5 CA ADC § 20438


5 CCR s 20438

Cal. Admin. Code tit. 5, s 20438


CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 2. CALIFORNIA STATE LIBRARY
CHAPTER 3. CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY
CONSTRUCTION AND RENOVATION BOND ACT OF 2000
ARTICLE 2. CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION PROGRAM
This database is current through 02/09/07, Register 2007, No. 6
s 20438. Site and Title Requirements.


(a) California Environmental Quality Act (CEQA)

(1) The applicant, as lead agency, shall submit with the
Application Form, evidence that the environmental impact
documentation (EID) required by CEQA has been fully completed. [See
Public Resources Code sections 21000-21177 and California Code of
Regulations, Title 14, sections 15000-15387.]


(2) This evidence shall consist of one of the following:


(A) No adverse environmental impact


1. Determining applicability of CEQA for the project


If the applicant has determined that there is no possibility the
project will result in an adverse environmental impact, or that the
project qualifies for a specific statutory or categorical exemption,
and therefore is not subject to the provisions of CEQA, provide an
explanation and appropriate legal citations.


2. Categorical exemption


If an exemption is claimed for the project, the applicant shall
also submit the following:


a. A statement of the basis for the claim.


b. A copy of the Notice of Exemption.


(B) Negative declaration


If a negative declaration was adopted for the project, applicants
shall provide a final copy of the negative declaration, as well as a
conformed (stamped by the County Clerk) copy of the Notice of
Determination which has been signed by the lead agency and filed
with the County Clerk with the Application Form.


(C) Environmental Impact Report


If the project was the subject of an Environmental Impact Report
(EIR), applicants shall provide a final copy of the EIR and a
conformed (stamped by the County Clerk) copy of the Notice of
Determination which has been signed by the lead agency and filed
with the County Clerk with the Application Form. Applicants shall
also provide a copy of the adopted statement of overriding
considerations.


(3) State Clearinghouse review


Before adopting a Negative Declaration or an Environmental Impact
Report, the applicant shall submit the draft environmental documents
to the State Clearinghouse at the following address:


State Clearinghouse Office of Planning and Research P.O. Box 3044
Sacramento, CA 95812-3044


The applicant shall take into consideration timely comments made by
State agencies on the project before adopting final environmental
documents and approving the project. The applicant shall provide
either the compliance letter or the comments from State agencies
provided by the State Clearinghouse with the Application Form. After
project approval a Notice of Determination shall be filed with the
County Clerk before it is submitted with the Application Form.


(b) Marketable record title

"Marketable record title" means that the title to the property shall
include both legal and equitable estates, be free of unknown encumbrances,
and be in a condition that an informed and reasonable buyer, exercising
reasonable care, would and should accept it.

(c) Obtaining marketable record title

(1) Site is owned or will be owned by the applicant:


(A) The applicant shall submit proof of current marketable record
title to the public library site.


(B) Applicants with multipurpose buildings shall submit proof of
current marketable record title only for those portions of the
multipurpose project site for which Bond Act funds will be expended.

(C) Even though the applicant does not own the property at the time
the application is submitted, the applicant shall submit proof of
current marketable record title.


(2) Lease and lease-purchase agreements


If the public library site will be secured through a lease or
lease-purchase agreement, the applicant shall provide the State
Librarian with proof that the lessor holds marketable record title
to the public library site and shall comply with the requirements of
section 20440, Appendix 6, item 1. c.


(3) Acquisition of a building


If the applicant acquired or will acquire a building for the
purpose of converting it into a public library, the applicant shall
obtain marketable record title to the building.


(4) Preliminary title report required


Proof of current marketable record title shall be submitted with
the Application Form, section 20440, Appendix 1. The proof of
marketable record title shall include a preliminary title report
which shall include, but not be limited to, the following, as
applicable.


(A) Names and addresses of all owners and their respective
interests.


(B) A description of the exact property being proposed.


(C) A statement of easements, appurtenances, encumbrances, and all
other matters of record that might impact the use of the property.


(D) A plat plan or survey showing in detail the location of the
property and any easements.


(5) Title exceptions


If there are exceptions to the marketable record title, the
applicant's legal counsel shall prepare a written opinion indicating
that the exceptions present do not diminish the use of the property
for a public library building or in any way diminish or limit the
State's interest in the property.


(d) State's interest recorded in the title record

(1) State's interest in the land


(A) State's interest in the land required


When State grant funds have been provided by the Board for
acquisition of or credit for land, upon completion of the project
the grant recipient shall record the State's interest in the land in
the title record.


(B) Statement to be added to land title


The title record for land shall specify the State's interest by
recording that the land shall be used to provide public library
direct service for 40 years following the completion date of the
project, as specified in Education Code section 19999.


(2) State's interest in the public library building


(A) State's interest in the building required


When Bond Act funds have been provided for acquisition,
construction, or remodeling of a public library facility, upon
completion of the project the grant recipient shall record the
State's interest in the facility in the title record.


(B) Statement to be added to the building title


The title record for the building shall specify the State's
interest by recording that the public library facility shall be used
to provide public library direct service for 40 years following the
completion date of the project, as specified in Education Code
section 19999.

Note: Authority cited: Section 19992, Education Code. Reference:
Sections 19989 and 19999, Education Code.

HISTORY

1. New section filed 12-5-2001; operative 1-4-2002 (Register 2001, No.
49).

2. Change without regulatory effect redesignating former subsection
(a)(2)(D)
as subsection (a)(3) and amending subsections (c)(1)(A)-(C) and (c)(4)
filed 3-
18-2003 pursuant to section 100, title 1, California Code of Regulations
(Register 2003, No. 12).

5 CCR s 20438, 5 CA ADC s 20438
1CAC

5 CA ADC s 20438

END OF DOCUMENT

 
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