From:
To: Atamian, Adam; Hall, Andy
Subject: Fw: Delicada Tree Height Non-Compliance with March 18, 2024 Council Directive Date: Monday, January 5, 2026 7:02:19 PM
Hi Adam
I sent this email to each council member.
If Staff is going to present a resolution for Jan 20, is it possible for Felicidad to review and provide input?
Let me know if you have any questions or need additional information.
Thanks,
Reva Wright Buck
Sent from Yahoo Mail for iPhone
Begin forwarded message:
On Monday, January 5, 2026, 11:40 AM, reva.wright wrote:
Dear Mayor Loeffler,
Happy New Year, and thank you for your continued attention to the long-standing tree height enforcement issue on Calle Delicada. I am writing to respectfully request that the City assume enforcement of the 17-foot tree height limit, due to the Broadmoor HOA’s limited and inconsistent enforcement of this City-imposed condition.
For over 30 years, Broadmoor complied with this objective height restriction, which the City imposed as a Condition of Approval tied directly to concessions Felicidad made to enable the houses on Delicada to be built. At the time of approval, Felicidad acted promptly and in good faith in reliance on this condition, which was a material term of the City’s approval of the development. The City further required Broadmoor to incorporate this condition into the Supplemental CC&Rs specific to Delicada at the behest of Felicidad, as an additional protection.
Around 2015, Broadmoor abandoned enforcement altogether and has since asserted that because Felicidad is not part of the HOA, Felicidad homeowners have no right to expect compliance, despite the restriction being a City-imposed Condition of Approval.
Over the past 14 months, the Council has granted three City enforcement pauses to allow voluntary compliance by the Broadmoor HOA. Some progress has been made, however, new violations have emerged, and Broadmoor has taken no proactive enforcement action.
Every abatement has only occurred after City intervention or repeated complaints from Felicidad. Broadmoor has also attempted to recast this as a subjective “view” dispute, despite the height limit being clear, measurable, and uniformly applicable, a point confirmed by the City’s own planning correspondence.
As of today, a Delicada park area and five private properties, remain out of compliance, accounting for more than 30 violations including new growth. Selectively pruning or thinning, rather than reducing trees to the required height, does not constitute compliance.
The summary below documents the current Delicada violations, including the affected properties, and the dates they were reported to the Broadmoor HOA, 8 to 11 months ago.
While Felicidad has reported violations for many years without resolution, these dates reflect the first submissions made under Broadmoor’s internal process, which the Council required Felicidad to follow beginning in November 2024.
The Council’s March 18, 2024 directive that violations be abated expeditiously, on their face, and without Broadmoor’s subjective assessment has not been met, and the burden continues to fall on Felicidad.
The risk to the City is not in enforcing its own conditions, but in allowing a Condition of Approval to be disregarded through repeated delays, inaction, and ongoing noncompliance.
Doing so undermines confidence in all negotiated agreements. Felicidad has acted in good faith throughout. As a non-HOA community without legal representation, we rely on the City to uphold its approved conditions.
When this matter returns on January 20, we respectfully urge the Council to assume enforcement authority for the Delicada height limit. Broadmoor’s long-standing nonenforcement has imposed an unreasonable burden on Felicidad and demonstrates that voluntary compliance is not sustainable.
We also ask that Felicidad homeowners be included in the development of any long-term, City-led enforcement framework, so that the process is reasonable, transparent, consistent and not defined solely by Broadmoor. The current requirement that Felicidad repeatedly allow Broadmoor representatives onto our properties for “view assessments” is intrusive, and inherently unworkable as trees never stop growing.
Thank you for your time, consideration, and continued commitment to fairness and accountability.
Reva Wright Buck