I. Generally
16.12.010 Tentative and final tract maps required—Exception.
Tentative and final tract maps shall be required for all subdivisions creating five or more parcels or lots, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except in the following cases:
A. The land before division contains fewer than five acres; each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required;
B. Each parcel created by the division has a gross area of twenty acres or more and has an approved access improved to city standards to a maintained public street or highway;
C. The land consists of a parcel or parcels of land having approved access improved to city standards to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city as to street alignments and widths;
D. Each parcel created by the division has a gross area of forty acres or more or is not less than a quarter of a quarter section;
E. When at least two-thirds of the owners of mobilehomes who are tenants in the mobilehome park sign a petition indicating their intent to purchase the mobile home park for purposes of converting it to tenant-owned, condominium ownership interest, and a field survey is performed, the requirement for a parcel map or a tentative and final map shall be waived unless any of the following exist:
1. There are design or improvement requirements necessitated by health or safety concerns.
2. Subsequent to recordation of the existing parcel or final map, there is an exterior boundary discrepancy that requires recordation of a new parcel or tentative and final map.
3. The existing lot or lots were not created by a recorded parcel or final map.
4. The conversion would result in the creation of additional parcels.
The petition shall be in the form set forth in Section 66428.1(b) of the Map Act. After the waiver application is deemed complete pursuant to Section 16.12.030, the advisory agency shall approve or deny the application within sixty days. The applicant shall have the right to appeal that decision to the city council as set forth in Chapter 16.52.
F. Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, which are created by short-term leases (terminable by either party on not more than thirty days’ notice in writing).
G. Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for right-of-way, unless a showing is made in individual cases, upon substantial evidence that public policy necessitates a parcel map. For purposes of this subdivision, land conveyed to or from a governmental agency shall include a fee interest, an easement, or a license. (Ord. 3748 § 4, 1997; Ord. 3515 § 1, 1993)