California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 9.5 - State Route 710 Sales Program › Section 1475 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Application.
This chapter only applies to
				properties purchased by the Department for the purpose of closing the SR-710
				North Gap between SR-10 and SR-210 in Los Angeles County.
(b)
Limitation.
Nothing in this chapter limits the Department's discretion regarding when to
				sell its properties, except as specified by statute. Nothing in this chapter
				creates, expands, or confers any right or entitlement to purchase property that
				does not already exist in law.
(c)
Time Extensions.
The Department may extend any
				time to perform an action provided for in this chapter upon a finding of good
				cause in furtherance of Government Code section
				54238.4
				and upon notice to the persons or entities affected by the extension by written
				correspondence.
(d)
CTC Approval Required.
All sales under this
				chapter are subject to approval by the California Transportation
				Commission.
(e)
Lender Limitations.
Except as otherwise provided
				in this chapter, a lender shall not have or anticipate an interest in or stand
				to gain financially from any Surplus Residential Property other than in the
				lender's capacity as a mortgage lender.
(f)
Historical
				Covenants.
In addition to the Use and Resale Restrictions
				described in §§
									1481.1,
				1483.1,
				1484.1, and
				1485.1, the Department shall
				impose historical covenants to preserve and maintain properties with
				architectural, historical, or cultural significance to comply with the
				California Environmental Quality Act (CEQA). If the Department determines a
				historical covenant is required for a property, then the Department will
				provide a historical covenant with the applicable sales contract. If a buyer
				fails to sign applicable historical covenants, then the sales contract is
				void.
(g) This chapter does not
				apply to the qualification criteria to obtain a loan. The eligibility criteria
				discussed in this chapter has no relation to the qualification criteria that a
				lender may require.
(h)
Properties Previously Offered but Not Sold.
If a
				Property was offered for sale pursuant to Chapter 9.5 between July 26, 2016 and
				December 12, 2021 and entered escrow but did not close escrow, then the
				Department shall close escrow and finalize the sale pursuant to the terms of
				the executed sales contract. If a Property was offered for sale pursuant to
				Chapter 9.5 between July 26, 2016 and December 12, 2021 and did not enter
				escrow, then the Property shall be offered for sale as specified in Sections
				1477 through
				1477.3, as applicable.
1. New chapter
				  9.5 (sections
				  1475-1491) and section filed
				  7-26-2016; operative 7-26-2016 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2016, No. 31).
2. Amendment of chapter heading, 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. New subsections (g)-(h) and amendment of 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
					 54236,
					 54238.3,
					 54238.4
					 and
					 54239.4,
					 Government Code; Sections
					 5024,
					 5024.5
					 and
					 21000
					 through
					 21189.70.10,
					 Public Resources Code; and Section
					 118,
					 Streets and Highways Code.