§ 2792. Substantially Complete Application -Standard Subdivision.

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.

HISTORY

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

Note: Authority cited: Sections 11001 and 11010.2, Business and Professions Code. Reference: Section 11010.2, Business and Professions Code.