Del Mar · Building on your lot
Building on your lot in Del Mar
Del Mar sets when a small detached accessory building or a garage set into an embankment may skip yard rules. It also has a section on fences and retaining walls.
Key points
- Accessory buildings: One-story accessory buildings up to 500 square feet and 30 feet per side may occupy the rear yard, except in R1-40, R1-14 and R1-10.
- Fences: Del Mar regulates fences and retaining walls in Section 30.86.090 of its code.
Each rule below is marked Del Mar code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.
Sheds, garages and other accessory structures
Del Mar code One-story accessory buildings up to 500 square feet and 30 feet per side may occupy the rear yard, except in R1-40, R1-14 and R1-10.
All 3 Del Mar rules on sheds, garages and other accessory structures, with the code text →
Lot splits under SB 9
Del Mar code The 2 new lots must be about equal; neither may be smaller than 40% of the original lot area. New units may be no larger than 800 square feet.
All 9 Del Mar rules on lot splits under SB 9, with the code text →
Solar panels and EV chargers
Del Mar code Administrative, nondiscretionary review; the Building Official issues permits when the application meets the checklist and applicable laws. You may apply in person, by mail, or electronically, and must pay the permit processing and inspection fees.
All 4 Del Mar rules on solar panels and EV chargers, with the code text →
Tree removal
| Exemptions |
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Swimming pools
Del Mar code The pool barrier must have no openings. The fence or wall must not offer ladder-like or step-like footholds for climbing.
All 11 Del Mar rules on swimming pools, with the code text →
Building in a flood zone
| Floodplain permit |
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|---|
Noise and construction hours
Del Mar code 7:00 a.m. to 7:00 p.m. 9:00 a.m. to 7:00 p.m.
All 8 Del Mar rules on noise and construction hours, with the code text →
Family child care homes
| Zoning | A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning |
|---|---|
| Business license or fee | A city or county may not charge a business license, fee or tax to run a family child care home |
| Local rules | Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone |
| Small home | Up to eight children, counting the provider's own children under 10 who live there |
| Large home | 7 to 14 children, counting the provider's own children under 10 who live there |
Affordable units in new housing (inclusionary)
Del Mar code Work on existing dwelling units that adds no dwelling units is exempt. Replacing involuntarily damaged or destroyed dwelling units is exempt if no dwelling units are added.
All 8 Del Mar rules on affordable units in new housing (inclusionary), with the code text →
Signs on homes
| Other temporary signs |
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|---|
Trash and recycling carts
| When carts must come back |
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|---|---|
| When carts may go to the curb |
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Historic homes
| Changing a historic home |
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|---|---|
| Demolishing an older or historic home |
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Other Del Mar rules on this
Del Mar's code also has these chapters. We have not summarized their values on this page yet; read them in the library.
- Fences and retaining walls (§ 30.86.090)
- Only household pets may be kept (§ 30.86.020)
- Excavation and grading permit (Ch. 23.32)
- Erosion control for grading on bluffs, slopes and canyons (§ 30.52.120) — Bluff, Slope and Canyon Overlay Zone only
- Regional transportation fee (§ 24.42.040)
Who this affects
Frequently asked questions
How tall can a fence be in Del Mar?
Del Mar regulates fences and retaining walls in Section 30.86.090 of its code. Del Mar also has a related rule: Fences and retaining walls (§ 30.86.090).
Do I need a permit to remove a tree in Del Mar?
Del Mar's code: You must file a Notice of Intent with the Planning Director 2 working days before removal. (Applies to a protected tree that is exempt from the permit requirement.) (§ 23.50.040).
What are the rules for building in a Del Mar flood zone?
Del Mar's code: New construction or substantial improvement needs a Floodplain Development Permit first; no building or development permit is issued before it. (Applies when this chapter requires the permit.) (§ 30.56.045).
Can I run a family child care home in Del Mar?
California law sets this for every city, including Del Mar: Zoning: A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning (Health & Safety Code § 1597.45(a)); Business license or fee: A city or county may not charge a business license, fee or tax to run a family child care home (Health & Safety Code § 1597.45(b)); Local rules: Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone (Health & Safety Code § 1597.45(e)); Small home: Up to eight children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(c)); Large home: 7 to 14 children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(b)).
What signs may I put up at my home in Del Mar?
Del Mar's code: temporary signs up to five and one-half square feet for each individual unit, measured on one side of the sign (lot zoned for residential use) (§ 30.84.030).
When can trash carts go out to the curb in Del Mar?
Del Mar's code: Remove all containers from the curb, alley or right-of-way before noon on the day after collection. (Applies to residents.) (§ 11.20.170); No earlier than 4:00 p.m. on the day before scheduled collection. (Applies to residents.) (§ 11.20.170).
What rules apply to a historic home in Del Mar?
Del Mar's code: Design Review Board approval is required. (Applies within the HP Overlay Zone.) (§ 30.58.060); Design Review Board approval is required. Demolition is allowed only if no viable alternatives exist. (Applies to designated historic landmarks; alternatives must be fully addressed in an Environmental Impact Report.) (§ 30.58.060).
General information, not legal advice.
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