California Legislature—2013–14 Regular Session

Assembly BillNo. 1359


Introduced by Assembly Member Roger Hernández

February 22, 2013


An act to amend Section 66477 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 1359, as introduced, Roger Hernández. Quimby Act: use of fees.

The Quimby Act, which is within the Subdivision Map Act, authorizes the legislative body of a city or county to require the dedication of land or impose fees for park or recreational purposes as a condition to the approval of a tentative or parcel subdivision map if specified requirements are met. One of these requirements is that the dedicated land or fees, or combination thereof, shall be used only for the purposes of developing new, or rehabilitating existing, neighborhood or community park or recreational facilities to serve the subdivision. The act provides that the dedication of land, or the payment of fees, or both, shall not exceed the proportionate amount necessary to provide 3 acres of park area per 1,000 persons residing within a subdivision subject to the act, except as specified.

This bill would authorize fees paid pursuant to the act to also be used for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision or subdivisions in the city or county with the greatest need, as defined. The bill would require the legislative body to hold a public hearing before using fees as prescribed in the bill. This bill also would authorize the use of joint or shared use agreements to facilitate access to park or recreational facilities for residents in specified areas.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 66477 of the Government Code, as
2amended by Section 61 of Chapter 181 of the Statutes of 2012, is
3amended to read:

4

66477.  

(a) The legislative body of a city or county may, by
5ordinance, require the dedication of land or impose a requirement
6of the payment of fees in lieu thereof, or a combination of both,
7for park or recreational purposes as a condition to the approval of
8a tentative map or parcel map, if all of the following requirements
9are met:

10(1) The ordinance has been in effect for a period of 30 days
11prior to the filing of the tentative map of the subdivision or parcel
12map.

13(2) The ordinance includes definite standards for determining
14the proportion of a subdivision to be dedicated and the amount of
15any fee to be paid in lieu thereof. The amount of land dedicated
16or fees paid shall be based upon the residential density, which shall
17be determined on the basis of the approved or conditionally
18approved tentative map or parcel map and the average number of
19persons per household. There shall be a rebuttable presumption
20that the average number of persons per household by units in a
21structure is the same as that disclosed by the most recent available
22federal census or a census taken pursuant to Chapter 17
23(commencing with Section 40200) of Part 2 of Division 3 of Title
244. However, the dedication of land, or the payment of fees, or both,
25shall not exceed the proportionate amount necessary to provide
26three acres of park area per 1,000 persons residing within a
27subdivision subject to this section, unless the amount of existing
28neighborhood and community park area, as calculated pursuant to
29this subdivision, exceeds that limit, in which case the legislative
30body may adopt the calculated amount as a higher standard not to
31exceed five acres per 1,000 persons residing within a subdivision
32subject to this section.

33(A) The park area per 1,000 members of the population of the
34city, county, or local public agency shall be derived from the ratio
35that the amount of neighborhood and community park acreage
P3    1bears to the total population of the city, county, or local public
2agency as shown in the most recent available federal census. The
3amount of neighborhood and community park acreage shall be the
4actual acreage of existing neighborhood and community parks of
5the city, county, or local public agency as shown on its records,
6plans, recreational element, maps, or reports as of the date of the
7most recent available federal census.

8(B) For cities incorporated after the date of the most recent
9available federal census, the park area per 1,000 members of the
10population of the city shall be derived from the ratio that the
11amount of neighborhood and community park acreage shown on
12the records, maps, or reports of the county in which the newly
13incorporated city is located bears to the total population of the new
14city as determined pursuant to Section 11005 of the Revenue and
15Taxation Code. In making any subsequent calculations pursuant
16to this section, the county in which the newly incorporated city is
17located shall not include the figures pertaining to the new city
18which were calculated pursuant to this paragraph. Fees shall be
19payable at the time of the recording of the final map or parcel map
20or at a later time as may be prescribed by local ordinance.

21(3) begin insert(A)end insertbegin insertend insertThe land, fees, or combination thereof are to be used
22only for the purpose of developing new or rehabilitating existing
23neighborhood or community park or recreational facilities to serve
24the subdivisionbegin insert, except as provided in subparagraph (B)end insert.

begin insert

25(B) (i) Notwithstanding subparagraph (A), fees may be used
26for the purpose of developing new or rehabilitating existing
27neighborhood or community park or recreational facilities to serve
28the subdivision or subdivisions in the city or county with the
29greatest need. The legislative body shall hold a public hearing
30before using fees as provided in this subparagraph.

end insert
begin insert

31(ii) For purposes of this paragraph, “subdivision or subdivisions
32of the city or county with greatest need” includes a subdivision
33with fewer than three acres of park area per 1,000 members of a
34city, county, or local public agency.

end insert

35(4) The legislative body has adopted a general plan or specific
36plan containing policies and standards for parks and recreation
37facilities, and the park and recreational facilities are in accordance
38with definite principles and standards.

39(5) The amount and location of land to be dedicated or the fees
40to be paid shall bear a reasonable relationship to the use of the
P4    1park and recreational facilities by the future inhabitants of the
2subdivision.

3(6) begin insert(A)end insertbegin insertend insertThe city, county, or other local public agency to which
4the land or fees are conveyed or paid shall develop a schedule
5specifying how, when, and where it will use the land or fees, or
6both, to develop park or recreational facilities to serve the residents
7of the subdivision. Any fees collected under the ordinance shall
8be committed within five years after the payment of the fees or
9the issuance of building permits on one-half of the lots created by
10the subdivision, whichever occurs later. If the fees are not
11committed, they, without any deductions, shall be distributed and
12paid to the then record owners of the subdivision in the same
13proportion that the size of their lot bears to the total area of all lots
14within the subdivision.

begin insert

15(B) The city, county, or other local agency to which the land or
16fees are conveyed or paid may enter into a joint or shared use
17agreement with one or more other public districts in the
18jurisdiction, including, but not limited to, a school district or
19community college district, in order to provide access to park or
20recreational facilities to residents of subdivisions with fewer than
21three acres of park area per 1,000 members of the population.

end insert

22(7) Only the payment of fees may be required in subdivisions
23containing 50 parcels or less, except that when a condominium
24project, stock cooperative, or community apartment project, as
25those terms are defined in Sections 4105, 4125, and 4190 of the
26Civil Code, exceeds 50 dwelling units, dedication of land may be
27required notwithstanding that the number of parcels may be less
28than 50.

29(8) Subdivisions containing less than five parcels and not used
30for residential purposes shall be exempted from the requirements
31of this section. However, in that event, a condition may be placed
32on the approval of a parcel map that if a building permit is
33requested for construction of a residential structure or structures
34on one or more of the parcels within four years, the fee may be
35required to be paid by the owner of each parcel as a condition of
36the issuance of the permit.

37(9) If the subdivider provides park and recreational
38improvements to the dedicated land, the value of the improvements
39together with any equipment located thereon shall be a credit
P5    1against the payment of fees or dedication of land required by the
2ordinance.

3(b) Land or fees required under this section shall be conveyed
4or paid directly to the local public agency which provides park
5and recreational services on a communitywide level and to the
6area within which the proposed development will be located, if
7that agency elects to accept the land or fee. The local agency
8accepting the land or funds shall develop the land or use the funds
9in the manner provided in this section.

10(c) If park and recreational services and facilities are provided
11by a public agency other than a city or county, the amount and
12location of land to be dedicated or fees to be paid shall, subject to
13paragraph (2) of subdivision (a), be jointly determined by the city
14or county having jurisdiction and that other public agency.

15(d) This section does not apply to commercial or industrial
16subdivisions or to condominium projects or stock cooperatives
17that consist of the subdivision of airspace in an existing apartment
18building that is more than five years old when no new dwelling
19units are added.

20(e) Common interest developments, as defined in Section 1351
21of the Civil Code, shall be eligible to receive a credit, as determined
22by the legislative body, against the amount of land required to be
23dedicated, or the amount of the fee imposed, pursuant to this
24section, for the value of private open space within the development
25which is usable for active recreational uses.

26(f) Park and recreation purposes shall include land and facilities
27for the activity of “recreational community gardening,” which
28activity consists of the cultivation by persons other than, or in
29addition to, the owner of the land, of plant material not for sale.

30(g) This section shall be knownbegin insert,end insert and may be citedbegin insert,end insert as the
31Quimby Act.



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