Room Enough: METHODOLOGY: 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.