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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 Site and Title Requirements   

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(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:

Education Code 19992

Reference:

Education Code 19989

Education Code 19999

(Amended by Register 2003, No. 12)