BILL NUMBER: AB 1359	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 66477 of the Government Code, as amended by
Section 61 of Chapter 181 of the Statutes of 2012, is amended to
read:
   66477.  (a) The legislative body of a city or county may, by
ordinance, require the dedication of land or impose a requirement of
the payment of fees in lieu thereof, or a combination of both, for
park or recreational purposes as a condition to the approval of a
tentative map or parcel map, if all of the following requirements are
met:
   (1) The ordinance has been in effect for a period of 30 days prior
to the filing of the tentative map of the subdivision or parcel map.

   (2) The ordinance includes definite standards for determining the
proportion of a subdivision to be dedicated and the amount of any fee
to be paid in lieu thereof. The amount of land dedicated or fees
paid shall be based upon the residential density, which shall be
determined on the basis of the approved or conditionally approved
tentative map or parcel map and the average number of persons per
household. There shall be a rebuttable presumption that the average
number of persons per household by units in a structure is the same
as that disclosed by the most recent available federal census or a
census taken pursuant to Chapter 17 (commencing with Section 40200)
of Part 2 of Division 3 of Title 4. However, the dedication of land,
or the payment of fees, or both, shall not exceed the proportionate
amount necessary to provide three acres of park area per 1,000
persons residing within a subdivision subject to this section, unless
the amount of existing neighborhood and community park area, as
calculated pursuant to this subdivision, exceeds that limit, in which
case the legislative body may adopt the calculated amount as a
higher standard not to exceed five acres per 1,000 persons residing
within a subdivision subject to this section.
   (A) The park area per 1,000 members of the population of the city,
county, or local public agency shall be derived from the ratio that
the amount of neighborhood and community park acreage bears to the
total population of the city, county, or local public agency as shown
in the most recent available federal census. The amount of
neighborhood and community park acreage shall be the actual acreage
of existing neighborhood and community parks of the city, county, or
local public agency as shown on its records, plans, recreational
element, maps, or reports as of the date of the most recent available
federal census.
   (B) For cities incorporated after the date of the most recent
available federal census, the park area per 1,000 members of the
population of the city shall be derived from the ratio that the
amount of neighborhood and community park acreage shown on the
records, maps, or reports of the county in which the newly
incorporated city is located bears to the total population of the new
city as determined pursuant to Section 11005 of the Revenue and
Taxation Code. In making any subsequent calculations pursuant to this
section, the county in which the newly incorporated city is located
shall not include the figures pertaining to the new city which were
calculated pursuant to this paragraph. Fees shall be payable at the
time of the recording of the final map or parcel map or at a later
time as may be prescribed by local ordinance.
   (3)  (A)    The land, fees, or combination
thereof are to be used only for the purpose of developing new or
rehabilitating existing neighborhood or community park or
recreational facilities to serve the subdivision  ,  
except as provided in subparagraph (B)  . 
   (B) (i) Notwithstanding subparagraph (A), fees may 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. The
legislative body shall hold a public hearing before using fees as
provided in this subparagraph.  
   (ii) For purposes of this paragraph, "subdivision or subdivisions
of the city or county with greatest need" includes a subdivision with
fewer than three acres of park area per 1,000 members of a city,
county, or local public agency. 
   (4) The legislative body has adopted a general plan or specific
plan containing policies and standards for parks and recreation
facilities, and the park and recreational facilities are in
accordance with definite principles and standards.
   (5) The amount and location of land to be dedicated or the fees to
be paid shall bear a reasonable relationship to the use of the park
and recreational facilities by the future inhabitants of the
subdivision.
   (6)  (A)    The city, county, or other local
public agency to which the land or fees are conveyed or paid shall
develop a schedule specifying how, when, and where it will use the
land or fees, or both, to develop park or recreational facilities to
serve the residents of the subdivision. Any fees collected under the
ordinance shall be committed within five years after the payment of
the fees or the issuance of building permits on one-half of the lots
created by the subdivision, whichever occurs later. If the fees are
not committed, they, without any deductions, shall be distributed and
paid to the then record owners of the subdivision in the same
proportion that the size of their lot bears to the total area of all
lots within the subdivision. 
   (B) The city, county, or other local agency to which the land or
fees are conveyed or paid may enter into a joint or shared use
agreement with one or more other public districts in the
jurisdiction, including, but not limited to, a school district or
community college district, in order to provide access to park or
recreational facilities to residents of subdivisions with fewer than
three acres of park area per 1,000 members of the population. 
   (7) Only the payment of fees may be required in subdivisions
containing 50 parcels or less, except that when a condominium
project, stock cooperative, or community apartment project, as those
terms are defined in Sections 4105, 4125, and 4190 of the Civil Code,
exceeds 50 dwelling units, dedication of land may be required
notwithstanding that the number of parcels may be less than 50.
   (8) Subdivisions containing less than five parcels and not used
for residential purposes shall be exempted from the requirements of
this section. However, in that event, a condition may be placed on
the approval of a parcel map that if a building permit is requested
for construction of a residential structure or structures on one or
more of the parcels within four years, the fee may be required to be
paid by the owner of each parcel as a condition of the issuance of
the permit.
   (9) If the subdivider provides park and recreational improvements
to the dedicated land, the value of the improvements together with
any equipment located thereon shall be a credit against the payment
of fees or dedication of land required by the ordinance.
   (b) Land or fees required under this section shall be conveyed or
paid directly to the local public agency which provides park and
recreational services on a communitywide level and to the area within
which the proposed development will be located, if that agency
elects to accept the land or fee. The local agency accepting the land
or funds shall develop the land or use the funds in the manner
provided in this section.
   (c) If park and recreational services and facilities are provided
by a public agency other than a city or county, the amount and
location of land to be dedicated or fees to be paid shall, subject to
paragraph (2) of subdivision (a), be jointly determined by the city
or county having jurisdiction and that other public agency.
   (d) This section does not apply to commercial or industrial
subdivisions or to condominium projects or stock cooperatives that
consist of the subdivision of airspace in an existing apartment
building that is more than five years old when no new dwelling units
are added.
   (e) Common interest developments, as defined in Section 1351 of
the Civil Code, shall be eligible to receive a credit, as determined
by the legislative body, against the amount of land required to be
dedicated, or the amount of the fee imposed, pursuant to this
section, for the value of private open space within the development
which is usable for active recreational uses.
   (f) Park and recreation purposes shall include land and facilities
for the activity of "recreational community gardening," which
activity consists of the cultivation by persons other than, or in
addition to, the owner of the land, of plant material not for sale.
   (g) This section shall be known  ,  and may be cited 
,  as the Quimby Act.