2792. Substantially Complete Application

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.
2792.1. Substantially Complete Application – Condominium, Planned Development, Community Apartment
Project and Undivided Interest 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 condominium project, community apartment project or planned development:
(1) All of the applicable documents and information listed under subdivision (a) of Section 2792.
(2) Proposed or existing governing instruments for the owners' association.

(3) Condominium plan if the subdivision is a condominium.
(4) Plot plan delineating all improvements including recreational amenities if the subdivision is not a condominium.
(5) Overall subdivision plan if the subdivision is part of a phased development.

(6) Evidence of financial arrangements for completion of the common areas and facilities in the offering.
(7) Copies of all contracts or proposed contracts obligating the owners' association.
(8) Agreement of subdivider to subsidize common area maintenance and owners' association operation where
applicable.
(9) Financial arrangements to assure performance of the subdivision agreement where applicable.

(10) Detailed pro forma budget reflecting estimated costs of ownership, operation and maintenance expenses and
reserves for the subdivision.
(11) Most recent balance sheet and annual operating statement for the owners' association if applicable.
(12) Duplicate budget package for the Bureau's analysis of proposed budget for common area maintenance and
owners' association operations.
(13) Subdivision trust agreement if applicable.
(14) Exemplar of deed for conveyance of common area to owners' association.

(15) Exemplar of escrow instructions including at least the following:
(A) A description of the nature of the transaction.

(B) Provision for the return to 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.

(D) Provision to assure compliance with subdivision (c) of Section 11018.5 of the Code if applicable.
(E) Provision for conveyance of common area to owners' association if applicable.
(16) A completed supplemental questionnaire if the project is a conversion of an existing structure to a condominium
or community apartment project.
(17) A permit issued by the Department of Business Oversight if applicable to the offering.

(b) For an undivided interest subdivision:
(1) All of the applicable documents and information listed in subdivision (a) above.
(2) A proposed schedule of undivided interests in the subdivision sufficient to identify the undivided interest
acquired by each purchaser.
(3) Statement from the appropriate authority of the county in which the real property is located setting forth the
proposed method to be used in assessing and collecting real property taxes for the subdivision.