Current through Register 2024 Notice Reg. No. 12, March 22, 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.