Amended in Senate June 26, 2013

Amended in Senate June 19, 2013

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 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 or rehabilitating neighborhood or community park or recreational facilities to serve the subdivision for which the land was dedicated or fees were paid. 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. Existing law requires fees to 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.

This bill wouldbegin delete require fees to instead be paid on the date of the final inspection or issuance of the certificate of occupancy, whichever occurs first. The bill wouldend delete authorize fees paid pursuant to the act to also be used for the purpose of developing or rehabilitating park or recreational facilities 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 met. 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
P3    1(commencing with Section 40200) of Part 2 of Division 3 of Title
24. However, the dedication of land, or the payment of fees, or both,
3shall not exceed the proportionate amount necessary to provide
4three acres of park area per 1,000 persons residing within a
5subdivision subject to this section, unless the amount of existing
6neighborhood and community park area, as calculated pursuant to
7this subdivision, exceeds that limit, in which case the legislative
8body may adopt the calculated amount as a higher standard not to
9exceed five acres per 1,000 persons residing within a subdivision
10subject to this section.

11(A) The park area per 1,000 members of the population of the
12city, county, or local public agency shall be derived from the ratio
13that the amount of neighborhood and community park acreage
14bears to the total population of the city, county, or local public
15agency as shown in the most recent available federal census. The
16amount of neighborhood and community park acreage shall be the
17actual acreage of existing neighborhood and community parks of
18the city, county, or local public agency as shown on its records,
19plans, recreational element, maps, or reports as of the date of the
20most recent available federal census.

21(B) For cities incorporated after the date of the most recent
22available federal census, the park area per 1,000 members of the
23population of the city shall be derived from the ratio that the
24amount of neighborhood and community park acreage shown on
25the maps, records, or reports of the county in which the newly
26incorporated city is located bears to the total population of the new
27city as determined pursuant to Section 11005 of the Revenue and
28Taxation Code. In making any subsequent calculations pursuant
29to this section, the county in which the newly incorporated city is
30located shall not include the figures pertaining to the new city
31which were calculated pursuant to this paragraph. Fees shall be
32payablebegin delete on the date of the final inspection or the certificate of
33occupancy is issued, whichever occurs first.end delete
begin insert at the time of the
34recording of the final map or parcel map, or at a later time as may
35be prescribed by local ordinance.end insert

36(3) (A) The land, fees, or combination thereof are to be used
37only for the purpose of developing new or rehabilitating existing
38neighborhood or community park or recreational facilities to serve
39the subdivision, except as provided in subparagraph (B).

P4    1(B) Notwithstanding subparagraph (A), fees may be used for
2the purpose of developing new or rehabilitating existing park or
3recreational facilities in a neighborhood other than the
4neighborhood in which the subdivision for which fees were paid
5as a condition to the approval of a tentative map or parcel map is
6located, if all of the following requirements are met:

7(i) The neighborhood in which the fees are to be expended has
8fewer than three acres of park area per 1,000 members of the
9neighborhood population.

10(ii) The neighborhood in which the subdivision for which the
11fees were paid has a park area per 1,000 members of the
12neighborhood population ratio that meets or exceeds the ratio
13calculated pursuant to subparagraph (A) of paragraph (2), but in
14no event is less than three acres per 1,000 persons.

15(iii) The legislative body holds a public hearing before using
16the fees pursuant to this subparagraph.

17(iv) The legislative body makes a finding supported by
18substantial evidence that it is reasonably foreseeable that future
19inhabitants of the subdivision for which the fee is imposed will
20use the proposed park and recreational facilities in the
21neighborhood where the fees are used.

22(4) begin delete(A)end deletebegin deleteend deleteThe legislative body has adopted a general plan or
23specific plan containing policies and standards for parks and
24recreational facilities, and the park and recreational facilities are
25in accordance with definite principles and standards.

begin delete

26(B) The principles and standards provide for consistency
27between the calculation of the existing neighborhood and
28community park area inventory pursuant to subparagraph (A) of
29paragraph (2) and the criteria and procedures that the local agency
30applies to a determination regarding the suitability of land offered
31for dedication and credits for private open space. Consistency is
32not provided where the local agency refuses to do any of the
33following:

34(i) Accept an area in complete or partial satisfaction of the land
35dedication requirement on the basis that it is unsuitable for park
36and recreational uses, if the area is substantially similar to areas
37included in the park area inventory.

38(ii) Accept an area in complete or partial satisfaction of the land
39dedication requirement on the basis that the type of use the
40subdivider 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.

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 delete

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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