State Codes and Statutes

Statutes > California > Edc > 35277-35278.5

EDUCATION CODE
SECTION 35277-35278.5



35277.  For purposes of this article the following terms have the
following meanings:
   (a) "Affordable housing cost" has the same meaning as set forth in
Chapter 2 (commencing with Section 50050) of Part 1 of Division 31
of the Health and Safety Code as applied to persons and families of
low or moderate income.
   (b) "Affordable rent" has the same meaning as set forth in Chapter
2 (commencing with Section 50050) of Part 1 of Division 31 of the
Health and Safety Code as applied to persons and families of low or
moderate income.
   (c) "Extremely low income households" has the same meaning as set
forth in Section 50106 of the Health and Safety Code.
   (d) "Local governing agency" means a city in which a new
schoolsite is located, or if a new schoolsite is located in an
unincorporated area, the county in which the new schoolsite is
located.
   (e) "Eligible nonprofit corporation" means a nonprofit public
benefit corporation, nonprofit mutual benefit corporation, or a
limited liability company in which the managing member is a nonprofit
public benefit corporation or a nonprofit mutual benefit
corporation.
   (f) "New schoolsite" means real property acquired by a school
district on and after January 1, 2003, for construction of a new
schoolsite or for expansion of an existing schoolsite.
   (g) "New schoolsite replacement housing" means housing to replace
the residential dwelling units demolished or to be demolished in
connection with a new schoolsite.
   (h) "Persons and families of low income" has the same meaning as
set forth in Section 50093 of the Health and Safety Code.
   (i) "Persons and families of low or moderate income" has the same
meaning as set forth in Section 50093 of the Health and Safety Code.
   (j) "Very low income households" has the same meaning as set forth
in Section 50105 of the Health and Safety Code.
   (k) "Vicinity of a new schoolsite" means the area within the
census tract in which a new schoolsite is located and the areas
within the immediately adjacent census tracts.



35277.5.  For purposes of this article, an extreme shortage of
affordable housing exists if any of the following conditions exist:
   (a) The vacancy rate for rental housing in the jurisdiction in
which the new schoolsite is located is 5 percent or lower.
   (b) The median rent in the Zip Code where the new replacement
housing is located is more than 30 percent of the median income of
the households displaced by the school construction.
   (c) The occupancy rate for 10 percent or more of the dwelling
units within the vicinity of the new schoolsite equals or exceeds 1.5
persons per room, excluding bathrooms, hallways, and porches.



35278.  (a) If a school district or community college district has
acquired a new schoolsite containing residential dwelling units, the
local governing agency, community college district, or eligible
nonprofit corporation may, consistent with this article, acquire real
property for the purpose of new schoolsite replacement housing and
utilize or convey the property according to this article, if all of
the following conditions are met:
   (1) The local governing agency has determined that an extreme
shortage of affordable housing exists in the vicinity of the new
schoolsite.
   (2) The real property to be used for replacement housing is
acquired by the local governing agency, community college district,
or an eligible nonprofit corporation in the vicinity of a new
schoolsite, or in an area designated in the local governing agency's
replacement housing plan adopted pursuant to paragraph (1) of
subdivision (e), within two years of the school district's
acquisition of a possessory right to the new schoolsite.
   (3) The combined area of the real property to be used for
replacement housing acquired by the local governing agency, community
college district, or an eligible nonprofit corporation pursuant to
this article does not include any portion of the new schoolsite and
does not, in acreage, exceed 150 percent of the area acquired by the
school district for the new schoolsite.
   (b) (1) A local governing agency or eligible nonprofit corporation
may rehabilitate, develop, or construct residential facilities on
the property for the purpose of providing new schoolsite replacement
housing as set forth in this article.
   (2) A community college district or eligible nonprofit corporation
may acquire real property for the purpose of new schoolsite
replacement housing only from a willing seller.
   (c) Notwithstanding Article 8 (commencing with Section 54220) of
Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code
or any other provision of law, a local governing agency, community
college district, or eligible nonprofit corporation that has acquired
real property for new schoolsite replacement housing pursuant to
this article may convey the property to an affiliated public agency
for the purpose of providing new schoolsite replacement housing. An
affiliated public agency that has acquired real property pursuant to
this section may rehabilitate, develop, or construct residential
facilities on the property for the purpose of providing new
schoolsite replacement housing in compliance with this article.
   (d) Notwithstanding Article 8 (commencing with Section 54220) of
Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code
or any other provision of law, a local governing agency, community
college district, eligible nonprofit corporation, or an affiliated
public agency, that has acquired real property for new schoolsite
replacement housing pursuant to this article, may sell, lease for no
more than 99 years, jointly develop, exchange, subdivide, transfer,
assign, pledge, encumber by mortgage, deed of trust, or otherwise, or
otherwise dispose of the real property or any interest in that
property, or any portion thereof, for the purpose of providing new
schoolsite replacement housing through the rehabilitation,
development, or construction of residential facilities or combined
residential and commercial facilities on that property.
   (e) (1) Any disposition of real property, pursuant to subdivision
(d), acquired for new schoolsite replacement housing pursuant to this
article shall be in furtherance of a replacement housing plan. The
local governing agency, or community college district shall adopt a
replacement housing plan for disposition of real property pursuant to
this article, which shall meet all of the following requirements:
   (A) The replacement housing plan shall include all of the
following:
   (i) A statement of the general location of housing to be developed
pursuant to this section.
   (ii) A description of the means of financing the development.
   (iii) A finding that the actions to be taken pursuant to the plan
do not require approval of the voters pursuant to Article XXXIV of
the California Constitution, or that the approval has been or will be
obtained.
   (iv) A specification of the number of dwelling units housing
persons and families of low income and persons and families of
moderate income, respectively, that are planned for construction or
rehabilitation.
   (v) Provisions to ensure that persons displaced by the acquisition
of a new schoolsite, and the acquisition of the new schoolsite
replacement housing property pursuant to this article, shall have a
right of first refusal for the purchase or rental of dwelling units
developed in the replacement housing.
   (vi) A description of any facilities for commercial use to be
constructed in combination with the replacement housing.
   (B) The number of dwelling units to be developed on the combined
area of real property acquired pursuant to this article will be equal
to a prescribed percentage, as determined by the local governing
agency, or community college district, but in no event less than the
sum of both of the following:
   (i) Seventy-five percent of the total number of dwelling units
demolished or to be demolished in connection with construction or
expansion of school facilities on the new schoolsite.
   (ii) The total number of dwelling units on the new schoolsite
replacement housing property to be acquired pursuant to this article.
   (C) Unless the local governing agency or community college
district prescribes a greater number pursuant to subparagraph (D),
the number of dwelling units developed on the property acquired for
new schoolsite replacement housing pursuant to this article that are
available at affordable housing costs or affordable rents shall be
greater than, or equal to, the lesser of either of the following:
   (i) A number equal to 50 percent of the dwelling units developed
on the property acquired for new schoolsite replacement housing
pursuant to this article.
   (ii) The number of households of persons and families of low, or
moderate, income displaced by the acquisition of the new schoolsite
property and by the acquisition of the property for new schoolsite
replacement housing pursuant to this article.
   (D) A local governing agency, community college district, or
eligible nonprofit corporation may require that all or any portion of
the dwelling units, in addition to those required under subparagraph
(C), be available at affordable housing cost or affordable rent to
persons and families in lower income categories, including, persons
and families of low income, very low income, or extremely low income.
This section does not prohibit a local governing agency, community
college district, or eligible nonprofit corporation from
participating financially or otherwise to enable any housing
developed pursuant to this article to serve households of lower
income if the need for that housing is identified in, and consistent
with, the replacement housing plan.
   (2) For a reasonable period of time prior to adopting the
replacement housing plan, the agency or community college district
shall make available a draft of the proposed plan for review and
comment by public agencies and the general public.



35278.5.  This article does not require a local governing agency to
acquire real property, develop replacement housing, or perform any
other act pursuant to this article. A local governing agency may, at
its option, take action pursuant to this article.


State Codes and Statutes

Statutes > California > Edc > 35277-35278.5

EDUCATION CODE
SECTION 35277-35278.5



35277.  For purposes of this article the following terms have the
following meanings:
   (a) "Affordable housing cost" has the same meaning as set forth in
Chapter 2 (commencing with Section 50050) of Part 1 of Division 31
of the Health and Safety Code as applied to persons and families of
low or moderate income.
   (b) "Affordable rent" has the same meaning as set forth in Chapter
2 (commencing with Section 50050) of Part 1 of Division 31 of the
Health and Safety Code as applied to persons and families of low or
moderate income.
   (c) "Extremely low income households" has the same meaning as set
forth in Section 50106 of the Health and Safety Code.
   (d) "Local governing agency" means a city in which a new
schoolsite is located, or if a new schoolsite is located in an
unincorporated area, the county in which the new schoolsite is
located.
   (e) "Eligible nonprofit corporation" means a nonprofit public
benefit corporation, nonprofit mutual benefit corporation, or a
limited liability company in which the managing member is a nonprofit
public benefit corporation or a nonprofit mutual benefit
corporation.
   (f) "New schoolsite" means real property acquired by a school
district on and after January 1, 2003, for construction of a new
schoolsite or for expansion of an existing schoolsite.
   (g) "New schoolsite replacement housing" means housing to replace
the residential dwelling units demolished or to be demolished in
connection with a new schoolsite.
   (h) "Persons and families of low income" has the same meaning as
set forth in Section 50093 of the Health and Safety Code.
   (i) "Persons and families of low or moderate income" has the same
meaning as set forth in Section 50093 of the Health and Safety Code.
   (j) "Very low income households" has the same meaning as set forth
in Section 50105 of the Health and Safety Code.
   (k) "Vicinity of a new schoolsite" means the area within the
census tract in which a new schoolsite is located and the areas
within the immediately adjacent census tracts.



35277.5.  For purposes of this article, an extreme shortage of
affordable housing exists if any of the following conditions exist:
   (a) The vacancy rate for rental housing in the jurisdiction in
which the new schoolsite is located is 5 percent or lower.
   (b) The median rent in the Zip Code where the new replacement
housing is located is more than 30 percent of the median income of
the households displaced by the school construction.
   (c) The occupancy rate for 10 percent or more of the dwelling
units within the vicinity of the new schoolsite equals or exceeds 1.5
persons per room, excluding bathrooms, hallways, and porches.



35278.  (a) If a school district or community college district has
acquired a new schoolsite containing residential dwelling units, the
local governing agency, community college district, or eligible
nonprofit corporation may, consistent with this article, acquire real
property for the purpose of new schoolsite replacement housing and
utilize or convey the property according to this article, if all of
the following conditions are met:
   (1) The local governing agency has determined that an extreme
shortage of affordable housing exists in the vicinity of the new
schoolsite.
   (2) The real property to be used for replacement housing is
acquired by the local governing agency, community college district,
or an eligible nonprofit corporation in the vicinity of a new
schoolsite, or in an area designated in the local governing agency's
replacement housing plan adopted pursuant to paragraph (1) of
subdivision (e), within two years of the school district's
acquisition of a possessory right to the new schoolsite.
   (3) The combined area of the real property to be used for
replacement housing acquired by the local governing agency, community
college district, or an eligible nonprofit corporation pursuant to
this article does not include any portion of the new schoolsite and
does not, in acreage, exceed 150 percent of the area acquired by the
school district for the new schoolsite.
   (b) (1) A local governing agency or eligible nonprofit corporation
may rehabilitate, develop, or construct residential facilities on
the property for the purpose of providing new schoolsite replacement
housing as set forth in this article.
   (2) A community college district or eligible nonprofit corporation
may acquire real property for the purpose of new schoolsite
replacement housing only from a willing seller.
   (c) Notwithstanding Article 8 (commencing with Section 54220) of
Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code
or any other provision of law, a local governing agency, community
college district, or eligible nonprofit corporation that has acquired
real property for new schoolsite replacement housing pursuant to
this article may convey the property to an affiliated public agency
for the purpose of providing new schoolsite replacement housing. An
affiliated public agency that has acquired real property pursuant to
this section may rehabilitate, develop, or construct residential
facilities on the property for the purpose of providing new
schoolsite replacement housing in compliance with this article.
   (d) Notwithstanding Article 8 (commencing with Section 54220) of
Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code
or any other provision of law, a local governing agency, community
college district, eligible nonprofit corporation, or an affiliated
public agency, that has acquired real property for new schoolsite
replacement housing pursuant to this article, may sell, lease for no
more than 99 years, jointly develop, exchange, subdivide, transfer,
assign, pledge, encumber by mortgage, deed of trust, or otherwise, or
otherwise dispose of the real property or any interest in that
property, or any portion thereof, for the purpose of providing new
schoolsite replacement housing through the rehabilitation,
development, or construction of residential facilities or combined
residential and commercial facilities on that property.
   (e) (1) Any disposition of real property, pursuant to subdivision
(d), acquired for new schoolsite replacement housing pursuant to this
article shall be in furtherance of a replacement housing plan. The
local governing agency, or community college district shall adopt a
replacement housing plan for disposition of real property pursuant to
this article, which shall meet all of the following requirements:
   (A) The replacement housing plan shall include all of the
following:
   (i) A statement of the general location of housing to be developed
pursuant to this section.
   (ii) A description of the means of financing the development.
   (iii) A finding that the actions to be taken pursuant to the plan
do not require approval of the voters pursuant to Article XXXIV of
the California Constitution, or that the approval has been or will be
obtained.
   (iv) A specification of the number of dwelling units housing
persons and families of low income and persons and families of
moderate income, respectively, that are planned for construction or
rehabilitation.
   (v) Provisions to ensure that persons displaced by the acquisition
of a new schoolsite, and the acquisition of the new schoolsite
replacement housing property pursuant to this article, shall have a
right of first refusal for the purchase or rental of dwelling units
developed in the replacement housing.
   (vi) A description of any facilities for commercial use to be
constructed in combination with the replacement housing.
   (B) The number of dwelling units to be developed on the combined
area of real property acquired pursuant to this article will be equal
to a prescribed percentage, as determined by the local governing
agency, or community college district, but in no event less than the
sum of both of the following:
   (i) Seventy-five percent of the total number of dwelling units
demolished or to be demolished in connection with construction or
expansion of school facilities on the new schoolsite.
   (ii) The total number of dwelling units on the new schoolsite
replacement housing property to be acquired pursuant to this article.
   (C) Unless the local governing agency or community college
district prescribes a greater number pursuant to subparagraph (D),
the number of dwelling units developed on the property acquired for
new schoolsite replacement housing pursuant to this article that are
available at affordable housing costs or affordable rents shall be
greater than, or equal to, the lesser of either of the following:
   (i) A number equal to 50 percent of the dwelling units developed
on the property acquired for new schoolsite replacement housing
pursuant to this article.
   (ii) The number of households of persons and families of low, or
moderate, income displaced by the acquisition of the new schoolsite
property and by the acquisition of the property for new schoolsite
replacement housing pursuant to this article.
   (D) A local governing agency, community college district, or
eligible nonprofit corporation may require that all or any portion of
the dwelling units, in addition to those required under subparagraph
(C), be available at affordable housing cost or affordable rent to
persons and families in lower income categories, including, persons
and families of low income, very low income, or extremely low income.
This section does not prohibit a local governing agency, community
college district, or eligible nonprofit corporation from
participating financially or otherwise to enable any housing
developed pursuant to this article to serve households of lower
income if the need for that housing is identified in, and consistent
with, the replacement housing plan.
   (2) For a reasonable period of time prior to adopting the
replacement housing plan, the agency or community college district
shall make available a draft of the proposed plan for review and
comment by public agencies and the general public.



35278.5.  This article does not require a local governing agency to
acquire real property, develop replacement housing, or perform any
other act pursuant to this article. A local governing agency may, at
its option, take action pursuant to this article.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 35277-35278.5

EDUCATION CODE
SECTION 35277-35278.5



35277.  For purposes of this article the following terms have the
following meanings:
   (a) "Affordable housing cost" has the same meaning as set forth in
Chapter 2 (commencing with Section 50050) of Part 1 of Division 31
of the Health and Safety Code as applied to persons and families of
low or moderate income.
   (b) "Affordable rent" has the same meaning as set forth in Chapter
2 (commencing with Section 50050) of Part 1 of Division 31 of the
Health and Safety Code as applied to persons and families of low or
moderate income.
   (c) "Extremely low income households" has the same meaning as set
forth in Section 50106 of the Health and Safety Code.
   (d) "Local governing agency" means a city in which a new
schoolsite is located, or if a new schoolsite is located in an
unincorporated area, the county in which the new schoolsite is
located.
   (e) "Eligible nonprofit corporation" means a nonprofit public
benefit corporation, nonprofit mutual benefit corporation, or a
limited liability company in which the managing member is a nonprofit
public benefit corporation or a nonprofit mutual benefit
corporation.
   (f) "New schoolsite" means real property acquired by a school
district on and after January 1, 2003, for construction of a new
schoolsite or for expansion of an existing schoolsite.
   (g) "New schoolsite replacement housing" means housing to replace
the residential dwelling units demolished or to be demolished in
connection with a new schoolsite.
   (h) "Persons and families of low income" has the same meaning as
set forth in Section 50093 of the Health and Safety Code.
   (i) "Persons and families of low or moderate income" has the same
meaning as set forth in Section 50093 of the Health and Safety Code.
   (j) "Very low income households" has the same meaning as set forth
in Section 50105 of the Health and Safety Code.
   (k) "Vicinity of a new schoolsite" means the area within the
census tract in which a new schoolsite is located and the areas
within the immediately adjacent census tracts.



35277.5.  For purposes of this article, an extreme shortage of
affordable housing exists if any of the following conditions exist:
   (a) The vacancy rate for rental housing in the jurisdiction in
which the new schoolsite is located is 5 percent or lower.
   (b) The median rent in the Zip Code where the new replacement
housing is located is more than 30 percent of the median income of
the households displaced by the school construction.
   (c) The occupancy rate for 10 percent or more of the dwelling
units within the vicinity of the new schoolsite equals or exceeds 1.5
persons per room, excluding bathrooms, hallways, and porches.



35278.  (a) If a school district or community college district has
acquired a new schoolsite containing residential dwelling units, the
local governing agency, community college district, or eligible
nonprofit corporation may, consistent with this article, acquire real
property for the purpose of new schoolsite replacement housing and
utilize or convey the property according to this article, if all of
the following conditions are met:
   (1) The local governing agency has determined that an extreme
shortage of affordable housing exists in the vicinity of the new
schoolsite.
   (2) The real property to be used for replacement housing is
acquired by the local governing agency, community college district,
or an eligible nonprofit corporation in the vicinity of a new
schoolsite, or in an area designated in the local governing agency's
replacement housing plan adopted pursuant to paragraph (1) of
subdivision (e), within two years of the school district's
acquisition of a possessory right to the new schoolsite.
   (3) The combined area of the real property to be used for
replacement housing acquired by the local governing agency, community
college district, or an eligible nonprofit corporation pursuant to
this article does not include any portion of the new schoolsite and
does not, in acreage, exceed 150 percent of the area acquired by the
school district for the new schoolsite.
   (b) (1) A local governing agency or eligible nonprofit corporation
may rehabilitate, develop, or construct residential facilities on
the property for the purpose of providing new schoolsite replacement
housing as set forth in this article.
   (2) A community college district or eligible nonprofit corporation
may acquire real property for the purpose of new schoolsite
replacement housing only from a willing seller.
   (c) Notwithstanding Article 8 (commencing with Section 54220) of
Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code
or any other provision of law, a local governing agency, community
college district, or eligible nonprofit corporation that has acquired
real property for new schoolsite replacement housing pursuant to
this article may convey the property to an affiliated public agency
for the purpose of providing new schoolsite replacement housing. An
affiliated public agency that has acquired real property pursuant to
this section may rehabilitate, develop, or construct residential
facilities on the property for the purpose of providing new
schoolsite replacement housing in compliance with this article.
   (d) Notwithstanding Article 8 (commencing with Section 54220) of
Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code
or any other provision of law, a local governing agency, community
college district, eligible nonprofit corporation, or an affiliated
public agency, that has acquired real property for new schoolsite
replacement housing pursuant to this article, may sell, lease for no
more than 99 years, jointly develop, exchange, subdivide, transfer,
assign, pledge, encumber by mortgage, deed of trust, or otherwise, or
otherwise dispose of the real property or any interest in that
property, or any portion thereof, for the purpose of providing new
schoolsite replacement housing through the rehabilitation,
development, or construction of residential facilities or combined
residential and commercial facilities on that property.
   (e) (1) Any disposition of real property, pursuant to subdivision
(d), acquired for new schoolsite replacement housing pursuant to this
article shall be in furtherance of a replacement housing plan. The
local governing agency, or community college district shall adopt a
replacement housing plan for disposition of real property pursuant to
this article, which shall meet all of the following requirements:
   (A) The replacement housing plan shall include all of the
following:
   (i) A statement of the general location of housing to be developed
pursuant to this section.
   (ii) A description of the means of financing the development.
   (iii) A finding that the actions to be taken pursuant to the plan
do not require approval of the voters pursuant to Article XXXIV of
the California Constitution, or that the approval has been or will be
obtained.
   (iv) A specification of the number of dwelling units housing
persons and families of low income and persons and families of
moderate income, respectively, that are planned for construction or
rehabilitation.
   (v) Provisions to ensure that persons displaced by the acquisition
of a new schoolsite, and the acquisition of the new schoolsite
replacement housing property pursuant to this article, shall have a
right of first refusal for the purchase or rental of dwelling units
developed in the replacement housing.
   (vi) A description of any facilities for commercial use to be
constructed in combination with the replacement housing.
   (B) The number of dwelling units to be developed on the combined
area of real property acquired pursuant to this article will be equal
to a prescribed percentage, as determined by the local governing
agency, or community college district, but in no event less than the
sum of both of the following:
   (i) Seventy-five percent of the total number of dwelling units
demolished or to be demolished in connection with construction or
expansion of school facilities on the new schoolsite.
   (ii) The total number of dwelling units on the new schoolsite
replacement housing property to be acquired pursuant to this article.
   (C) Unless the local governing agency or community college
district prescribes a greater number pursuant to subparagraph (D),
the number of dwelling units developed on the property acquired for
new schoolsite replacement housing pursuant to this article that are
available at affordable housing costs or affordable rents shall be
greater than, or equal to, the lesser of either of the following:
   (i) A number equal to 50 percent of the dwelling units developed
on the property acquired for new schoolsite replacement housing
pursuant to this article.
   (ii) The number of households of persons and families of low, or
moderate, income displaced by the acquisition of the new schoolsite
property and by the acquisition of the property for new schoolsite
replacement housing pursuant to this article.
   (D) A local governing agency, community college district, or
eligible nonprofit corporation may require that all or any portion of
the dwelling units, in addition to those required under subparagraph
(C), be available at affordable housing cost or affordable rent to
persons and families in lower income categories, including, persons
and families of low income, very low income, or extremely low income.
This section does not prohibit a local governing agency, community
college district, or eligible nonprofit corporation from
participating financially or otherwise to enable any housing
developed pursuant to this article to serve households of lower
income if the need for that housing is identified in, and consistent
with, the replacement housing plan.
   (2) For a reasonable period of time prior to adopting the
replacement housing plan, the agency or community college district
shall make available a draft of the proposed plan for review and
comment by public agencies and the general public.



35278.5.  This article does not require a local governing agency to
acquire real property, develop replacement housing, or perform any
other act pursuant to this article. A local governing agency may, at
its option, take action pursuant to this article.