§ 2790.5. Phased Senior Citizen Housing Developments.

(a) An applicant for a public report may qualify a proposed project as a senior citizen housing development, even though there are an insufficient number of dwelling units in the initial phase of the project to satisfy the statutory definition of the term as set forth in Section 51.3 of the Civil Code, by complying with the provisions of Section 11010.05 of the Code.

(b) The submission of documentation of the following items shall be deemed to have satisfied the requirements of subdivision (c) of Section 11010.05 of the Code.

(1) A preliminary title report or policy of title insurance showing that the applicant holds fee title, a long-term leasehold interest, or other evidence of controlling interest in the property to be annexed to the first phase, and any subsequent phase, of the subdivision, such as an irrevocable option, as being vested in the applicant.

(2) A covenant, recorded in the office of the appropriate county recorder, limiting use on the land proposed to be annexed to a senior citizen housing development.

(3) A certification from the appropriate local authority that the land proposed to be annexed is sufficient in size to construct the number of additional units necessary to qualify the project as a senior citizen housing development as that term is defined in Section 51.3(b)(4) of the Civil Code.

HISTORY

1. New section filed 4-1-86; effective thirtieth day thereafter (Register 86, No. 14). For history of former section, see Registers 83, No. 30; 76, No. 3; 63, No. 14; and 53, No. 14.

2. Repealer of subsection (c) filed 10-26-99; operative 11-25-99 (Register 99, No. 44).

3. Amendment of subsection (a) filed 11-9-2000; operative 12-9-2000 (Register 2000, No. 45).

4. Amendment of subsection (b)(3) filed 9-5-2003; operative 10-5-2003 (Register 2003, No. 36).

Note

Note: Authority cited: Section 11001, Business and Professions Code. Reference: Section 11010.05(c), Business and Professions Code.