1. (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.
2. (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.
3. (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.
4. (d) CTC Approval Required. All sales under this chapter are subject to approval by the California Transportation Commission.
5. (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.
6. (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.
7. (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.

8. (h) Disqualification. The Department shall permanently disqualify all Occupants in a household from purchasing a Surplus Residential Property under this chapter if they knowingly provide false information regarding household income or household size, or participate in any strategy to manipulate household income, household size, or eligibility criteria. The Department will provide a written disqualification notice identifying the reason for the disqualification and will include information regarding the process for obtaining a review of the disqualification. An Occupant may request to have the disqualification reviewed and reconsidered within 30 days from the postmarked date of the written notice by providing a written explanation along with supporting documentation, if any, to refute the disqualification. The review will be conducted by an impartial designee from the Department's District 7 and/or Headquarter staff. The designee may be a committee. The designee shall review and consider:

   1. (1) All material upon which the Department based its original determination;
   2. (2) Any written or relevant documentation submitted by the Occupant; and

   3. (3) Any further information which the Department in its discretion, obtains by request, investigation, or research to ensure a fair and full review.

      A final determination will be provided in writing to the Occupant within 60 days from receipt of the Occupant's written explanation and will include, if the disqualification is upheld, a statement indicating administrative remedies have been exhausted and judicial review may be sought.

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.

History

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).

5. Pursuant to Government Code section 54237.10(c), as added by Assembly Bill 1038 (Stats. 2024, Ch. 347), a Certificate of Compliance must be transmitted to OAL by 1-31-2026 or the language in 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 2024, No. 41).

6. Certificate of Compliance as to 12-13-2021 order and 4-7-2022 order, including amendment of subsection (h), transmitted to OAL 6-25-2025 and filed 8-7-2025; operative 8-7-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 32).