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 would 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:
Section 66477 of the Government Code, as
2amended by Section 61 of Chapter 181 of the Statutes of 2012, is
3amended to read:
(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
32payable
at the time of the recording of the final map or parcel map,
33or at a later time as may be prescribed by local ordinance.
34(3) (A) The land, fees, or combination thereof are to be used
35only for the purpose of developing new or rehabilitating existing
36neighborhood or community park or recreational facilities to serve
37the subdivision, except as provided in subparagraph (B).
38(B) Notwithstanding subparagraph (A), fees may be used for
39the purpose of developing new or rehabilitating existing park or
40recreational facilities in a neighborhood other than the
P4 1neighborhood in which the subdivision for which fees were paid
2as a condition to the approval of a tentative map or parcel map is
3located, if all of the following requirements are met:
4(i) The neighborhood in which the fees are to be expended has
5fewer than three acres of park area per 1,000 members of the
6neighborhood population.
7(ii) The neighborhood in which the subdivision for which the
8fees were paid has a park area per 1,000 members of the
9neighborhood population ratio that meets or exceeds the ratio
10calculated pursuant to subparagraph (A) of paragraph (2), but in
11no event is less than three acres per 1,000 persons.
12(iii) The legislative body holds a public hearing before using
13the fees pursuant to this subparagraph.
14(iv) The legislative body makes a finding supported by
15substantial evidence that it is reasonably foreseeable that future
16inhabitants
of the subdivision for which the fee is imposed will
17use the proposed park and recreational facilities in the
18neighborhood where the fees are used.
19(v) The fees are used within a specified radius that complies
20with the city’s or county’s ordinance adopted pursuant to
21subdivision (a), and are consistent with the adopted general plan
22or specific plan of the city or county.
23(4) The legislative body has adopted a general plan or specific
24plan containing policies and standards for parks and recreational
25facilities, and the park and recreational facilities are in accordance
26with definite principles and standards.
27(5) The amount and location of land to be
dedicated or the fees
28to be paid shall bear a reasonable relationship to the use of the
29park and recreational facilities by the future inhabitants of the
30subdivision.
31(6) (A) The city, county, or other local public agency to which
32the land or fees are conveyed or paid shall develop a schedule
33specifying how, when, and where it will use the land or fees, or
34both, to develop park or recreational facilities to serve the residents
35of the subdivision. Any fees collected under the ordinance shall
36be committed within five years after the payment of the fees or
37the issuance of building permits on one-half of the lots created by
38the subdivision, whichever occurs later. If the fees are not
39committed, they, without any deductions, shall be distributed and
40paid to the then record owners of the subdivision in the same
P5 1proportion
that the size of their lot bears to the total area of all lots
2within the subdivision.
3(B) The city, county, or other local agency to which the land or
4fees are conveyed or paid may enter into a joint or shared use
5agreement with one or more other public districts in the
6jurisdiction, including, but not limited to, a school district or
7community college district, in order to provide access to park or
8recreational facilities to residents of subdivisions with fewer than
9three acres of park area per 1,000 members of the population.
10(7) Only the payment of fees may be required in subdivisions
11containing 50 parcels or less, except that when a condominium
12project, stock cooperative, or community apartment project, as
13those terms are defined in Sections 4105, 4125, and 4190 of the
14Civil
Code, exceeds 50 dwelling units, dedication of land may be
15required notwithstanding that the number of parcels may be less
16than 50.
17(8) Subdivisions containing less than five parcels and not used
18for residential purposes shall be exempted from the requirements
19of this section. However, in that event, a condition may be placed
20on the approval of a parcel map that if a building permit is
21requested for construction of a residential structure or structures
22on one or more of the parcels within four years, the fee may be
23required to be paid by the owner of each parcel as a condition of
24the issuance of the permit.
25(9) If the subdivider provides park and recreational
26improvements to the dedicated land, the value of the improvements
27together with any equipment located thereon shall be a
credit
28against the payment of fees or dedication of land required by the
29ordinance.
30(b) Land or fees required under this section shall be conveyed
31or paid directly to the local public agency which provides park
32and recreational services on a communitywide level and to the
33area within which the proposed development will be located, if
34that agency elects to accept the land or fee. The local agency
35accepting the land or funds shall develop the land or use the funds
36in the manner provided in this section.
37(c) If park and recreational services and facilities are provided
38by a public agency other than a city or county, the amount and
39location of land to be dedicated or fees to be paid shall, subject to
P6 1paragraph (2) of subdivision (a), be jointly determined by the city
2or
county having jurisdiction and that other public agency.
3(d) This section does not apply to commercial or industrial
4subdivisions or to condominium projects or stock cooperatives
5that consist of the subdivision of airspace in an existing apartment
6building that is more than five years old when no new dwelling
7units are added.
8(e) Common interest developments, as defined in Section 1351
9of the Civil Code, shall be eligible to receive a credit, as determined
10by the legislative body, against the amount of land required to be
11dedicated, or the amount of the fee imposed, pursuant to this
12section, for the value of private open space within the development
13which is usable for active recreational uses.
14(f) Park and recreation
purposes shall include land and facilities
15for the activity of “recreational community gardening,” which
16activity consists of the cultivation by persons other than, or in
17addition to, the owner of the land, of plant material not for sale.
18(g) This section shall be known, and may be cited, as the
19Quimby Act.
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