SENATE BILL No. 4
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthors: Senators Eggman and Gonzalez)
(Coauthors: Assembly Members Gabriel, McKinnor, and Ward) December 5, 2022
An act to add Section 65913.16 to the Government Code, relating to housing.
legislative counsel’s digest
SB 4, as introduced, Wiener. Planning and zoning: housing development: higher education institutions and religious institutions.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards.
Existing law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development.
Existing law requires the committee to allocate state low-income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low-income housing tax credits.
This bill would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent
99 institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
The bill would define various terms for these purposes. Among other things, the bill would require that 100% of the units, exclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower income households, except that 20% of the units may be for moderate-income households, provided that all of the units are provided at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee, or affordable housing cost, as specified. The bill would authorize the development to include ancillary uses on the ground floor of the development, as specified.
This bill would specify that a housing development project that is eligible for approval as a use by right under the bill is also eligible for a density bonus or other incentives or concessions, except as specified.
The bill would require a development subject to these provisions to provide off-street parking of up to one space per unit, unless a local ordinance provides for a lower standard of parking, in which case the ordinance applies. The bill would prohibit a local government from imposing any parking requirement on a development subject to these provisions if the development is located within one-half mile walking distance of a high-quality transit corridor or major transit stop, as those terms are defined, and within one block of a car share vehicle.
This bill would require a local government that determines a proposed development is in conflict with any objective planning standards, as specified, to provide the developer with written documentation explaining those conflicts under a specified timeframe. The bill would require a local government to approve a development if the local government fails to provide the requisite documentation explaining any conflicts. The bill would authorize a local government to conduct a design review, as described, only if the design review focuses on compliance with the requisite criteria of a streamlined, ministerial review process. The bill would prohibit a local government from using a design review, as specified, from inhibiting, chilling, or precluding a streamlined, ministerial approval. The bill would require a local government to issue a subsequent permit for developments approved under the provisions of this act.
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The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the ministerial approval of projects.
This bill, by requiring approval of certain development projects as a use by right, would expand the exemption for ministerial approval of projects under CEQA.
By adding to the duties of local planning officials with respect to approving certain development projects, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65913.16 is added to the Government line 2 Code, to read:
line 3 65913.16. (a) For purposes of this section:
line 4 (1) “Applicant” means a qualified developer who submits an line 5 application for streamlined approval pursuant to this section. line 6 (2) “Independent institution of higher education” has the same line 7 meaning as defined in Section 66010 of the Education Code. line 8 (3) “Local government” means a city, county, or city and county, line 9 whether general law or chartered.
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line 1 (4) “Qualified developer” means any of the following:
line 2 (A) A local public entity, as defined in Section 50079 of the line 3 Health and Safety Code.
line 4 (B) (i) A developer that is a nonprofit corporation, a limited line 5 partnership in which the managing general partner is a nonprofit line 6 corporation, or a limited liability company in which the managing line 7 member is a nonprofit corporation.
line 8 (ii) The developer, at the time of submission of an application line 9 for development pursuant to this section, owns or manages housing line 10 units located on property that is exempt from taxation pursuant to line 11 the welfare exemption established in subdivision (a) of Section line 12 214 of the Revenue and Taxation Code.
line 13 (C) A developer that contracts with a nonprofit corporation that line 14 has received a welfare exemption under Section 214.15 of the line 15 Revenue and Taxation Code for properties intended to be sold to line 16 low-income families with financing in the form of zero interest line 17 rate loans.
line 18 (5) “Religious institution” means an institution owned, line 19 controlled, and operated and maintained by a bona fide church, line 20 religious denomination, or religious organization composed of line 21 multidenominational members of the same well-recognized line 22 religion, lawfully operating as a nonprofit religious corporation line 23 pursuant to Part 4 (commencing with Section 9110) of Division 2 line 24 of Title 1 of the Corporations Code.
line 25 (6) “Use by right” means that the local government’s review of line 26 the development project under this section may not require a line 27 conditional use permit, planned unit development permit, or other line 28 discretionary local government review or approval that would line 29 constitute a “project” for purposes of Division 13 (commencing line 30 with Section 21000) of the Public Resources Code. Any subdivision line 31 of the sites shall be subject to all laws, including, but not limited line 32 to, the local government ordinance implementing the Subdivision line 33 Map Act (Division 2 (commencing with Section 66410)). line 34 (b) Notwithstanding any inconsistent provision of a local line 35 government’s general plan, specific plan, zoning ordinance, or line 36 regulation, upon the request of an applicant, a housing development line 37 project shall be a use by right, if all of the following criteria are line 38 satisfied:
line 39 (1) The development is located on land owned on or before line 40 January 1, 2024, by an independent institution of higher education 99 SB 4 — 4 —
line 1 or a religious institution, including ownership through an affiliated line 2 nonprofit public benefit corporation organized pursuant to the line 3 Nonprofit Corporation Law (Part 2 (commencing with Section line 4 5110) of Division 2 of Title 1 of the Corporations Code). line 5 (2) The development is located on a parcel that satisfies the line 6 requirements specified in subparagraphs (A) and (B) of paragraph line 7 (2) of subdivision (a) of Section 65913.4.
line 8 (3) The development is located on a parcel that satisfies the line 9 requirements specified in subparagraphs (B) to (K), inclusive, of line 10 paragraph (6) of subdivision (a) of Section 65913.4. line 11 (4) The development is located on a parcel that satisfies the line 12 requirements specified in paragraph (7) of subdivision (a) of line 13 Section 65913.4.
line 14 (5) The development is not adjoined to any site where more line 15 than one-third of the square footage on the site is dedicated to line 16 industrial use. For purposes of this subdivision, parcels separated line 17 by only a street or highway shall be considered to be adjoined. line 18 (6) The development project is located on a site that is line 19 one-quarter acre in size or greater.
line 20 (7) One hundred percent of the development project’s total units, line 21 exclusive of a manager’s unit or units, are for lower income line 22 households, as defined by Section 50079.5 of the Health and Safety line 23 Code, except that up to 20 percent of the total units in the line 24 development may be for moderate-income households, as defined line 25 in Section 50053 of the Health and Safety Code. Units in the line 26 development shall be offered at affordable housing cost, as defined line 27 in Section 50052.5 of the Health and Safety Code, or at affordable line 28 rent, as set in an amount consistent with the rent limits established line 29 by the California Tax Credit Allocation Committee. The rent or line 30 sales price for a moderate-income unit shall also be at least 20 line 31 percent below the market rate for a unit of similar size and bedroom line 32 count in the same ZIP Code in the city, county, or city and county line 33 in which the housing development is located. The applicant shall line 34 provide the city, county, or city and county with evidence to line 35 establish that the units meet the requirements of this paragraph. line 36 All units, exclusive of any manager unit or units, shall be subject line 37 to a recorded deed restriction as provided in this paragraph for at line 38 least the following periods of time:
line 39 (A) Fifty-five years for units that are rented. However, the local line 40 government may require that the rental units in the housing 99 — 5 — SB 4
line 1 development project be restricted to lower income and line 2 moderate-income households for a longer period of time if that line 3 restriction is consistent with all applicable regulatory requirements line 4 for state assistance.
line 5 (B) Forty-five years for units that are owner occupied. However, line 6 the local government may require that owner-occupied units in line 7 the housing development project be restricted to lower income and line 8 moderate-income households for a longer period of time if that line 9 restriction is consistent with all applicable regulatory requirements line 10 for state assistance.
line 11 (8) The development project complies with all objective line 12 development standards of the city or county that are not in conflict line 13 with this section.
line 14 (9) If the housing development project requires the demolition line 15 of existing residential dwelling units, the applicant shall comply line 16 with subdivision (d) of Section 66300, as that section read as of line 17 January 1, 2024.
line 18 (10) The applicant certifies to the local government that either line 19 of the following is true for the housing development project, as line 20 applicable:
line 21 (A) The entirety of the development project is a public work line 22 for purposes of Chapter 1 (commencing with Section 1720) of Part line 23 7 of Division 2 of the Labor Code.
line 24 (B) A development that contains more than 10 units and is not line 25 in its entirety a public work for purposes of Chapter 1 (commencing line 26 with Section 1720) of Part 7 of Division 2 of the Labor Code and line 27 approved by a local government pursuant to Article 2 (commencing line 28 with Section 65912.110) of, or Article 3 (commencing with Section line 29 65912.120) of, Chapter 4.1 shall be subject to all of the following:
line 30 (i) All construction workers employed in the execution of the line 31 development shall be paid at least the general prevailing rate of line 32 per diem wages for the type of work and geographic area, as line 33 determined by the Director of Industrial Relations pursuant to line 34 Sections 1773 and 1773.9 of the Labor Code, except that line 35 apprentices registered in programs provided by the Chief of the line 36 Division of Apprenticeship Standards may be paid at least the line 37 applicable apprentice prevailing rate.
line 38 (ii) The development proponent shall ensure that the prevailing line 39 wage requirement is included in all contracts for the performance 99 SB 4 — 6 —
line 1 of the work for those portions of the development that are not a line 2 public work.
line 3 (iii) All contractors and subcontractors for those portions of the line 4 development that are not a public work shall comply with both of line 5 the following:
line 6 (I) Pay to all construction workers employed in the execution line 7 of the work at least the general prevailing rate of per diem wages, line 8 except that apprentices registered in the programs approved by the line 9 Chief of the Division of Apprenticeship Standards may be paid at line 10 least the applicable apprentice prevailing rate. line 11 (II) Maintain and verify payroll records pursuant to Section line 12 1776 of the Labor Code and make those records available for line 13 inspection and copying as provided in that section. This line 14 subparagraph does not apply if all contractors and subcontractors line 15 performing work on the development are subject to a project labor line 16 agreement that requires the payment of prevailing wages to all line 17 construction workers employed in the execution of the development line 18 and provides for enforcement of that obligation through an line 19 arbitration procedure. For purposes of this subparagraph, “project line 20 labor agreement” has the same meaning as set forth in paragraph line 21 (1) of subdivision (b) of Section 2500 of the Public Contract Code. line 22 (c) (1) The obligation of the contractors and subcontractors to line 23 pay prevailing wages pursuant to this section may be enforced by line 24 any of the following:
line 25 (A) The Labor Commissioner, through the issuance of a civil line 26 wage and penalty assessment pursuant to Section 1741 of the Labor line 27 Code, that may be reviewed pursuant to Section 1742 of the Labor line 28 Code, within 18 months after the completion of the development. line 29 (B) An underpaid worker through an administrative complaint line 30 or civil action.
line 31 (C) A joint labor-management committee through a civil action line 32 pursuant to Section 1771.2 of the Labor Code.
line 33 (2) If a civil wage and penalty assessment is issued pursuant to line 34 this section, the contractor, subcontractor, and surety on a bond or line 35 bonds issued to secure the payment of wages covered by the line 36 assessment shall be liable for liquidated damages pursuant to line 37 Section 1742.1 of the Labor Code.
line 38 (3) This subdivision does not apply if all contractors and line 39 subcontractors performing work on the development are subject line 40 to a project labor agreement that requires the payment of prevailing 99 — 7 — SB 4
line 1 wages to all construction workers employed in the execution of line 2 the development and provides for enforcement of that obligation line 3 through an arbitration procedure. For purposes of this subdivision, line 4 “project labor agreement” has the same meaning as set forth in line 5 paragraph (1) of subdivision (b) of Section 2500 of the Public line 6 Contract Code.
line 7 (d) Notwithstanding subdivision (c) of Section 1773.1 of the line 8 Labor Code, the requirement that employer payments not reduce line 9 the obligation to pay the hourly straight time or overtime wages line 10 found to be prevailing does not apply to those portions of a line 11 development that are not a public work if otherwise provided in a line 12 bona fide collective bargaining agreement covering the worker. line 13 (e) The requirement of this section to pay at least the general line 14 prevailing rate of per diem wages does not preclude use of an line 15 alternative workweek schedule adopted pursuant to Section 511 line 16 or 514 of the Labor Code.
line 17 (f) In addition to the requirements of Section 65912.130, a line 18 development of 50 or more housing units approved by a local line 19 government pursuant to Article 2 (commencing with Section line 20 65912.110) of, or Article 3 (commencing with Section 65912.120) line 21 of, Chapter 4.1 shall meet all of the following labor standards:
line 22 (1) The development proponent shall require in contracts with line 23 construction contractors and shall certify to the local government line 24 that each contractor of any tier who will employ construction craft line 25 employees or will let each subcontracts for at least 1,000 hours line 26 shall satisfy the requirements in paragraphs (2) and (3). A line 27 construction contractor is deemed in compliance with paragraphs line 28 (2) and (3) if it is signatory to a valid collective bargaining line 29 agreement that requires use of registered apprentices and line 30 expenditures on health care for employees and dependents. line 31 (2) A contractor with construction craft employees shall either line 32 participate in an apprenticeship program approved by the Division line 33 of Apprenticeship Standards pursuant to Section 3075 of the Labor line 34 Code, or request the dispatch of apprentices from a state-approved line 35 apprenticeship program under the terms and conditions set forth line 36 in Section 1777.5 of the Labor Code. A contractor without line 37 construction craft employees shall show a contractual obligation line 38 that its subcontractors comply with this subdivision. line 39 (3) Each contractor with construction craft employees shall line 40 make health care expenditures for each employee in an amount 99 SB 4 — 8 —
line 1 per hour worked on the development equivalent to at least the line 2 hourly pro rata cost of a Covered California Platinum-level plan line 3 for two 40 years of age and two dependents 0 to 14 years of age line 4 for the Covered California rating area in which the development line 5 is located. A contractor without craft employees shall show a line 6 contractual obligation that its subcontractors comply with this line 7 subdivision. Qualifying expenditures shall be credited toward line 8 compliance with prevailing wage payment requirements set forth line 9 in Section 65912.130.
line 10 (4) (A) The development proponent shall provide to the local line 11 government, on a monthly basis while its construction contracts line 12 on the development are being performed, a report demonstrating line 13 compliance with paragraphs (2) and (3). The report shall be line 14 considered public records under the California Public Records Act line 15 (Division 10 (commending with Section 7920.000) of Title 1), and line 16 shall be open to public inspection.
line 17 (B) A development proponent that fails to provide the monthly line 18 report shall be subject to a civil penalty for each month for which line 19 the report has not been provided, in the amount of 10 percent of line 20 the dollar value of construction work performed by that contractor line 21 on the development in the month in question, up to a maximum line 22 of ten thousand dollars ($10,000). Any contractor or subcontractor line 23 that fails to comply with paragraph (2) or (3) shall be subject to a line 24 civil penalty of two hundred dollars ($200) per day for each worker line 25 employed in contravention of paragraph (2) or (3). line 26 (C) Penalties may be assessed by the Labor Commissioner line 27 within 18 months of completion of the development using the line 28 procedures for issuance of civil wage and penalty assessments line 29 specified in Section 1741 of the Labor Code, and may be reviewed line 30 pursuant to Section 1742 of the Labor Code. Penalties shall be line 31 deposited in the State Public Works Enforcement Fund established line 32 pursuant to Section 1771.3 of the Labor Code.
line 33 (5) Each construction contractor shall maintain and verify line 34 payroll records pursuant to Section 1776 of the Labor Code. Each line 35 construction contractor shall submit payroll records directly to the line 36 Labor Commissioner at least monthly in a format prescribed by line 37 the Labor Commissioner in accordance with subparagraph (A) of line 38 paragraph (3) of subdivision (a) of Section 1771.4 of the Labor line 39 Code. The records shall include a statement of fringe benefits. line 40 Upon request by a joint labor-management cooperation committee 99 — 9 — SB 4
line 1 established pursuant to the federal Labor Management Cooperation line 2 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided line 3 pursuant to subdivision (e) of Section 1776 of the Labor Code. line 4 (6) All construction contractors shall report any change in line 5 apprenticeship program participation or health care expenditures line 6 to the local government within 10 business days, and shall reflect line 7 those changes on the monthly report. The reports shall be line 8 considered public records pursuant to the California Public Records line 9 Act (Division 10 (commencing with Section 7920.000 of Title 1)) line 10 and shall be open to public inspection.
line 11 (7) A joint labor-management cooperation committee established line 12 pursuant to the federal Labor Management Cooperation Act of line 13 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a line 14 construction contractor for failure to make health care expenditures line 15 pursuant to subdivision (c) in accordance with Section 218.7 or line 16 218.8 of the Labor Code.
line 17 (g) Notwithstanding any other provision of this section, a line 18 development project that is eligible for approval as a use by right line 19 pursuant to this section may include the following ancillary uses, line 20 provided that those uses are limited to the ground floor of the line 21 development:
line 22 (1) In a single-family residential zone, ancillary uses shall be line 23 limited to uses that provide direct services to the residents of the line 24 development and have a community benefit, including childcare line 25 centers and community centers.
line 26 (2) In all other zones, the development may include commercial line 27 uses that are permitted without a conditional use permit or planned line 28 unit development permit.
line 29 (h) A housing development project that qualifies as a use by line 30 right pursuant to subdivision (b) shall be allowed the following line 31 density, as applicable:
line 32 (1) (A) If the development project is located in a zone that line 33 allows residential uses, the development project shall be allowed line 34 a density of the applicable density deemed appropriate to line 35 accommodate housing for lower income households identified in line 36 subparagraph (B) of paragraph (3) of subdivision (c) of Section line 37 65583.2.
line 38 (B) If the local government allows for greater residential density line 39 on that parcel, or greater residential density or building heights on 99 SB 4 — 10 —
line 1 an adjacent parcel, than permitted in subparagraph (A), the greater line 2 density or building height shall apply.
line 3 (C) A housing development project that is located in a zone that line 4 allows residential uses shall be eligible for a density bonus or other line 5 incentives or concession pursuant to Section 65915. line 6 (2) (A) If the development project is located in a zone that does line 7 not allow residential uses, the development project shall be allowed line 8 a density of 40 units per acre and a height of one story above the line 9 maximum height otherwise applicable to the parcel. line 10 (B) If the local government allows for greater residential density line 11 or building heights on that parcel, or an adjacent parcel, than line 12 permitted in subparagraph (A), the greater density or building line 13 height shall apply. A development project shall not use an line 14 incentive, waiver, or concession to increase the height of the line 15 development to greater than the height authorized under this line 16 subparagraph.
line 17 (C) Except as provided in subparagraph (B) a housing line 18 development project that is located in a zone that does not allow line 19 residential uses shall be eligible for a density bonus or other line 20 incentives or concession pursuant to Section 65915. line 21 (i) (1) Except as provided in paragraph (2), the proposed line 22 development shall provide off-street parking of up to one space line 23 per unit, unless a local ordinance provides for a lower standard of line 24 parking, in which case the ordinance shall apply. line 25 (2) A local government shall not impose a parking requirement line 26 if either of the following is true:
line 27 (A) The parcel is located within one-half mile walking distance line 28 of public transit, either a high-quality transit corridor as defined line 29 in subdivision (b) of Section 21155 of the Public Resources Code line 30 or a major transit stop as defined in Section 21064.3 of the Public line 31 Resources Code.
line 32 (B) There is a car share vehicle located within one block of the line 33 parcel.
line 34 (j) (1) If the local government determines that the proposed line 35 development is in conflict with any of the objective planning line 36 standards specified in this section, it shall provide the development line 37 proponent written documentation of which standard or standards line 38 the development conflicts with, and an explanation for the reason line 39 or reasons the development conflicts with that standard or line 40 standards, within the following timeframes:
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line 1 (A) Within 60 days of submittal of the development proposal line 2 to the local government if the development contains 150 or fewer line 3 housing units.
line 4 (B) Within 90 days of submittal of the development proposal line 5 to the local government if the development contains more than line 6 150 housing units.
line 7 (2) If the local government fails to provide the required line 8 documentation pursuant to paragraph (1), the development shall line 9 be deemed to satisfy the required objective planning standards. line 10 (3) For purposes of this section, a development is consistent line 11 with the objective planning standards if there is substantial line 12 evidence that would allow a reasonable person to conclude that line 13 the development is consistent with the objective planning standards. line 14 (4) The determination of whether a proposed project submitted line 15 pursuant to this section is or is not in conflict with the objective line 16 planning standards is not a “project” as defined in Section 21065 line 17 of the Public Resources Code.
line 18 (5) Design review of the development may be conducted by the line 19 local government’s planning commission or any equivalent board line 20 or commission responsible for review and approval of development line 21 projects, or the city council or board of supervisors, as appropriate. line 22 That design review shall be objective and be strictly focused on line 23 assessing compliance with criteria required for streamlined, line 24 ministerial review of projects, as well as any reasonable objective line 25 design standards published and adopted by ordinance or resolution line 26 by a local jurisdiction before submittal of the development to the line 27 local government, and shall be broadly applicable to developments line 28 within the jurisdiction. That design review shall be completed as line 29 follows and shall not in any way inhibit, chill, or preclude the line 30 ministerial approval provided by this section or its effect, as line 31 applicable:
line 32 (A) Within 90 days of submittal of the development proposal line 33 to the local government pursuant to this section if the development line 34 contains 150 or fewer housing units.
line 35 (B) Within 180 days of submittal of the development proposal line 36 to the local government pursuant to this section if the development line 37 contains more than 150 housing units.
line 38 (6) The local government shall ensure that the project satisfies line 39 the requirements specified in subdivision (d) of Section 66300, 99 SB 4 — 12 —
line 1 regardless of whether the development is within or not within an line 2 affected city or within or not within an affected county. line 3 (7) If the development is consistent with all objective line 4 subdivision standards in the local subdivision ordinance, an line 5 application for a subdivision pursuant to the Subdivision Map Act line 6 (Division 2 (commencing with Section 66410)) shall be exempt line 7 from the requirements of the California Environmental Quality line 8 Act (Division 13 (commencing with Section 21000) of the Public line 9 Resources Code).
line 10 (8) A local government’s approval of a development pursuant line 11 to this section shall, notwithstanding any other law, be subject to line 12 the expiration timeframes specified in subdivision (f) of Section line 13 65913.4.
line 14 (9) Any proposed modifications to a development project line 15 approved pursuant to this section shall be undertaken pursuant to line 16 subdivision (g) of Section 65913.4.
line 17 (10) A local government shall not adopt or impose any line 18 requirement, including, but not limited to, increased fees or line 19 inclusionary housing requirements, that applies to a project solely line 20 or partially on the basis that the project is eligible to receive line 21 streamlined, ministerial review pursuant to this section. line 22 (11) A local government shall issue a subsequent permit required line 23 for a development approved under this section pursuant to line 24 paragraph (2) of subdivision (h) of Section 65913.4. line 25 (12) A public improvement that is necessary to implement a line 26 development that is approved pursuant to this section shall be line 27 undertaken pursuant to paragraph (3) of subdivision (h) of Section line 28 65913.4.
line 29 (k) The Legislature finds and declares that ensuring residential line 30 development at greater density on land owned by independent line 31 institutions of higher education and religious institutions is a matter line 32 of statewide concern and is not a municipal affair as that term is line 33 used in Section 5 of Article XI of the California Constitution. line 34 Therefore, this section applies to all cities, including charter cities. line 35 SEC. 2. No reimbursement is required by this act pursuant to line 36 Section 6 of Article XIIIB of the California Constitution because line 37 a local agency or school district has the authority to levy service line 38 charges, fees, or assessments sufficient to pay for the program or 99 — 13 — SB 4
line 1 level of service mandated by this act, within the meaning of Section line 2 17556 of the Government Code.
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