Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director
Ambrosia Dominas, Community Development Programs Analyst
Subject:
title
CONSIDERATION TO INTRODUCE AN ORDINANCE AMENDING SECTION 10.28.050 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO 72-HOUR PARKING RESTRICTIONS AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
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Summary:
On April 21, 2026, the City Council directed staff to return with an ordinance modifying the City's 72-hour parking regulations to include a minimum vehicle movement requirement of 100 feet and related revisions addressing vehicle removal. The drafted ordinance, provided as Attachment 1, would amend Section 10.28.050 of the San Clemente Municipal Code (SCMC) to establish a minimum vehicle relocation requirement as part of the City's existing 72-hour parking regulations. The drafted ordinance also incorporates a cross-reference to the City's existing vehicle removal authority.
Background:
The City's 72-hour parking ordinance prohibits a vehicle from remaining continuously parked on a public street for more than 72 consecutive hours.
The matter originated from public comments at the October 21, 2025 City Council meeting, where a resident questioned whether periodic vehicle relocation within the same general area was consistent with the City's prohibition on long-term vehicle storage. The matter was subsequently referred to the Community Safety and Welfare Committee (CSWC), which reviewed the issue and recommended no changes to the City's existing regulations. Attachment 2 provides a copy of the April 21, 2026 City Council meeting report, which also includes additional background on the CSWC’s review of this matter.
Discussion:
Staff reviewed the City's current 72-hour parking regulations and approaches used by other jurisdictions.
Current Parking Regulations
The City's 72-hour parking restriction is established through SCMC 10.28.050, with local enforcement and removal authority provided through SCMC 10.08.160 and California Vehicle Code Section 22651(k). Compliance is determined based on whether a vehicle remains in the same location on a public street for more than 72 consecutive hours, as verified through observation by enforcement personnel.
During prior meetings, concerns were also raised regarding vehicles exhibiting characteristics commonly associated with abandonment or long-term neglect. Those concerns are addressed through separate provisions of California Vehicle Code Division 11, Chapter 10, which provides statewide authority for the removal of abandoned, inoperable, unregistered, and other nuisance vehicles, from the public street.
Comparison of Neighboring Cities’ Ordinances
Staff reviewed 72-hour parking ordinances from neighboring South Orange County cities, including several cities that contract with the Orange County Sheriff's Department for enforcement.
Table 1. Comparison of 72-Hour Parking Regulations
|
Agency |
Movement Requirement |
|
Dana Point |
0.1-mile relocation or 0.1-mile odometer change |
|
San Juan Capistrano |
None |
|
Laguna Niguel |
100-foot relocation or 0.1-mile odometer change |
|
Aliso Viejo |
None |
|
Laguna Hills |
0.2-mile relocation |
|
Mission Viejo |
0.2-mile relocation |
|
Rancho Santa Margarita |
None |
Among the seven neighboring cities’ ordinances reviewed, four supplement the traditional 72-hour standard with a minimum movement requirement, while three rely solely on a traditional time-based standard. Minimum movement requirements ranged from 100 feet to 0.2 miles.
Considerations Identified by Staff:
Based on the information reviewed, staff identified the following policy and enforcement considerations related to the proposed amendments to the City's 72-hour parking regulations.
Policy Considerations
The proposed SCMC amendment concerns vehicles that are otherwise in compliance with the City's existing 72-hour parking ordinance. Existing parking restrictions would remain unchanged, while vehicles would be required to relocate at least 100 feet before establishing a new compliance period.
The proposed amendment would apply citywide, with its practical effect varying by neighborhood. In areas with abundant on-street parking, relocating 100 feet may be relatively straightforward. In areas with limited parking availability, complying with the same requirement may require vehicles to relocate farther from the original location than would otherwise be necessary, resulting in a greater practical burden despite the same ordinance applying citywide.
During prior discussions, street sweeping signage was identified as a potential tool to address long-term vehicle storage. However, street sweeping routes and associated parking restrictions are administered separately from the City's 72-hour parking regulations and are not included within the scope of the attached ordinance.
Enforcement Considerations
The proposed amendment would not expand the City's existing enforcement authority, but would modify the compliance standard by requiring vehicles to relocate at least 100 feet before establishing a new compliance period. The proposed standard introduces additional documentation and measurement requirements associated with determining compliance.
Council Options:
• Introduce and conduct a first reading of Ordinance No. 1811.
• Modify and then introduce Ordinance No. 1811.
• Continue the item and provide direction to staff.
• Decline to introduce the attached ordinance.
Environmental Review/Analysis:
The proposed ordinance does not qualify as a “project” under the California Environmental Quality Act (CEQA) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The language merely modifies existing restrictions and prohibitions, absent an applicable exception, regarding the parking of vehicles on public property for more than 72 consecutive hours. In the alternative, the City Council can determine that the proposed ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment because the proposed ordinance simply modifies existing restrictions and prohibitions regarding the parking of vehicles on public property for more than 72 consecutive hours; the proposed ordinance will not result in any development or in any new activity with the potential to impact the environment.
Fiscal Impact:
None. The proposed amendment would be implemented with existing staff and resources.
Potential Action(s):
recommendation
Should the City Council desire to modify the City's 72-hour parking regulations, the City Council may introduce and conduct a first reading of Ordinance No. 1811 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 10.28.050 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO 72-HOUR PARKING RESTRICTIONS AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
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Attachment:
1. Draft Ordinance No. 1811
2. Administrative Report dated April 21, 2026 with attachments
Notification:
Interested members of the public, via email.