Sec. 9-3.1604.  Application of article provisions.
   The provisions of this article shall apply to all subdivisions, as that term is defined in Section 66424 of the Government Code of the State, and to time extensions with regard to any map; provided, however, the provisions of this article shall not apply to industrial subdivisions or to condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added (see paragraph (d)of Section 66477 of the Government Code of the State).  Furthermore, the provisions of this article shall only apply to a subdivision not requiring a final map if the subdivision is to be made by or on behalf of a person engaged in the business of developing and selling real estate as distinguished from a private owner making an occasional sale.  A person shall not be deemed to be engaged in the developing and selling of real estate if he has made no more than four (4) sales in either of the last two (2) preceding years.  Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this article; provided, however, a condition may be placed on the approval of the parcel map for such a division of land to the effect that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within two (2) years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.  (See subsection(a)(8) of Section 66477 of the Government Code of the State.)
(Ord. 744-NS, eff. April 17, 1980, as amended by part 25, Ord. 1437-NS, eff. July 7, 2005)