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San Clemente · Building on your lot

Building on your lot in San Clemente

San Clemente sets its own limits on fences, accessory buildings and home businesses in residential zones. Fence height depends on the yard and on corner lots, and cottage food operations follow separate rules.

Key points

  • Fence height: Front-yard fences: at most 3 ft 6 in, or 6 ft with a Minor Exception Permit; side and rear setbacks, 6 ft.
  • Accessory height: Detached accessory buildings are limited to 15 feet; in the rear half, the zone limit applies if main-building setbacks are met.
  • Home businesses: A home business may use at most 20% of the home's habitable floor area; only residents may work there; a permit is required.

Each rule below is marked San Clemente code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Fences and walls

San Clemente code Front-yard fences: at most 3 ft 6 in, or 6 ft with a Minor Exception Permit; side and rear setbacks, 6 ft.

All 10 San Clemente rules on fences and walls, with the code text →

Sheds, garages and other accessory structures

San Clemente code Detached accessory buildings are limited to 15 feet; in the rear half, the zone limit applies if main-building setbacks are met.

All 9 San Clemente rules on sheds, garages and other accessory structures, with the code text →

Running a business from home

San Clemente code A home business may use at most 20% of the home's habitable floor area; only residents may work there; a permit is required.

All 10 San Clemente rules on running a business from home, with the code text →

RV and boat parking

San Clemente code In a garage, carport or legal enclosure, or behind a fence or wall that fully hides it from the street. In the required driveway.

All 6 San Clemente rules on RV and boat parking, with the code text →

Solar panels and EV chargers

San Clemente code Administrative review by the Building Official; the permit can be issued once the application meets all checklist requirements. You can apply electronically.

All 6 San Clemente rules on solar panels and EV chargers, with the code text →

Pets, chickens and bees

San Clemente code Yes, with a permit. Keeping 4 or more dogs or cats over 4 months old requires a private kennel permit.

All 3 San Clemente rules on pets, chickens and bees, with the code text →

Building in a flood zone

San Clemente code What San Clemente's code adds
Floodplain permit
  • A development permit is required before construction or development begins.
    Applies: In any special flood hazard, flood-related erosion hazard or mudslide (mudflow) area.
    § 15.76.120 · code text
    A development permit shall be obtained before construction or development begins within any area of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) established in Section 15.76.230.
Building in a floodway
  • No fill, new building, substantial improvement or other development unless certified to cause no rise in flood levels.
    Applies: Designated floodways.
    § 15.76.220 · code text
    Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
Height of the lowest floor
  • At least the FIRM depth number above the highest nearby grade, or at least 2 feet if none given.
    Applies: New or substantially improved homes in Zone AO.
    § 15.76.160 · code text
    In a Zone AO, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified;
  • The lowest floor must be at or above the base flood elevation.
    Applies: New or substantially improved homes in Zone A.
    § 15.76.160 · code text
    In a Zone A, elevated to or above the base flood elevation; said base flood elevation shall be determined by one of the methods in Section 15.76.140(B)(2) of this chapter;
  • The lowest floor must be at or above the base flood elevation.
    Applies: New or substantially improved homes in flood areas other than Zones A and AO.
    § 15.76.160 · code text
    In all other areas, elevated to or above the base flood elevations.

Grading and erosion control

San Clemente code An erosion control plan is required. Excavation below finished grade for basements and footings under a valid building permit (not fill made from it, or an excavation with an unsupported height over 5 feet); an excavation of 50 cubic yards or less on one site that is under 2 feet deep or makes no cut slope over 5 feet high and steeper than 2:1; a fill under 3 feet deep, 50 cubic yards or less on one lot, that does not block a drainage course and is either on natural grade flatter than 5:1 or not meant to support structures

All 3 San Clemente rules on grading and erosion control, with the code text →

Noise and construction hours

San Clemente code Blowers and power fans must be muffled; HVAC, pool, spa and fountain equipment must be enclosed or muffled. 10:00 p.m. to 7:00 a.m.

All 8 San Clemente rules on noise and construction hours, with the code text →

Family child care homes

CA state law California law
Zoning
A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning
Business license or fee
A city or county may not charge a business license, fee or tax to run a family child care home
Local rules
Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone
Small home
Up to eight children, counting the provider's own children under 10 who live there
Large home
7 to 14 children, counting the provider's own children under 10 who live there

Group homes and residential care

San Clemente code What San Clemente's code adds
Homes for 7 or more
  • An administrative operating license issued by the City is required.
    Applies: Applies to a boardinghouse that is a Residential Care Facility; one serving 6 or fewer is exempt when state or federal law requires.
    § 5.38.010 · code text
    A boardinghouse that is a Residential Care Facility and that is subject to this chapter requires an administrative operating license issued by the City to operate.
Homes for 6 or fewer
  • Exempt from this chapter and considered a residential use of property and a single family.
    Applies: Applies when required by state or federal law.
    § 5.38.010 · code text
    When required by state or federal law, a Residential Care Facility serving six (6) or fewer persons is: 1. Exempt from this chapter; and 2. Considered a residential use of property and a single family for purposes of Title 17 of this Code.

Parking spaces required for homes

San Clemente code What San Clemente's code adds
Parking in the front yard
  • Uncovered parking spaces must be at least 18 feet from the front property line
    Applies: Duplexes that meet their parking requirement with tandem spaces
    § 17.64.090 · code text
    All uncovered parking spaces shall meet a minimum front yard setback of 18 feet.
Garage and covered spaces
  • A two-car garage of at least 18 by 38 feet must be provided
    Applies: Duplexes that meet their parking requirement with tandem spaces
    § 17.64.090 · code text
    A minimum two-car garage not less than 18 by 38 feet shall be provided.

Home alarm permits and false alarms

San Clemente code What San Clemente's code adds
How long an alarm may sound
  • Silence a sounding alarm within 30 minutes of notice, or have an automatic shut-off that silences it within 30 minutes
    § 8.56.050 · code text
    immediately means within thirty (30) minutes.
Alarm permit
  • Required; fee established by resolution of the City Council
    § 8.56.280 · code text
    Applications for an alarm permit shall be filed with the Communications Department on forms provided by the Communications Department and the applicant shall at that time pay the appropriate fee established by resolution of the City Council.

Other San Clemente rules on this

San Clemente's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

What are the rules for building in a San Clemente flood zone?

San Clemente's code: A development permit is required before construction or development begins. (In any special flood hazard, flood-related erosion hazard or mudslide (mudflow) area.) (§ 15.76.120); At least the FIRM depth number above the highest nearby grade, or at least 2 feet if none given. (New or substantially improved homes in Zone AO.) (§ 15.76.160).

Can I run a family child care home in San Clemente?

California law sets this for every city, including San Clemente: Zoning: A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning (Health & Safety Code § 1597.45(a)); Business license or fee: A city or county may not charge a business license, fee or tax to run a family child care home (Health & Safety Code § 1597.45(b)); Local rules: Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone (Health & Safety Code § 1597.45(e)); Small home: Up to eight children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(c)); Large home: 7 to 14 children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(b)).

Where are group homes and residential care homes allowed in San Clemente?

San Clemente's code: An administrative operating license issued by the City is required. (Applies to a boardinghouse that is a Residential Care Facility; one serving 6 or fewer is exempt when state or federal law requires.) (§ 5.38.010); Exempt from this chapter and considered a residential use of property and a single family. (Applies when required by state or federal law.) (§ 5.38.010).

How many parking spaces does a home need in San Clemente?

San Clemente's code: Uncovered parking spaces must be at least 18 feet from the front property line (Duplexes that meet their parking requirement with tandem spaces) (§ 17.64.090); A two-car garage of at least 18 by 38 feet must be provided (Duplexes that meet their parking requirement with tandem spaces) (§ 17.64.090).

Do I need a permit for a home alarm in San Clemente?

San Clemente's code: Silence a sounding alarm within 30 minutes of notice, or have an automatic shut-off that silences it within 30 minutes (§ 8.56.050); Required; fee established by resolution of the City Council (§ 8.56.280).

General information, not legal advice.

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