City Council

F. PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) 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. 2. Determine that the Broadmoor Community Association has failed to enforce its covenants, conditions and restrictions (CC&Rs) and has failed to cure such non-performance and adopt Resolution No. 24-173 entitled 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.