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Division 1 — Generally›Chapter 33›Article 6 — RESIDENTIAL ZONES

§ 33-116. Urban lot split.

Escondido Zoning Code · 2026-05 edition · updated 2026-07-25 · Escondido

  • (a) Purpose. The purpose of section 33-116 is to appropriately regulate qualifying Senate Bill 9 urban lot split developments within single-family residential zones in accordance with California Government Code section 66411.7.

  • (b) For the purposes of this section, "two-family dwelling" shall have the same meaning as that identified in section 33-115.

  • (c) Urban lot splits, as defined in section 33-8, shall be approved ministerially without discretionary review.

  • (d) Urban lot splits are not permitted on the following parcels:

    • (1) Those described in section 33-115(e)(2);

    • (2) Parcels that were created by a prior urban lot split;

    • (3) Parcels adjacent to those which the owner or someone acting in concert with the owner has previously subdivided through an urban lot split process.

    • (4) Parcels where subdivision would result in either of the new parcels being out of compliance with the maximum unit sizes identified in subsection 33-115(f)(1).

    • (5) Parcels containing more than two units, as that term is described in subsection 33-115(g)(7)(A).

  • (e) All provisions of the Subdivision Map Act and the Escondido Municipal Code shall apply unless expressly modified in this section.

    • (1) No dedication of right-of-way or construction of off-site improvements shall be required as a condition of parcel map approval.

    • (2) If the urban lot split is proposed on a public street that has not been dedicated to its ultimate width, public access and utility easements shall be recorded as a condition of parcel map approval.

  • (f) Development Standards. Parcels shall be subject to all development standards of the zone in which the property is located and development standards are related to the design or improvements of a parcel, except as modified below:

    • (1) Lot Size.

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City of Escondido, CA

ESCONDIDO CODE

§ 33-116

§ 33-116 

  - (A) Each newly created lot shall be at least 40% of the lot area of the parcel being divided. 

  - (B) Each newly created parcel shall be no smaller than 1,200 square feet.

  • (2) Setbacks, unit size, and parking requirements shall be the same as those in section 33-115(f).

  • (g) A parcel created by an urban lot split shall be permitted to have a total of two units. This can be achieved through either a two-family dwelling, a single-family dwelling with an ADU, or a single-family dwelling with a junior ADU.

  • (h) Parcels created by an urban lot split shall not be required, as a condition of ministerial approval, to correct nonconforming zoning conditions.

  • (i) An application for an urban lot split shall not be rejected solely because it proposes adjacent or connected structures, provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

  • (j) Access to lots shall be in conformance with Article 39 of the Escondido Zoning Code. Dead end access shall be no longer than 150 feet in length unless a Fire Department approved turn-around is provided. Fire Department access shall be a minimum of 20 feet in unobstructed width.

  • (k) Each dwelling unit and parcel shall have access to, provide access to, or adjoin the public right-of-way. Accessibility shall be in conformance with the Building Code and Americans with Disability Act, and shall not preclude construction of future public improvements

  • (l) Easements for the provision of public facilities, utilities, access, and/or emergency access shall be provided as a condition of approval of an urban lot split.

  • (m) Unless specifically exempted pursuant to Government Code sections 66411.7(g)(2) and (3), an applicant for an urban lot split shall sign 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 the approval of the urban lot split.

  • (n) Units on parcels created subject to this section shall, if rented, be rented for a term longer than 30 days.

  • (o) Applications for urban lot splits shall be processed in the same manner as those for tentative parcel maps, and shall be subject to the applicable requirements contained in Chapter 32 of the Escondido Municipal Code.

  • (p) Notes shall be included on the parcel map which reference compliance with sections 33-115 and 33-116 of the Escondido Zoning Code, and any other provisions of said code related to urban lot splits.

  • (q) Fees for urban lot split applications shall be the same as those assessed for other tentative parcel map and parcel map applications.

  • (r) Denial of Permit. The city may deny a request for an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the request would have a specific, adverse impact, as defined and determined in paragraph of subdivision (d) of section 65589.5 the California Government Code, upon public health and

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City of Escondido, CA § 33-116

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▸ Contents — Escondido Zoning Code
Escondido Zoning Code
  1. Chapter 6
  2. Division 2 — Routing
  3. Division 2 — Weed and Rubbish Abatement Program
  4. ▸ Division 1 — Generally
    Overview
    1. § 11-53. Created and established.
    2. § 11-54. Purpose.
    3. § 11-55. Membership.
    4. § 11-56. Members in classified service and subject to civil se…
    5. § 11-57. Personnel to obey fire chief and rules and regulation…
    6. § 11-63. Appointment; tenure.
    7. § 11-64. Qualifications.
    8. § 11-65. Status of employment.
    9. § 11-66. General authority.
    10. § 11-67. To perform duties prescribed by city manager.
    11. § 11-68. To aid enforcement of ordinances, report violations.
    12. § 11-69. Duty to promulgate and enforce rules, regulations for…
    13. § 11-70. Authority, duty to inspect buildings, premises and or…
    14. § 11-71. Right of entry to make inspections.
    15. § 11-72. Duty to investigate fires, maintain records.
    16. § 11-73. Duty to preserve order at fires.
    17. § 11-74. Provide instruction for department in first aid, etc.
    18. § 11-75. Duty to call fire drills; purpose of drills.
    19. § 11-76. Responsible for conduct of and property of department.
    20. § 11-77. Duty to recommend disciplinary action.
    21. § 11-78. Duty to make reports; contents.
    22. § 11-79. To submit annual budget.
    23. Chapter 20
    24. Chapter 32
    25. ▸ Chapter 33
      Overview
      1. § 33-1313. Penalty provisions.
      2. Article 1 — GENERAL PROVISIONS AND DEFINITIONS
      3. Article 2 — OPEN SPACE AND HAZARDOUS LANDS GENERALLY
      4. Article 3 — OPEN SPACE (OS) ZONE
      5. Article 4 — FLOOD PLAIN (FP) OVERLAY ZONE
      6. Article 5 — OPEN SPACE DEVELOPMENT STANDARDS
      7. ▸ Article 6 — RESIDENTIAL ZONES
        Overview
        1. § 33-90. Purpose.
        2. § 33-91. Designation of single-family residential sub-zones.
        3. § 33-92. Designation of multiple-family residential sub-zones.
        4. § 33-93. General plan compatibility matrix.
        5. § 33-94. Permitted and conditional uses and structures.
        6. § 33-94 ==> picture [424 x 621] intentionally omitted <==
        7. § 33-94 ==> picture [424 x 584] intentionally omitted <==
        8. § 33-95. Permitted accessory uses and structures.
        9. § 33-95 ZONING
        10. § 33-96. Prohibited primary uses and structures.
        11. § 33-97. Property development standards.
        12. § 33-98. Parcel requirements.
        13. § 33-100 ==> picture [424 x 186] intentionally omitted <==
        14. § 33-99. Front setback.
        15. § 33-100. Side setback.
        16. § 33-102 Notes:
        17. § 33-101. Rear setback.
        18. § 33-102. Accessory building setback requirements.
        19. § 33-103. Accessory buildings and building requirements.
        20. § 33-104. Projections into setbacks (single- and multifamily z…
        21. § 33-105 shall be grown or maintained at a height or location …
        22. § 33-105. Projections into setback (R-T zone).
        23. § 33-107 - (a) Fences and walls in accordance with city codes …
        24. § 33-106. Plan approval required.
        25. § 33-107. Building requirements, generally.
        26. § 33-108. Building requirements, multifamily zones.
        27. § 33-110 included in the combination of buildings on both side…
        28. § 33-109. Parking and loading requirements.
        29. § 33-110. Supplemental parking for detached single-family homes.
        30. § 33-113 parking;
        31. § 33-111. Mobilehomes in single-family zones (excluding mobile…
        32. § 33-112. Landscaping.
        33. § 33-113. Performance standards.
        34. § 33-115 prevention.
        35. § 33-114. Small lot development.
        36. § 33-115. Two-family dwellings in single-family residential zo…
        37. § 33-115 Structural Design.
        38. § 33-116 - (A) For the purposes of this subsection, "unit" ref…
        39. § 33-116. Urban lot split.
        40. § 33-116 safety or the physical environment and for which ther…
      8. Article 9 — ANIMAL OVERLAY (AO) ZONE
      9. Article 11 — (RESERVED)
      10. Article 13 — (RESERVED)
      11. Article 16 — COMMERCIAL ZONES
      12. Article 18 — SPECIFIC PLAN (S-P) ZONE
      13. Article 19 — PLANNED DEVELOPMENT (P-D) ZONE
      14. Article 24 — (RESERVED)
      15. Article 25 — PARKING OF RECREATIONAL VEHICLES IN RESIDENTIAL Z…
      16. Article 26 — INDUSTRIAL ZONES
      17. Article 27 — EMERGENCY SHELTER OVERLAY
      18. Article 30 — HAZARDOUS CHEMICAL OVERLAY (H-C-O) ZONE
      19. Article 31 — SEWAGE TREATMENT PLANT (S-T-P) OVERLAY ZONE
      20. Article 32 — BED AND BREAKFAST FACILITIES
      21. Article 33 — RECYCLING FACILITIES
      22. Article 34 — COMMUNICATION ANTENNAS
      23. Article 35 — OUTDOOR LIGHTING
      24. Article 36 — CARGO CONTAINER RESTRICTIONS
      25. Article 37 — PUBLIC ART
      26. Article 38 — MASSAGE ESTABLISHMENTS
      27. Article 39 — OFF-STREET PARKING
      28. Article 40 — HISTORICAL RESOURCES
      29. Article 41 — SENIOR HOUSING
      30. Article 42 — ADULT BUSINESSES
      31. Article 43 — ABANDONED SERVICE STATIONS
      32. Article 44 — HOME OCCUPATIONS
      33. Article 45 — MOBILEHOME PARKS
      34. Article 46 — TRAVEL TRAILER PARKS
      35. Article 47 — ENVIRONMENTAL QUALITY
      36. Article 48 — RELOCATION OF BUILDINGS
      37. Article 49 — AIR SPACE CONDOMINIUM AND COMMUNITY APARTMENT PRO…
      38. Article 52 — FREEWAY SIGN CONTROL
      39. Article 55 — GRADING AND EROSION CONTROL
      40. Article 56 — MISCELLANEOUS DEVELOPMENT STANDARDS
      41. Article 57 — MISCELLANEOUS USE RESTRICTIONS
      42. Article 58 — DEVELOPMENT AGREEMENTS
  5. Division 1
  6. Division 2 — Variances and Administrative Adjustments
  7. Division 3 — Nonconforming Uses and Structures
  8. Division 4 — Amendments and Zone Changes
  9. Division 5 — Reasonable Accommodation
  10. Division 6 — Public Hearings, Notices, Fees and Appeals
  11. Division 7 — Enforcement and Penalties
  12. Division 8 — Plot Plans
  13. Division 9 — Zoning Administrator

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