Before You Build in San Clemente, CA: Permit & Rule Checklist (2026)

In San Clemente's residential zones, fences, walls and hedges may be 3 feet 6 inches in the front-yard setback and up to 6 feet in interior side and rear yards. Corner and reverse-corner lots have stricter street-side limits.

San Clemente's code sets fence heights and requires fences be maintained so they are not a hazard, but does not itself divide cost between neighbors. Shared-fence cost sharing is governed by California's Good Neighbor Fence Law.

San Clemente does not require a building permit for a fence 6 feet or less (masonry under 42 inches), but zoning height limits still apply. Taller front or street-side fences need a Minor Exception Permit.

San Clemente limits residential retaining walls to 3 feet 6 inches in front-yard setbacks and 6 feet elsewhere, rising to 8 feet 6 inches when the wall faces toward the subject property. Stepped walls and guardrails have added rules.

San Clemente does not restrict residential fence materials to a set list, but requires safe construction and measures pilasters and trellises as part of fence height. Nonresidential fence materials are set through architectural review.

San Clemente amends the state Pool Safety Act to require two independent safety measures: the enclosing barrier plus a second device. When a house wall forms part of the barrier, two additional protections (door alarms, self-latching doors, mesh fence, safety cover or pool alarm) are required.

San Clemente treats spas and hot tubs 18 inches or more deep as pools. An in-ground spa under 8 feet in any dimension, or a portable spa, may be exempt from the full barrier if fitted with an approved locking cover kept in place when not in use.

The San Clemente Building Division requires a building permit (with plumbing, electrical and mechanical trades) to construct a swimming pool, spa or hot tub. Plans on minimum 11x17 sheets, stamped by a licensed engineer or architect, must be plan-checked before any excavation begins.

Every San Clemente pool must be fully enclosed by a barrier. The city's BI-17 standard requires a fence at least 60 inches tall with no gaps passing a 4-inch sphere, a bottom no more than 2 inches above grade, and self-closing, self-latching gates that swing away from the pool.

Above-ground pools deeper than 18 inches are treated like any pool and need a permit and a compliant barrier. Where the pool wall itself is the barrier and access is by ladder or steps, the ladder must be removable, lockable or raised, or be surrounded by its own compliant barrier.

San Clemente permits accessory dwelling units ministerially under SCMC 17.28.270, implementing California Government Code Sections 65852.2 and 65852.22. Qualifying ADUs and junior ADUs are approved with a building permit only, with no discretionary hearing.

San Clemente allows garage conversions primarily as ADUs under SCMC 17.28.270. Converting an existing garage to an accessory dwelling unit is a ministerial, building-permit-only action, and no setback is required for a legally established existing garage.

In San Clemente a permanent tiny home on a foundation is treated as an accessory dwelling unit under SCMC 17.28.270, while a tiny home on wheels, trailer, or RV cannot be used as a dwelling except in a licensed mobilehome park or campground per SCMC 9.04.100.

In San Clemente a carport is a detached accessory structure regulated by the accessory-building standards in SCMC 17.24.070 and 17.24.080, and any required covered parking must comply with the off-street parking standards in SCMC Chapter 17.64.

In San Clemente, a shed is a detached accessory building regulated by SCMC 17.24.070 and 17.24.080. Small sheds in the rear half of the lot may sit right up to a side or rear property line, while larger accessory buildings must meet zone setbacks.

Open burning of rubbish and yard waste is effectively prohibited in San Clemente. Adopted Fire Code Section 307 (SCMC Chapter 8.16) limits outdoor fires to small controlled fires and requires trash to be burned only in an approved incinerator. OCFA and South Coast AQMD regulate any burning.

San Clemente regulates outdoor fireplaces, fire pits, and fire rings under adopted Fire Code Section 307 (SCMC Chapter 8.16). Gas units are allowed with approval and clearance; wood and solid-fuel burning is prohibited in fuel modification zones and Very High Fire Hazard Severity Zones.

San Clemente has no general private-property tree-trimming permit, so trimming your own trees is usually allowed. Street trees and trees in the public right-of-way are City-managed under Title 12 and may not be pruned without City authorization. Scenic-corridor trees are protected under the Master Landscape Plan.

San Clemente has no general heritage-tree or protected-tree ordinance for private property, so removing a healthy tree on your own lot usually needs no City permit. Trees required by an approved landscape or development plan, scenic-corridor trees, and street/right-of-way trees are protected and need City approval to remove.

The City of San Clemente is the water utility for most of the city; the Talega area is served by Santa Margarita Water District. Permanent water-waste restrictions apply under the Water Conservation Ordinance, Municipal Code Chapter 13.12, even outside drought. Irrigation runoff onto pavement, gutters or storm drains is prohibited.