Amended in Assembly May 29, 2013

Amended in Assembly April 29, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1359


Introduced by Assembly Member Roger Hernández

(Coauthor: Assembly Member Ammiano)

February 22, 2013


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

LEGISLATIVE COUNSEL’S DIGEST

AB 1359, as amended, 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 mapbegin insert,end insert 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 developingbegin delete new,end delete or rehabilitatingbegin delete existing,end delete neighborhood or community park or recreational facilities to serve the subdivisionbegin insert for which the land was dedicated or fees were paidend insert. 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 developingbegin delete newend delete or rehabilitatingbegin delete existing neighborhood or communityend delete park or recreational facilitiesbegin delete to serve the subdivision or subdivisions in the city or county with the greatest need, as definedend deletebegin insert in a neighborhood other than the neighborhood in which the subdivision for which fees were paid as a condition to the approval of a tentative map or parcel map is located, if certain requirements are metend insert. 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
P3    1neighborhood and community park area, as calculated pursuant to
2this subdivision, exceeds that limit, in which case the legislative
3body may adopt the calculated amount as a higher standard not to
4exceed five acres per 1,000 persons residing within a subdivision
5subject to this section.

6(A) The park area per 1,000 members of the population of the
7city, county, or local public agency shall be derived from the ratio
8that the amount of neighborhood and community park acreage
9bears to the total population of the city, county, or local public
10agency as shown in the most recent available federal census. The
11amount of neighborhood and community park acreage shall be the
12actual acreage of existing neighborhood and community parks of
13the city, county, or local public agency as shown on its records,
14plans, recreational element, maps, or reports as of the date of the
15most recent available federal census.

16(B) For cities incorporated after the date of the most recent
17available federal census, the park area per 1,000 members of the
18population of the city shall be derived from the ratio that the
19amount of neighborhood and community park acreage shown on
20the maps, records, or reports of the county in which the newly
21incorporated city is located bears to the total population of the new
22city as determined pursuant to Section 11005 of the Revenue and
23Taxation Code. In making any subsequent calculations pursuant
24to this section, the county in which the newly incorporated city is
25located shall not include the figures pertaining to the new city
26which were calculated pursuant to this paragraph. Fees shall be
27payable at the time of the recording of the final map or parcel map
28or at a later time as may be prescribed by local ordinance.

29(3) (A) The land, fees, or combination thereof are to be used
30only for the purpose of developing new or rehabilitating existing
31neighborhood or community park or recreational facilities to serve
32the subdivision, except as provided in subparagraph (B).

33(B) begin delete(i)end deletebegin deleteend deleteNotwithstanding subparagraph (A), fees may be used
34for the purpose of developing new or rehabilitating existing
35begin delete neighborhood or communityend delete park or recreational facilitiesbegin delete to serve
36the subdivision or subdivisions in the city or county with the
37greatest need. The legislative body shall hold a public hearing
38before using fees as provided in this subparagraph.end delete
begin insert in a
39neighborhood other than the neighborhood in which the subdivision
40for which fees were paid as a condition to the approval of a
P4    1tentative map or parcel map is located, if all of the following
2requirements are met:end insert

begin insert

3(i) The neighborhood in which the fees are to be expended has
4fewer than three acres of park area per 1,000 members of the
5neighborhood population.

end insert
begin insert

6(ii) The neighborhood in which the subdivision for which the
7fees were paid has a park area per 1,000 members of the
8neighborhood population ratio that meets or exceeds the ratio
9calculated pursuant to subparagraph (A) of paragraph (2).

end insert
begin insert

10(iii) The legislative body holds a public hearing before using
11the fees pursuant to this subparagraph. If the distance between
12the neighborhoods described in clauses (i) and (ii) is greater than
13two miles, the legislative body shall make a finding supported by
14substantial evidence that it is reasonably foreseeable that future
15inhabitants of the subdivision for which the fee is imposed will use
16the proposed park and recreational facilities.

end insert
begin delete

17(ii) For purposes of this paragraph, “subdivision or subdivisions
18of the city or county with greatest need” includes a subdivision
19with fewer than three acres of park area per 1,000 members of a
20city, county, or local public agency.

end delete

21(4) begin insert(A)end insertbegin insertend insert The legislative body has adopted a general plan or
22specific plan containing policies and standards for parks and
23begin delete recreationend deletebegin insert recreationalend insert facilities, and the park and recreational
24facilities are in accordance with definite principles and standards.

begin insert

25(B) The principles and standards provide for consistency
26between the calculation of the existing neighborhood and
27community park area inventory pursuant to subparagraph (A) of
28paragraph (2) and the criteria and procedures that the local agency
29applies to a determination regarding the suitability of land offered
30for dedication and credits for private open space. Consistency is
31not provided where the local agency refuses to do any of the
32following:

end insert
begin insert

33(i) Accept an area in complete or partial satisfaction of the land
34dedication requirement on the basis that it is unsuitable for park
35and recreational uses, if the area is substantially similar to areas
36included in the park area inventory.

end insert
begin insert

37(ii) Accept an area in complete or partial satisfaction of the
38land dedication requirement on the basis that the type of use the
39subdivider proposes is not an appropriate park and recreational
P5    1use, if the use is substantially similar to uses on areas included in
2the park area inventory.

end insert
begin insert

3(iii) Provide more than the minimum required credit pursuant
4to subdivision (e) on the basis that the active recreational uses
5proposed by the subdivider are not appropriate park and
6recreational uses, if the recreational uses are substantially similar
7to uses on areas included in the park area inventory.

end insert

8(5) The amount and location of land to be dedicated or the fees
9to be paid shall bear a reasonable relationship to the use of the
10park and recreational facilities by the future inhabitants of the
11subdivision.

12(6) (A) The city, county, or other local public agency to which
13the land or fees are conveyed or paid shall develop a schedule
14specifying how, when, and where it will use the land or fees, or
15both, to develop park or recreational facilities to serve the residents
16of the subdivision. Any fees collected under the ordinance shall
17be committed within five years after the payment of the fees or
18the issuance of building permits on one-half of the lots created by
19the subdivision, whichever occurs later. If the fees are not
20committed, they, without any deductions, shall be distributed and
21paid to the then record owners of the subdivision in the same
22proportion that the size of their lot bears to the total area of all lots
23within the subdivision.

24(B) The city, county, or other local agency to which the land or
25fees are conveyed or paid may enter into a joint or shared use
26agreement with one or more other public districts in the
27jurisdiction, including, but not limited to, a school district or
28community college district, in order to provide access to park or
29recreational facilities to residents of subdivisions with fewer than
30three acres of park area per 1,000 members of the population.

31(7) Only the payment of fees may be required in subdivisions
32containing 50 parcels or less, except that when a condominium
33project, stock cooperative, or community apartment project, as
34those terms are defined in Sections 4105, 4125, and 4190 of the
35Civil Code, exceeds 50 dwelling units, dedication of land may be
36required notwithstanding that the number of parcels may be less
37than 50.

38(8) Subdivisions containing less than five parcels and not used
39for residential purposes shall be exempted from the requirements
40of this section. However, in that event, a condition may be placed
P6    1on the approval of a parcel map that if a building permit is
2requested for construction of a residential structure or structures
3on one or more of the parcels within four years, the fee may be
4required to be paid by the owner of each parcel as a condition of
5the issuance of the permit.

6(9) If the subdivider provides park and recreational
7improvements to the dedicated land, the value of the improvements
8together with any equipment located thereon shall be a credit
9against the payment of fees or dedication of land required by the
10ordinance.

11(b) Land or fees required under this section shall be conveyed
12or paid directly to the local public agency which provides park
13and recreational services on a communitywide level and to the
14area within which the proposed development will be located, if
15that agency elects to accept the land or fee. The local agency
16accepting the land or funds shall develop the land or use the funds
17in the manner provided in this section.

18(c) If park and recreational services and facilities are provided
19by a public agency other than a city or county, the amount and
20location of land to be dedicated or fees to be paid shall, subject to
21paragraph (2) of subdivision (a), be jointly determined by the city
22or county having jurisdiction and that other public agency.

23(d) This section does not apply to commercial or industrial
24subdivisions or to condominium projects or stock cooperatives
25that consist of the subdivision of airspace in an existing apartment
26building that is more than five years old when no new dwelling
27units are added.

28(e) Common interest developments, as defined in Section 1351
29of the Civil Code, shall be eligible to receive a credit, as determined
30by the legislative body, against the amount of land required to be
31dedicated, or the amount of the fee imposed, pursuant to this
32section, for the value of private open space within the development
33which is usable for active recreational uses.

34(f) Park and recreation purposes shall include land and facilities
35for the activity of “recreational community gardening,” which
36activity consists of the cultivation by persons other than, or in
37addition to, the owner of the land, of plant material not for sale.

P7    1(g) This section shall be known, and may be cited, as the
2Quimby Act.



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