Owner to construct upon the easement area an uncovered concrete patio and estab lish and maintain landscaping and irrigation system thereon provided such patio and system shall he first approved by the Architectural Committee The easement area and every part thereot including the drainage system established by Developer its successors and assigns as part of the grading and original construction upon the Original Property shall be maintained continuously in neat and orderly condition by such Owner ii The Owner of the Lot on which the easement is
located nhal have the Eight at reasonable times upon reason able notice and in reasonable manner to enter upon the ease ment area for the purpose of maintaining repairing or restor ing the structural wall of his dwelling the structure of which it is part and the fence owned by him which adjoin and abut the easement
iii stolaga of any kind shall be permitted on
the easement nor shall any object or device of any kind be af fixed to the structural wall or fence adjoining and abutting the easement without the prior written consent of the Owner of such uall or fence
iv Except for the fences and structures estab lished by Developer or its successors and assigns as pert of the original construction upon the Original Property and ex cept as authorized by Section hereinabove no fence or
other structure of any kind shall he constructed within upon or adjacent to the easement
lv No planting or other material or authorized structure including patios shall he constructed altered placed or permitted to remain upon the easement area which may change the direction of flow of the drainage system established by Developer or its successors or assigns as part of the grading of and original construction upon the Original Property or which may obstruct interfere or retard the flow of water through such system The Owners of each Lot within the Drip- thai Property shall have the right to use the drainage system established within the easement adjoining and abutting their Lots for the purpose of draining their Lots including atriums providad Lhat such right of drainaqe shall not include the right to discharge noxious or offensive matter vi No use of the easement shall he made except as provided hereinabove GARR1 45
Ex 16-17
263549
UK I I 224P6 603
(b} 'rcnns awl Conditions: of llse. Each ,;uch •::asement shall be used ;:rnd ,,n)O'.,'<c;d subject to the following ter1:.s and conditions:
(i) The easement sha1l be used only ,u!I it general recr,.c!ational and garden: dX<::Ja by the Owner of t!1P Lot adjoining and dbutling tlH! eai;en,ent, and i~ach such 01..,ner shall have lhe right to ,mter upon the. easement area for such purpose. Such purpose shall include U:a right of. such 0\-mer to (a) construct upon the ('!asement area an uncovered concrete patio and (b) estabLitsh and 111aint,i:i.n " landscaping and irrigation system thflreoni provided such patio and system sh,:tll be first approved by the Architectc,ral Committeaa. The easement area and every part tJ1ereof 1 includint; thf L·aitiiH/e system estahl ishec: by Developt~r, tu successors arni ass,rp\s, .-u, part o.f che gi.:.,Hlinq ind ,)riginaJ construct~on upon the O~iginal Property, shall be maintained contimiously in a neat and orderly condition by such O1•me1·. (ii) The Owner o.f the Lot on which the ease1:1ent is
located shal1 have the right, at reasonable times, upon reasonable notice and in a re3sonable ·manner, to enter upon th.c:, easement axe?. for the purpose of maintaining, repairing or restoring t.he structural wa11 • of his dwelling, the structure of which it is a p.art, and the fence owned by hlm which adjoin and abut the e;;1sernent, (iii) Li/o stcra~1e of any kind shall be permitted on the easement, .nor shall. any object or device of any kind be af- fixed to the structural wall or fence adjoining and abutting the eas<'!mrn1t without the prior written consent of the Owner of such wall or fence.
(iv) EKcept for the fences and structures estab1 i t;hed by Dc,v,,~lopr~:r, o,· its c;uccessors and a1~1,·igns, as D,"lrt oC UH: ol·i9inal consl:ructic1n up<m the.:! 0ri9inal Property, and except as ,wc:horized by Section (bl {i) l1ereinabove, no fel'1:ce or .,J:her :;tructin.:e o!: any ':lnd :;hall b::1 conrc,truc:tc,.,d w1.thin 1 upon or adjacent to the easc"'\ent.
(v) No iJLrnti,:11 or t.)ther mate1:·L,l 01: autr:o:·ized ,;t:ructuro (including p,,tios) shall be constructed, 3.ltered, placed or 2ermitted to remain upon the easement area which may change the direction of flow of the drainage systeI"' established by Developer, or its successors or assigns, as par:: of the grading ot and original construction upon the Original Property or which muy obstruct, int,n:fer,::i or retard U1e f: 1.ow of: wat(~X' thr0Ut/h such system. 'l'he Owners o.t each Loi: within the ()rig~ inal Property ,1hall have the right to use the dr<'.inage system establislmd within the easement adjoining ;;ind abutting their !,ots for the purpose of droining their Lots (including :1 triurns); provid,~d that such Li.c,rht, or drainage shall not i.nc,ludc the right to discharge noxious or offensive matter.
(,;j) N,i use of thr! oas,!11wnt c;ilall
,1s provided hereinabove. •
GARR145
Ex 16-17
134
224 604

ARTICLE
GhNEEAL PHOVIS IONS
Section Duration The covenants conditions and
restrictions of this Declarntion shall run with and bind the real proporty within Broathnoor Sari Clomente and shall inure to the benefit of and be enforceable by the Association or the Owhnrs mci ucling Developer of any Lot subject to this Decla ration their respective legal representatives heirs sueces scm and assigns and are imposed upon the real property with in Broadmoor San Clernente servitude in favor of each and every parcel of land therein as dominant tenement for term of twenty 20 yearn from the date this Declaration is recorded after which time said covenants conditions and restrictions shall be automatically extended for successive periods of ten 10 years unless an inStrument signed by majority of the then OwneLs of the LoLs has been recorded witfi the Orange County Recorder agreeing to change said covenants conditions and restrictions in whof or in part
Section_2 Amendment The covenants conditions and
restrictions of this Decaration may be amended by an instrument in writinq signed by no less than the Owners of threefourths 3/4 of the Lots provided that Article VII Section 22 of this Declaration shall not be amended without the consent of the City councrl of San Clemente and provided .turther that until 1980 Article II hereof may not be amended without the consent of Developer Any amendment must be properly recorded
Section_3 Notices Any notice required to be sent to
any Member or Owner under the provisions of this Declaration shall he deemed to have been properly sent when mailed postage prcpaid to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailingS
Section_4 Enforcement Violation or breach of any
covenant corid3iilion or restriction herein contained shall give to the Devotopcr so tong as it is an Owner of at least twentyfive percent 251 of the tots or the Ilssociation the right to enter upon the procerty upon or as to which said violation or breath cxint nd to sumulaLily abate and romove at the ex pense of the Owner thereof any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions harcot and/or shall give to the Association or the Owner of any Lot including Developer the right to prose cute proceeding at law or in equity against the person or per sons who have violated or are attempting to violate any of these covenants conditions or restrictions to enjoin or prevent them from doing so to cause said violation to be remedied or to re cover damages for said violation The result of every action or omission whereby any cove nant condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute nuisance and every remedy allowed by law or equity against an Owner either public or private shall be applicable against every such result and may be exercised by the Association or any Owner including Developer subject to these restrictions GARR1 46
Ex 16-18
273650
AR'l'ICLE X
GENERAL J?ROVISIONS
BK I I 224r6 604
Soction l, Duration. The covenants, conditions iuu:1
restrictions of this Declaratimt shall run with and bind the real property within Broadmoor San Cl<;imenl:.e, and .shall inure bo the benefit of and b~ enf.o:t:ceable by the Association, or the Owhcu:s, including Developer, of anY. Lot subject to this Decla~· rntion, their respective legal representatives; heirs, successors, and assigns, and are imp(.>sed upon the real property within. llroadmoor San CJ.emente as a: servitude in favor of each·and. every parcel of land therein as a dominant tenement, for a term of twenty (20) years from the date this Declaration is recorded, ufter '"'hich time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument, signed by a majority of the then Owners of the Lots, has been recorded with' the Orange County Recorder, agreeing to change said covenants, conditions and restrictions in whole 01· i.n part.

Section 2. Amendment. The covenants, conditions and
restrictions of this 75eciara tio r1 may ba amended by an instrument in writing signed by not less than the owners of three-fourths (3/4) of the Lots: provided that Article VII, Section 22 of this l)eclaration shall not be amendc.d without the consent of the City Collncil of San Clemente; and pr.ovided further that until 1980, Article lI hereof may not be ,1mended without the consent of Developer. Any amendment must be properly recorded.

Section 3. Notices. l\t'\Y notice required to be sent to any Member or owner und~r the provisions of this Declaration shall bo deemed to have been properly sent when mailed, postage , to the last known address of the person who appears as t-lc~rnbm: or Owner on the records of the Association at the time of such mailing. •
Section 4. Enforcement. Violation or breach of any
covonant, condition or 1.:estriction herein contained shall give to the Developer, so long as it is an Owner of at least ·twenty- !'.ivG percent (25t) of the t:.ota, or the Association, the right to cmter upon the property upon or. as to which said violation or bren1::h exist.1 and to '!.ntmma1::ily abate and remove, at the expen:1e of the owner thereof, any s.tructure, thing or condition that may exist thereon contrary to the intent and meaning of the provisions hereof, and/or shall give to the Association or t.ha Owner of 111w Lot, including Developer, the right to prosecutn a proceeding at law. or in 0quity against the person or persons who have violated or ure atte.mpting to violate any of these covenants, conditions or restrictions to enjoin or prevent them frmn doing so, to cause .said violation to be remadied or to recover damagos for said viol.a tion.

The result of every action or omissio1\ whereby any covenant, condition or rcstr:iction herein contained is violated .i.n whole or in part is herepy declared to be and to constitute. a nuirn:rnce., and every remedy allowed by law or equity against an Owner., either public or private, shall be applicable against ev1:iry such result and may be exercised by the Association or any Owner, including Developer, subject to these restrictions.

GARR146
Ex 16-18
135
224 605
in any legal or equitable proceeding for the enforcement cv to restrain the vioition these restriof inns or any pro visions hcveof the losing party or parties shall pay the attor neys feos of the prewdiling party or parties in such amount as may he fixed by the court in such proceedings All remedies pro vided herein or at Low or in equity shall ho cumulative and not exclusive
Failure by the Developer the Association or by any
Owner to enforce any covenant condition or restriction herein contained shall in no event be deemed waiver of the right to do so thereafter
Section Scvlit Invalidation of any one
those covnnants conTtions or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effeet
Section Broach of Restrictions Easements Condi
clone Covenants and Reservs.Areach of any of the ye
easements con itions covenants or reservations
herein contained shall nat defeat or render invalid the lien of ny mortqaga or deed of trust made in good faith and for value as to the Lot or portion of the Lots in Broadmoor San Clemente hut said restrictions easements conditions covenants and ye servations shall be binding upon and effective against any Owner thereof whose title thereto is acquired by foreclosure trustees sale or otherwise
Section dins Section headings are inserted for
concnieff lony and are not intended to be part of this
document or in any way to define limit or describe the scope or intent of the particular section to which they refer Section Singular includes Plural Whenever the con
text of Ehis DdiaraETi requires simm the singular shall in clude the plural and the masculine shall include the feminine Section Construction The provisions of this Decla
ration sYIETtiberall to effectuate its purpose
of creating uniform nian for the development of residential community as aforesaid
Section 10 Obligation of Owners nd Members The terms
and provTsions set fohl this Declaration are binding upon all Owners of all Lots the Association and all Members in the Asso ciation In addition both the Member and the Lot owned shall be subject to the terms and provisions of the Articles and By Laws of the Association
Each Member shall cause the Association to exercise all of the powers and privileges and perform all of the duties and obligations of the Association as Set forth in this Declaration the Articles and By-Laws
Section IL Construction by Developer Wothing in this
Declaradoxi siITlimi ELe righto Developer to commence and complete construction of improvements to Broadmoor San Clamente or to altar the foregoing or the Lots or to construct such addi tional improvements as Developer deems advisable prior to the completion and sale of the entire Broadmoor San Clemente This Declaration shall not limit the right ot Developer at any time GARR1 47
Ex 16-19
283751
In any legal or equitable proceeding for the enforcement or to r(!strain the violation of these restrictions or any provisions hereof, -the losin!J party or parties shall pay the a.t.torneys' fees of the prevailing party or parties in such amount as . may be fixed by the court in such proceedings. All remedies pro,.. vided hare in or at law or in equ.i t.y shall be cumulative and not exclusive. • •
Failure by the Developer, the Association, or by any
Owner to enforce any covenant, oond:i.tion or restriction herein contained shall in no event be deemed a waiver of the right to Qo so thereafter,
Section 5. Severability, Invalidation of any one of
these covenants, conditions or restrictions by judgment or court order shall in no wise affect any other provisions, which shall remain in full force and effect.

Section 6, Breach of Restrictions, Easements, Conditionn, Covenants and Reservations. A breach of any of the re;. strictions, easements, conditions, covenants or reservations here.in contained shall not defeat or render invalid the lien o.f any mortgage or deed of trust made in good faith and for value as to the Lot or portion of the Lots in Broadmoor San Clemente, but saj.d restrictions, easements I conditions, covenants and reservations shall be binding upon and effective against any owner thereof whose title thereto is acquired by foreclosure, trustea 1 s sale or otherwise.

Section 7. Hea«;lin9:s. Section headings are inserted for convenience only and are not intended to be a part of this document or in any way to define, limit or describe the scope or intent of the particular section to which they refer.

Section 8. Singular Includes Plural. Whenever the context of this Oec:laratl.on requires same, the singular shall include the plural and the masculine shall include the feminine, Section 9. Con!,ftruction, The provisions of this Declaration sfiall 6e liberally construed to effectuate its purpose of creating a uniform plan for the de:velopment of a residential community as aforesaid.

Section• 10. Obiigation of Owners and Members. The terms and provisions set forth ln this Declaration are binding upon all owners of all Lots, the :Association, and all Members in the Association. In addition, ~oth the Member and the Lot owned shall be subject to the terms !and provisions of the Articles and ByLaws of the Association.:

Each Member sha~l cause the Association to exercise all of _the powers and privi~eges and perform all of the duties and obligations of the Assoc.iiation a.s set forth in this Declaration, the Articles and By-Laws.

Section ll. Construction b~ Developer, Nothing in this
Declaration shall limit fthe right o Developer to commence and complote construction of improvements to Broadmoor San Clemente or to alter tne foregoing or the Lots or to construct such additional improvements as Developer deems advisable prior to the completion and sale of the entire Broadmoor San Clemente. This Declaration shall not limit the of Developer at any time GARR147
Ex 16-19
136
WII224G 6C6
prior to acquisition of title by purchaser from Developer to establish on any Lot additional licenses reservationS and rig1iLsotwey to itself to utility companiesr or to others as may from time to time be reasonabi necessary to the proper development and disposal of Broadmoor San Clomente
ARTICLE Xl

ASS XOWMENT OF POWERS
any or all of the rights and powers and reurvnLionS of
DevefopLr herein contained may be qranted conveyed and assigned to any other corporation or association or person which is now organized or which may hereafter he organized and which will as sume Lhe duLies of Dovelopo hereunder partaininq to the partic ular rights and powers and reservations granted conveyed and assigned and upon any such corporation or association or per son evidencing its consent in writing to accept such grant conveyance and assignment and assume such duties it shall to the extent of such grant conveyance and assignment have the same rijhts and powers and be subject to the same obligations and duties as are given to and assumed by Developer heroin and thereupon Developer shall be relieved of the pertormance of any further duty nd of any further obligations heisunder

ARTICLE XII
If the City council oe the City of San Clemente City
reasonably determines at public hearing held after not less than Len 10 days prior wtitten notice to the Association that the Association has failed to perform any ot its duties under the Declaration the City shall have the right but not the obli qation to thereafter assume the performance of any such duty until such time as the Association demonstrates its ability to reassume such eorformance provided however that the City shell not exercise any of the rights granted under this Article XII unless after giving to the Association written notice of its determination that the Association has failed to perform its duties under the Declaration the Association does not cure such failure within thirty 30 days from the date of receipt by the Association of said notice In connection with any such performance by the City it may exercise any of the rights and powers granted to the Association under this Doclaration The reasonable costs Costs of any such performance
by the City shall he borne by the Association provided how evei that In the event such Costs are not paid to the City by the Association within sixty 60 days after the City has fur nished to the Association statement therofor the City shall have the right but not the duty to levy and collect uniform assessment against each Lat within Droadmoor San Clemonte to cover the Costs Any such assessment shall be governed by the provisions of Articles IV and of the Doclorution
IN WITNESS WhEREOF Droadmoor homes Inc the Developer
GARR1 48
Ex 16-20
293852
BK I I 224PG 606
prior to acquis.ition of title by a purchaser from Developer to dstabl ish on D.ny Lot additional licenses, rcserva tions and :dght.1:1-0£-way to itself, to utility compa.nies, .or to others may from time to time be reasonably necessary to the proper development a.nd disposal of Broadmoor San Clemente.

ARTICLE XI
ASSIGNMENT OJ:' POWERS
Any or all of the t·igh ts a.nd power a and reserva t.ions of Developer herein contained m.:i.y be granted, conveyed and assigned t.o any other corporation or association. or person ·which is now organized or which may hereafter be orgnnized a1~d which will t1ssume the dutil!!s of Developer hereunder pertaining to the particul,a: rights and powers and reservations granted, conveyed and assigned; and upon any such corp1nation or association or person evidencing its consent in \-.rriting to accept such grant, conveyance and assignment and a;sume such dutiest it shall, to the extent of such grant, conveyance and assignment, have the same rights and powers and be subject to the same obligations a11d duties as are given: to and ::uis1;,mad by Davaloper herein, aiid thenn1pon, Developer she,.11 be relieved of the performance of any further duty and of ,any furth~.r obligations hereunder.

ARTICLE XII
POWERS OF CITY OF SAN CLEMEN'tl?
If the City council of the City of San Clemente ("city 11 ) reasonably determines at a public hearing held after not less t.ban ten (10) days I pr:i.qr written notice to the Association that the Association has fa.i\ecl to perform any of its duties under the Declaration, the City shall have the right, but not the obligation1 to thereafter assume the performance of any such duty until such time o.s the Association demonstrates it::s ability to rcassume such performance; provided, however, that the City shall not exercise any of the rights granted under this Article XII unless, .after giving to the Association written notice of its determination that the Association has foiled to perform its duties under the Declaration, the Association does not cure such fail.t.u::e within thi~ty {30) days from the date of receipt by the Association of said notice. In connection with any such performance by tho City,: it may exercise any of the rights and powers granted t:o the As,socia tion under this Declaration. '.l'he reasonable ~osts ("Costs") of any such performance by the City shall be bot.inc by !:.he Association; provided, however, that in the event ;such Costs are not paid to tho City by the }\saociation within sixty (60) days after the City has furnishod l:o the Associu tio:n a statement thcrofor, the Cit:y shall have the right, but not :the duty, to levy and collect a uniform aiu1essmcnt against each iJ:.ot within Broadmoor San Clemente to cover the Costs. Any such assessment shall be governed by the provisions of Ar:ticles lV and V of the Decla.ration,
IN WITNESS WIIEUEO~' 1 Broadmoor Somes, Inc,, the Developer GARR148
Ex 16-20
137
BXI I224P 607
herein has caused ita name to be hereunder subscribed the day and yPar first above Written

BROADMOOR HOMES IUC
California corporation
By
Its
Its
GARR1 49
Ex 16-21
303953
BX I I 224P6 607
hereili, has caused its: name to be hereunder subscribed the day and year f~rst above written,
BROADMOOR HOMES , INC • ,
a California corporation
By~-
I t.s St>c•reton'
-?.l-
..

GARR149
Ex 16-21
138
x1 224PS 608

STAFE OF CALIFOENIA

COUNTY OF ORANGE
On before me the undersigned
Wotary Public in and ior said State personally appeared known to me to
be the and
of BROADMOOR hOMES INC the corporation that executed the within instrument known to me to be the persons who executed the within instrumcnt on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or resolution of its hoard of directors
WITNESS my hand and official seal
EL7ARETU WEIDMAN iiqotary Public
QTF
JOPALPj5
OXer
GARR1 50
Ex 16-22
314054
STA'l'E OE' CALIFORNIA
COUHT'l OF ORANGE
L'C '""
BK J J 224PG 608
On ..- l\lJCJl'"'l· J C-l.'l1'L._,-.,__, befo:r:e me, the 1mde:i:·s i.qned, a Notary l?ubl1.c .u1. ana for ,:;?ud State., personally appeared ,.-........,..,..... ......... l.-,'.1~,ir.em::c B. Uzo(·te uid r,, p omyx:d , known to me to be the ___ .:li_cc l:rps;Jden1· ,ui.d _..se:;~1'!---------~-- \Jf BROADMOOR HOMES, INC,, the corporation that executed the within .instrument, ki:cwn to me to be the persons who executed the wi th::.n instrument on behal of the therein
named, and acknowJedq.,d 0:0 :it~ that !,Uc!1 corpor:atio:1 executed the within :Lns~rument pursuant to it;1 by-laws or a resolution oi bo,:, <)t d:rect.o:

WI'l'N;';r;s my hand ,md official seal.
'NEIDMAN NorARY f'lHJti~~Ci\tfF{H<-"ltA
fl.RH-,r<;tF'AL OfPl~E 1_·; •
('.lq,'H,J.C:11! G,JlJ~HY
Ccmini~s>v-n Exp!t•J·!] Aiift, :J. 19; S
GARR150
Ex 16-22
139
Bffl224 609
The undersigned beneficiary
under that certain deed of trust recorded ________ 197 in Dook///d4 Page IiIqi/ Official Records Oraje County Californi7ereby consents to the within Declaration of Covenants Conditions and Restrictions for Broadmnor San Cleniente and hereby subordinates th lien of said deed of trust to the provisions con tained herein California corporation
ByIts
Its

STATE OF GALIFORNIA
COLThITY OF
On 1974 before me the undersigned
Notary Public iand for said County and State personally appeared own to me be the
nd
knpjn to me be the of
______ __________________ th norporatian that
cxife the within instrument and 1nown to me to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that said corporation executed the within instrument pursuant to its By-Laws or resolution of its board of Directors
WITNESS my hand and official 9041

OFCL SCAL
flY I-i MO$R
jNOTAflY PUlC CALIF NIA
arANct cJuNrv
My Coun ExprtJw 3O 976
23 GARR151
Ex 16-23
324155
8K I I 224rri 609
The undersigned, d~D c::;4!..l,'~VM ~ , beneificiary
under that ce.rta.'~n deed of trust recorded, ,,?,14~/ ?if. , 197f/, in Book 111.1/5 , Pnqe /H'f4 , Official Records, Orai?ge County, California;-nereby consents to the within Declaration of Covenants, Conditions and Restrictions for Bt·oadmoor San clamcnte 1 ai,d hereby subo.rdinal:.es the lien of said deed of trust to the provisions con- tained herein.

STA'rE OF C}\LH'OPJ,Hll
COUNTY OP c::.kA>;V-'~
On /4&/4Sr /{, , D74, before me, the undersigned, a Notary Public J..p_,and £or said Cwunty and State, personally ap!;ear1;d if.O. T1~R/./..V....-.n-.4 . . _!g;iown to me .~o be the -~df>.~ ·'? _ ,,- a,.:.l:-d ..c: .. ,-'✓.:, ;z v--:?;;-~~ k~p),rn to me ):.-0 e l:11e ./2 _"$d'T;__~~e,e.,:;-:r;;,,;,,1111/ . . .. · . . ... _ of ~ {~Y 1:r:.6-= ?-~EU.; ,c>,v,•~ME-1 ,e:;.,;:;,'V's:::; , t::1e/ho rpor J ti on that executed the within instrument, and known to me to be the persons who executed the w.ithin instrument on behalf. of said corporation, ,rnd ack1:011l,c',d,,;ed me l·hat :mid co1::pora.ti.on ,;;-:ecut:c,d thEi within instn,r!lent pursuant to its By~Laws or a resolution of its Bo,:1rd of Directors.

WI'l'NT::ss my hal1d and
f,itlflt,llll:'Nl·H• H'f I HIIUHltl i tr• l•l•n•II M •;, • • ~ ......... ~' HctlH 1'111411~,, ; , OFFICIAL SEAL i ! ~i . ' ll€TT1' fl. MOSfill !
j ~ , _ NOTAf1Y PUDUC- CALIFJfH-1111 I
i ''·"· ,,,... Of;A;,(;£ C,JUNfY I j My t:omrttlul:,n ExpircJ Jon, 30., 1 W6 j t,, • .,. ••• ,,~ f lf'ii'• • ,_.,,.,, UI ~ ~ • • ~'> ~-. ...... • '"-" • <-< •·lllilitl•lr"""""~' I ij,i,lfl' -23-
GARR151
Ex 16-23
140
BXU224P LW RXHfl3IT
That portion of Sectton 28 and 33 Township South Range West in the City of San Clemente County of Orange State of California as per an Official Plat filed in the District Land Office January 1874descrihed as follows Beginning at the Northerly teroinus of that certln course shown as ll 151 17900 feet in the Northwesterly line of Lot 180 of Tract 110 898 as per map recorded in Book 28 pages through inclusIve of lliscellaneous i4aps in the office of the Counly Recorder of said County said point of beginning also being the Northerly terninus of that certain course shown as 11 15 001 17900 feet in the boundary of Tract No 5655 as per nap 10 recorded in I3ook 209 pages thrnugh inclusive of said Niscellaneous Naps thence along said Northwesterly link 83 26 21 262.07 feet to an angle 12 point in said Northwesterly line thence along the Northerly line of said Tract No 899 the Eel lowing courses 83 261 21 10000 feet Fl 73 41 29 14 29706 feet 68 41 3211 318.06 feet 52 57 12 51978 feet and 15 56 42 17 40283 fedt to the Most Northerly corner of Lot 118 of said 16 Tract No B9B thence along the Easterly line of the land described in the deed to San Clanente Scoo1 District recorded on March 14 1962 in Book 6033 18 cage 213 of Official Records of said County the following courseS 22 04 42 232.00 feet 32 501 37 35111 feet and 57 10 461 20 31754 feet to the Southeasterly line of the land described in the deed to 21 Visbek Industrial Park aCorporation recorded on December 12 1960 in 22 Book 5544 page 471 of said Official Records thence along said Southeasterly 23 line 51 21 15 43892 feet and 45 13 14 1502.03 feet to the boundary of Tract Mo 5691 as per reap recorded in Book 209 pages throuch 12 25 inclusive of said Iliscollaneous Uap thence along a1d boundary the following 26 courses 84 451 46 28.02 feet Southeasterly and Southerly along 27 tenpent curve concave Southwesterly with radius of 11700 feet through 28 central angle of 108 03 19 distance of 22065 feet Southwesterly along 29 Paqelof2
larch 29 1974
30 l73-45/JKSpai
L92 OR
31 Rev April 1974
it
GARR1 52
Ex 16-24
334256
( )
DK I I 224PG 610
EXHUUT 11A"
That portion of Sections 28 and 33, Township 8 South, Ranga 7 Hest ·in the 2 City of San Cler.ientet County of Orange, State of California as per an Official

3. Plat filed in the District Land Office, January 1. 1874,·described as follows:
4 Beginning at the llortherly terminus of that certain course show11 as , "S ll"' 15 1 E 179.00 feet 11 in the tlorthi·iesterly line of Lot 180 of Tract !lo. 898, & as per 11'.ap recorded in Book 28, pages l through 4 inclusive of 11iscellnneous 7 • in the office of thn County Recorder of said County said point of 8 beginning also being the tlortherly terminus of that certain course shown as 9 11S 11° 15' 00" E 179.00 fnet" in the boundary of Tract tto. 5655 .;,s per l'lnfi 10 recorrled in Boo!: 209, pages 5 through 8 incfusive of said :liscollaneous l!aps; 11 thencr: alo11g said Northwesterly line ti 83° 26' 21 u H 262.07 feet to an ,rn~la 12' point in said tlorthwesterl!y line; thence along the Northerly line of said Tract 13 Ho. 898 the following courses: N 83" 26 1 ~!1 11 W 100,00 feet, fl 73° 41 1 29" \J 14 297.06 feet, tl 68" 41' 32'~ W 318.06 feet, ti 52° 57 1 1211 14 519,78 feet and 15 N 56° 42' 17'' W 402.83 fe~t to the most Northerly corner of Lot nn of said 16 Tract no. 898; thencr. along th~ Easterly lir.e of the land ril"!scriberl in the ll dcm<I t.e San Cla.1ent~ Scnoo'l Distrkt, recordf.!d on March 14, 1962 in I.look 60.:m, 18 pa(Je 213 of Official Recotds of said County the following courses:
19 !I 22° 04 1 42" E 232 .08 feet, ii 32" 50' 37" " 361. 11 feet and II 57° lO' 46" H 20 317,54 fflet to the Southeasterly 1ine of the land described in the r!ec<t to 21 Visb,'f!k Industrial Park, ai Corr,oratior1) rt?corrled on !leceMber 12, 1960 in 22 Book 5544. page 47l of saia Official RP.cord!i; thence along saio Soutliirnsterly

23. linr. rt 51° 21 1 15" E 438.n feet unrl rt 45" 13 1 14'1 f. 1502.03 feet to the 21+ boun,fory of Tract llo. 5fi91 as por map r~corded in Rook 209. pages 9 throur,h 12 25 in,-;lusive of said !\iscr!llaoeous !laJ'lS; thP.nce along said boundary the fol fowing 26 coursns: S 84" 46 1 46" E ~8.02 feet, Southeasterly and Soutl,erly along 11 27 t,rnpe11t curvP. concave southwestnrly with t1 ra<lius of 117 .on feet thr<,ugh a :
28 c1rntr11l angle of 108° 03' Jg'' a distance of 220.65 feet, Southwesterly alon9 a 29 JO
31 Paga 1 of 2
March 29, 1974
173-45/JKS;paj
l92, 08
Rev. April 9, 1974
GARR 52
Ex 16-24
141
tl I224P 611
confound curve concave hortliwesterly with radius of 22000 feet through central angle of 25 43 20 distance of l025 feet tangnnt to said curve 49 59 53 15889 feet Southwesterly along tangent curve concave Southeasterly with radius of 330.00 feet through central angle of 40 59 31 distance of 23610 feet tangent to said curve 19 10 22 Il 286.07 feet Southeasterly along tangent curve concave Northeasterly with radius of 21000 feet through central angle of 70 011 36 distance of 256.66 feet tangent to said curve 61 01 14 18141 feet Southeasterly along tangent curve concave Southwesterly with radius of 48500 feet thrnuh central angle of 19 52 54 distance of 16830 feet Southeasterl along 11 reverse curve concave Northeastorly with radius of 695.00 feet through 12 central anglo of 19 53 26 distance of 24127 feet tangent to said cuvo 13 61 01 45 163.37 feet Southeasterly along tangent curvo ceecavc North 14 easterly with radius of 470.00 feet through central angle of 33 10 18 15 distance 27211 fret and tangent to said curve 85 47 56 10457 feet to the boundary of sai.1 Tract lb 5055 thence alcng said heundary the following coirsOs 85 47 55 7.12 feet 18 24 02 55507 fret Southerly end iB Southwesterly along tangent curve concave Westerly with radius of 6000 19 fACt through central angle of 93 49 14 bistance of 96.25 feet tangent to 20 said curve 75 25 12 4285 feet Southwesterly along tanrent curve 21 concave Southeasterly with radius of 44200 feet through central angle of 22 56 19 27 distance of 43450 feet tangent to said curve 19 05 45 23 121.22 ent Southerly alone tangent curve concave Easterly with radius of 242.00 feet through central angle of 35 51 10 distance of 151.43 feet 25 anl lecient to said curve 15 45 25 11960 feet to the point of beeirnlno 25 EXCEPTIIjg TIlEREFRUfl Lots 85 86 and Lots and 1fl of Tract l1 597 as 27 per on recorded In Rook pages to it inclusive of Hisceflaneous imps lB records of said 0ranq County
Page of 29
llarch 29 1974
30 l7345/JKSj
L92 09
31 Rev April 1974
32 GARR1 53
Ex 16-25
344357
( )
BKI I 224PS 6 I I
EXHIIUT "A"
crJripound curve conc,we llorthwestcrly with· a radius of 220.CJO fr-et through a .2 central .angle of 26° 43' 20,; a distance of 102,61 feet., tan,:;ent to said Cln'\'!! 3 S 49° 59' 53" fl 158.39 feet, Southweste1•1y along a tangent c.urve concavo Ii Southr:asterly with a radius of 330.00 feet through a central angle of 5 40-0 59' Jl" a distance of 236.10 feet, tangent to said curve S 09° 00' 22" W 6 286.07 feet, Southeasterly along a tangent curve concave Northeasterly with 7 a rndius of 210.00 feet through a eentral angle of 70° 01' 35• a distance of 13; 256,66 :'eet, tangent to sairl curve S 61° 01' M" £ UH .41 feet, Southcilst~!l'ly 9 10 11 central angle of 19" 52' 54" a distance of 168.30 feet, South,,asrnrl." along ll a r!"!verse curve concav~ /lor:ileasterly with i\ radius of 1195.0fl ff!et ~hrough a 12 central angla of 19° 53' 26" a distance of 241.27 feet, tangrrnt to s,,1d curvr:
13 S 61" OP 1\6" £ 161.37 fedt, Southeasterly alnr.g a tarnJP.nt curve concnVP Northwith a radius of .470. on fim t tbrout7h ,1 centr,n a119la of 33° lO' 18" a IS dist.inc,, of 272.11 feet and tan1ent to said curve fl 85° 47' 56" E 104.'17 font 20 sai<I curve S 75 9 25' 12'' \f 42,85 feet, Snuth11esterly alonl} a t;ir.rent curve 21 concav,i Southeasterly ·rdth: a radius of 442.0fJ feet through II centril:l an!llr. of 22 56" 19' 27" a distance of 434,50 feet, tangent to sate! cnrv" S 19n OS' 45" 14 1) 121.22 :·eet, Southl!rly illonn a tan11cnt curve concave Easterly with ,1 radtus. of 24 242.00 fe~t through ii centrnl ;:ingl,2 of 35"' 51' 10" a distilcncr: of 151.43 feot 25 an,! Lil<11ent to said c~rvc S 16" 45' 25 11 E ll9.60 feet ti, thi: point of beoinnin9, EXCEPT!t/G THERlffROB L;j.;s 85, 86 and lots ''A" and "fl'' of Tract Ito. flfl97 ilS 27 per r:11n rPcorded 1n !look 3li4 , f)il!J!!S 7 to 11 inclusiVP. of Hiscell<1ncous /laps,

2.D r~con!s ot soi rl Oranqe County,
29 JI)
)1