Article 9.5Schoolsite Replacement Housing

Section § 35277

Explanation

This part of the law defines key terms related to affordable housing, income levels, and schoolsite development. It specifies what 'affordable housing cost' and 'affordable rent' mean for low or moderate-income groups as per the Health and Safety Code. It explains who qualifies as an extremely low, very low, or low-income household. The law also defines terms such as 'new schoolsite', referring to properties acquired for schools since 2003, and 'new schoolsite replacement housing', which is the housing replacing units demolished for these new schoolsites. Additionally, 'local governing agency' identifies the city or county where the school is located, and 'eligible nonprofit corporation' describes certain types of nonprofit organizations involved.

For purposes of this article the following terms have the following meanings:
(a)CA Education Code § 35277(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)CA Education Code § 35277(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)CA Education Code § 35277(c) “Extremely low income households” has the same meaning as set forth in Section 50106 of the Health and Safety Code.
(d)CA Education Code § 35277(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)CA Education Code § 35277(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)CA Education Code § 35277(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)CA Education Code § 35277(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)CA Education Code § 35277(h) “Persons and families of low income” has the same meaning as set forth in Section 50093 of the Health and Safety Code.
(i)CA Education Code § 35277(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)CA Education Code § 35277(j) “Very low income households” has the same meaning as set forth in Section 50105 of the Health and Safety Code.
(k)CA Education Code § 35277(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.
affordable housing cost affordable rent extremely low income households local governing agency eligible nonprofit corporation new schoolsite new schoolsite replacement housing low income moderate income very low income households vicinity of a new schoolsite Health and Safety Code census tract school district housing demolition
(Amended by Stats. 2004, Ch. 495, Sec. 1. Effective January 1, 2005.)

Section § 35277.5

Explanation

This statute describes what qualifies as an extreme shortage of affordable housing when selecting a new school site. It applies if any of these conditions are met: the rental vacancy rate is 5% or lower; the median rent is more than 30% of the displaced households' median income; or a significant percentage of nearby housing has more than 1.5 people per room, excluding certain areas like bathrooms.

For purposes of this article, an extreme shortage of affordable housing exists if any of the following conditions exist:
(a)CA Education Code § 35277.5(a) The vacancy rate for rental housing in the jurisdiction in which the new schoolsite is located is 5 percent or lower.
(b)CA Education Code § 35277.5(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)CA Education Code § 35277.5(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.
extreme shortage affordable housing new schoolsite rental vacancy rate median rent displaced households median income housing occupancy 1.5 persons per room vicinity housing conditions
(Added by Stats. 2003, Ch. 574, Sec. 2. Effective January 1, 2004.)

Section § 35278

Explanation

This law allows a school district or community college district to acquire extra land to build new homes if they buy a new school site that includes existing homes. The law is designed to ensure there's enough affordable housing in the area by letting districts or nonprofit groups buy extra land near the new school to build replacement homes. They can then develop, sell, or lease these homes, but there are restrictions on how the land and homes can be used and managed. For example, new developments must include a certain amount of affordable housing, and the community has a chance to review plans before they are finalized.

(a)CA Education Code § 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)CA Education Code § 35278(a)(1) The local governing agency has determined that an extreme shortage of affordable housing exists in the vicinity of the new schoolsite.
(2)CA Education Code § 35278(a)(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)CA Education Code § 35278(a)(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)Copy CA Education Code § 35278(b)
(1)Copy CA Education Code § 35278(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)CA Education Code § 35278(b)(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)CA Education Code § 35278(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)CA Education Code § 35278(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)Copy CA Education Code § 35278(e)
(1)Copy CA Education Code § 35278(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)CA Education Code § 35278(e)(1)(A) The replacement housing plan shall include all of the following:
(i)CA Education Code § 35278(e)(1)(A)(i) A statement of the general location of housing to be developed pursuant to this section.
(ii)CA Education Code § 35278(e)(1)(A)(ii) A description of the means of financing the development.
(iii)CA Education Code § 35278(e)(1)(A)(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)CA Education Code § 35278(e)(1)(A)(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)CA Education Code § 35278(e)(1)(A)(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)CA Education Code § 35278(e)(1)(A)(vi) A description of any facilities for commercial use to be constructed in combination with the replacement housing.
(B)CA Education Code § 35278(e)(1)(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)CA Education Code § 35278(e)(1)(B)(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)CA Education Code § 35278(e)(1)(B)(ii) The total number of dwelling units on the new schoolsite replacement housing property to be acquired pursuant to this article.
(C)CA Education Code § 35278(e)(1)(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)CA Education Code § 35278(e)(1)(C)(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)CA Education Code § 35278(e)(1)(C)(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)CA Education Code § 35278(e)(1)(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)CA Education Code § 35278(e)(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.
new schoolsite replacement housing affordable housing shortage residential facilities construction replacement housing plan possession acquisition timeline rehabilitation and development willing seller property acquisition affiliated public agency first refusal for displaced residents commercial facilities with housing dwelling unit percentage requirements low and moderate income households affordable housing cost household displacement public review of housing plan
(Amended by Stats. 2004, Ch. 495, Sec. 2. Effective January 1, 2005.)

Section § 35278.5

Explanation

This law says that local governing agencies aren’t obligated to buy land, build new housing, or do anything specific under this regulation. However, they can choose to do these things if they want to.

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.
local governing agency acquire real property replacement housing optional actions real estate development local choice property acquisition housing development real property option governing body discretion
(Added by Stats. 2003, Ch. 574, Sec. 2. Effective January 1, 2004.)