A condo remodel, an addition or work near a slope raises a practical question: what paperwork does San Clemente require before issuing the permit? Ordinance No. 1813 changes HOA certification requirements, sets out a slope stability covenant requirement and updates construction enforcement rules.
This is general information and not legal advice.
Has Ordinance 1813 been adopted?
Yes. San Clemente adopted Ordinance No. 1813 on October 6, 2026, according to the draft meeting minutes, which appeared on the October 20 agenda for approval.
The ordinance amends Chapter 15.04 of the Municipal Code, covering building regulations and construction enforcement. It was introduced on September 15. The draft minutes record adoption by a vote of 5-0 after a public hearing with no speakers.
The ordinance does not state a calendar date; Section 6 says it “shall take effect as provided by law.” Ask the Building Division when the amended requirements apply to your permit. The City Agenda Center provides access to the meeting records.
Which remodels require HOA certification?
Interior work in an attached or common-interest development subject to CC&Rs requires certification that the applicable HOA reviewed and approved the work before permit issuance, subject to the exceptions below.
That requirement covers any interior improvement, alteration or modification to a residential unit in such a development. The agenda report and ordinance text explain that the old language mainly addressed exterior work and did not adequately address condominium or attached ownership.
A separate provision requires certification of compliance with applicable CC&Rs for new residential structures and changes affecting an existing home’s exterior appearance. It also covers work in a condominium or common-interest development outside the applicant’s individually owned airspace or exclusive use area.
Interior improvements to a detached single-family residence are excluded when they do not affect the exterior appearance.
Where the CC&Rs require HOA approval, the applicant also provides a document signed by an authorized association representative confirming approval and identifying the plans. Ask the Building Division when revised plans require resubmission. For related sale paperwork questions, see the California HOA disclosure guide.
Are there exceptions to the HOA permit requirement?
Yes. Section 15.04.030(B) identifies circumstances in which the City cannot deny a permit for failure to meet the certification requirements in subsection A.
Those include permits for a solar energy system, an ADU, a telecommunications facility or an electric vehicle charging station. The Building Official then sends the association notice that the permit was approved. For an accessory dwelling unit proposal, read the ADU rules guide alongside this local certification exception.
Another exception applies when federal or state law legally prohibits the City from prohibiting the construction or use.
There is also an exception when the applicant certifies that the work violates no express CC&R provision but cannot obtain approval because the association is inactive, or fails or refuses to meet, act or report in writing within 180 days after submission.
These provisions address permit issuance. They do not establish that an HOA cannot privately enforce its CC&Rs.
Say a buyer plans an interior alteration to a condo subject to CC&Rs. The buyer would check the HOA approval requirement before treating the permit application as ready. If approval is required, the paperwork would identify the approved plans and include the authorized association representative’s signature. If the association does not act, the buyer would ask the Building Division about the exception tied to the 180-day period and the certification that no express CC&R provision is violated.
Which projects fall under the slope stability rule?
The slope stability rule covers specified construction near slopes, with applicability determined by the ordinance’s location test and the City Engineer’s authority.
The location test uses an imaginary plane extending upward and inward from the toe of an adjacent slope at three horizontal to one vertical (3:1). Development entirely outside that plane is excluded. However, the City Engineer may still apply the rule where substantial evidence shows that a project is on, adjacent to or within a slope’s zone of influence and presents a slope stability risk.
Covered work includes a new building or structure, placing a building on a permanent foundation, and first-story or basement alterations or additions, including new footings or foundations. Structures intended to increase slope stability are also covered.
The Building Official may waive the requirement for specified minor structures that pose no slope stability risk, including trellises, fences, decks and glass windscreens. Ask which provisions apply to your proposed work.
What does the slope stability covenant require?
The covenant is required when the applicant uses alternative stability requirements approved by the City Engineer instead of the specified minimum factors of safety.
The ordinance otherwise requires the San Clemente Grading Manual, Appendix F minimum: a factor of safety of at least 1.5 for static loads and 1.1 for pseudostatic loads.
Under the alternative, the applicant must record a covenant in favor of the City. It acknowledges that the development will not achieve the minimum factor of safety and commits to imposed mitigation measures. It also waives and releases claims against the City arising from that shortfall and requires indemnification and holding the City harmless.
The covenant runs with the land and binds future owners. A buyer or seller can ask the Building Division whether a permit uses the alternative and whether a covenant is required.
No permit shall issue if there is a reasonable probability that the project will cause a substantial risk to health or safety, substantial damage to one or more adjacent properties, roads, or utilities, or substantial damage to a structure over its useful life.
Say a buyer considers a home where a covered addition would use alternative stability requirements approved by the City Engineer. Under that alternative, the permit applicant would record a covenant acknowledging that the development would not achieve the minimum factor of safety and committing to the imposed mitigation measures. The covenant would also include the required release of claims against the City and indemnification provisions. Because it runs with the land, it would bind the buyer as a future owner. The buyer could ask the Building Division whether the permit uses the alternative and requires that covenant.
What changes for emergency tags and correction notices?
The amended rules authorize immediate action for an imminent life safety hazard and define a fifteen-day correction period.
When the Building Official finds that hazard, available actions include ordering immediate vacation, posting unsafe, restricted-use or dangerous placards, boarding or fencing the property, making emergency repairs or disconnecting utilities. Staff describe the placards as “red tags” and “yellow tags.” Notice goes to the owner or occupant, but may follow the action when advance notice is impractical.
Separately, the correction period begins with a correction notice and ends fifteen days afterward. The redline shows the previous correction period was thirty days. Afterward, the responsible party is subject to the Municipal Code’s general penalty and administrative fine provisions. Responsibility can include the owner, tenant or other occupant, jointly and severally.
For sale questions involving work without permits, see the unpermitted work disclosure guide. The Planning Commission serves as the Board of Appeals for Building Official decisions.
The short version
Ordinance 1813 changes permit certification for HOA properties, slope stability requirements and construction enforcement.
Before planning around these rules, ask the Building Division when they apply to your permit. For a condo interior project, check the HOA certification and approval documents. For covered slope-related work, ask whether the minimum stability requirements or an approved alternative applies, and whether a recorded covenant is required.
For your sale planning, start with the home value tool.
Common questions
Has San Clemente adopted Ordinance 1813?
Yes. Draft minutes record adoption on October 6, 2026. The ordinance says it takes effect as provided by law. Ask the Building Division when it applies to your permit.
Does an interior condo remodel require HOA certification?
For interior work in an attached or common-interest development subject to CC&Rs, the applicant must certify that the applicable HOA reviewed and approved the work before permit issuance, subject to the ordinance's exceptions.
Does the certification apply to every interior remodel?
It does not apply to interior improvements to detached single-family residences that do not affect the structure's exterior appearance.
Does a slope stability covenant bind future owners?
When the alternative stability requirements are used, the required covenant runs with the land in favor of the City and binds future owners.
How long is the correction period?
The amended rule defines the correction period as beginning with a correction notice and ending fifteen days afterward.
