Monterey Municipal Code Art. 9 Merger of Substandard Lots

This Article is adopted pursuant to Article l.5, Sections 6645l.10 through 66451.21 of the Government Code of the State of California, and the City’s Charter powers.

The provisions of this article shall extend to all eligible parcels of land within the City, including specifically, but not limited to, all residentially-zoned property; R-l, R-2, R-E, and R-G. (Ord. 3709 § 16, 2025. Formerly 33-100)

Two or more contiguous parcels or units of land may be merged by the City Council when held by the same owner if any of the contiguous parcels or units held by the same owner does not conform to the standards for minimum parcel size, and if all of the following requirements are satisfied:

a.At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is partially sited on a contiguous parcel or unit; and

b.With respect to any affected parcel, one or more of the following conditions exist:

1.Comprises less than 5,000 square feet in area at the time of determination of merger.

2.Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

3.Does not meet current standards for sewage disposal and domestic water supply.

4.Does not meet slope stability standards.

5.Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

6.Its development would create health and safety hazards.

7.Is inconsistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards.

c.For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded. (Ord. 3709 § 16, 2025; Ord. 3524 § 3, 2015. Formerly 33-101)

The procedure for merger of substandard lots shall be as set forth in Sections 6645l.12 through 66451.21 inclusive. Said sections are hereby incorporated by reference as if fully set forth herein. (Ord. 3709 § 16, 2025. Formerly 33-102)