Department of Planning and Permitting City & County of Honolulu Understanding Lot Determinations Mario Siu-Li, Chief, Subdivision Branch January 30, 2015 Why needed? A Tax Map Parcel may consist of more than one lot. Real Property Tax Office may require lot determination before issuing additional parcel numbers. Title insurance may not be available unless the City confirms that a property not found in the City’s subdivision record is considered a lot that can be developed. To determine whether a use, structure or project meets zoning standards. Some Useful Terms Zoning Lot. Land unit for regulatory and development purposes. It originates from the zoning code. Lot of Record. Land unit of ownership resulting from the laws of division and conveyances. It is always recorded in some form (map, deed, etc.) Parcel (Tax Map). Land unit for real property taxation whose ownership is held entirely by one or more parties. Some Useful Terms Subdivided Lot . A land unit intended for transfer of ownership or interest therein or for development purpose, and created pursuant to the Subdivision Ordinance and Rules and Regulations of the City and County of Honolulu. At one time or another all of these terms have been used interchangeably, but there are differences. Subdivision Regulations Prior to 1926, there was almost no governmental regulation of the subdivision of land on Oahu. The only attempt at subdivision planning was Ordinance No. 31 of 1911, by which the Mayor and the Board of Supervisors may grant by resolution the right to layout subdivisions in the City according to plat. However, the ordinance was ineffective due to lack of enforceable standards and was repealed the following year. Subdivision Regulations In 1926, the Honolulu Board of Supervisors adopted Ordinance No. 306 which provided for municipal review and approval of those subdivisions seeking extension of utilities and services rendered by the City. Applications for subdivisions under Ordinance No. 306 were processed by an advisory City Planning Commission and approved by the Board of Supervisors. Very few subdivisions were processed before 1940. Subdivision Regulations Act 242 of the 1939 Territorial Legislature, which became part of the Revised Laws of Hawaii 1945, charged the City Planning Commission with the preparation of a master plan for the City of Honolulu, and gave it the authority to approve subdivisions within master planned areas. No master plans were in place until the first eight areas within the master plan were adopted in 1942-43 and ratified by the Legislature in 1943. Subdivision Regulations Act 242 of the 1939 Legislature, also stated that after adoption of master plan or portion thereof, no map of subdivision of residential land within any area covered by the master plan shall be received for recordation in the office of the registrar of conveyances or assistant registrar of the land court unless the map has been approved by the Planning Commission. Subdivision Regulations In the meantime, the Planning Commission adopted Subdivision Rules and Regulations regulating subdivisions for residential purposes on December 28, 1939. Subsequently, Ordinance No. 865 was adopted regulating the subdivision of land within the City and County of Honolulu, on November 27, 1940. This ordinance provided for approval of all subdivisions except for those for agricultural purposes. Subdivision Regulations Act 222 of the 1949 Legislature made all Oahu subdivisions, regardless of use or location subject to approval by the City Planning Commission. Subdivision Rules and Regulations adopted by the Planning Commission on September 15, 1949, incorporated the provisions of Act 222, and provided authority for approval of all subdivisions, including those for agricultural purposes. Some Conclusions For the period prior to 1940, before the City Planning Commission was charged with approving subdivisions, the City does not have good, reliable subdivision records. During 1940, the City only had authority to approve residential subdivisions. After 1940, the City could approve subdivisions for all purposes except agricultural use. After 1949, all subdivisions, including agricultural ones, required City approval. Some Conclusions Per Court decisions in the early 1940’s, a subdivision could be recorded in the Land Court without approval from the Planning Commission unless it was within an area covered by an adopted master plan. It was not until 1949 that the Land Court was statutorily prohibited from accepting a subdivision map for recordation without the approval of the City Planning Commission. Some Conclusions Lots of record created prior to 1940 are definite candidates for lot determination. Some lots of record created between 1940 and 1949 are candidates for lot determination if they were not within a master plan area, or were set aside for agricultural purposes. All lots subsequent to 1949 should have been created through the City’s subdivision process. Instructions Purpose. To determine whether a property is recognized by the City as a separate lot for development purposes. Requirements. - General Information including property location, address, Tax Map Key, and contact person for the request. - A signed and stamped statement from a licensed surveyor. Instructions - Two copies of deeds, maps, and other documents that are the basis for the surveyor’s determination. - Five prints of a map stamped by the licensed surveyor showing the metes and bounds dimensions and lot areas. - Filing fee of $400. Check shall be made payable to the City and County of Honolulu. Example 1 One Tax Map Key Parcel Example 1 Two Lots of Record Example 2 Three Tax Map Key Parcels Example 2 One subdivided lot Example 3 14 subdivided lots = 14 lots of record = 1 zoning lot Example 3 CUP for Joint Development = 1 zoning lot Example 4 1 zoning lot Questions? Mahalo! Email: msiuli@honolulu.gov Phone: 768-8098