66425-66431
GOVERNMENT CODE
SECTION 66425-66431
66425. The necessity for tentative, final and parcel maps shall be
governed by the provisions of this chapter.
66426. A tentative and final map shall be required for all
subdivisions creating five or more parcels, 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 where any one of the following occurs:
(a) The land before division contains less than five acres, each
parcel created by the division abuts upon a maintained public street
or highway, and no dedications or improvements are required by the
legislative body.
(b) Each parcel created by the division has a gross area of 20
acres or more and has an approved access to a maintained public
street or highway.
(c) The land consists of a parcel or parcels of land having
approved access 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 governing body as to street
alignments and widths.
(d) Each parcel created by the division has a gross area of not
less than 40 acres or is not less than a quarter of a quarter
section.
(e) The land being subdivided is solely for the creation of an
environmental subdivision pursuant to Section 66418.2.
(f) A parcel map shall be required for those subdivisions
described in subdivisions (a), (b), (c), (d), and (e).
66426.5. Any conveyance of land to a governmental agency, public
entity, public utility or subsidiary of a public utility for
conveyance to that public utility for rights-of-way shall not be
considered a division of land for purposes of computing the number of
parcels. For purposes of this section, any conveyance of land to a
governmental agency shall include a fee interest, a leasehold
interest, an easement, or a license.
66427. (a) A map of a condominium project, a community apartment
project, or of the conversion of five or more existing dwelling units
to a stock cooperative project need not show the buildings or the
manner in which the buildings or the airspace above the property
shown on the map are to be divided, nor shall the governing body have
the right to refuse approval of a parcel, tentative, or final map of
the project on account of the design or the location of buildings on
the property shown on the map that are not violative of local
ordinances or on account of the manner in which airspace is to be
divided in conveying the condominium.
(b) A map need not include a condominium plan or plans, as defined
in subdivision (e) of Section 1351 of the Civil Code, and the
governing body may not refuse approval of a parcel, tentative, or
final map of the project on account of the absence of a condominium
plan.
(c) Fees and lot design requirements shall be computed and imposed
with respect to those maps on the basis of parcels or lots of the
surface of the land shown thereon as included in the project.
(d) Nothing herein shall be deemed to limit the power of the
legislative body to regulate the design or location of buildings in a
project by or pursuant to local ordinances.
(e) If the governing body has approved a parcel map or final map
for the establishment of condominiums on property pursuant to the
requirements of this division, the separation of a three-dimensional
portion or portions of the property from the remainder of the
property or the division of that three-dimensional portion or
portions into condominiums shall not constitute a further subdivision
as defined in Section 66424, provided each of the following
conditions has been satisfied:
(1) The total number of condominiums established is not increased
above the number authorized by the local agency in approving the
parcel map or final map.
(2) A perpetual estate or an estate for years in the remainder of
the property is held by the condominium owners in undivided interests
in common, or by an association as defined in subdivision (a) of
Section 1351 of the Civil Code, and the duration of the estate in the
remainder of the property is the same as the duration of the estate
in the condominiums.
(3) The three-dimensional portion or portions of property are
described on a condominium plan or plans, as defined in subdivision
(e) of Section 1351 of the Civil Code.
66427.1. (a) The legislative body shall not approve a final map for
a subdivision to be created from the conversion of residential real
property into a condominium project, a community apartment project,
or a stock cooperative project, unless it finds as follows:
(1) Each tenant of the proposed condominium, community apartment
project, or stock cooperative project, and each person applying for
the rental of a unit in the residential real property, has received
or will have received all applicable notices and rights now or
hereafter required by this chapter or Chapter 3 (commencing with
Section 66451).
(2) Each of the tenants of the proposed condominium, community
apartment project, or stock cooperative project has received or will
receive each of the following notices:
(A) Written notification, pursuant to Section 66452.18, of
intention to convert, provided at least 60 days prior to the filing
of a tentative map pursuant to Section 66452.
(B) Ten days' written notification that an application for a
public report will be, or has been, submitted to the Department of
Real Estate, that the period for each tenant's right to purchase
begins with the issuance of the final public report, and that the
report will be available on request.
(C) Written notification that the subdivider has received the
public report from the Department of Real Estate. This notice shall
be provided within five days after the date that the subdivider
receives the public report from the Department of Real Estate.
(D) Written notification within 10 days after approval of a final
map for the proposed conversion.
(E) One hundred eighty days' written notice of intention to
convert, provided prior to termination of tenancy due to the
conversion or proposed conversion pursuant to Section 66452.19, but
not before the local authority has approved a tentative map for the
conversion. The notice given pursuant to this paragraph shall not
alter or abridge the rights or obligations of the parties in
performance of their covenants, including, but not limited to, the
provision of services, payment of rent, or the obligations imposed by
Sections 1941, 1941.1, and 1941.2 of the Civil Code.
(F) Notice of an exclusive right to contract for the purchase of
his or her respective unit upon the same terms and conditions that
the unit will be initially offered to the general public or terms
more favorable to the tenant pursuant to Section 66452.20. The
exclusive right to purchase shall commence on the date the
subdivision public report is issued, as provided in Section 11018.2
of the Business and Professions Code, and shall run for a period of
not less than 90 days, unless the tenant gives prior written notice
of his or her intention not to exercise the right.
(b) The written notices to tenants required by subparagraphs (A)
and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied
if those notices comply with the legal requirements for service by
mail.
(c) This section shall not diminish, limit, or expand, other than
as provided in this section, the authority of any city, county, or
city and county to approve or disapprove condominium projects.
(d) If a rental agreement was negotiated in Spanish, Chinese,
Tagalog, Vietnamese, or Korean, all required written notices
regarding the conversion of residential real property into a
condominium project, a community apartment project, or a stock
cooperative project shall be issued in that language.
66427.2. Unless applicable general or specific plans contain
definite objectives and policies, specifically directed to the
conversion of existing buildings into condominium projects or stock
cooperatives, the provisions of Sections 66473.5, 66474, and
66474.61, and subdivision (c) of Section 66474.60 shall not apply to
condominium projects or stock cooperatives, which consist of the
subdivision of airspace in an existing structure, unless new units
are to be constructed or added.
A city, county, or city and county acting pursuant to this section
shall approve or disapprove the conversion of an existing building
to a stock cooperative within 120 days following receipt of a
completed application for approval of such conversion.
This section shall not diminish, limit or expand, other than as
provided herein, the authority of any city, county, or city and
county to approve or disapprove condominium projects.
66427.4. (a) At the time of filing a tentative or parcel map for a
subdivision to be created from the conversion of a mobilehome park to
another use, the subdivider shall also file a report on the impact
of the conversion upon the displaced residents of the mobilehome park
to be converted. In determining the impact of the conversion on
displaced mobilehome park residents, the report shall address the
availability of adequate replacement space in mobilehome parks.
(b) The subdivider shall make a copy of the report available to
each resident of the mobilehome park at least 15 days prior to the
hearing on the map by the advisory agency or, if there is no advisory
agency, by the legislative body.
(c) The legislative body, or an advisory agency which is
authorized by local ordinance to approve, conditionally approve, or
disapprove the map, may require the subdivider to take steps to
mitigate any adverse impact of the conversion on the ability of
displaced mobilehome park residents to find adequate space in a
mobilehome park.
(d) This section establishes a minimum standard for local
regulation of conversions of mobilehome parks into other uses and
shall not prevent a local agency from enacting more stringent
measures.
(e) This section shall not be applicable to a subdivision which is
created from the conversion of a rental mobilehome park to resident
ownership.
66427.5. At the time of filing a tentative or parcel map for a
subdivision to be created from the conversion of a rental mobilehome
park to resident ownership, the subdivider shall avoid the economic
displacement of all nonpurchasing residents in the following manner:
(a) The subdivider shall offer each existing tenant an option to
either purchase his or her condominium or subdivided unit, which is
to be created by the conversion of the park to resident ownership, or
to continue residency as a tenant.
(b) The subdivider shall file a report on the impact of the
conversion upon residents of the mobilehome park to be converted to
resident owned subdivided interest.
(c) The subdivider shall make a copy of the report available to
each resident of the mobilehome park at least 15 days prior to the
hearing on the map by the advisory agency or, if there is no advisory
agency, by the legislative body.
(d) (1) The subdivider shall obtain a survey of support of
residents of the mobilehome park for the proposed conversion.
(2) The survey of support shall be conducted in accordance with an
agreement between the subdivider and a resident homeowners'
association, if any, that is independent of the subdivider or
mobilehome park owner.
(3) The survey shall be obtained pursuant to a written ballot.
(4) The survey shall be conducted so that each occupied mobilehome
space has one vote.
(5) The results of the survey shall be submitted to the local
agency upon the filing of the tentative or parcel map, to be
considered as part of the subdivision map hearing prescribed by
subdivision (e).
(e) The subdivider shall be subject to a hearing by a legislative
body or advisory agency, which is authorized by local ordinance to
approve, conditionally approve, or disapprove the map. The scope of
the hearing shall be limited to the issue of compliance with this
section.
(f) The subdivider shall be required to avoid the economic
displacement of all nonpurchasing residents in accordance with the
following:
(1) As to nonpurchasing residents who are not lower income
households, as defined in Section 50079.5 of the Health and Safety
Code, the monthly rent, including any applicable fees or charges for
use of any preconversion amenities, may increase from the
preconversion rent to market levels, as defined in an appraisal
conducted in accordance with nationally recognized professional
appraisal standards, in equal annual increases over a four-year
period.
(2) As to nonpurchasing residents who are lower income households,
as defined in Section 50079.5 of the Health and Safety Code, the
monthly rent, including any applicable fees or charges for use of any
preconversion amenities, may increase from the preconversion rent by
an amount equal to the average monthly increase in rent in the four
years immediately preceding the conversion, except that in no event
shall the monthly rent be increased by an amount greater than the
average monthly percentage increase in the Consumer Price Index for
the most recently reported period.
66428. (a) Local ordinances may require a tentative map where a
parcel map is required by this chapter. A parcel map shall be
required for subdivisions as to which a final or parcel map is not
otherwise required by this chapter, unless the preparation of the
parcel map is waived by local ordinance as provided in this section.
A parcel map shall not be required for either of the following:
(1) Subdivisions of a portion of the operating right-of-way of a
railroad corporation, as defined by Section 230 of the Public
Utilities Code, that are created by short-term leases (terminable by
either party on not more than 30 days' notice in writing).
(2) 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 rights-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, a leasehold interest, an easement, or a
license.
(b) A local agency shall, by ordinance, provide a procedure for
waiving the requirement for a parcel map, imposed by this division,
including the requirements for a parcel map imposed by Section 66426.
The procedure may include provisions for waiving the requirement for
a tentative and final map for the construction of a condominium
project on a single parcel. The ordinance shall require a finding by
the legislative body or advisory agency, that the proposed division
of land complies with requirements established by this division or
local ordinance enacted pursuant thereto as to area, improvement and
design, floodwater drainage control, appropriate improved public
roads, sanitary disposal facilities, water supply availability,
environmental protection, and other requirements of this division or
local ordinance enacted pursuant thereto. In any case, where the
requirement for a parcel map is waived by local ordinance pursuant to
this section, a tentative map may be required by local ordinance.
(c) If a local ordinance does not require a tentative map where a
parcel map is required by this division, the subdivider shall have
the option of submitting a tentative map, or if he or she desires to
obtain the rights conferred by Chapter 4.5 (commencing with Section
66498.1), a vesting tentative map.
66428.1. (a) 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 mobilehome park for purposes of
converting it to resident ownership, 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 conditions exist:
(1) There are design or improvement requirements necessitated by
significant health or safety concerns.
(2) The local agency determines that there is an exterior boundary
discrepancy that requires recordation of a new parcel or tentative
and final map.
(3) The existing parcels which exist prior to the proposed
conversion were not created by a recorded parcel or final map.
(4) The conversion would result in the creation of more
condominium units or interests than the number of tenant lots or
spaces that exist prior to conversion.
(b) The petition signed by owners of mobilehomes in a mobilehome
park proposed for conversion to resident ownership pursuant to
subdivision (a) shall read as follows:
MOBILEHOME PARK PETITION AND DISCLOSURE STATEMENT
SIGNING THIS PETITION INDICATES YOUR SUPPORT FOR CONVERSION OF
THIS MOBILEHOME PARK TO RESIDENT OWNERSHIP. THIS DISCLOSURE
STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF ____,
COUNTY OF ____, STATE OF CALIFORNIA, DESCRIBED AS ____. THE TOTAL
COST FOR CONVERSION AND PURCHASE OF THE PARK IS $____ TO $____,
EXCLUDING FINANCING COSTS. THE TOTAL COST TO YOU FOR CONVERSION AND
PURCHASE OF YOUR OWNERSHIP INTEREST IS $____ TO $____, EXCLUDING
FINANCING COSTS. IF TWO-THIRDS OF THE RESIDENTS IN THIS PARK SIGN
THIS PETITION INDICATING THEIR INTENT TO PURCHASE THE MOBILEHOME PARK
FOR PURPOSES OF CONVERTING IT TO RESIDENT OWNERSHIP, THEN THE
REQUIREMENTS FOR A NEW PARCEL, OR TENTATIVE AND FINAL SUBDIVISION MAP
IN COMPLIANCE WITH THE SUBDIVISION MAP ACT MUST BE WAIVED, WITH
CERTAIN VERY LIMITED EXCEPTIONS. WAIVING THESE PROVISIONS OF LAW
ELIMINATES NUMEROUS PROTECTIONS WHICH ARE AVAILABLE TO YOU.
_____________ __________
Buyer, unit #, Petitioner,
date date
(c) The local agency shall provide an application for waiver
pursuant to this section. After the waiver application is deemed
complete pursuant to Section 65943, the local agency shall approve or
deny the application within 50 days. The applicant shall have the
right to appeal that decision to the governing body of the local
agency.
(d) If a tentative or parcel map is required, the local agency
shall not impose any offsite design or improvement requirements
unless these are necessary to mitigate an existing health or safety
condition. No other dedications, improvements, or in-lieu fees shall
be required by the local agency. In no case shall the mitigation of a
health or safety condition have the effect of reducing the number,
or changing the location, of existing mobilehome spaces.
(e) If the local agency imposes requirements on an applicant to
mitigate a health or safety condition, the applicant and the local
agency shall enter into an unsecured improvement agreement. The local
agency shall not require bonds or other security devices pursuant to
Chapter 5 (commencing with Section 66499) for the performance of
that agreement. The applicant shall have a period of one year from
the date the agreement was executed to complete those improvements.
(f) If the waiver application provided for in this section is
denied by the local agency pursuant to the provisions of subdivision
(a), the applicant may proceed to convert the mobilehome park to a
tenant-owned, condominium ownership interest, but shall file a parcel
map or a tentative and final map. The local agency may not require
the applicant to file and record a tentative and final map unless the
conversion creates five or more parcels shown on the map. The number
of condominium units or interests created by the conversion shall
not determine whether the filing of a parcel or a tentative and final
map shall be required.
(g) For the purposes of this section, the meaning of "resident
ownership" shall be as defined in Section 50781 of the Health and
Safety Code.
66429. Of the maps required by this division, only final and parcel
maps may be filed for record in the office of the county recorder.
66430. No final map or parcel map required by this chapter or local
ordinance which creates a subdivision shall be filed with the local
agency without the written consent of all parties having any record
title interest in the real property proposed to be subdivided, except
as otherwise provided in this division.
66431. Upon mutual agreement of their respective legislative
bodies, the county surveyor may perform any or all of the duties
assigned to the city engineer, including required certifications or
statements. Whenever these duties have been divided between the
county surveyor and city engineer, each officer shall state the
duties performed by him or her.