Del Mar Municipal Code Ch. 24.66 Urban Lot Split

Every applicant proposing an Urban Lot Split (in accordance with Government Code Sections 66452.6, 65852.21, and 66411.7) shall submit a tentative parcel map that complies with the procedures and requirements contained in this Chapter, Chapter 30.93, and the submittal of an application for an Administrative Coastal Development Permit in accordance with Chapter 30.75.

(Ord. No. 996, § 2, 6-19-2023)

An Urban Lot Split application shall be prepared by or under the direction of a registered civil engineer or licensed surveyor, and shall show the location of streets, easements, and property lines bounding the subject property and shall conform to the following provisions:

A. The provisions of Section 66445 of the Subdivision Map Act.

B. Contain a definite description of the land subdivided by references to recorded deeds, deed restrictions, recorded maps and official United States surveys. Reference to tracts, recorded deeds and recorded maps shall be clearly defined, worded consistently with officially recorded records, and show the book and page of records and related map numbers.

C. Show the basis of bearings used, the relationship of said bearings to the true meridian, and the north arrow of said map shall appear on each street thereof.

D. Show a solid line separating private ways, easements and other rights-of-way not to be accepted as public streets and shown on said map from public streets, and clearly designate their nature and the manner in which the right is reserved or granted.

E. Each tentative map shall depict all contiguous property owned by the subdivider and shall contain the following information:

1. Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider.

2. Name and address of registered civil engineer or licensed surveyor, who prepared the map.

3. North arrow.

4. Scale.

5. Date of preparation.

6. The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof and point of access from each lot.

7. Locations and width of alleys.

8. Names, location and width of adjacent streets.

9. Lot lines and approximate dimensions and numbers of each lot.

10. Approximate location and width of watercourses of areas subject to inundation from floods, and location of structures, irrigation ditches and other permanent features.

11. Approximate contours at two-foot intervals.

12. Approximate location of existing buildings and permanent structures.

13. Location of all major vegetation showing size and type, including buffers for any adjacent environmentally sensitive habitat.

14. Legal description of the exterior boundaries of the subdivisions.

15. Width and location of all existing and proposed public or private easement, for example utilities and bicycle paths.

16. Classification of lots as to be intended residential, commercial, industrial or otherwise.

17. Location of railroads and rights-of-way.

18. Approximate radii of curves.

19. Any proposed phasing by units.

20. Number of units to be constructed when a condominium or community apartment project is involved.

21. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

22. Locations of existing structures within the subdivision and structures outside the subdivision but within 25 feet of the subdivision boundaries.

F. Shown either on the proposed tentative map or an accompanying document shall be the information regarding the following matters:

1. Source of water supply.

2. Type of street improvement and utilities which the subdivider proposes to install.

3. Proposed method sewage disposal, including location of facilities.

4. Proposed stormwater sewer or other means of drainage, including the location of such facilities.

5. Protective covenants to be recorded.

6. Proposed tree plantings.

7. Landscaping and irrigation conceptual plans.

(Ord. No. 996, § 2, 6-19-2023; Ord. No. 1018, § 7, 6-2-2025)

A. A subdivider applying for an Urban Lot Split shall file a completed application with the Planning Division, together with copies of a tentative parcel map. An applicant for an Urban Lot Split shall sign and submit with the application an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the Urban Lot Split; or if new development is proposed for a Two Unit Residential Development, from the date when the Planning and Community Development Department issues its final occupancy permit.

B. The Planning and Community Development Department and City Engineer shall not accept an application or map for processing unless the Department finds that the Urban Lot Split is consistent with the applicable zoning provisions, State law, and that all approvals and permits required by the City zoning provisions for the project have been approved.

C. The Planning and Community Development Department shall not accept an application or map for an Urban Lot Split unless it is submitted together with an Administrative Coastal Development Permit in accordance with Chapter 30.75.

D. Notwithstanding the provision of subsection B of this section, an Urban Lot Split may be processed concurrently with documents, permits, or approvals required by the zoning provisions, if the applicant first waives the time limits for processing, approving, or conditionally approving or disapproving an Urban Lot Split provided by this chapter or the Subdivision Map Act.

(Ord. No. 996, § 2, 6-19-2023)

Such information as may be prescribed by the rules and regulations approved by the City Council and such additional information as the City Engineer may find reasonably necessary with respect to any particular case to implementing provisions of this Chapter and shall accompany the Urban Lot Split at the time of submission, including a certificate of an engineer or land surveyor in accordance with Section 66449 of the Subdivision Map Act.

(Ord. No. 996, § 2, 6-19-2023)

A. The Urban Lot Split shall comply with all applicable objective requirements of the Subdivision Map Act, except as provided by Government Code Section 66411.7; and the following shall be required as determined by the City Engineer:

1. Easements for the provision of public services and facilities.

2. Both lots shall provide primary vehicular access to and from a public street.

3. Panhandle lots or easements to access the proposed lot shall be a maximum of 20 feet.

B. Off-site improvements fees, directly related to an Urban Lot Split, may be imposed to make the subdivision function properly and ensure its feasibility, such as but not limited to requiring the construction of: Driveways, curbs, gutters, or sidewalk improvements as reasonably determined by the City Engineer.

C. Urban Lot Splits shall be limited to a maximum of two dwelling units on each lot. Lots subdivided under an Urban Lot Split are not eligible for additional Accessory Dwelling Units or Junior Accessory Dwelling Units if the lot contains existing Accessory Dwelling Units or Junior Accessory Dwellings. Those existing accessory dwelling units shall be considered dwelling units for the purposes of this Chapter.

D. Development of dwelling units proposed on lots created by an Urban Lot Split shall comply with all applicable objective standards contained within the underlying zoning designation, objective subdivision standards, and Objective Design Standards in Chapter 23.07. However, applicable objective standards may be reduced if the standards would have the effect of physically precluding the construction of two, 800-square-foot, dwelling units on each resulting parcel created pursuant to this chapter. In no case shall such accommodation conflict with the minimum lot requirements per the Subdivision Map Act.

E. Urban Lot Splits shall comply with the inclusionary housing requirement stated in Section 30.93.060 and Chapter 24.21 (Inclusionary Housing) for dedication of one unit for lower income households. An additional in lieu fee payment shall not be required for the lot split.

F. The minimum lot area and minimum lot dimension regulations of the base zone shall be waived and replaced with the following regulations:

1. The two parcels created shall be approximately equal in size, provided that one lot shall not be any smaller than 40 percent of the lot area of the original lot.

2. The two lots shall be no smaller than 1,200 square feet in lot area for each lot.

3. New unit sizes shall not be greater than 800 square feet. Maps shall show the footprints of existing and proposed structures.

G. Dwelling units constructed on a lot subdivided by an Urban Lot Split shall be subject to and comply with the objective development standards specified in the underlying zoning designation, Chapter 30.93, and Chapter 23.07.

H. A lot may not utilize the Urban Lot Split provisions of this Chapter and Chapter 30.93 if any of the following apply:

1. The lot was established through a prior Urban Lot Split in accordance with this Section.

2. The record owner or any person acting in concert with the record owner has previously subdivided an adjacent lot using an Urban Lot Split in accordance with this Section.

I. Prior to the recordation of the parcel map for an Urban Lot Split, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:

1. The record owner shall reside in one of the dwelling units on either of the lots created by the Urban Lot Split as their primary residence for a minimum of three years from the date of approval of the Urban Lot Split. This requirement shall not apply to an applicant that is a "community land trust," as defined in California Revenue and Taxation Code Section 402.1(a)(11)(C)(ii) or is a "qualified nonprofit corporation" as described in California Revenue and Taxation Code Section 214.15.

2. Rental of units shall be of a term of more than 30 consecutive days or less are prohibited. Rental terms shall not allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant or related tenant.

3. A maximum of two dwelling units shall be permitted on each lot, either as two primary units, or a primary unit and an Accessory Dwelling Unit, or a primary unit and a Junior Accessory Dwelling Unit; however, at no time shall an entitled Urban Lot Split exercise all provisions in Government Code Sections 65852.21 and 66411.7.

4. Any subsequent Urban Lot Split of land that was previously subdivided by an Urban Lot Split shall be prohibited.

J. This Chapter applies to proposed Urban Lot Split subdivisions on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-5), except as prohibited per Section (I). In accordance with Section (I), proposed urban lot split subdivisions shall be prohibited in zones R1-10B and R1-5B, which are located entirely within the Floodplain Overlay Zone.

K. To ensure that no adverse unavoidable impacts occur to public health and safety, coastal resources or impede public access to coastal resources, proposed development in locations listed below shall not be eligible to utilize or benefit from this Chapter. Where such circumstances apply all existing discretionary review processing requirements, zoning requirements, and maximum density per the General Plan and certified Local Coastal Program shall apply where the:

1. Proposed development is located on a lot that is either prime farmland or farmland of statewide importance, as defined pursuant to United States [Department] of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

2. Proposed development on lots containing wetlands or their buffers, as defined by either Coastal Commission regulation section 13577(b) (Cal. Code of Regs., tit. 14) or the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993 or as revised), or other environmentally sensitive habitats as defined by Section 30.75.030, including those lands that have been conserved by dedication in fee title, easement covenants, or other forms of conservation easements.

3. Proposed development that is located on a lot having habitat for protected species identified as either a candidate, sensitive, or species of special status by state or federal agencies, or otherwise fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq. or as amended), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plan Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), which includes but is not limited to proposed development located on any one of the following Overlay zones:

a. Coastal Bluff Overlay Zone.

b. Bluff, Slope, and Canyon Overlay Zone.

c. Lagoon Overlay Zone.

d. Open Space Overlay Zone.

e. Historic Preservation Overlay.

4. Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the most recent FEMA Flood Insurance Rate Map ("FIRM").

5. Consistent with City codes, proposed development on a lot that falls entirely or partially within a mapped Very High Fire Hazard Severity Zone and does not have at least two emergency evacuation routes, an evacuation map specific to the parcel, or that cannot otherwise be mitigated to avoid loss of human life.

6. Proposed development on a lot within a delineated earthquake fault zone as determined by the State Geologist in adopted maps published by the California State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

7. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

8. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Government Code Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

9. Proposed development that would require demolition of an existing dwelling unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or demolition of a dwelling unit that has been occupied by a tenant in the last three years. An applicant must demonstrate whether an existing house on a property implementing an Urban Lot Split or altered to accommodate two dwelling units was owner occupied or rented by a tenant to the Director's satisfaction, including but not limited to the execution of an affidavit that is subject to the laws of perjury.

10. Proposed development that requires the demolition of more than 25 percent of the existing exterior structural walls of a dwelling unit unless the existing unit has not been occupied by a tenant in the last three years from the date of application submittal.

11. Projects proposing an Urban Lot Split on a lot that contains an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, unless the applicant converts one existing ADU or JrADU per lot to a primary dwelling unit and removes all other ADUs or JrADUs in compliance with this Chapter. When proposing an Urban Lot Split, an applicant shall choose whether to use the provisions of this Chapter or the provisions of the ADU and JrADU regulations consistent with Government Code Section 65852.21 and Section 65852.2, as amended, but shall not use both. In either case, each resulting lot shall not contain more than two units and each proposed primary unit shall be no more than 800 square feet in floor area.

12. On sites that have been established through prior entitlement of an Urban Lot Split; or when the owner of a parcel being subdivided and any person acting in concert with the owner, has previously subdivided an adjacent parcel using an Urban Lot Split as provided for in this Chapter.

13. Proposed development located within the North Beach District as identified in the Community Plan that due to flood hazards, limited public access to coastal resources, or impediments to public recreation.

(Ord. No. 996, § 2, 6-19-2023; Ord. No. 1018, § 8, 6-2-2025)

There shall be filed with an Urban Lot Split a grading plan showing any grading proposed for the creation of building sites within the subdivision or for construction of improvements to serve the subdivision. The grading plan together with the original topographical contours must be shown on the tentative map for an Urban Lot Split. This plan shall indicate approximate earthwork volumes of proposed excavation and filing operations. In the event no such grading is proposed, a statement to that effect shall be filed with the tentative map.

(Ord. No. 996, § 2, 6-19-2023)

There shall be filed with the tentative map a current preliminary title report for the property being subdivided.

(Ord. No. 996, § 2, 6-19-2023)

The Planning and Community Development Director is authorized and directed to carry out the following duties concerning applications for Urban Lot Split under this chapter which include the following:

A. Obtain the recommendations of other City departments, or other governmental agencies as may be deemed appropriate or reasonably necessary by the City Engineer in order to carry out the provision of this chapter; and

B. Consider all recommendations and the results of all investigations and ministerially approve or disapprove the application.

(Ord. No. 996, § 2, 6-19-2023)

Within 50 calendar days after a complete application for an Urban Lot Split Map is filed, the Director of Planning and Community Development shall ministerially approve or disapprove such map. The time limit specified in this section may be extended by mutual consent of the applicant and the city. If the Urban Lot Split is disapproved, the reasons therefore shall be stated in the notice of disapproval.

(Ord. No. 996, § 2, 6-19-2023)

A. Where an applicant proposes to revise or alter a submitted proposed Urban Lot Split application for which a tentative map has been previously approved by the Director of Planning and Community Development, the applicant may file with the Planning Department a revised Urban Lot Split application including the payment of established fees.

B. A revised tentative map for an Urban Lot split shall conform to the following requirements:

1. The proposed subdivision shown on such map shall generally conform to the street and lot pattern shown on the approved tentative map.

2. The proposed subdivision shown on such map shall include only one contiguous area consisting of all or a portion of the subdivision shown on the approved tentative map together with such additional land, if any, as the subdivider desires to include.

3. The revised tentative map shall contain all of the information required on previously approved tentative map and shall be accompanied by such data as is required to be filed with the proposed new tentative map.

4. A revised tentative map shall be filed with the City within 24-months from the final approval of the previous tentative map. Extension of time must be requested by the applicant to the Director of Planning and Community Development prior to the expiration of the 24-month map revision timeframe. Extensions of time are at the sole discretion of the Director of Planning and Community Development.

5. Upon the filing of a revised tentative map and payment of the prescribed fees, such revised tentative map shall be treated in all respects as an original tentative map and shall be reported on, approved, conditionally approved, or disapproved, in the same manner as the previously approved tentative map, provided, however, that the applicant shall have 12 months from the approval or conditional approval of the original tentative map within which to obtain final map approval, unless such period is extended pursuant to this Chapter, in which case, the applicant shall obtain final map approval within the period of any such extension.

(Ord. No. 996, § 2, 6-19-2023)

The Director of Planning and Community Development shall not approve an Urban Lot Split under the following circumstances:

A. Based on a preponderance of the evidence that the proposed subdivision would have a specific, adverse impact upon public health and safety, coastal resources, or the physical environment (including but not limited to sensitive coastal resources and public access) and where there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

B. The land proposed for subdivision is a lot or parcel which was part of an Urban Lot Split that the City previously approved.

C. The subdivision proposes creation of more than two lots or more than two units per lot.

D. If the Urban Lot Split does not meet the requirements of this Chapter or that all approvals or permits required by this Chapter for the project have not been issued.

E. Failure to comply with applicable, objective requirements of the Subdivision Map Act and this Chapter.

(Ord. No. 996, § 2, 6-19-2023)

The expiration of the Urban Lot Split shall be in accordance with Government Code Section 66452.6 or as revised and the following:

A. A tentative map shall expire 24 months after its approval or conditional approval.

B. Upon application received by the Planning Department at least 60 days prior to the expiration of the tentative map, the Director of Planning and Community Development, at their sole discretion, may extend the time of expiration for a period or periods not to exceed six years.

(Ord. No. 996, § 2, 6-19-2023)

Upon the approval of an Urban Lot Split by the Director of Planning and Community Development, the applicant or its agent shall transmit the map to the San Diego County Recorder's Office and ensure the timely recording of the Tentative Map. An Urban Lot Split subject to Section 66493 of the Subdivision Map Act shall be processed in compliance with Government Code Section 66464(b).

(Ord. No. 996, § 2, 6-19-2023)

Should a court of competent jurisdiction determine that these regulations are void or if certain terms or provision are voided, then those regulations shall either become void in their entirety or where the courts have determined that certain terms or provision are void by operation of the law then those terms and provisions shall have no force or effect.

(Ord. No. 996, § 2, 6-19-2023)