Cal. Code Regs. tit. 21 § 1475

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 1475 - General
(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.

Cal. Code Regs. Tit. 21, § 1475

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.

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.