Cal. Code Regs. tit. 5 § 20438
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.
If an exemption is claimed for the project, the applicant shall also submit the following:
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.
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.
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.
"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.
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.
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.
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.
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.
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.
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.
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.
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.
Cal. Code Regs. Tit. 5, § 20438
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).
Note: Authority cited: Section 19992, Education Code. Reference: Sections 19989 and 19999, Education Code.
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).