(a) The department may make available for lease airspace or real property for the purposes described in this section if it determines that the airspace or real property is available for rent and that the airspace or real property has independent site access separate from an access-controlled highway or highway structure. The department may offer the airspace or real property for lease to a local or state agency for the purpose of conducting a temporary emergency shelter or feeding program. As a condition of entering into the lease, the lessee shall agree that, during the period of the lease, the airspace or real property and its improvements shall not be used as childcare facilities and that no playground equipment shall be permitted under the lease. Any existing lease of airspace or real property between the department and a local or state agency may be terminated without penalty at any time, upon mutual agreement of both the department and the lessee, for the purpose of entering into a new lease pursuant to this section. (b) The determination of availability and identification of specific parcels of airspace or real property eligible for lease under this section shall be made by the department in its sole discretion. (c) All structures that are constructed or modified under this section shall be compliant with the minimum standards adopted pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1 of Title 2 of the Government Code or the minimum standards provided in the 2019 California Building Code Appendix O, the 2019 California Residential Code Appendix X, and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities. (d) Notwithstanding any other law, for any leases executed pursuant to this section or any other section by the department for the purpose of conducting a temporary emergency shelter or feeding program, the enforcement of applicable building standards adopted pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1 of Title 2 of the Government Code or published in the California Building Code and the California Residential Code, including those relating to fire and panic safety, and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities, shall be the responsibility of the local authority in which the property subject to the lease is located and that has jurisdiction over the enforcement of building code standards. (e) Any improvements to the leased property shall meet the following conditions: (1) No improvements of a permanent nature are allowed, except for appropriate utilities, groundcover, lighting, and fencing to support the temporary emergency shelter or feeding program as approved by the department. (2) Any improvements of a temporary nature in which people live, eat, recreate, receive services, or otherwise occupy shall not be underneath a transportation structure, and shall not be within 20 horizontal feet from the farthest edge of a transportation structure. (f) (1) The monthly rent of a lease entered into pursuant to this section shall be one dollar ($1) per month. The lessee may pay the rental amounts due for the entire term of the lease in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. (2) To cover the departmentâs costs, the lease shall require the lessee to pay an annual administrative fee of up to five thousand dollars ($5,000), unless the department determines that a higher administrative fee is necessary to cover the departmentâs costs, in which case the annual administrative fee shall be no more than the amount of those costs, not to exceed fifteen thousand dollars ($15,000). (3) (A) If the department determines at any time after the commencement of the lease that the leased property is needed for departmental
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