Understanding Lot Determination

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Department of Planning and Permitting
City & County of Honolulu
Understanding
Lot Determinations
Mario Siu-Li, Chief, Subdivision Branch
January 30, 2015
Why needed?
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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
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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
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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
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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lack of enforceable standards and was repealed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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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