City Council

F. PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN\nCLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN\nCOVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)\nPublic Hearing to review the Covenants, Conditions and Restriction\n(CC&R) violations and determine whether the City of San Clemente shall\nassume enforcement duties as permitted under Article XII of the\nBroadmoor Homeowners Association Covenants, Conditions and\nRestriction (CC&Rs). Should the City take on enforcement\nresponsibilities, the reasonable costs incurred, including reasonable\nattorney fees, may be assessed to the Homeowners Association,\npotentially leading to a uniform assessment against each lot within\nBroadmoor San Clemente.\nStaff Recommendation\n1. Open the public hearing, receive public testimony and comment, close the\npublic hearing.\n2. Determine that the Broadmoor Community Association has failed to\nenforce its covenants, conditions and restrictions (CC&Rs) and has failed\nto cure such non-performance and adopt Resolution No. 24-173 entitled A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN\nCLEMENTE, CALIFORNIA, DETERMINING THAT THE BROADMOOR SAN\nCLEMENTE COMMUNITY ASSOCIATION HAS FAILED IN ITS\nENFORCEMENT DUTIES UNDER THE ASSOCIATION’S COVENANTS,\nCONDITIONS, AND RESTRICTIONS AND FAILED TO CURE SUCH\nFAILURE, AND ASSUMING AND ASSIGNING THE CITY’S\nENFORCEMENT AUTHORITY OF THE HEIGHT LIMITS FOR TREES ON\nPROPERTIES LOCATED BETWEEN 201 AND 327 CALLE DELICADA,\nSAN CLEMENTE, CA 92672 TO THE OWNERS OF PROPERTIES\nLOCATED BETWEEN 201 AND 337 CALLE FELICIDAD, SAN CLEMENTE,\nCA 92672.