Submitted By: Building Division
Prepared By: Robert Ferguson
Subject:
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ADOPT ORDINANCE NO. 1813 (SECOND READING) TO AMEND CHAPTER 15.04 OF SAN CLEMENTE MUNICIPAL CODE TITLE 15 - BUILDINGS AND CONSTRUCTION, RELATING TO BUILDING REGULATIONS AND CONSTRUCTION ENFORCEMENT, AND FINDING THE ORDINANCE EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15378
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Summary:
Ordinance No. 1813 was introduced at the City Council meeting on September 15, 2026 where a public hearing and second reading was set by the City Council to be held on October 6, 2026. If adopted, Ordinance No. 1813 would amend Chapter 15.04 of the San Clemente Municipal Code Title 15 - Buildings and Construction, relating to building regulations and construction enforcement.
Background:
Chapter 15.04 of the San Clemente Municipal Code (SCMC) establishes the City’s local administrative procedures related to the enforcement of building regulations contained within Title 15, Buildings and Construction. The Chapter includes provisions addressing the authority and duties of the Building Official, permit administration, unsafe structures, correction notices, appeals procedures, and other enforcement-related matters necessary for implementation of the California Building Standards Code.
The Chapter was last comprehensively updated in approximately 2015. Since that time, substantial changes have occurred in state law, the California Building Standards Code (Title 24), municipal enforcement practices, housing legislation, and construction administration procedures. In addition, several existing SCMC provisions contain outdated references, incomplete code citations, or language that no longer reflects current legal requirements or operational best practices.
Staff conducted a comprehensive review of Chapter 15.04 and identified several areas requiring clarification, correction, modernization, and procedural enhancement. The proposed ordinance is intended to address these issues and provide the City with clearer administrative authority and updated enforcement tools consistent with current state law and industry standards.
Discussion:
The proposed code amendments are summarized below and provided in full within Exhibit A of introduced Ordinance No. 1813 (Attachment 1). Attachment 2 includes redlines identifying changes from the current code.
Building Official-Appointment
The proposed amendment updates and clarifies the official designation of the City official charged with enforcement of the California Building Standards Code. California Building Code (CBC) Section 103.1 requires local jurisdictions to establish an enforcement agency with the official in charge designated as the “Building Official.”
Building Official-Powers and Duties
The proposed amendment substantially updates and modernizes the section governing the powers and duties of the Building Official. Existing SCMC language contains outdated provisions and does not adequately address modern enforcement practices or emergency public safety procedures. The proposed language aligns local authority with the provisions of CBC Section 104 and clarifies the Building Official’s authority to enforce applicable codes, issue orders, conduct inspections, and take necessary actions to protect public health and safety.
Additionally, the amendment establishes procedures and remedies available to the City where an imminent life safety hazard exists. While CBC Section 116 establishes conditions under which structures or equipment may be deemed unsafe, the Building Code does not provide practical field remedies necessary to immediately protect the public. Accordingly, the proposed Ordinance authorizes the use of restricted-use placards commonly referred to as “red tags” and “yellow tags,” consistent with placarding systems developed by the Applied Technology Council and commonly utilized throughout California following disasters and structural safety evaluations.
The amendment further authorizes the City to undertake emergency protective measures when necessary to address imminent hazards, including but not limited to:
• Posting structures as unsafe or restricted use;
• Boarding or securing unsafe buildings;
• Fencing hazardous areas;
• Disconnecting utilities;
• Removing or stabilizing dangerous structural elements;
• Undertaking temporary emergency repairs; and
• Taking other reasonable actions necessary to protect public health, safety and welfare.
These provisions provide clearer authority for emergency response situations and enhance the City’s ability to respond effectively to dangerous conditions affecting structures or properties.
Certification of compliance with applicable declarations of covenants, conditions and restrictions
The proposed amendment establishes procedures related to homeowner association (HOA) notifications and clarifies the City’s role concerning private covenants, conditions, and restrictions. Existing code language applies primarily to exterior construction activities and does not adequately address condominium or attached ownership arrangements where ownership responsibilities may be divided between individual unit owners and homeowner associations.
The revised language expands applicability to attached and condominium properties where structural walls, slabs, roofs, or other building components may be owned or maintained by an HOA while interior airspace may be privately owned. The amendment also updates the section to ensure consistency with current state and federal law limiting the ability of an HOA regulate or deny certain types of projects.
Under the proposed amendment, the City would not require proof of HOA approval as a condition of permit issuance if prohibited by law. Instead, the City may provide a courtesy notice to the last known HOA advising that a permit has been issued. An example courtesy notice is provided as Attachment 3.
Requirements for sanitary facilities in connection with the construction of buildings
The proposed amendment updates requirements for temporary sanitation facilities associated with construction activities and eliminates outdated provisions that no longer reflect current construction practices or state standards. The amendment aligns local requirements with current state standards for temporary restroom and handwashing facilities commonly utilized on active construction sites, including commercially available portable sanitation units. The proposed amendment also removes obsolete provisions permitting the use of pit privies or similar outdated sanitation methods that are inconsistent with modern public health standards.
Correction notice
The proposed amendment modernizes procedures related to correction notices and administrative enforcement actions. Existing language contains outdated references and incomplete citations to related Municipal Code provisions governing penalties and administrative enforcement. The revised language aligns the correction notice with relevant provisions contained within SCMC Chapter 1.16 (General Penalty) and Chapter 1.20 (Administrative Fines). The amendment also clarifies the relationship between correction notices, stop work orders, administrative citations, and other enforcement mechanisms available to the City.
Board of appeals
The proposed amendment updates the Board of Appeals section to align with current California Building Code Chapter 113 governing means of appeal. The revised language updates references to applicable adopted building codes and clarifies procedures for hearing appeals associated with building code interpretations, determinations of the Building Official, and administrative enforcement actions. The amendment additionally expands the scope of appeal authority to include appeals arising under SCMC Chapters 1.20 and 1.22 where applicable.
Site stability requirements
The proposed amendment updates and clarifies provisions related to site stability evaluations associated with construction activities. Site stability refers to the soil off a slope at or adjacent to development to safely support the proposed construction without creating an unacceptable risk of settlement, landslide, slope failure or other ground movement. An applicant must either demonstrate that a project will meet the minimum prescribed factor of safety or record a covenant in favor of the City stating alternate measures have achieved the highest stability possible and are adequate. However, existing language contains vague terminology and outdated provisions that do not clearly identify when geotechnical or stability evaluations are required. The revised language more clearly defines the conditions triggering applicability of the section and modernizes terminology consistent with current engineering and construction practices. The amendment also clarifies limited exemptions and waiver provisions applicable to certain non-habitable or minor accessory structures where site stability concerns may be minimal. Attachment 4 includes the slope stability covenant and attachment 5 includes the slope stability statement request.
Considerations Identified by Staff:
The proposed amendments are primarily technical and administrative in nature and are intended to correct outdated or incomplete code references, align local regulations with current California Building Standards Codes, improve consistency with state and federal law, clarify enforcement authority and procedures, eliminate ambiguities and inconsistencies within the SCMC, modernize provisions that no longer reflect current operational practices, and enhance the City’s ability to protect public health, safety, and welfare. Collectively, the amendments will improve administrative efficiency, strengthen legal consistency, and ensure the City’s building regulations remain current and enforceable.
Council Options:
• Adopt Ordinance No. 1813 (Attachment 1) and finding the ordinance exempt from the California Environmental Quality Act.
• Continue the Item with direction to staff to revise the Municipal Code amendments and/or provide additional information.
• Decline to adopt the ordinance.
Environmental Review/Analysis:
This action is not a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378 as it constitutes administrative activities of government.
Fiscal Impact:
There is no fiscal impact that would result from the adoption of the proposed amendments.
Potential Action(s):
recommendation
Adopt Ordinance No. 1813 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AMENDMENTS TO CHAPTER 15.04 OF THE SAN CLEMENTE MUNICIPAL CODE TITLE 15 - BUILDINGS AND CONSTRUCTION, RELATING TO BUILDING REGULATIONS AND CONSTRUCTION ENFORCEMENT, AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15378.”
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Attachment:
1. Proposed Ordinance No. 1813
Exhibit A - Amendments to SCMC Chapter 15.04
2. Redline Version of Amendments to SCMC Chapter 15.04
3. HOA Courtesy Notice
4. Slope Stability Covenant Request
5. Slope Stability Statement Request
Notification:
None.