California Code, Streets and Highways Code - SHC § 104.26

(a)(1) Any airspace under a freeway, or real property acquired for highway purposes, in the City of Los Angeles, that is not excess property, may be offered for lease on a right of first refusal by the department to the city, or to a political subdivision of the city, for purposes of an emergency shelter or feeding program, for purposes of a secure vehicle lot program, or for any combination of these purposes.

(2) For up to 25 parcels, the lease amount for emergency shelter or feeding programs or secure vehicle lot programs shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department's cost of administering the lease.

(3) The Legislature finds and declares that the lease of real property pursuant to this subdivision serves a public purpose.

(b)(1) Any airspace under a freeway, or real property acquired for highway purposes, in the City of San Jose, that is not excess property, may be offered for lease on a right of first refusal by the department to the city, or to a political subdivision of the city, for purposes of an emergency shelter or feeding program.

(2) For up to 10 parcels, the lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department's cost of administering the lease.

(3) The Legislature finds and declares that the lease of real property pursuant to this subdivision serves a public purpose.

(1) It shall be uninhabited.

(2) Prior to storage in a secure vehicle lot program, it shall be assessed for safe storage, as defined by the department and in consultation with the City of Los Angeles.

(3) It shall not contain hazardous material, as defined in Section 25501 of the Health and Safety Code, unless otherwise specified in the terms of the lease entered into between the City of Los Angeles and the department.