California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792 - Substantially Complete Application-Standard Subdivision

Current through Register 2024 Notice Reg. No. 28, July 12, 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.