REPORT EXPLANATIONS
NATURAL HAZARDS DISCLOSURE STATEMENT EXPLANATIONS
Special Flood Hazard Areas Back to Top
The Federal Emergency Management Agency (FEMA) has prepared Flood Insurance Rate Maps, which delineate flood zones based on estimated flood risk. The zones pertinent to the Natural Hazard Disclosure are Zone A and V (Special Flood Hazard Areas). Zone V is for coastal areas and Zone A is for inland areas. These zones are located within 100-year flood plain. A 100-year flood has a one-percent chance of occurrence in any given year. Flood insurance is required by federally regulated lending institutions for the properties located within Zones A or V. Local flood control projects to mitigate flood hazard potential can change the flood risk of a specific area or property. The flood risk of a specific area or property may be updated through a Letter of Map Change filed with FEMA. Specific updated flood risk information, not included on the Flood Insurance Rate Maps, is not provided in our report. If a property is located within a Special Flood Hazard Area, Zone Disclosures, Inc. recommends contacting FEMA for the updated risk assessment of the property and the current flood insurance requirements. It should be noted that properties within a Special Flood Hazard Zone may never experience flooding, and conversely, properties not located within a Special Flood Hazard Zone may experience flooding. This disclosure is not meant to predict flooding, but rather to identify properties for which flood insurance may be required by federally regulated lending institutions.
Areas of Potential Flooding from Dam Failures Back to Top
The California Office of Emergency Services (CA OES) has provided Inundation Maps, which delineate areas subject to flooding from a sudden, catastrophic failure of a dam with a full reservoir. Maps are not available for all dams in the state. Additional maps may become available subsequent to approval by OES. Inundation from reservoir, dam, or dike failure can pose serious risks to large segments of the population. Cities and counties within the mapped areas are required to adopt emergency procedures for the evacuation of populated areas.
Very High Fire Hazard Severity Zones Back to Top
The California Department of Forestry and Fire Protection (CDF) under the Bates Bill (AB 337) established Very High Fire Hazard Severity Zones (VHFHSZ) in the Local Responsibility Areas (LRA) of California. The maps prepared by the CDF shows zones based on State criteria. Local agencies, by law, are allowed to make changes to the zones. Fire defense improvements are mandated for properties located within the zones under section 51178 and 51179 of the Government Code. Mandated improvements include a Class A roof for new development or replacement of an existing roof and brush clearing within 30 feet of a structure. For a complete listing of the mandated fire defense improvements and local zone changes, contact the local fire department.
The Very High Fire Hazard Severity Zone Maps were prepared at a scale that does not always allow a conclusive determination to be made at zone boundaries. If a conclusive determination cannot be made, the property will be reported on the Natural Hazard Disclosure Statement as boundary condition on our Residential Disclosure Report. Therefore, the local fire department should be contacted to determine if the property is located within the zone.
State Fire Responsibility Area Back to Top
The California Department of Forestry and Fire Protection has established State Responsibility Areas (SRA) for which the primary financial responsibility for prevention and suppression of fires is that of the State. However, the State is not responsible for protecting structures within these areas. The property owner is subject to certain maintenance requirements and may be responsible for fire protection of structures under Section 4291 of the Public Resources Code. IF the property is located within a State Responsibility Area, Zone Disclosures, Inc. recommends contacting the county fire department to obtain a full listing of property owner maintenance and fire protection requirements. Public Resources Code Section 4326 reads, “A seller of a real property which is located within a state responsibility area determined by the board, pursuant to Section 4125, shall disclose to any prospective purchase the fact that the property is located within a wildland area which may contain substantial forest fire risks and hazards and is subject to the requirements of Section 4291.”
The State Responsibility Area Maps were prepared at a scale that does not always allow a conclusive determination to be made at zone boundaries. If a conclusive determination cannot be made, the property will be reported on the Natural Hazard Disclosure Statement as situated in the zone as mandated by Section 1002.6C of the California Civil Code. Zone Disclosures, Inc. will report the property as in a boundary condition on our Residential Disclosure Report. The county fire department should be contacted to determine if the property is located within the zone.
Alquist-Priolo Earthquake Fault Zones Back to Top
The state geologist under the Alquist-Priolo Earthquake Fault Zoning has established regulatory zones around the mapped surface traces of active faults. These zones, typically one-quarter mile or less in width, have bee delineated on maps around “sufficiently active and well-defined” faults and fault segments that “constitute a potential hazard to structures from surface faulting or fault creep.” Faults that demonstrate movement during the past 11,000 years are considered active. The purpose of the Act under Section 2621-2630 of the Public Resources Code is to assist cities and counties in land using planning and developing permit requirements. The State Mining and Geology Board provides additional regulations to guide cities and counties in their implementation of the law under California Code of Regulations, Title 14, Division 2. Local agencies must regulate most types of development projects located within the zones. The results of our search only indicate whether a property is situated within an Earthquake Fault Zone, as shown on the Alquist-Priolo Earthquake Fault Zone Maps. Our search does not indicate whether or not surface trace of an active fault is located on the property. If this report indicates the subject property is located within an Earthquake Fault Zone , Zone Disclosures, Inc. recommends consulting a Certified Engineering Geologist to assess the site-specific potential for surface fault, rupture. It should be noted that the State Earthquake Fault Zoning Program is ongoing and properties currently not situated in a zone may be located in a zone established in the future.
Seismic Hazard Zones Back to Top
The California Division of Mines and Geology under the Seismic Hazards Mapping Act has prepared maps delineating zones of potential seismic hazards. The legislation for the Act may be found in the California Public Resources Code, Division 2, Chapter 7.8, Sections 2690-2699.6 and Chapter 8 Article 10, Sections 3720-3725. The purpose of the Act is to provide cities and counties with zones where site-specific geo-technical studies are required prior to development. Local agencies must regulate most types of development projects located within the zones. The currently available Official Maps of Seismic Hazard Zones contains zones for the seismic hazards of liquefaction and earthquake induced land sliding for limited geographic areas only. However, future maps may contain additional seismic hazards and may cover the entire state. Our search indicates whether a property is situated or not situated within a mapped Seismic Hazard Zone. If the property is not located in an area mapped by the state Seismic Hazards Mapping Program, our report indicates that the map for the site has not yet been released by the State. Due to limitations of the state Seismic Hazards Mapping Program, Zone Disclosures, Inc. recommends hiring a Certified Engineering Geologist to address any concerns regarding the seismic hazard potential of the subject site.
The liquefaction Hazard Zones delineate areas where liquefaction has been recorded in the past and areas where local soil and groundwater conditions indicate a potential for permanent ground displacement from liquefaction that would require mitigation. Site specific geo-technical studies are required prior to new development. Liquefaction is a process whereby saturated, unconsolidated, sandy soils, temporarily become liquefied as a result of strong ground shaking.
Liquefaction is considered most likely when the ground water table is located less than 50 feet below the ground surface. Ground displacement may occur and buildings may be damaged as a result of liquefaction.
Earthquake-Induced Landslide Zones include areas where geologic materials are considered susceptible to slope failure during strong earthquake ground shaking. Also included are areas with identified past landslide movement and areas with known earthquake-induced slope failure during historic earthquakes. Site-specific geo-technical studies are required prior to new development.
It should be noted that the maps may not show all areas of potential liquefaction or earthquake-induced land sliding. In addition, the mapped areas within each zone will not be affected uniformly during an earthquake. As noted on the maps, “Liquefaction zones may also contain areas susceptible to the effects of earthquake-induced landslides. This situation typically exist at or near the toe of existing landslides, down slope from rock fall Or debris flow source areas, or adjacent to steep stream beds.”
CITY/COUNTY HAZARD DISCLOSURE EXPLANATIONS
Zone Disclosures, Inc. provides information on locally identified natural hazards as an additional service because their disclosure to purchasers is either required by ordinance or the information is available on maps publicly available from various City and County sources. This service also supplements and completes the natural hazard information required by the California Civil Code 1103.
Flood Hazard Zones Back to Top
Supplemental flood zones include information not covered by Special Flood Hazard Areas as designated by the Federal Emergency Management Agency or by Dam Inundation zones as reported by the California State Office of Emergency Services. These can include tsunamis, runoff hazards, historical flood data and additional dike failure hazards.
Fire Hazard Zones Back to Top
Local agencies may, at their discretion, include or exclude certain areas from the requirements of California Government Code Section 51182 (imposition of fire prevention measures on property owners), following a finding supported by substantial evidence in the record that the requirements of Section 51182 either are, or are not necessary for effective fire protection within the area. Any additions to these maps that Zone Disclosures, Inc. has been able to identify and substantiate are included in our disclosure.
Seismic/Geologic Hazard Zones Back to Top
The California Division of Mines and Geology (DMG) has not completed the project assigned it by Section 2696 of the California Public Resources Code to identify areas of potential seismic hazards within the State of California. The DMG and the United States Geological Survey (USGS) have performed many valuable studies that supplement the Section 2696 maps and fill many missing areas. These maps are included in our disclosures. Also included in our disclosure is the review of maps that indicate many hazards that may or may not be seismically related, including, but not limited to, landslides, debris flows, mudslides, coastal cliff instability, volcanic hazards, and avalanches. Many cities and counties require geologic studies before any significant construction if the subject property is in or near a geologic hazard know to them. We have included all official and publicly available maps indicating geologic hazards know by these jurisdictions.
Earthquake Fault Hazard Zones Back to Top
Many local jurisdictions have different or higher standards then the State for the identification of active earthquake fault zones. These jurisdictions have created their own maps which indicate the active faults according to these standards. Some jurisdictions also recommend or require the disclosures of potentially active faults. Zone Disclosures, Inc. includes all official and publicly available maps indicating earthquake faults know by these jurisdictions.
SUPPLEMENTAL DISCLOSURES, NOTICES AND ADVISORY EXPLANATIONS
Flood Insurance Disclosure Back to Top
Floods can have a devastating effect on communities, causing loss of life, property damage, loss of income, and can have an adverse effect on government functioning. The Federal Government has designed measures that are intended to aid disaster assistance by encouraging insurance coverage for those properties in flood disaster areas.
In addition to the flood disclosure in the Natural Hazard Disclosure Statement associated with our report, Federal law {U.S. Code Title 42, Chapter 68, subchapter III, §5154a(B)(1)}requires a transferor, no later than the date on which a property is to be transferred, to notify a transferee of the requirement to purchase and maintain flood insurance, if disaster relief assistance (including a loan assistance payment) has been previously provided on the property and such assistance was conditioned on obtaining flood insurance according to Federal law. If a transferee fails to obtain and maintain flood insurance on a property disclosed to been in a previous federal disaster area and that received disaster relief assistance, then no Federal disaster relief assistance will be made available should that property subsequently be in a flood disaster area.
If a transferor fails to notify a transferee of the requirement to purchase and maintain flood insurance because of said property’s inclusion in a Federal disaster area and Federal disaster relief assistance received for that property, and transferee does not obtain and maintain flood insurance, then should that property be damaged by a flood disaster and receive Federal disaster relief assistance, the transferor will be required to reimburse the Federal Government for the amount of that assistance for that property.
State law (SBX17, Chaptered October 10, 1995) also prohibits “State disaster assistance from being provided to a person required to maintain flood insurance by State and Federal law, who has canceled or failed to maintain that coverage”.
The information contained here is not intended to indicate whether a property has been in a Federal disaster area and has received Federal disaster relief assistance, but merely to indicate an additional flood insurance disclosure requirement related to future disaster relief assistance availability.
Military Ordnance Disclosure Back to Top
California Civil Code d1102.15 requires the seller of residential real property to disclose whether any former federal or state ordnance locations were located within one mile of the subject property. For purposes of this law, “former federal or state ordnance locations” means an area identified by any agency or instrumentality of the federal or state governments as an area once used for military training purposes that may contain potentially explosive munitions.
Commercial Industrial Disclosure Back to Top
The disclosure regarding the Subject Property’s proximity to a zone or district allowing manufacturing, commercial or airport use is based upon currently available public records and excludes entirely agricultural properties. A physical inspection of the Subject Property has not been made. The calculation of the one-mile proximity measurement is based upon the distance between the Subject Property’s street address and the street address of the next closet property allowing manufacturing, commercial or airport use; the one-mile proximity measurement is not based upon a line of site measurement of the properties (e.g., “as the crow flies”). Therefore, it is possible for the distance between the properties’ street addresses, the Subject property may be reported as not within one mile of a zone or district allowing manufacturing, commercial or airport use.
Airport Proximity Disclosure Back to Top
This is not a noise (decibel level) disclosure and no disclosure is made regarding the proximity of private airports or landing strips. Rather, the airport proximity disclosure relates solely to the distance between the Subject Property’s street address and the current boundaries of a non-private airport. No physical inspection of the Subject Property or the airport has been made, and this report does not consider the impact of any planned or approved airport expansion projects or modifications. The calculation of the five-mile proximity measurement is based upon the distance between the Subject Property’s street address and present boundaries of the airport based upon currently available public records. Therefore, it is possible for the Subject Property to be located immediately adjacent to an airport, but because of the distance between the airport’s boundaries and the Subject Property’s street address, the Subject Property may be reported as not within five miles of the airport. No finding or opinion is expressed or implied in this report regarding the take-off and landing patterns utilized by airports or the noise levels experience at the Subject Property as a result thereof. Properties lying beneath or near airport take-off or landing routes often experience significant and disturbing noise levels notwithstanding that they are locat4ed more than five miles from the airport. In addition, take-off and landing patterns may change based upon weather conditions and airport expansion/modification projects.
Airport Influence Disclosure Back to Top
No disclosure is made regarding the proximity or location of out of State airports, out of USA airports, private airports, landing strips, private communities catering to airplane commuters, heliports or bodies of water that permit take-off and/or landing of sea planes. Rather, The Airport Influence Area Disclosure relates solely to the location of the Subject Property’s street address and the current boundaries of an Airport Influence Area provided by the cognizant authorities of the County where the Subject Property is located.
If the cognizant governmental authorities have not adopted an influence area boundary for a particular public airport, then (in accordance with Section 21675.1(b) of the California Public Utilities code) the default “study area” includes all land within 2 miles of the airport boundary (not the runway). No physical inspection of the Subject Property or the airport has been made. For purposes of this disclosure, an “Airport Influence Area” also known as an “airport referral area” is the area in which current or future airport-related noise, over flight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses as determined by an airport land use commission. A statement in a declaration acknowledging that a property in an airport influence area does not constitute a title defect, lien, or encumbrance.
Airport Noise Disclosure Back to Top
The Transferor(s) of residential real property who has (have) actual knowledge that the property in transaction is affected by airport noise must give written notice of that knowledge, as soon as practicable, before transfer of title (California Civil Code, Section 1102.17). Not all airports have produced noise exposure maps. See the Airport Landing Facilities Disclosure for additional information. A property may be near or at some distance from an airport and not be within a delineated noise exposure area, but still experience aviation noise. Unless 65 db CNEL contour maps are published, helipads and military sites are not included in this section of the report.
Note: The Airport Noise Compatibility Planning Program is voluntary. Not all airports have elected to participate. Not all property in the vicinity of the airport is exposed to 65 db CNEL or greater average aviation noise levels. A property may be at some distance from an airport and still experience aviation noise. Zone Disclosures, Inc. obtains updated maps once a year. Purchasers should be aware that aviation noise levels can vary seasonally or change if airport usage changes after a map is published or after Zone Disclosures, Inc. receives the updated maps within the schedule set by Zone Disclosures, Inc. Zone Disclosures, Inc. uses the most seasonally conservative noise exposure provided.
Federal funding may be available to help airports implement noise reduction programs. Such programs vary and might include purchasing properties, re-zoning, and insulating homes for sound within 65 db areas delineated on CNEL maps. Airports owners have also cooperated by imposing use restrictions that include curfews, modifying flight paths and aircraft limitations.
Registered Sex Offender (Megan’s Law) Advisory Back to Top
California Civil Code Section 2079.10a (commonly referred to as “Megan’s Law”) requires the following notice be provided as part of the purchasers agreement to a buyer or lessee of residential property: The California Department of Justice, sheriff’s departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a data base of locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and a source of information about the presence of these individuals in any neighborhood.
A new California law, Assembly Bill 488 (Nicole, Parra) sponsored by the State Attorney General now provides the public with Internet access to detailed information on registered sex offenders.
This expanded access allows the public for the first time to use their personal computers to view information on sex offenders required to register with local law enforcement under California's Megan's Law. Previously, the information was available only by personally visiting police stations and sheriff offices or by calling a 900 toll-number. The new law was given final passage by the Legislature on August 24, 2004 and signed by the Governor on September 24, 2004.
Prospective purchasers are encouraged to investigate the State’s web site at: http://www.meganslaw.ca.gov
Toxic Mold Addendum (“Toxic Mold Protection Act of 2001”) Back to Top
California law (California Civil Code Section 1102.6 Et Seq) requires any seller, transferor, or lessor of residential, commercial. Or industrial property; or public entity that owns, leases, or operates a building provide a written disclosure to prospective purchasers, prospective tenants, renters, or occupants if the seller, transferor, lessor, or public entity has knowledge of mold conditions or in specified instances has reasonable cause to believe, that mold (visible or hidden) that exceeds permissible exposure limits is present that affects the unit, or building. The State Department of Health Services is designated as the lead agency for identifying, adopting, and determining permissible exposure limits to mold in indoor environments, mold identification and remediation efforts.
Radon Advisory Back to Top
For its Radon Advisory, Zone Disclosures, Inc. uses the updated assessment of radon exposure published in 1999 by the Lawrence Berkeley National Laboratory (LBNL) and Columbia University, under support from the U.S. Environmental Protection Agency (EPA), the National Science Foundation, and the US Department of Energy (published online at: http://eetd.lbl.gov/IEP/highradon/USgm.htm
Based on this recent assessment, Zone Disclosures, Inc.’s radon advisory is as follows:
All of California's 58 counties have a predicted median annual-average living-area concentration of radon below 2.0 pCi/L (picocuries per liter of indoor air) -- which is well below the EPA's guideline level of 4 pCi/L and equivalent to the lowest hazard zone (Zone 3) on the 1993 EPA Map of Radon Zones
A "median", like an average, is a central value. The "median concentration" means that half of the homes in a county are expected to be below this value and half to be above it. All houses contain some radon, and a few houses will contain much more than the median concentration. The only way to accurately assess long-term exposure to radon in a specific house is through long-term testing (sampling the indoor air for a year or more). The EPA recommends that all homes be tested for radon. Columbia University's "Radon Project" website offers help to homeowners in assessing the cost vs. benefit of testing a specific house for radon or modifying it for radon reduction (see http://www.stat.columbia.edu/radon/).
NOTE: Zone Disclosures, Inc. does not use the EPA's 1993 map for advisory purposes because that map shows "short-term" radon exposure averaged by county. It was based on "screening measurements" that were intentionally designed to sample the worst-case conditions for indoor air in US homes--using spot checks (sampling for just a few days), in the poorest air quality (with sealed doors and windows), at the worst time of the year (winter), in the worst part of the house (the basement, if one was available). These short-term, winter, basement measurements are both biased and variable compared to long-term radon concentrations (averaged over a year) in the living area of a house. Long-term concentrations are a more accurate way to judge the long-term health risk from radon. For the above reasons, the EPA expressly disclaims the use of its 1993 map for determining whether any house should be tested for radon, and authorizes no other use of its map for property-specific purposes.
Methane Disclosure Back to Top
Methane is a colorless, odorless gas with a wide distribution in nature, often occurring naturally as a part of natural gas in areas containing petroleum deposits. Properties located in a methane area may also be in proximity to other methane gas sources such as landfills, oil wells, oil fields, and underground gas storage facilities. Although natural methane gas is relatively harmless, high concentrations of it can be hazardous due to its highly combustible chemical composition, as well as its ability to displace oxygen. Migration of the gas into areas containing impermeable surfaces (i.e. concrete, pavement, basements, etc.) can trap the gas, resulting in the accumulation of high concentrations. Information available is based on data from the California Division of Oil, Gas and Geothermal Resources.
Properties located in a methane zone may be required to undergo testing and mitigation requirements, and additional report requirements. If the property is found to be in a methane zone, Zone Disclosures, Inc. recommends that the buyer contact the local Building and Safety Department or other applicable department to ascertain what previous measures might have been taken to properly vent the area and what considerations might apply regarding building permits or renovations.
Abandoned Mines Advisory Back to Top
According to the California Department of Conservation, Office of Mine Reclamation, since the Gold Rush of 1949, thousands of mines have been drilled in California. Many were abandoned when they became unproductive or unprofitable. The result is that California’s landscape contains many thousands of abandoned mines, which can pose many health, safety, and environmental hazards on and around the mine property. Mines can present serious physical safety hazards such as open shafts and tunnels, and they may create the potential to contaminate surface water, groundwater, or even air quality. Some abandoned mines are such massive problems and have earned a spot on the Federal Superfund Environmental Hazards List
No California Law required the disclosure of abandoned mines in a real estate transaction, unless the existence of an abandoned mine is within the actual knowledge of the seller and is deemed to be a fact material to the transaction. The Office of Mine Reclamation (OMR) and the United States Geological Survey maintain a database of abandoned mines; however it is known to be incomplete and based on maps that are often decades out-of-date. Many mines are not mapped because they are on private land. The OMR warns that the State’s abandoned mines database “should NOT be relied upon for the obligations of sellers of real property and their disclosure obligations under California Law.
Our Zone Disclosure Report does not contain an abandoned mines disclosure from any government database, or map, or any other source. Parties concerned with the possible existence, or impact of abandoned mines in the vicinity of a property are advised to retain a State-licensed geotechnical consultant to study the site and issue a report. Other sources of information include, but are not limited to, the State Office of Mine Reclamation at (916) 323-9198. You can also visit there web site at: http://www.conservation.ca.gov/OMR/Pages/Index.aspx Zone Disclosures, Inc. also recommends that you contact the engineering, planning and building departments in the properties City or County for additional information.
Oil and Gas Well Advisory Back to Top
California is ranked fourth in the nation among oil producing States. Surface oil production is concentrated mainly in Southern California, and in districts elsewhere in the State. In recent decades, real estate development has rapidly encroached into areas where oil production has occurred. Because the State’s oil production has been in decline since the 1980’s, thousand of oil and gas wells have been shut down or abandoned, and many of those wells are in areas where residential neighborhoods now exist.
According to the California Department of Conservation (DOC), to date, approximately 180,000 oil, gas and geothermal wells have been drilled in California, and approximately 88,000 are still in use. The remaining wells are used intermittingly, have been sealed under the supervision of the DOC’s Division of Oil, Gas, and Geothermal Resources, or have been abandoned and have no known operator. The State has a special fund that pays the cost of safely capping or abandoning the wells, however, the program is limited in scope and progress. Buyer should be aware that the DOC database lists oil and gas wells in any County, and those may include abandoned wells. Health and safety hazards may be associated with oil and gas wells, whether abandoned, capped or active, but not limited to, soil and groundwater contamination, oil and methane seeps, fire hazards, air quality problems, and physical safety hazards to humans and animals. For general information, visit the California Department of Conservation, Division of Oil, Gas and Geothermal Resources at: http://www.conservation.ca.gov/dog/Pages/Index.aspx
Naturally Occurring Asbestos Disclosure Back to Top
Asbestos is the common name for a group of silicate minerals that are made of thin, strong fibers. It occurs naturally in certain geologic settings in California, most commonly in ultrabasic and ultramafic rock, including serpentine rock, and along associated faults. Chrysotile is the most common type of asbestos, and is often contained in serpentine rock. Serpentine rock is a typically grayish-green to bluish-black color rock that may be shiny in appearance, and is commonly found in the Sierra foothills, the Klamath Mountains, and Coast Ranges. While asbestos formation is more likely in the formations of these rocks, its presence is not certain.
Because asbestos is a mineral, asbestos fibers are generally stable in the environment. The fibers will not evaporate in the air. Some naturally occurring asbestos can become friable, or crushed into a powder. This may occur when vehicles drive over unpaved roads or driveways that are surfaced with ultrabasic, ultramafic or serpentine rock, when land is graded for building purposes, or at quarrying operations. Weathering and erosion may also naturally release asbestos. Friable asbestos can become suspended in the air, and under these conditions, asbestos fibers represent a significant risk to human health. Asbestos is a known carcinogen, and inhalation of asbestos may result in the development of lung cancer. Zone Disclosures, Inc. has obtained geologic maps from the California Department of Conservation, Division of Mines and Geology, which detail areas within the state that contain naturally occurring ultrabasic and ultramafic rocks. Those properties whose underlying geologic substructure contains these types of rock, with their higher potential for asbestos content, have a higher chance of asbestos exposure, and thus may be in a potential asbestos hazard area.
Methamphetamine Contaminated Property Advisory Back to Top
California law (Health and Safety Code Section 25400.28) requires property owners to notify prospective buyers in writing of any pending order that would prevent the use or occupancy of a property because of methamphetamine laboratory activity, and to provide the prospective buyer with a copy of the pending order. Receipt of a copy of the pending order shall be acknowledged in writing by the prospective buyer. The “Methamphetamine Contaminated Property Cleanup Act of 2005,” chapter 6.9.1 specifies human occupancy standards for property that is subject to the act. These standards will be replaced by any that are devised by the Department of Toxic Substance Control, in consultation with the Office of Environmental Substance Control. In addition, this act outlines procedures for local authorities in dealing with methamphetamine contaminated properties, including the use of a property lien. This disclosure is meant to inform prospective buyers of the California disclosure law regarding methamphetamine lab activity, and does not indicate or imply that a particular property is or has been contaminated according to law.
Duct Sealing & Testing Requirement Disclosure Back to Top
The Energy Policy and Conservation Act directs the Department of Energy (DOE) to establish minimum efficiency standards for various products, including central air conditioners and heat pumps. The DOE has amended the energy conservation standards for residential central air conditioners and heat pumps manufactured for sale in the United States. As of January 23, 2006, these products are required to be manufactured with an energy rating of 13 SEER (SEER, Seasonal Energy Efficiency Ratio, is the measurement of energy efficiency for the cooling performance of central air conditioners and heat pumps). This amended SEER rating is 30 percent more efficient than 10 SEER, the previous standard. This new standard applies to split system air conditioners and heat pumps and small duct, high velocity systems manufactured after January 23, 2006. Products manufactured prior to this date with a SEER rating of less than 13 may still be sold and installed. Homeowners are not required to replace or upgrade existing central air conditioning units or heat pumps to comply with the new standards. Zone Disclosures, Inc. recommends that the potential buyer of the subject property verify the SEER rating of the central air conditioning or heat pump system through a professional such as a home inspector or through the California Home Energy Efficiency Rating Services. This agency, a home energy rating provider, is a non-profit organization that promotes energy efficiency through comprehensive analyses of homes.
Additional information may be found at: http://www.eere.energy.gov/buildings/appliance_standards/residential/central_ac_hp.html or at www.cheers.org
The California Energy Commission outlines the new duct sealing requirements in a letter to homeowners, which states: Beginning October 1, 2005, you must have your home’s ducts tested for leaks when you have a central air conditioner or furnace installed or replaced. Ducts that leak 15 percent or more must be repaired to reduce the leaks. After your contractor tests and fixes the ducts, you choose whether to have an approved third-party field verifier check to make sure the duct testing and sealing was done properly or to have your house included in a random sample where one in seven duct systems are checked.
Duct sealing is not required in the following situations: 1) when homes are in specific coastal climates; 2) when systems have less than 40 feet of ductwork in unconditioned spaces like attics, garages, crawlspaces, basements or outside the building, or 3) when ducts are constructed, insulated or sealed with asbestos. There also are specific alternatives that allow high efficiency equipment and added duct insulation to be installed instead of fixing duct leaks.
You also should know that any contractor failing to obtain a required building permit and failing to test and repair your ducts is violating the law and exposing you to additional costs and liability. Real estate law requires you to disclose to potential buyers and appraisers whether or not you obtained required permits for work done on your house. If you do not obtain a permit, you may be required to bring your home into compliance with code requirements for that work and you may have to pay penalty permit fees and fines prior to selling your home. According to the California Energy Commission, these duct sealing requirements apply when the following are replaced: the air handler, the outdoor condensing unit of a split system air conditioner or heat pump, the cooling or heating coil, or the furnace heat exchanger.
More information may be found at www.energy.ca.gov/title24/changeout.
Williamson Act Disclosure Back to Top
Approximately 16.9 million of the State’s 29 million acres of farm and ranch land are currently protected under the California Land Conservation, or Williamson Act. The California Legislature passed the Williamson Act in 1965 to preserve agriculture and open space lands by discouraging premature and unnecessary conversion to urban use. The Act creates an arrangement whereas private land owners contract with Counties and Cities to voluntarily restrict land to agricultural and open-space uses. The vehicle for these agreements is a rolling term 10 year contract (i.e. unless either party files a “notice of non-renewal” the contract is automatically renewed annually for an additional year). In return, restricted parcels are assessed for property tax purposes at a rate consistent with their actual use, rather then potential market value. An “agricultural preserve” defines the boundary of an area within which a City or County will enter into contracts with land owners. The boundary is designated by resolution of the board supervisors or city counsel having jurisdiction. Only land located within an agricultural preserve is eligible for a Williamson Act contract. Preserves are regulated by rules and restriction designated in the resolution to ensure that the land within the preserve is maintained for agricultural or open-space use.
The Williamson Act Contract is the legal document that obligates the property owner and any successors of interest to the contracts enforceable restrictions. A landowner interested in enrolling land should contact the local planning department of the County in which the land is located to obtain information and instructions.
A Williamson Act Contract runs with the land and is binding on all successors in interest of the landowner. More information may be found by contacting the California Department of Conservation, Division of Land Resources Protection at (916) 324-0850, or on there web site at http://www.conservation.ca.gov/dlrp/lca
Right to Farm Disclosure Back to Top
California Civil Code section 1103.4 requires notice if a property is presently located within one mile of a parcel of real property designated as “Prime Farmland,” “Farmland of Statewide Importance.” “Unique Farmland,” “Farmland of Local Importance,” or “Grazing Land” on the most current countylevel GIS "Important Farmland Map" issued by the California Department of Conservation, Division of Land Resource Protection. Properties situated in these zones may be subject to inconveniences or discomforts resulting from agricultural operations that are a normal and necessary aspect of living in a community with a strong rural character and a healthy agricultural sector. Customary agricultural practices in farm operations may include, but are not limited to, noise, odors, dust, light, insects, the operation of pumps and machinery, the storage and disposal of manure, bee pollination, and the ground or aerial application of fertilizers, pesticides, and herbicides. These agricultural practices may occur at any time during the 24-hour day. Individual sensitivities to those practices can vary from person to person.
Endangered Species Act Advisory Back to Top
The Federal Endangered Species Act of 1973 ("ESA"), as amended, requires that plant and animal species identified and classified ("listed") by the Federal government as "threatened" or "endangered" be protected under U.S. law. Areas of habitat considered essential to the conservation of a listed species may be designated as "critical habitat" and may require special management considerations or protection. All threatened and endangered species -- even if critical habitat is not designated for them -- are equally afforded the full range of protections available under the ESA. In California alone, over 300 species of plants and animals have been designated under the ESA as threatened or endangered, and over 80 species have critical habitats designated for them. Most California counties are host to a dozen or more protected species and, in many cases, 10 or more species have designated critical habitats within a county.
An awareness of threatened and endangered species and/or critical habitats is not reasonably expected to be within the actual knowledge of a seller. No federal or state law or regulation requires a seller or seller's agent to disclose threatened or endangered species or critical habitats, or to otherwise investigate their possible existence on real property. Therefore, Buyer is advised that, prior to purchasing a vacant land parcel or other real property, Buyer should consider investigating the existence of threatened or endangered species, or designated critical habitats, on or in the vicinity of the Property which could affect the use of the Property or the success of any proposed (re)development. For additional information, please visit the U.S. Fish & Wildlife Service at: http://www.fws.gov/
Notice of ‘Supplemental” Property Tax Bill Advisory Back to Top
California Civil Code 1102.6c states that a seller, or his or her agent is responsible for delivering a notice specifying information about supplemental tax ssessments:“California property tax law requires the Assessor to revalue real property at the time the ownership of the property changes. Because of this law, you may receive one or two supplemental tax bills, depending on when your loan closes. The supplemental tax bills are not mailed to your lender. If you have arranged for your property tax payments to be paid through and impound account, the supplemental tax bills will not be paid by your lender. It is your responsibility to pay these supplemental bills directly to the Tax Collector. If you have any questions regarding this matter, please call your local Tax Collector Office.
Notice of Private Transfer Fees Back to Top
Private transfer fees are charges imposed generally by developers which require a payment or fee to be paid every time a property within the development is sold or transferred. Private transfer fees are not imposed by the government and do not appear on the property tax bill. Private transfer fees can be found in covenants, conditions and restrictions (CC&R’s) contained in a deed, contract, security instrument or on other documents affecting the transfer or sale of, or any interest in real property. A private transfer fee does not include:
- Fees or taxes imposed by a government entity
- Fees pursuant to mechanics’ liens
- Fees pursuant to court-ordered transfers, payments, or judgments
- Fees pursuant to property agreements in connection with legal separation or dissolution of marriage
- Fees, charges, or payments in connection with the administration of estate or trusts pursuant to Division 7, 8, or 9 of the Probate Code
- Fees, charges, or payments imposed by lenders or purchasers of loans, as these entities are described in subdivision C of Section 10232 of the Business and Professions Code
- Assessments, charges, penalties, or fees authorized by the Davis Stirling Common Interest Development Act (Title 6 of Part 4)
- Fees, charges, or payments for failing to comply with, or for transferring the real property prior to satisfying an obligation to construct residential improvements on the real property. Zone Disclosures, Inc. recommends that the Buyer(s) inquiry as to whether there is a private transfer fee requirement on the subject property. If there is a transfer fee requirement, the Buyer(s) should investigate the amount of the fee, how this fee is calculated, the date or circumstances under which the transfer fee payment requirement expires, if any, the entity to which the fee will be paid, and the general purposes for which the fee will be used
Mello-Roos Community Facilities District Disclosure Back to Top
Mello-Roos Community Facilities Districts ("CFD") provide a method of financing certain public capital facilities and services especially in developing areas and areas undergoing rehabilitation. Public improvements funded by Mello-Roos CFDs may include, but are not limited to, roads, schools, water, sewer and storm drain facilities. Public services funded by Mello-Roos CFDs may include, but are not limited to, police and fire protection services, recreation program services, and flood or storm protection services. Mello-Roos CFDs commonly fund the construction of public improvements through the issuance of bonds. A special tax lien is placed on property within the district for the annual payment of principal and interest as well as administrative expenses. Typically, the annual special tax continues until the bonds are repaid, or until special taxes are no longer needed. Mello-Roos special tax rates may increase each year. In most instances but not all, the special tax is collected with regular property taxes. Properties located within a Mello-Roos Community Facilities District are subject to a special tax, which is in addition to the regular property taxes and any other charges and benefit assessments that will be listed on the property tax bill. This special tax may not be imposed on all parcels within the city or county where the property is located. The special tax is used to provide public facilities or services that are likely to particularly benefit the property.
Special Assessments (1915 Bond Act Disclosure) Back to Top
1915 Bond Act assessment districts provide a method of financing certain public capital facilities. Public improvements funded by 1915 Bond Act districts may include, but are not limited to, roads, sewer, water and storm drain systems, and street lighting. 1915 Bond Act assessment districts commonly fund the construction of public improvements through the issuance of bonds. A special assessment lien is placed on property within the assessment district. The lien amount is calculated according to the specific benefit that individual property receives from the improvements and is amortized over a period of years. 1915 Bond Act assessments can be prepaid at any time. In most instances but not all, the assessment is collected with regular property taxes.
Properties within a 1915 Bond Act assessment district are subject to annual assessment installments (a Mello-Roos Community Facilities District special tax and the 1915 Bond Act Assessment District annual assessment installments are hereinafter collectively referred to as "Special Liens"), which are in addition to the regular property taxes and any other charges and benefit assessments that will be listed on the property tax bill. The assessment district issues bonds to finance the acquisition or construction of certain public improvements that are of direct and special benefit to property within the assessment district. The bonds will be repaid from annual assessment installments on property within the assessment district. The special assessment is used to provide public facilities that are likely to particularly benefit the property.
A-Plus Property Report Back to Top
Our 5-year insurance loss history report is provided by Insurance Services Office, Inc. (ISO). ISO’s A-PLUS Property Database is the most comprehensive available today. Contributing insurance companies represent over 95% of direct written premiums in the United States. A-PLUS Property Reports are a vital tool in evaluating insurance loss history for residential and commercial property and provide a reliable mechanism for identifying potential risk factors in property transfers.