SECTIONS 51250-51252 - California Statutes

HEALTH AND SAFETY CODE

SECTION 51250-51252

51250. The agency may, in connection with a housing development,
arrange or contract with a local public entity (1) for the planning,
replanning, opening, grading, or closing of streets, roads, roadways,
alleys or other places, (2) for the furnishing of utilities or any
community, municipal or public facilities or services, (3) for the
acquisition by a local public entity of property or property rights,
or (4) for the furnishing of property or services. Any local public
entity may, upon finding that a public purpose is served thereby,
enter into such contractual agreements with the agency and do all
things necessary to carry out its obligations.

51251. Notwithstanding any other provision of law, the Department
of General Services, any other state agency or officer authorized by
law to convey real property of the state, and any local public entity
may, in his or her or its discretion, from time to time sell, lease
for a term not exceeding 99 years, grant, or convey to the agency or
to a housing sponsor designated by the agency any real property and
appurtenances thereto or any interest therein owned by the state or
local public entity which the agency shall certify as necessary for
its purposes. The certification of need shall be evidenced by a
formal request from the executive director of the agency. Any sale,
lease, grant, or conveyance pursuant to this section shall be made
with or without consideration and upon terms and conditions which may
be mutually agreed upon by the state or local public entity and the
agency. However, before any sale, lease, grant, or conveyance
pursuant to this section is made at less than fair market value, the
agency shall make a finding that the difference between the
consideration required and fair market value will inure primarily to
the benefit of persons and families of low or moderate income living
in a housing development or a residential structure.

51252. (a) Upon application to the department, any city, county,
city and county, or combination thereof acting jointly, or the duly
constituted governing body of an Indian reservation or rancheria
shall be certified as a local housing agency by the department if the
department determines that the applicant meets the criteria
specified in subdivision (b). If a local housing agency consists of
more than one city, county, or city and county, each such entity
shall individually meet the criteria of subdivision (b). All
applications of prospective housing sponsors for loans or grants
authorized by this part for housing developments shall be reviewed by
the local housing agent, if any, for the area in which the housing
development is to be financed. The local housing agent shall approve
an application for a loan or grant for a housing development unless
it expressly finds that the application does not meet one or more of
the following criteria:
(1) The proposed housing development conforms with a housing
element that meets the requirements of subdivision (b).
(2) The proposed housing development is consistent with the
provision of a full range of housing opportunities within the
jurisdiction of the local housing agent.
(3) The proposed housing development would be in compliance with
applicable federal, state, and local laws, including laws prohibiting
discrimination in housing.
An application shall be deemed approved if the local housing agent
fails to approve or reject it within 40 days following the date of
submission.
(b) A local housing agent shall meet all of the following
criteria:
(1) The local housing agent shall have adopted a housing element,
as required by subdivision (c) of Section 65302 of the Government
Code, and an affirmative housing plan, if required by Section 65008
of the Government Code. The housing element shall not conflict with
any housing assistance plan submitted to the federal government as
part of an application to obtain funds for community development or
housing.
(2) The housing element of the local agency shall make adequate
provision for all economic and racial segments of the community in
new and rehabilitated housing throughout its jurisdiction.
(3) The local housing agent shall develop or specify a procedure,
which shall be identified in its application to the agency, to
expedite the processing of zoning changes, use permits, building
permits, environmental clearance, and any other type of permit,
approval, or clearance which may be required by the city, county, or
city and county or by any other local public entity or governmental
agency prior to construction or rehabilitation of a housing
development.
(c) No housing development shall be assisted by a loan authorized
by this part, unless the housing development has received the
approval of both the local housing agent and the agency. This
subdivision shall not be applicable to housing developments proposed
for areas in which there is no local housing agent.
(d) A local housing agent may delegate the function specified in
this section to any local public entity, with the approval of the
agency.
(e) At any time a local housing agent ceases to meet the criteria
specified in subdivision (b), the department may decertify the local
housing agent. Certification of the local housing agent shall be
reviewed annually by the department. Recertification shall not be
granted if the department finds that, during the preceding year, the
local housing agent has unreasonably denied approval of applications
or has ceased to perform its functions under subdivision (a).