Current through Register 2024 Notice Reg. No. 38, September 20, 2024
An application for a final subdivision public report is
"substantially complete" within the meaning of Section 11010.2 of the Code if it
contains the documents and information enumerated below:
(a) For a subdivision (standard subdivision) of a
type not listed or referred to in Section 11000.1, or 11004.5 of the Code:
(1) Subdivision filing fee including fee for a
preliminary public report if applicable.
(2) Completed subdivision questionnaire.
(3) Approved tentative subdivision map unless the
Commissioner has made a finding that because of processing delays, a tentative
subdivision map has not been approved but will be approved within a reasonable
amount of time.
(4) Certificate of
qualification from Secretary of State if applicant is a foreign
corporation.
(5) Consent to service of
process upon Secretary of State if applicant is a nonresident of
California.
(6) Current preliminary
title report covering all subdivision interests for which a public report is sought
including:
(A) Legal description of the subdivided
property.
(B) Nature of the interest or
estate covered by the report.
(C) Record
owner of the interest or estate covered by the report.
(D) All easements, liens, rights, interest and
claims disclosed by an examination of the indices in the office of the recorder of
the county in which the property is located.
(E) Existence of any encroachment of improvements
over lines of record title.
(F) All
mechanics liens arising out of work completed or in progress.
(G) Existence of assessments or potential
assessments for public improvements completed or under
construction.
(7) Proposed or
existing covenants, conditions and restrictions for the subdivision.
(8) Coastal Commission permit or exemption if
subdivision in coastal zone.
(9)
Evidence of availability of domestic utilities and services to the
subdivision.
(10) Information concerning
hazards and other unusual conditions within or in the vicinity of the
subdivision.
(11) Assessment and
improvement bond information if applicable to the subdivision interests to be
offered.
(12) Exemplars of all
marketing, financing and conveyancing instruments to be used in the offering of
subdivision interests.
(13) Exemplar of
escrow instructions including at least the following:
(A) A description of the nature of the
transaction.
(B) Provision for the
return to nondefaulting buyers of funds deposited toward the purchase of subdivision
interests if escrows are not closed on or before a date prescribed in the
instructions.
(C) Name and address of
the escrow depository to be used.
(14) Bond or other device to be used as a means of
compliance with Sections 11013.2 and 11013.4 of the Code.
(15) Completed documents for reservations and
reservation deposits if preliminary public report is requested.
(16) Evidence of financial arrangements to assure
completion of all offsite improvements included in the offering.
(17) Evidence of financial arrangements for any
guarantee or warranty included in the offering.
(18) Evidence of all arrangements to assure
completion, maintenance and availability for any use of privately-owned facility
that will be offered as an inducement to the purchase of subdivision
interests.
1. New section
filed 12-3-80; effective thirtieth day thereafter (Register 80, No. 49). For history
of former section, see Register 63, No. 14.
2. Repealer of subsection
(a)(17), subsection renumbering, and amendment of NOTE filed 11-13-96; operative
11-13-96 pursuant to Government Code section
11343.4(d)
(Register 96, No. 46).
3. Repealer of subsections (a)(1) and (a)(2),
subsection renumbering, and amendment of NOTE filed 11-27-96; operative 12-27-96
(Register 96, No. 48).
4. Amendment of subsection (a)(5) and repealer of
subsections (b)-(b)(6) filed 12-30-97; operative 1-29-98 (Register 98, No.
1).
5. Amendment of subsection (a) filed 10-26-99; operative 11-25-99
(Register 99, No. 44).
6. Amendment of subsection (a)(3) filed 6-20-2002;
operative 7-20-2002 (Register 2002, No. 25).
Note: Authority cited: Sections
11001
and
11010.2,
Business and Professions Code. Reference: Section
11010.2,
Business and Professions Code.
