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Y Nov-09-99 1O_ 11A SJC Community Dev. Dept_ 209 468 3163 P.O3 r iT'�I N. a e � I 66411.5. Dedications and Improvements for judicial partitions (3) The local agency certifies Thal (a) Notwithstanding any other provision of this division, whenever a parcel map i local agency, by ordinance, provides for Iha or final map is required to effeclante a judicial partition of property pursuant to subdivision + (h) Unless a parcel or linal map A (b)and pursuant to Section 872-040 of the Code of Civil Procedure, the local agency agency, the conversion of a stock cooper approving the parcel map or final map may establish the amount of any:monetary exaction Business and Professions Code, to a condo or any dedication or improvement requirement authorized by faw as a condition of Code. but only if all of the fallowing requirorn approving the parcel map or final map, but shall not require payment of the exaction, the (1) At least 51 percent of the f undertaking of the improvement, or posting of security for future performance thereof and stockholders of the cooperative on Jai shall not accept any required offer of dedication until the time specified in subdivision (b). stockholders of the cooperative an Janur (b) This section applies to judicial partition of real property which is subject to a i cooperative unit is "individually owned" if ai contract under Article 3 (commencing with Section 51240) of Chapter 7 of Part 1 of I partially owns an interest in no more than on Division 1 of Title 5 and which will remain subject to that contract subsequent to the filing (2) No more than 25 percent of IhE of the parcel map or final reap. With respect to any parcel created by a parcel map or final one person, as defined In Section 17, ii map subject to this section, payment of exaclions and acceptance of offers of dedication cooperative, on January 1, 1981. under this section shall be deferred by The local agency until the contract isrminates or is (3) A person renting a Wit in a canceled as to that parcel, except that no deferral is required under this subdivision as to conversion to all tenant rights in state or I fees and assessments that are due and payable fur governmental services provided to respecting first refusal, notice, and displace the parcel prior to termination or cancellation of the contract. The applfeants for a.paroel (4.) The local agency certifies that map or final map subject to this section shall be personally liable for performance of local agency, by ordinance, provides for the obligations deferred under this section at the time they become due. (i) The leasing of, or the grantirtt [Added, Chapter 494 Statute 9t38j portion or portions thereof, in conjunction wi a windpowered electrical generation devi 66412. Y Ao! P e discretionary action by the advisory agency This division shall be inapplicable to (j) The leasing or licensing of i (a) The financing or leasing of offices, stores, or .similar space easement, use permit, or similar right on a r within apartment buildings, industrial bui mercial buildings, mobilehome parks, as defined in Section 234 of the Public Util or trailer parks. operation of cellular radio iransmission1w ! (b) Mineral,oil,or gas lease support structures, microwave dishes, sl (c) Land dedicated for cem urposes under the Health and Safety Code. transmission equipment, power source,, (d� A fat One adjustmEtelween two or more exisling adjacent parcels, where transmission of cellular communications, if the land taken from one parcel is added to an adjacent parcel,and where a greater number by the advisory agency or legislative body. of parcels than originally existed is not thereby creased, provided the lot tine adjustment is (k) Leases of agricultural land approved by the local agency, or advisory agency. A lona c or advJso nc subdivision,"agricultural purposes"means tl royal to a determination not a pasturing of livestock. from lila trstmeM w orrn o ocai aanin and bui]dn rdi s. An [Amended,Chapter a vu:o a nr ocal ageatcy sftall rtot impose con ons or exdrons.on its a rove d d ustme ordin CBS t8 56412.1. Act not applicable 1 r ldr rd a me p rove o e fol line merciat and indu,strie ad' r e the relocation of exrs ma utilities, m ras rut re, or easemen s. This division shall also be inappltcabl, o tentative map, partei map, or final map snall be required as a can f fon to ME,app (a) The financing or leasing of a of a lot line adjustment. The lot line adjustment shall be reflected in a deed,which shall be conjunction with the construction of comma recorded.No record of survey shall be required for a lot line adjustment unless required by unless the project is not subject to review u Section 8762 of the Business and Professions Code. design and improvement. i (o) Boundary line or exchange agreements to which the State Lands (b) The financing or leasing o1 Commission or a local agency holding a trust grant of tide and submerged lands is a party_ buildings on a single parcel. (1) Any separate assessment under Section 2188.7 of the Revenue and [Amended,Chapter Taxation Code. (g) Unless a parcel or final map was approved by the legislative body of a local 66412.2. Exempts constructing agency,the conversion of a community apartment project, as defined in Section 11404 of tied dvre#ling units k the Business and Professions Code,to a condominium. as defined in Section 763 of the This division Shall not apply 10 the r Civil Code,but only if all of the following requirements are met units pursuant to Section 65852.1 or secor (1) At least 75 percent of the units in the project were occupied by record division shall be applicable to the sale or tfa owners of the project on Match 31, 1982. [Added, Chapter IC (2) A final or parcel map of the project was properly recorded,it the property was BS412 3, Local agency to const subdivided, as defined in Section 66424,after January 1, 1964, with all of the conditions 9 Y of that map remaining in effect after the conversion. in carrying out the provisions of this elfect of ordinances and actions adopted p 4 I i