Monterey Municipal Code Art. 7 Urban Lot Splits in Single-Family Zoning Districts

This Article sets forth the objective zoning and subdivision standards for urban lot splits within single-family residential zones to facilitate the development of new residential housing units consistent with the City’s General Plan and to ensure sound standards to protect public health and safety. (Ord. 3709 § 14, 2025)

As used in this Article:

a.“Acting in concert” means pursuing a shared goal to split adjacent lots pursuant to an agreement or understanding, whether formal or informal.

b.“Adjacent parcels” means parcels of land that (1) share a common boundary or corner, or that touch each other at any point; (2) are separated at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated only by other real property which is in common ownership or control of the applicant.

c.“Car share vehicle” means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

d.“Common ownership or control” means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns 10 percent or more of the interest in the property.

e.“Director” means the Community Development Director or designee.

f.“Lower income household” has the meaning set forth in Health and Safety Code Section 50079.5.

g.“Moderate income household” has the meaning set forth in Health and Safety Code Section 50093.

h.“Single-family zoning districts” means property zoned R-E Residential Estate District, R-1 Residential Single-Family District, or PC Planned Community Zoning District where the General Plan land use designation is low density residential.

i.“Specific adverse impact” is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or General Plan land use designation, and eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g), shall not constitute a specific adverse impact.

j.“Urban lot split” means a one-time subdivision of an existing parcel in a single-family zoning district into no more than two separate parcels that meet all the criteria and standards for approval set forth in this Article.

k.“Very low income household” has the meaning set forth in Health and Safety Code Section 50105. (Ord. 3709 § 14, 2025)

a.The City shall ministerially review and approve or deny an application for an urban lot split that subdivides an existing parcel in a single-family zoning district to create no more than two new parcels as provided by Government Code Section 66411.7 and this Article. A maximum of two dwelling units of any kind (including primary dwelling units, accessory dwelling units, junior accessory dwelling units, density bonus units, and units created as a two-unit development pursuant to Section 38-26.1 et seq.) are permitted on a lot created through an urban lot split.

b. Denial.If the City denies the application within the 60-day review period, the City shall return in writing a full set of comments to the applicant with the list of items that are defective or deficient and a description of how the application can be remedied by the applicant. An urban lot split map shall be denied for any parcel:

1.Described in Government Code Sections 65913.4(a)(6)(B) through (a)(6)(K), incorporated herein by reference, as that section read on September 16, 2021. Such parcels include, for example, parcels located in earthquake fault zones, hazardous waste sites, wetlands, very high fire severity zones (unless the site has adopted certain fire hazard mitigation measures), in special flood hazard areas or regulatory floodways, protected habitats, etc.;

2.Created by prior exercise of an urban lot split;

3.Adjacent to a parcel that was created by prior exercise of an urban lot split by the owner, or a person acting in concert with the owner of the parcel sought to be split;

4.That requires demolition or alteration of any of the following types of housing:

A.Housing 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;

B.Housing that is subject to any City ordinance imposing rent control;

C.Housing that has been occupied by a tenant in the last three years; or

D.A parcel on which an owner exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw a unit from rent or lease within the past 15 years;

5.Located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated as a City landmark or historic property or historic district pursuant to a City ordinance; or

6.If the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

c. Approval.An urban lot split map shall be approved if the following criteria are met:

1.The parcel is located within a single-family residential zone;

2.The minimum lot size for both resulting parcels created by an urban lot split is no smaller than 1,200 square feet;

3.The lots created by an urban lot split are of approximately equal area, such that no resulting parcel shall be smaller than 40 percent of the lot area of the original parcel proposed for subdivision;

4.There will be no more than two dwelling units of any kind (including primary dwelling units, accessory dwelling units, junior accessory dwelling units, density bonus units, and units created as a two-unit development pursuant to Section 38-26.1 et seq.) on a lot created through the urban lot split;

5.No lot line would bisect any existing structure or would result in more than two dwelling units on any resulting parcel;

6.The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:

A.The application of such standards shall not preclude two units, each with a unit size up to 800 square feet on the resulting parcels created pursuant to this chapter.

B.Notwithstanding subsection (c)(6)(A) of this section, required rear and side yard setbacks shall equal at least four feet, except that no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure;

7.Each resulting parcel shall have access to, provide access to, or adjoin the public right-of-way. Resulting parcels that do not adjoin the public right-of-way shall provide an access easement no less than 12 feet wide and of the length required to connect the resulting parcel to the public right-of-way. This easement area shall be unobstructed and uninterrupted. The easement document shall be prepared at the owner’s expense and shall be recorded by City staff at the same time that the urban lot split map is recorded. The easement shall contain a maintenance agreement to ensure shared maintenance of any shared access easements, landscaping, and private utilities prior to final parcel map recordation. A covenant of easement shall be recorded pursuant to Article 8, Sections 33-8.00 through 33-8.02. For purposes of meeting lot size criteria set forth in subsections (c)(2) and (c)(3) of this section, the easement does not reduce the lot size of the servient tenement (the land that provides the easement);

8.Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed sufficiently to allow separate conveyance. The proposed dwelling unit shall provide a new or separate utility connection, including a separate sewer lateral, between each proposed dwelling unit and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the proposed dwelling units or their drainage fixture unit (DFU) values. Separate electric and water submeters shall be required for the proposed dwelling unit. Separate water meters shall be required for the proposed dwelling units when the City’s water purveyor is allowed to establish new water meters;

9. Parking.One off-street parking space that meets the parking dimension standards adopted by the Planning Commission shall be required for each unit created by an urban lot split, except that no parking may be required where:

A.The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

B.There is a designated parking area for one or more car share vehicles within one block of the parcel;

10. Compliance With Subdivision Map Act.The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in Government Code Section 66411.7 and this Article. Notwithstanding Government Code Section 66411.1, no dedications of rights-of-way or the construction of off-site improvements may be required as a condition of approval for an urban lot split, although easements may be required for the provision of public services and facilities;

11.The correction of nonconforming zoning conditions may not be required as a condition of approval;

12.Parcels created by an urban lot split shall be used for residential uses only and shall not be used for rentals of less than 30 days;

13.If any existing dwelling unit is proposed to be demolished, the owner will comply with the replacement housing provisions of Government Code Section 66300.5 or successor provision.

d. Application Processing.

1.Applications for an urban lot split shall be submitted to, and made on forms kept and updated by, the Director, who shall be responsible for determining within 60 days of receipt of a completed application whether an urban lot split meets the requirements for ministerial approval.

2.An application shall include an affidavit from the property owner, signed under penalty of perjury that:

A.The owner (if multiple owners, at least one owner) intends to occupy one of the housing units on the newly created parcels as their principal residence for a minimum of three years from the date of the recording of the parcel map. This subsection shall not apply to a “community land trust,” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit corporation,” as described in Revenue and Taxation Code Section 214.15.

B.If any existing housing is proposed to be altered or demolished, the owner shall state that none of the conditions listed in subsection (b)(4) of this section exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).

C.That neither the owner or applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an urban lot split.

3.The City Manager or their designee is authorized to execute the restrictive covenant required under this section on behalf of the City and to deliver any approvals or consents required by the covenant. Prior to approval and recordation of the parcel map, the applicant shall record a restrictive covenant in the form prescribed by the City Attorney, which shall run with the land and provide for the following:

A.A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this Article;

B.A prohibition on nonresidential uses of the parcel created by an urban lot split; and

C.A prohibition against renting or leasing the units for fewer than 30 consecutive calendar days.

D.A maximum of two dwelling units of any kind, including but not limited to primary dwelling units, accessory dwelling units, and junior accessory dwelling units, are permitted on a lot created through an urban lot split unless approved as an affordable unit incentive pursuant to Section 38-26.1(G)(1)(a). (Ord. 3709 § 14, 2025)