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The
identification of legal lots of record is critical to any study
of land use in Monterey County. The status of a lot will determine
what, if anything, can be built on it and will further determine
how many units can be built. Thus, any enumeration of buildout potential
must start with legal lots.
THE
DIFFERENCE BETWEEN A LOT AND A PARCEL
While often used interchangeably, there is a difference between
these two terms. Simply stated, a parcel is an identification for
taxation purposes, while a lot is a recognized subdivision of property
with a written legal description that addresses permissions or constraints
upon its development.
In
Figure 1 the solid lines represent parcels while the dotted lines
reference lots within a parcel; the circled numbers indicate a parcel
number, while the uncircled numbers represent the lot identification.
It is common for a lot and a parcel to share the same space, but
it is not always true, as our illustration demonstrates. It is possible
for a parcel to have more than one lot. The only way at present
to identify lots is check the property's legal description found
in the Recorder's Office. The Assessor's hard-copy parcel map books
are a starting place since lot information has not been digitized
or enumerated except in abbreviated legal descriptions attached
to parcel data. LandWatch therefore reviewed the map books and extracted
the information related to lots; lots were identified with relationship
to the parcel, evaluated for lot legality against the Recorder's
information and entered into the database developed.
Figure 1. Parcels with one or many lots.
LEGAL
LOT DETERMINATION
LandWatch utilized the definitions adopted by Monterey County through
its various ordinances, as listed below. Highlighted portions indicate
conditions for building multiple units on a single lot:
TITLE
20 (COASTAL ZONE)
Chapter
20.68.060 – Legal Nonconforming Building Sites
"Means
division of property into parcels when said parcels were shown on
the 1964-65 county tax roll under separate ownership, or a division
of property into four or less parcels shown on a record of survey
recorded prior to March 2, 1964, or record of survey of four or
less parcels, each of which is over two and one-half acres, recorded
prior to March 7, 1972, or parcels of two and one-half acres or
over when said parcels were shown under separate ownership prior
to March 7, 1972, when shown on a deed or deeds recorded on or before
March 7, 1972, when said parcels comply with applicable zoning ordinances
in effect at the time of division, or when said parcels are lots
on a recorded subdivision map approved by the Board of Supervisors
of the County of Monterey."
TITLE
21 (NON-COASTAL AREAS)
Chapter
21.68.060 - Legal Nonconforming Building Sites
"Means
division of property into parcels when said parcels were shown on
the 1964-65 county tax roll under separate ownership, or a division
of property into four or less parcels shown on a record of survey
recorded prior to March 2, 1964, or record of survey of four or
less parcels, each of which is over two and one-half acres, recorded
prior to March 7, 1972, or parcels of two and one-half acres or
over when said parcels were shown under separate ownership prior
to March 7, 1972, when shown on a deed or deeds recorded on or before
March 7, 1972, when said parcels comply with applicable zoning ordinances
in effect at the time of division, or when said parcels are lots
on a recorded subdivision map approved by the Board of Supervisors
of the County of Monterey."
TITLE
19 - SUBDIVISION ORDINANCE
Section
19.14.045 Unconditional Certificates of Compliance.
"A.
1. A parcel qualifies for an Unconditional Certificate of Compliance
if the real property in question complies with the provisions of
the Subdivision Map Act and County Ordinances enacted pursuant thereto
as follows:
a.
The subject property is 2.5 acres or greater and was conveyed by
a separate document as a separate parcel on or before March 7, 1972.
Written evidence shall be required to support this finding. Evidence
may be in the form of a contract of sale, grant deed, or deed of
trust which was recorded on or before March 7, 1972, or other evidence
such as copies or receipts for installment payments, etc., or similar
written documentation which establishes a bonafide conveyance on
or before March 7, 1972;
b.
The subject property in less than 2.5 acres and was conveyed by
a separate document as a separate parcel on or before March 2, 1964.
Evidence may be in the form of a contract of sale, grant deed, or
deed of trust which as recorded on or before March 2, 1964 or other
evidence such as copies of receipts for installment payments, etc.,
or similar written documentation which establishes a bonafide conveyance
on or before March 2, 1964; and
c.
The parcel in question complies with the provisions of the Subdivision
Map Act at the time of its creation; and
d.
At the time the contract, deed, or other document creating the subject
parcel was signed, the subject parcel complied with the applicable
County ordinances then in effect, including the parcel size required
by the then applicable zone district; and
e.
The parcel in question has not been combined by the owner, and is
not subject to merger…"
THE
NUMBER OF DWELLING UNITS THAT CAN BE BUILT ON A LEGAL LOT
In reviewing the table of permitted dwelling units, the reader may
notice that more than one unit may be built on a single lot. This
is entirely within the regulatory environment adopted by Monterey
County, as demonstrated in the citations listed below:
TITLE
20 ZONING ORDINANCE (COASTAL ZONE)
Chapter
20.10 Regulations for High Density Residential (HDR)
"20.10.040
Principal Uses Allowed, Coastal Administrative Permit Required in
Each Case
A.
The first single family dwelling per legal lot of record;
B.
Single family dwellings, between 5-8 dwelling units/acre, gross,
C.
Multiple dwellings and dwelling groups, between 5-8 dwelling units/acre,
gross;
20.10.050
Conditional Uses Allowed, Coastal Development Permit Required In
Each Case
A.
Any residential use, except the first single family dwelling on
a vacant lot, exceeding 8 dwelling units/acre gross;"
Chapter
21.12 Regulations for Medium Density Residential (MDR)
"20.12.040
Principal Uses Allowed, Coastal Administrative Permit Required in
Each Case.
A.
The first single family dwelling per legal lot of record;
20.12.050
Conditional Uses Allowed, Costal Development Permit Required in
Each Case
A.
Any residential use, except the first single family dwelling on
a vacant lot, exceeding 2 dwelling units/acre gross;"
Chapter
20.14 Regulations for Low Density Residential (LDR)
"20.14.040 Principal Uses Allowed, Coastal Administrative Permit
Required in Each Case
A.
The first single family dwelling per lot;
20.14.050
Conditional Uses Allowed, Coastal Development Permit Required in
Each Case.
A.
Additional residential units to a maximum of 4 on any lot
and not exceeding the zoning density of the property."
Chapter
20.16 Regulations for Rural Density Residential (RDR)
"20.16.040
Principal Uses Allowed, Coastal Administrative Permit Required in
Each Case
A.
The first single family dwelling per lot;
20.16.050
Conditional Uses Allowed, Coastal Development Permit Required in
Each Case.
A.
Additional residential units to a maximum of 4 on any lot and
not exceeding the zoning density of the property."
Chapter
20.17 Watershed and Scenic Conservation Residential (WSC)
"20.17.040
Principal Uses Allowed, Coastal Administrative Permit Required in
Each Case
A.
The first single family dwelling per legal lot of record;
B.
Second residential units not exceeding the zoning density of
the property;
20.17.050
Conditional Uses Allowed, Costal Development Permit Required in
Each Case.
A.
Additional residential units to a maximum of 4 units per lot,
and not exceeding the zoning density of the property."
TITLE
21 ZONING ORDINANCE (NON-COASTAL AREAS)
Chapter
21.10 Regulations for High Density Residential (HDR)
"21.10.030
Uses Allowed
A.
The first single family dwelling per lot
B.
Single family dwellings, not exceeding a density of 5 dwelling units/acre,
gross;
C.
Duplexes, not exceeding 5 dwelling units/acre, gross;
D.
Multiple dwellings not exceeding 5 dwelling units/acre gross;
21.10.040
Uses Allowed, Administrative Permit Required in Each Case
A.
Single family dwellings, between 5-10 dwelling units/acre, gross,
except for the first single family dwelling on a lot
B.
Duplexes, between 5-10 dwelling units/acre, gross;
C.
Multiple dwellings and dwelling groups, between 5-10 dwelling units/acre,
gross;
21.10.050
Uses Allowed, Use Permit Required In Each Case
A.
Any residential use, except the first single family dwelling
on a vacant lot, exceeding 10 dwelling units/acre gross;"
Chapter
21.12 Regulations for Medium Density Residential (MDR)
"21.12.030
Uses Allowed
A.
The first single family dwelling per lot;
21.12.040
Uses Allowed, Administrative Permit Required in Each Case
A.
Second single family dwelling provided the gross density does not
exceed the dwelling units/acre specified on the Sectional District
map (Not in Del Monte Forest);
B.
The first duplex on a vacant lot, not exceeding 2 dwelling units/acre
provided the gross density does not exceed the dwelling units/acre
specified on the Sectional District Map (Not in Del Monte Forest);
21.12.050
Use Allowed, Use Permit Required in Each Case
A.
Any residential use, except the first single family dwelling
on a vacant lot, exceeding 2 dwelling units/acre, gross, and not
exceeding four units, total (Not in Del Monte Forest);"
Chapter
21.14 Regulations for Low Density Residential (LDR)
"21.14.030
Uses Allowed
A.
The first single family dwelling per lot;
21.14.040
Uses Allowed, Administrative Permit Required in Each Case
E.
Second residential unit not exceeding the zoning density of the
property;
21.14.050
Uses Allowed, Use Permit Required in Each Case.
A.
Additional residential units to a maximum of 4 on any lot
and not exceeding the zoning density of the property."
Chapter
21.16 Regulations for Rural Density Residential (RDR)
"21.16.030
Uses Allowed
A.
The first single family dwelling per lot;
21.16.040
Uses Allowed, Administrative Permit Required in Each Case
E.
Second residential unit not exceeding the zoning density of the
property;
21.16.050
Uses Allowed, Use Permit Required in Each Case.
Additional
residential units to a maximum of 4 on any lot
and not exceeding the zoning density of the property."
Chapter
21.36 Regulations for Resource Conversation (RC)
"21.36.030
Uses Allowed
A.
The first single family dwelling per lot;
21.36.040
Uses Allowed, Administrative Permit Required in Each Case
C.
Second residential unit not exceeding the zoning density of the
property;
21.16.050
Uses Allowed, Use Permit Required in Each Case.
A.
Additional residential units to a maximum of 4 units per lot
not exceeding the zoning density of the property."
LEGAL
LOTS OF RECORD AND POTENTIAL DWELLING UNITS: UNINCORPORATED AREAS
First, the Assessor's tabular file was examined for vacant parcels
in unincorporated areas; these were identified by the improvement
value associated with each parcel in tax rate areas not associated
with any of the incorporated cities (see below for tax rate area
details). Two values are assigned to each parcel in the County -
a land value and an improvement value. While the land value speaks
to the approximate value of the actual land, the improvement value
speaks to the approximate value of anything added to the land, such
as structures. If the improvement value is zero, and the parcel
is not publicly owned, the parcel has no structures built upon it.
Second,
the list of vacant parcels was then refined to identify parcels
with land use designations identified as having a residential capability.
These included the following the County Assessor's land use designations:
1A:
Vacant Single Family Dwelling, 1 site
1B: Vacant Single Family Dwelling, 2 or more sites
1C: 1 Single Family Dwelling on 1 site
1D: 1 Single Family Dwelling on 2 or more sites
1E: 2 or more Single Family Dwellings on 1 site
1G: Miscellaneous improvements, 1 or more Single Family Dwelling
sites
1H: 2 or more Single Family Dwellings and 2 or more sites
1M: Vacant transitional
2A: Vacant zoned Multi-Family Dwelling
2B: 2 units on 1 site
2C: 3-4 unit apartment developed site
2D: 5-15 unit apartment
2E: 16-30 unit apartments
2F: 31 units or more
2G: Condo and townhouses living unit
2J: 1 Single Family Dwelling on multi-zoned 1 site
2K: 1 Single Family Dwelling - multi-family extra land
2M: Vacant transitional
3A: Residential use Vacant up to 10 acres
3B: Residential use Vacant 11 - 40 acres
3C: Undeveloped 40 - 300 acres
3D: Undeveloped 301 or more acres
3E: Improved residential use up to 10 acres
3F: Improved residential use 11 - 40 acres
4A: Grazing, etc.
4B: Dry farming
Third,
each vacant parcel in the new listing was reviewed against the Assessor's
hard-copy maps to determine the number of lots it contained. These
lots were then reviewed against the Assessor's legal description
of each parcel and against recorded subdivisions and surveys (please
see the section above on determining legal lots of record). Any
lots not having been properly recorded were removed from the total
of available vacant lots.
Fourth,
each lot in the new listing was then reviewed, using the County's
adopted land use plan maps and zoning maps to determine how many
dwelling units could be built upon them.
In
the table on the following page, the vacant lots and potential dwelling
units for each Planning Area, Land Use Plan Area, and Master Plan
Area are listed. These are broken down by the type of dwelling units
permitted: multi-family dwellings, resource conservation dwellings
and single family dwellings.
TABLE
2. LEGAL LOTS OF RECORD AND POTENTIAL DWELLING UNITS: UNINCORPORATED
AREAS
LEGAL
LOTS OF RECORD AND POTENTIAL DWELLING UNITS: INCORPORATED AREAS
As with the section on unincorporated areas, above, the Assessor's
tabular file was searched for vacant parcels in the incorporated
cities of Monterey County. Each incorporated area has a tax rate
area code assigned to it; these are listed below for reference:
01
= Carmel
02 = King City
03 = Monterey
04 = Pacific Grove
05 = Salinas
06 = Soledad
07 = Gonzales
08 = Greenfield
09 = Del Rey Oaks
010 = Seaside
011 = Sand City
012 = Marina
A
base level for lot identification in Peninsula cities was obtained
from a study completed for the Monterey Peninsula Water Management
District. It was compared to the current Assessor parcel lists.
Once the parcels associated with each incorporated area were identified,
vacant parcels were identified by their improvement value. As noted
above, two values are assigned to each parcel in the County - a
land value and an improvement value. While the land value speaks
to the approximate value of the actual land, the improvement value
speaks to the approximate value of anything added to the land, such
as structures. If the improvement value is zero, and the parcel
is not publicly owned, the parcel has no structures built upon it.
Second,
the list of vacant parcels was then refined to identify parcels
with land use designations identified as having a residential capability.
These included the same Assessor's land use designations as those
included in the unincorporated area search (above).
Third,
each vacant parcel in the new listing was reviewed against the Assessor's
hard-copy maps to determine the number of lots it contained. These
lots were then reviewed against the Assessor's legal description
of each parcel and against recorded subdivisions and surveys (please
see the section above on determining legal lots of record). Any
lots not having been properly recorded were removed from the total
of available vacant lots.
Fourth,
each lot in the new listing was then reviewed, using the cities'
adopted land use plan maps and zoning maps to determine how many
dwelling units could be built upon them.
For
cities in the Salinas Valley, the same process was used: vacant
lots were identified, their legal lot status determined, and land
uses and zoning requirements were reviewed to determine the number
of housing units that could be built.
In
the following table, the vacant lots and potential dwelling units
for each city. These are broken down by the type of dwelling units
permitted: multi-family dwellings, resource conservation dwellings
and single family dwellings.
TABLE
3. LEGAL LOTS OF RECORD AND POTENTIAL DWELLING UNITS: INCORPORATED
AREAS
For
clarity in comparison, we have left in the columns for Resource
Conservation land use, but in reality, this is a land use classification
that would not typically be found in cities.
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