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San Clemente, CA Tree Protection: Parkway Planting (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit authority
Beaches, Parks and Recreation Director
Where filed
Beaches, Parks and Recreation Department
Removal notice period
30 days to remove after notice
Cost recovery
Lien or personal obligation on owner
Parkway defined as
Curb back to right-of-way edge

Summary

San Clemente requires a City permit before anyone plants or maintains landscaping in the parkway, the strip of City-owned right-of-way between the curb and the property line. The Beaches, Parks and Recreation Director decides applications and can order noncompliant plantings removed within 30 days.

"Parkway" shall mean that area from the back of the curb to the edge of the right-of-way, or, if no curb exists, that area from the edge of the street to the edge of the right-of-way. ... No person shall install and/or maintain landscaping on property owned by the City without first having obtained a City permit to install and maintain private landscaping on public property. ... Issuance of the permit shall be in the sole discretion of the Director of Beaches, Parks and Recreation (the "Director") and may be subject to those conditions deemed necessary by the Director to protect the public health, safety and welfare. ... the Director shall provide a written notice to the permittee ordering the removal of the landscaping and/or improvements within thirty (30) days of the date of issuance of the notice to remove. Landscaping remaining at the end of the required removal period may be removed by the City as a public nuisance. The cost for such removal may be imposed as a lien against the permittee's property and/or as a personal obligation of the permittee.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Traffic: Supplement 30 | Code of Ordinances: Supplement 66 Update 1).

Full Breakdown

The parkway is City property by definition: the code fixes it as the area from the back of the curb to the edge of the right-of-way, or from the street edge to the right-of-way edge where there is no curb. 080 makes it unlawful to install or maintain any landscaping there without first obtaining a permit from the City. An applicant submits a completed application and the fee set by City Council resolution to the Beaches, Parks and Recreation Department, along with plans describing the area to be landscaped, the plant materials proposed, and the location and nature of any related improvements.

Issuance is entirely discretionary: the Director of Beaches, Parks and Recreation may grant, condition, or refuse the permit as needed to protect public health, safety and welfare. If the City later decides the landscaping or an accompanying improvement must come out, the Director sends the permittee written notice, and the material must be removed within 30 days. Anything left after that period can be removed by the City as a public nuisance, with the removal cost charged back to the permittee as a lien on the property or as a personal debt.

24 to keep any trees, shrubs or hedges on their own land trimmed for street clearance, but planting inside the parkway strip itself runs through this permit, not through ordinary yard maintenance rules.

Violations & Fines

Landscaping placed in the parkway without a permit is unlawful under Section 12.24.080(A). If the Director orders removal and the permittee misses the 30-day deadline, the City may remove the landscaping itself as a public nuisance and recover its costs, either as a lien recorded against the property or as a personal financial obligation of the permittee.

Frequently Asked Questions

Can I plant in the parkway strip in front of my San Clemente house without asking the City?
No. The parkway between the curb and the right-of-way line is City property, and Section 12.24.080 makes it unlawful to install or maintain landscaping there without first getting a City permit through the Beaches, Parks and Recreation Department, along with plans and the required fee.
Who decides whether my parkway planting permit is approved?
The Director of Beaches, Parks and Recreation has sole discretion under Section 12.24.080 to approve, condition, or deny the permit based on what is necessary to protect public health, safety and welfare, after reviewing the application and landscaping plans you submit.
What happens if the City tells me to remove parkway landscaping?
You get 30 days from the written notice to remove it. If it is still there afterward, the City can remove it as a public nuisance and bill you for the cost, either through a lien on your property or as a personal debt you owe the City.

Sources & Official References

Other rules in San Clemente

All San Clemente rules

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