reglab/statecodes huggingface dataset:
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 8 - Encroachment Permits › Article 1 - Broadband Facility Permits › Section 1412.5 - Process for Denial of Broadband Facilities Installation and Use Request Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 60 days of receiving a completed encroachment permit
					 application package for broadband installation, the Department must either
					 approve or deny the application. Upon denial of an application, a "Denial
					 Letter" shall be sent via electronic and certified mail to the applicant
					 clearly specifying the reasons for denial. The letter shall include the
					 statutory or regulatory authority relied upon for denial that conflicts with
					 the applicant's proposed plan.
1. New
					 section filed 10-6-2009; operative 10-6-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 41).
Note: Authority cited: Section
						671.5,
						Streets and Highways Code. Reference: Sections
						670
						and
						671.5,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 8 - Encroachment Permits › Article 1 - Broadband Facility Permits › Section 1412.6 - Informal Meeting for Dispute Resolution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receiving the "Denial Letter", the Applicant has the
					 option to request an informal meeting with the District Permit Office within 10
					 days of receipt of the certified mail. The District Permit Office shall in turn
					 meet with the applicant within 10 business days of the applicant's request. If
					 no resolution is achieved, the applicant may submit a "Dispute Resolution
					 Package" to the District Director within another 5 business days.
If the Applicant chooses to forgo the informal meeting with
					 the District Permit Office, but wishes to challenge the denial, the Applicant
					 must submit a "Dispute Resolution Package" to the District Director within 15
					 business days of receiving the certified mail "Denial Letter."
1. New
					 section filed 10-6-2009; operative 10-6-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 41).
Note: Authority cited: Section
						671.5,
						Streets and Highways Code. Reference: Sections
						670
						and
						671.5,
						Streets and Highways Code; and Executive Order S-23-06.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 8 - Encroachment Permits › Article 1 - Broadband Facility Permits › Section 1412.7 - Process for Requesting Reconsideration (District Director Review) of Denial of Encroachment Permit Application for Broadband Facility Installation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The applicant may request reconsideration of the denial of
					 an encroachment permit application for broadband facility installation or the
					 grant of a permit with conditions that the applicant challenges, by sending a
					 "Dispute Letter" to the District Director setting forth the grounds for
					 challenging the denial or disputed conditions within 15 business days of the
					 date the "Denial Letter" was mailed.
The District Director or delegate shall send a written
					 response to the applicant within 15 business days of receiving the "Dispute
					 Letter." In the response, the District Director or delegate shall:
1. grant the permit; or
2. clearly state the availability, if any, of
				  alternative routes known by the Department or mitigation measures that would
				  result in a grant of the permit; or
3. deny the permit and advise the applicant
				  of the opportunity to engage in a formal appeal process.
If the District Director denies the request, the applicant
					 shall respond within 15 business days of receipt of the District Director's
					 denial to request an appeal to the Department Director.
1. New
					 section filed 10-6-2009; operative 10-6-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 41).
Note: Authority cited: Section
						671.5,
						Streets and Highways Code. Reference: Sections
						670
						and
						671.5,
						Streets and Highways Code; Executive Order S-23-06.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 8 - Encroachment Permits › Article 1 - Broadband Facility Permits › Section 1412.8 - Formal Appeal Process for Dispute Resolution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the applicant elects to engage in the formal appeal
					 process, the applicant shall submit a "Dispute Resolution Package", including
					 all documentation substantiating the appeal, to the Department Director. The
					 "Dispute Resolution Package" shall then be reviewed by a Broadband Permit
					 Dispute Resolution Committee (BPDRC), which shall make a recommendation to the
					 Department Director. The committee consists of (1) Department's Chief, Division
					 of Traffic Operations, (2) a designee from the Administration appointed by the
					 Business, Transportation and Housing Agency's Secretary and (3) Department's
					 Chief, Division of Design. The Chief, Division of Design shall be the Chair of
					 the committee. A Department Right-of-Way representative, may also be utilized
					 on an as-needed basis. Designees for the Chief, Division of Traffic Operations
					 and/or Chief, Division of Design may serve on the panel if necessary to
					 expedite a decision.
The applicant shall pay a deposit of $500 towards the cost
					 of the appeal.
The committee shall establish the necessary framework for
					 reaching consensus with the applicant by exploring and attempting to
					 accommodate the underlying interests of each party. If consensus cannot be
					 reached, the Chair of the committee shall make a recommendation to the
					 Department Director, including any dissenting opinions. The Department Director
					 shall make the final decision on the appeal and reply to the applicant within
					 60 calendar days of receipt of the formal appeal. The Applicant shall reimburse
					 the State 50 percent of the administrative cost of conducting the "Dispute
					 Resolution" with the Director regardless of the outcome.
When the appeal process is completed, the applicant will be
					 billed and shall reimburse the State 50 percent of the administrative costs of
					 conducting the dispute resolution, which includes staff time and the cost of
					 mail, minus the $500 deposit, regardless of the outcome of the appeal.
1. New
					 section filed 10-6-2009; operative 10-6-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 41).
Note: Authority cited: Section
						671.5,
						Streets and Highways Code. Reference: Sections
						670
						and
						671.5,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 8 - Encroachment Permits › Article 1 - Broadband Facility Permits › Section 1412.9 - Relocation Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants shall be solely responsible for the costs of
					 relocating their broadband facilities to facilitate any highway improvement
					 projects.
1. New
					 section filed 10-6-2009; operative 10-6-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 41).
Note: Authority cited: Section
						671.5,
						Streets and Highways Code. Reference: Section
						673,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 8 - Encroachment Permits › Article 2 - Appeal › Section 1413 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article implements and makes specific the procedure to
					 appeal the denial of an Encroachment Permit application and provides
					 information relating to the costs and allocation of costs associated with the
					 appeal. This Article does not apply to an appeal of a broadband facility permit
					 Applicant, which is governed by Article 1 of this Chapter.
1. New
					 article 2 (sections
					 1413-1413.4) and section filed
					 1-19-2017; operative 4-1-2017 (Register 2017, No. 3).
Note: Authority cited: Section
						671.5,
						Streets and Highways Code. Reference: Section
						671.5,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 8 - Encroachment Permits › Article 2 - Appeal › Section 1413.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All terms defined in this section are applicable to terms
					 used in this Article. These terms have the following meanings:
(a) "Administrative Costs" means the
				  estimated administrative costs to the Department of conducting an appeal
				  related to a specific Encroachment Permit, based on the standard hourly rate
				  for processing Encroachment Permits in effect on the date the Encroachment
				  Permit appeal package described in Section
				  1413.3 of this Article is
				  submitted to the Department.
(b)
				  "Applicant" means an individual, organization, agency, public corporation,
				  business, or authorized agent who has submitted an Encroachment Permit
				  application.
(c) "Department" means
				  the California Department of Transportation.
(d) "Department Director" means the director
				  of the California Department of Transportation, or an authorized
				  designee.
(e) "District" means one
				  of the twelve (12) Department Districts. Each District consists of one or more
				  California counties.
(f)
				  "Encroachment Permit" means a written permit by which the Department allows the
				  Applicant and/or another person or entity acting on behalf of the Applicant to
				  encroach onto Department property as described in Section
				  660
				  of the Streets and Highways Code or to perform any act or activity described in
				  Sections
				  670
				  or
				  670.1
				  of the Streets and Highways Code.
(g) "60 Days" means sixty calendar days,
				  unless the sixtieth (60th) day lands on a holiday or weekend as defined in
				  Section
				  12a
				  of the Code of Civil Procedure, in which case the computation of time shall be
				  as provided in Section
				  12a
				  of the Code of Civil Procedure.
1. New
					 section filed 1-19-2017; operative 4-1-2017 (Register 2017, No. 3).
Note: Authority cited: Section
						671.5,
						Streets and Highways Code. Reference: Sections
						660,
						670,
						670.1
						and
						671.5,
						Streets and Highways Code; and Section
						12a,
						Code of Civil Procedure.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 8 - Encroachment Permits › Article 2 - Appeal › Section 1413.2 - Appeal Process to the Department Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				  District denies an Encroachment Permit application, an Applicant may appeal to
				  the Department Director by submitting a written appeal package as set forth in
				  Section 1413.3 of this Article within 60
				  Days after the District serves the District's letter denying the Encroachment
				  Permit application. The written appeal package must be submitted to:
ENCROACHMENT PERMITS APPEAL
DIRECTOR, CALIFORNIA DEPARTMENT OF TRANSPORTATION
C/O HEADQUARTERS DIVISION OF TRAFFIC OPERATIONS
1120 N STREET, MS 36
SACRAMENTO, CA 95814
(b) The Applicant and the Department may
				  mutually agree, in writing, to extend the time for the appeal process or any
				  part of the appeal process.
1. New
					 section filed 1-19-2017; operative 4-1-2017 (Register 2017, No. 3).
Note: Authority cited: Section
						671.5,
						Streets and Highways Code. Reference: Section
						671.5,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 8 - Encroachment Permits › Article 2 - Appeal › Section 1413.3 - Appeal Package

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A written appeal package is deemed a complete submittal on
					 the date the Department Director receives all items listed below:
(a) An appeal letter to the Department
				  Director specifically requesting an appeal of the denied Encroachment Permit
				  application and containing a detailed explanation of why the Department should
				  issue an Encroachment Permit for the proposed project or activity sought by the
				  application; and
(b) Denial letter
				  issued by the District or a statement in the appeal letter that a denial letter
				  was not issued by the District within 60 Days after the District's receipt of a
				  complete Encroachment Permit application package; and
(c) Applicant's name, company or
				  organization, mailing address, and telephone number, and the same information
				  for any person or entity designated by the Applicant to represent Applicant in
				  the appeal; and
(d) Identification
				  of all locations, including District, county, route, and post mile, at which
				  the Applicant and/or person or entity acting on behalf of the Applicant
				  proposes to encroach onto Department property as described in Section
				  660
				  of the Streets and Highways Code or to perform any act or activity described in
				  Sections
				  670
				  or
				  670.1
				  of the Streets and Highways Code; and
(e) Description of the proposed encroachment
				  onto Department property as described in Section
				  660
				  of the Streets and Highways Code and/or the proposed act or activity described
				  in Sections
				  670
				  or
				  670.1
				  of the Streets and Highways Code, which the Applicant and/or person or entity
				  acting on behalf of the Applicant proposes to perform or conduct under the
				  denied Encroachment Permit being appealed, including three (3) complete sets of
				  plans and any applicable specifications, calculations, maps, and other
				  supporting documents; and
(f) A
				  $2,000 deposit towards the Applicant's fifty percent (50%) share of the
				  Administrative Costs of conducting the appeal. The deposit shall be made by
				  check or money order made payable to the California Department of
				  Transportation; and
(g) Notice of
				  whether the Applicant requests to make a presentation to the Department
				  Director or the Department Director's designee.
1. New
					 section filed 1-19-2017; operative 4-1-2017 (Register 2017, No. 3).
Note: Authority cited: Section
						671.5,
						Streets and Highways Code. Reference: Sections
						660,
						670,
						670.1
						and
						671.5,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 8 - Encroachment Permits › Article 2 - Appeal › Section 1413.4 - Final Determination and Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department Director shall notify the Applicant in
					 writing of the final decision on the appeal within 60 Days after receipt of the
					 completed written appeal package as described in Section
					 1413.3 of this Article. Once the
					 final decision has been issued, the Department will determine the Applicant's
					 fifty percent (50%) share of the Administrative Costs. If the Applicant's
					 deposit is less than the Applicant's fifty percent (50%) share of the
					 Administrative Costs, the Department will subtract the deposit amount and bill
					 the Applicant for the remainder of the Applicant's fifty percent (50%) share of
					 the Administrative Costs. If the deposit is greater than the Applicant's fifty
					 percent (50%) share of the Administrative Costs, the Department will refund to
					 the Applicant the excess remaining from the deposit.
1. New
					 section filed 1-19-2017; operative 4-1-2017 (Register 2017, No. 3).
Note: Authority cited: Section
						671.5,
						Streets and Highways Code. Reference: Section
						671.5,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9 - Excess Real Property › Article 1 - Excess Real Property › Section 1469 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department of Transportation is required, to the
					 greatest extent possible, to offer to sell or exchange excess real property
					 within one year from the date the real property is determined to be excess. The
					 regulations set forth herein identify the procedures the Department uses to
					 determine real property to be excess.
1. New
					 chapter 9, article 1 (sections
					 1469-1471) and section filed
					 2-12-2015; operative 2-12-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 7). For prior history of chapter 9 (formerly subchapter 9),
					 sections 1460-1468, see Register 81, No.
					 45.
Note: Authority cited: Section
						118.6,
						Streets and Highways Code. Reference: Section
						118.6,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9 - Excess Real Property › Article 1 - Excess Real Property › Section 1470 - Definition of Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Excess land" is synonymous with and has the same meaning
					 of "excess real property" as defined in Streets and Highways Code section
					 118.6.
"Potential excess real property" means land and
					 improvements situated outside of calculated highway right-of-way lines that may
					 not be needed or used for a state highway purpose.
"Functional Units" include, but are not limited to, those
					 organizational units within the Department that have primary responsibility for
					 the following activities: Right of Way and Land Surveys, Environmental,
					 Planning, Design, Program Project Management, Construction, and
					 Maintenance.
1. New
					 section filed 2-12-2015; operative 2-12-2015 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2015, No. 7).
Note: Authority cited: Section
						118.6,
						Streets and Highways Code. Reference: Section
						118.6,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9 - Excess Real Property › Article 1 - Excess Real Property › Section 1471 - Excess Land Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department will initiate a comprehensive review of all
					 potential excess real property at least annually to determine which properties
					 may no longer be needed for State highway purposes. Potential excess real
					 property cleared by the Department's functional units and approved by the
					 District Director, who has oversight of the subject property, is considered
					 excess land. The Districts will report annually to Headquarters Right of Way
					 all results of the comprehensive review.
1. New
					 section filed 2-12-2015; operative 2-12-2015 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2015, No. 7).
Note: Authority cited: Section
						118.6,
						Streets and Highways Code. Reference: Section
						11011.18,
						Government Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1478.1 - Sales and Use of Historic Homes. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 5-25-2017 as an emergency; operative 5-25-2017 (Register 2017, No. 21). A
				  Certificate of Compliance must be transmitted to OAL by 11-21-2017 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 5-25-2017 order transmitted
				  to OAL 11-17-2017 and filed 1-4-2018 (Register 2018, No. 1).
3.
				  Repealer filed 12-13-2021 as an emergency; operative 12-13-2021 (Register 2021,
				  No. 51). Pursuant to Government Code Section
				  54237.10,
				  this is a statutorily deemed emergency and the emergency language remains in
				  effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL
				  by 12-13-2023 or emergency language will be repealed by operation of law on the
				  following day.
Note: Authority cited: Sections
					 54235,
					 54237 and
					 54238.4,
					 Government Code; and Section
					 118.6,
					 Streets and Highways Code. Reference: Sections
					 54236 and
					 54237,
					 Government Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1477 - Priorities of Sale

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Priorities by City.
The priorities for sale of
				properties in the City of Los Angeles are provided in §
									1477.1. The priorities for sale of
				properties in the City of Pasadena are provided in §
									1477.2. The priorities for sale of
				properties in the City of South Pasadena are provided in §
									1477.3.
(b)
Order of
				Priorities.
Properties offered for sale under this chapter
				shall be offered in the sequential order specified in §§
									1477.1,
				1477.2, or
				1477.3, as applicable. Properties
				cannot return to a completed priority, unless specified in §§
									1477,
				1477.2, or
				1477.3.
1. New section
				  filed 7-26-2016; operative 7-26-2016 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2016, No. 31).
2. Repealer and new section filed
				  12-13-2021 as an emergency; operative 12-13-2021 (Register 2021, No. 51).
				  Pursuant to Government Code Section
				  54237.10,
				  this is a statutorily deemed emergency and the emergency language remains in
				  effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL
				  by 12-13-2023 or emergency language will be repealed by operation of law on the
				  following day.
3. Amendment of section and NOTE filed 4-7-2022 as an
				  emergency; operative 4-7-2022 (Register 2022, No. 14). Pursuant to Government
				  Code section
				  54239.4(f),
				  this is a statutorily deemed emergency and the emergency language remains in
				  effect until 4-7-2024. A Certificate of Compliance must be transmitted to OAL
				  by 4-7-2024 or emergency language will be repealed by operation of law on the
				  following day.
4. Pursuant to Government Code section
				  54239.5(e)(3),
				  as added by Senate Bill 959 (Stats. 2022, Ch. 668), a Certificate of Compliance
				  must be transmitted to OAL by 9-30-2024 or language of the emergency order of
				  12-13-2021 (Register 2021, No. 51) and emergency order of 4-7-2022 (Register
				  2022, No. 14) will be repealed by operation of law on the following day
				  (Register 2023, No. 27).
Note: Authority cited: Sections
					 54237,
					 54237.10
					 and
					 54239.4,
					 Government Code. Reference: Sections
					 54237,
					 54237.3,
					 54239.1
					 and
					 54239.4,
					 Government Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1478.2 - List of Historic Homes. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 5-25-2017 as an emergency; operative 5-25-2017 (Register 2017, No. 21). A
				  Certificate of Compliance must be transmitted to OAL by 11-21-2017 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 5-25-2017 order, including
				  amendment of section, transmitted to OAL 11-17-2017 and filed 1-4-2018,
				  including the addition of 74 addresses to subdivision (a) operative 4-1-2018,
				  with the exception of the following addresses: 5506 Atlas Street, Los Angeles,
				  CA; 5512 Atlas Street, Los Angeles, CA; 5513 Atlas Street, Los Angeles, CA;
				  5501 Berkshire Drive, Los Angeles, CA; 5524 Kendall Avenue, Los Angeles, CA;
				  816 Bonita Drive, South Pasadena, CA; 1131 Glendon Way, South Pasadena, CA; 495
				  Prospect Avenue, South Pasadena, CA; 511 Prospect Avenue, South Pasadena, CA;
				  and 400 Prospect Circle, South Pasadena, CA, which become effective 4-1-2018;
				  (Register 2018, No. 1).
3. Renumbering of former section
				  1478.2 to new section
				  1484.2 filed 12-13-2021 as an
				  emergency; operative 12-13-2021 (Register 2021, No. 51). Pursuant to Government
				  Code Section
				  54237.10,
				  this is a statutorily deemed emergency and the emergency language remains in
				  effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL
				  by 12-13-2023 or emergency language will be repealed by operation of law on the
				  following day.
Note: Authority cited: Sections
					 54235,
					 54237 and
					 54238.4,
					 Government Code; and Section
					 118.6,
					 Streets and Highways Code. Reference: Section
					 54237,
					 Government Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1477.1 - Priority of Sale for Properties in the City of los Angeles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Surplus Residential Properties.
All Surplus
				Residential Properties in the City of Los Angeles shall be offered for sale in
				this order:
(1) Single-Family Residences to
				Occupants who are former owners of the Single-Family Residence at Fair Market
				Value. This is Priority 0 and is governed by §
										1480.
(2) Single-Family Residences to the Occupants
				at either an Affordable Price or Fair Market Value. This is Priority 1 and is
				governed by §§
										1481 through
				1481.4.
(3) Single-Family Residences to the Occupants
				at either an Affordable Price or Fair Market Value. This is Priority 2 and is
				governed by §
										1482.
(4) Surplus Residential Properties to the
				Tenant at Fair Market Value if they have used the Property as their Principal
				Place of Residence continuously for the five years prior to the postmarked date
				on the letter sent pursuant to §
										1478(a)(1). This
				is Priority 6 and is governed by §
										1486.
(5) SB 580 properties to nonprofit private
				entities dedicated to rehabilitating and maintaining the historic home for
				public and community access and use. This is Priority 4 and is governed by
				§§
										1484 through
				1484.2.
(6) Surplus Residential Properties to a
				Housing-Related Private Entity at a Reasonable Price. This is Priority 5 and is
				governed by §§
										1485 through
				1485.1.
(7) Surplus Residential Properties to the
				Tenant at Fair Market Value. This is Priority 6 and is governed by §
										1486.
(8) Surplus Residential Properties to a
				former Tenant at Fair Market Value. This is Priority 7 and is governed by
				§
										1487.
(9) Surplus Residential Properties to any
				buyer pursuant to Streets and Highways Code §
										118.
				This is Priority 8 and is governed by §
										1488.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1477.2 - Priority of Sale for Properties in the City of Pasadena

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Surplus Residential Properties.
All Surplus Residential
				Properties in the City of Pasadena shall be offered for sale in this order:
(1) Single-Family Residences to Occupants who
				are former owners of the Single-Family Residence at Fair Market Value. This is
				Priority 0 and is governed by §
										1480.
(2) Single-Family Residences to the Occupants
				at either an Affordable Price or Fair Market Value. This is Priority 1 and is
				governed by §§
										1481 through
				1481.4.
(3) Single-Family Residences to the Occupants
				at either an Affordable Price or Fair Market Value. This is Priority 2 and is
				governed by §
										1482.
(4) Surplus Residential Properties to the
				Tenant at Fair Market Value. This is Priority 6 and is governed by §
										1486.
(5) Unoccupied Surplus Residential Properties
				to the City of Pasadena at the Minimum Sales Price. This is Priority 3 and is
				governed by §§
										1483 through
				1483.1.
(6) Surplus Residential Properties to a
				Housing-Related Public Entity at a Reasonable Price. This is Priority 3 and is
				governed by §§
										1483 through
				1483.1.
(7) SB 580 properties to nonprofit private
				entities dedicated to rehabilitating and maintaining the historic home for
				public and community access and use at a Reasonable Price. This is Priority 4
				and is governed by §§
										1484 through
				1484.2.
(8) Surplus Residential Properties to a
				Housing-Related Private Entity at a Reasonable Price. This is Priority 5 and is
				governed by §§
										1485 through
				1485.1.
(9) Surplus Residential Properties to the
				Tenant at Fair Market Value. This is Priority 6 and is governed by §
										1486.
(10) Surplus Residential Properties to a
				former Tenant at Fair Market Value. This is Priority 7 and is governed by
				§
										1487.
(11) Surplus Residential Properties to any
				buyer pursuant to Streets and Highways Code §
										118.
				This is Priority 8 and is governed by §
										1488.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1477.3 - Priority of Sale for Properties in the City of South Pasadena

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Surplus Residential Properties.
All Surplus
				Residential Properties in the City of South Pasadena must be offered for sale
				in this order:
(1) Single-Family Residences to
				Occupants who are former owners of the Single-Family Residence at Fair Market
				Value. This is Priority 0 and is governed by §
										1480.
(2) Single Family Residences to the Occupants
				at either an Affordable Price or Fair Market Value. This is Priority 1 and is
				governed by §§
										1481 through
				1481.4.
(3) Single Family Residences to the Occupants
				at either an Affordable Price or Fair Market Value. This is Priority 2 and is
				governed by §
										1482.
(4) Surplus Residential Properties to the
				Tenant at Fair Market Value. This is Priority 6 and is governed by §
										1486.
(5) Unoccupied SB 381 Properties to the City
				of South Pasadena. This is Priority 4SP and is governed by §
										1484.3.
(6) Surplus Residential Properties to the
				City of South Pasadena at a Reasonable Price. This is Priority 3 and is
				governed by §§
										1483 through
				1483.1.
(7) Surplus Residential Properties to a
				Housing-Related Private Entity at a Reasonable Price. This is Priority 5 and is
				governed by §§
										1485 through
				1485.1.
(8) Surplus Residential Properties to the
				Tenant at Fair Market Value. This is Priority 6 and is governed by §
										1486.
(9) Surplus Residential Properties to a
				former Tenant at Fair Market Value. This is Priority 7 and is governed by
				§
										1487.
(10) Surplus Residential Properties to any
				buyer pursuant to Streets and Highways Code §
										118.
				This is Priority 8 and is governed by §
										1488.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1477.4 - Nonresidential Properties Leased by Cities or Non-Profits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				properties identified in Government Code §
									54237(f)(2)
				shall be first offered pursuant to the terms of §
									54237(f)(2). Any
				such property not sold pursuant to that process shall then be offered for sale
				pursuant to the priorities specified in §§
									1477.1,
				1477.2, or
				1477.3, as applicable.
1. New section
				  filed 12-13-2021 as an emergency; operative 12-13-2021 (Register 2021, No. 51).
				  Pursuant to Government Code Section
				  54237.10,
				  this is a statutorily deemed emergency and the emergency language remains in
				  effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL
				  by 12-13-2023 or emergency language will be repealed by operation of law on the
				  following day.
2. Amendment of section and NOTE filed 4-7-2022 as an
				  emergency; operative 4-7-2022 (Register 2022, No. 14). Pursuant to Government
				  Code section
				  54239.4(f),
				  this is a statutorily deemed emergency and the emergency language remains in
				  effect until 4-7-2024. A Certificate of Compliance must be transmitted to OAL
				  by 4-7-2024 or emergency language will be repealed by operation of law on the
				  following day.
3. Pursuant to Government Code section
				  54239.5(e)(3),
				  as added by Senate Bill 959 (Stats. 2022, Ch. 668), a Certificate of Compliance
				  must be transmitted to OAL by 9-30-2024 or language of the emergency order of
				  12-13-2021 (Register 2021, No. 51) and emergency order of 4-7-2022 (Register
				  2022, No. 14) will be repealed by operation of law on the following day
				  (Register 2023, No. 27).
Note: Authority cited: Sections
					 54237,
					 54237.10
					 and
					 54239.4,
					 Government Code. Reference: Sections
					 54237,
					 54237.3,
					 54239.1
					 and
					 54239.4,
					 Government Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1478 - Soliciting Occupant and Tenant Interest to Buy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Soliciting Interest.
The Department will solicit the interest
				of Occupants, Tenants, and former Tenants to purchase Surplus Residential
				Properties in which they live or have previously lived by:
(1) sending a letter by certified mail to
				Occupants and Tenants of Single-Family Residences; and
(2) sending a letter by certified mail to the
				last address known to the Department for former Tenants; and
(3) posting a notice on the Department's
				website.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1479 - Written Correspondence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Correspondence to Department.
For purposes of this chapter,
				all written correspondence to the Department shall be sent to at least one of
				the addresses specified in (c). The Department is not required to respond to
				any correspondence sent to an address not specified in (c).
(b)
Correspondence from
				Department.
All written correspondence from the Department will be
				sent to the mailing address provided pursuant to §
									1478(d)(2) or to
				the email address provided pursuant to §
									1478(e)(2). The
				sending of sales contracts is a written correspondence.
(c)
Department's Addresses.
(1) MAIL: DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY DIVISION - SR710
100 SOUTH MAIN STREET, MS 6
LOS ANGELES, CA 90012
(2) Email: SR710@dot.ca.gov
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1480 - Priority 0: Sales to Former Owners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Offer at Priority 0.
A Single-Family Residence shall first be
				offered to its current Occupant(s) at Fair Market Value pursuant to this
				section.
(b)
Eligibility
				Criteria to Receive a Sales Contract.
To be eligible to receive a
				sales contract to purchase at Priority 0, an Occupant shall:
(1) have been the former owner of the
				Single-Family Residence; and
(2)
				have provided a written response that meets the criteria in both §
										1478(d) and
				1478(f).
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1481 - Priority 1: Sales to Lower and Moderate-Income Households

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Offer at Priority 1.
A Single-Family Residence not sold at
				Priority 0 shall next be offered to its current Occupant(s) at an Affordable
				Price or at Fair Market Value pursuant to this section.
(b)
Eligibility Criteria to Receive a
				Sales Contract.
(1) To be eligible to
				receive a sales contract to purchase a property at an Affordable Price, an
				Occupant shall:
(A) have used the property as
				their Principal Place of Residence continuously for the two years prior to the
				postmarked date on the letter sent pursuant to §
											1478(a)(1);
				and
(B) meet the definition of
				Persons and Families of Low or Moderate Income; and
(C) have had no ownership interest in any
				real property for the three years prior to the postmarked date on the letter
				sent pursuant to §
											1478(a)(1);
				and
(D) have provided a written
				response that meets the criteria in both §
											1478(d) and
				1478(f);
				and
(E) have a Calculated
				Affordable Price with a positive dollar value.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1481.1 - Affordable Price Sales: Use Restrictions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Restrictions.
As a condition for sale at an Affordable Price,
				the purchasing Occupant shall agree to Use and Resale Restrictions, which shall
				be recorded as an encumbrance and lien against the property the buyer
				purchases, containing the terms, conditions, and restrictions imposed by the
				Department to ensure the property remains available to Persons and Families of
				Low or Moderate Income or Above-Moderate Income Households. Such restrictions
				include, but are not limited to:
(1)
				restricting the use of the property; and
(2) restricting rental of the property;
				and
(3) restricting transfers of
				the property; and
(4) restricting
				refinancing of the property; and
(5) specifying distribution of proceeds from
				any subsequent sale; and
(6)
				monitoring and enforcement provisions.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1481.2 - Affordable Price

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Affordable Price Buyer.
Only Occupants who meet the criteria
				described in §
									1481(b)(1) or
				§
									1482(b)(1) may
				purchase a Single-Family Residence at an Affordable Price. An Occupant who has
				purchased a property at an Affordable Price is an Affordable Price
				buyer.
(b)
One Property
				Limit.
An Affordable Price buyer may not purchase more than one
				property pursuant to this chapter.
(c)
Calculating Affordable
				Price
(1) "Affordable Price" is the
				greater of an Occupant's Calculated Affordable Price and the Minimum Sales
				Price for the property. If the greater of the Calculated Affordable Price and
				the Minimum Sales Price exceeds the Fair Market Value at Time of Purchase, then
				the Fair Market Value at Time of Purchase is the Affordable Price.
(2) "Calculated Affordable Price" is the
				maximum price at which the Housing Cost to be paid by an Occupant would not
				exceed the Affordable Housing Cost for such buyer while applying the market
				interest rate over a fully amortized 30-year term. For Lower Income Households,
				the price for residential property shall not be greater than the amount that
				would result in the buyer's monthly payments exceeding that portion of the
				buyer's household adjusted income, as determined in accordance with the
				regulations of the United States Department of Housing and Urban Development
				issued pursuant to Section
				8 of the United States Housing Act
				of 1937.
(3) "Housing Cost" of an
				Occupant purchasing a Surplus Residential Property is calculated in accordance
				with the provisions of 25 Cal. Code Regs. §
										6920.
(4) "Affordable Housing Cost" is calculated
				in a manner consistent with the provisions of Health and Safety Code §
										50052.5
				as implemented by 25 Cal. Code Regs. §
										6924. For purposes of this
				chapter, "Affordable Housing Cost" shall not exceed the following:
(A) With respect to Lower Income Households,
				Housing Costs up to 25 percent of gross household income; or
(B) With respect to Moderate Income
				Households, Housing Costs up to 30 percent of gross household income;
				or
(C) With respect to
				Above-Moderate Income Households, Housing Costs up to 30 percent of gross
				household income.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1481.3 - Affordable Price Sales: Minimum Property Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Marketable.
The property shall comprise a single readily
				marketable real estate entity.
(b)
Party or Lot Line Wall.
A building constructed on or to a
				property line shall be separated from the adjoining building, by a wall
				extending the full height of the building from the foundation to the ridge of
				the roof. The wall can separate row type townhouses or semi-detached units.
				There shall be adequate space between buildings to permit maintenance of the
				exterior walls.
(c)
Service
				and Facilities.
(1) Each living unit
				shall be able to be used and maintained individually without trespass upon
				adjoining properties. Any easement required shall run with the land.
(2) Utilities shall be independent for each
				living unit except that common services, such as water, sewer, gas, and
				electricity, may be provided for living units under a single mortgage or
				ownership. Separate utility service shut-off for each unit shall be provided.
				For living units under separate ownership, common utility services may be
				provided from the main to the building line when protected by easement or
				covenant and maintenance agreement acceptable to the Department. Individual
				utilities serving a living unit shall not pass over, under, or through another
				living unit, unless provision is made for repair and maintenance of utilities
				without trespass on adjoining properties or legal provision is made for
				permanent right of access for maintenance and repair of utilities.
(3) Other facilities shall be independent for
				each living unit, except that common services, such as laundry and storage
				space or heating, may be provided for in two-to-four living unit buildings
				under a single mortgage.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1481.4 - Affordable Price Sales: Replacement Dwellings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Criteria.
If the Department determines that providing a
				replacement dwelling would be less costly than providing the repairs required
				in §
									1481.3, then the Department may
				offer a replacement dwelling at an Affordable Price instead of the property in
				which the Occupant resides.
(b)
List of Properties.
The following properties are available for
				replacement dwellings:
5510 Allan Street, Los Angeles
5514 Allan Street, Los Angeles
5528 Allan Street, Los Angeles
5537 Allan Street, Los Angeles
5544 Allan Street, Los Angeles
5500 Atlas Street, Los Angeles
5506 Atlas Street, Los Angeles
5501 Berkshire Drive, Los Angeles
2970 Lowell Avenue, Los Angeles
5511 Norwich Avenue, Los Angeles
5537 Norwich Avenue, Los Angeles
5536 Poplar Boulevard, Los Angeles
3135 Sheffield Avenue, Los Angeles
3206 Sheffield Avenue, Los Angeles
3216 Sheffield Avenue, Los Angeles
3222 Sheffield Avenue, Los Angeles
3315 Sheffield Avenue, Los Angeles
3339 Sheffield Avenue, Los Angeles
3400 Sheffield Avenue, Los Angeles
3427 Sheffield Avenue, Los Angeles
3430 Sheffield Avenue, Los Angeles
3530 Sheffield Avenue, Los Angeles
3716 Sheffield Avenue, Los Angeles
3719 Sheffield Avenue, Los Angeles
181 Columbia Street, Pasadena
177 Glenarm Street, Pasadena
946 Pasadena Avenue, Pasadena
953 Pasadena Avenue, Pasadena
1000 Pasadena Avenue, Pasadena
1080 Pasadena Avenue, Pasadena
1141 Pasadena Avenue, Pasadena
628 St. John Avenue, Pasadena
650 St. John Avenue, Pasadena
214 State Street, Pasadena
(c)
Timing of Sales.
If the
				Department elects to offer a replacement dwelling, the Department may delay the
				selection and sale of the replacement dwelling until all Priority 1 and 2 sales
				have concluded except those involving replacement dwellings.
1. New section
				  filed 12-13-2021 as an emergency; operative 12-13-2021 (Register 2021, No. 51).
				  Pursuant to Government Code Section
				  54237.10,
				  this is a statutorily deemed emergency and the emergency language remains in
				  effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL
				  by 12-13-2023 or emergency language will be repealed by operation of law on the
				  following day.
2. Pursuant to Government Code section
				  54239.5(e)(3),
				  as added by Senate Bill 959 (Stats. 2022, Ch. 668), a Certificate of Compliance
				  must be transmitted to OAL by 9-30-2024 or language of the emergency order of
				  12-13-2021 (Register 2021, No. 51) will be repealed by operation of law on the
				  following day (Register 2023, No. 27).
Note: Authority cited: Section
					 54237,
					 Government Code. Reference: Sections
					 54235,
					 54236,
					 54237 and
					 54237.5,
					 Government Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1482 - Priority 2: Sales to Above Moderate-Income Households

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Offer at Priority 2.
A Single-Family Residence not sold at
				Priority 1 shall next be offered to its current Occupant(s) at an Affordable
				Price or at Fair Market Value pursuant to this section.
(b)
Eligibility Criteria to Receive a
				Sales Contract.
(1) To be eligible to
				receive a sales contract to purchase a property at an Affordable Price, an
				Occupant shall:
(A) have used the property as
				their Principal Place of Residence continuously for the five years prior to the
				postmarked date on the letter sent pursuant to §
											1478(a)(1);
				and
(B) meet the definition of an
				Above-Moderate Income Household; and
(C) have had no ownership interest in real
				property for the three years prior to the postmarked date on the letter sent
				pursuant to §
											1478(a)(1);
				and
(D) have provided a written
				response that meets the criteria in both §
											1478(d) and
				1478(f);
				and
(E) have a Calculated
				Affordable Price, as defined by §
											1481.2(c)(2),
				with a positive dollar value.