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.begin delete 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.end delete
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
9 are 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
P3 1federal census or a census taken pursuant to Chapter 17
2(commencing with Section 40200) of Part 2 of Division 3 of Title
34. However, the dedication of land, or the payment of fees, or both,
4shall not exceed the proportionate amount necessary to provide
5three acres of park area per 1,000 persons residing within a
6subdivision subject to this section, unless the amount of existing
7neighborhood and community park area, as calculated pursuant to
8this subdivision, exceeds that limit, in which
case the legislative
9body may adopt the calculated amount as a higher standard not to
10exceed five acres per 1,000 persons residing within a subdivision
11subject to this section.
12(A) The park area per 1,000 members of the population of the
13city, county, or local public agency shall be derived from the ratio
14that the amount of neighborhood and community park acreage
15bears to the total population of the city, county, or local public
16agency as shown in the most recent available federal census. The
17amount of neighborhood and community park acreage shall be the
18actual acreage of existing neighborhood and community parks of
19the city, county, or local public agency as shown on its records,
20plans, recreational element, maps, or reports as of the date of the
21most recent available federal census.
22(B) For cities incorporated after the date of the most recent
23available federal census, the park area per 1,000 members of the
24population of the city shall be derived from the ratio that the
25amount of neighborhood and community park acreage shown on
26the maps, records, or reports of the county in which the newly
27incorporated city is located bears to the total population of the new
28city as determined pursuant to Section 11005 of the Revenue and
29Taxation Code. In making any subsequent calculations pursuant
30to this section, the county in which the newly incorporated city is
31located shall not include the figures pertaining to the new city
32which were calculated pursuant to this paragraph. Fees shall be
33payable at the time of the recording of the final map or parcel map,
34or at a later time as may be prescribed by local ordinance.
35(3) (A) The land, fees, or combination thereof are to be used
36only for the purpose of developing new or rehabilitating existing
37neighborhood or community park or recreational facilities to serve
38the subdivision, except as provided in subparagraph (B).
39(B) Notwithstanding subparagraph (A), fees may be used for
40the purpose of developing new or rehabilitating existing park or
P4 1recreational facilities in a neighborhood other than the
2neighborhood in which the subdivision for which fees were paid
3as a condition to the approval of a tentative map or parcel map is
4located, if all of the following requirements are met:
5(i) The neighborhood in which the fees are to be expended has
6fewer than three acres of park area per 1,000 members of the
7neighborhood
population.
8(ii) The neighborhood in which the subdivision for which the
9fees were paid has a park area per 1,000 members of the
10neighborhood population ratio that meets or exceeds the ratio
11calculated pursuant to subparagraph (A) of paragraph (2), but in
12no event is less than three acres per 1,000 persons.
13(iii) The legislative body holds a public hearing before using
14the fees pursuant to this subparagraph.
15(iv) The legislative body makes a finding supported by
16substantial evidence that it is reasonably foreseeable that future
17inhabitants of the subdivision for which the fee is imposed will
18use the proposed park and recreational facilities in the
19neighborhood where the fees are used.
20(v) The fees are used within a specified radius that complies
21with the city’s or county’s ordinance adopted pursuant to
22subdivision (a), and are consistent with the adopted general plan
23or specific plan of the city or county.begin insert For purposes of this clause,
24“specified radius” includes a planning area, zone of influence, or
25other geographic region designated by the city or county, that
26otherwise meets the requirements of this section.end insert
27(4) The legislative body has adopted a general plan or specific
28plan containing policies and standards for parks and recreational
29facilities, and the park and recreational facilities are in accordance
30with definite principles and standards.
31(5) The amount and location of land to be dedicated or the fees
32to be paid shall bear a reasonable relationship to the use of the
33park and recreational facilities by the future inhabitants of the
34subdivision.
35(6) (A) The city, county, or other local public agency to which
36the land or fees are conveyed or paid shall develop a schedule
37specifying how, when, and where it will use the land or fees, or
38both, to develop park or recreational facilities to serve the residents
39of the subdivision. Any fees collected under the ordinance shall
40be committed within five years after the payment of the fees or
P5 1the issuance of building permits on one-half of the lots created by
2the subdivision, whichever occurs later. If the fees are not
3committed, they, without any deductions, shall be distributed and
4paid to the then
record owners of the subdivision in the same
5proportion that the size of their lot bears to the total area of all lots
6within the subdivision.
7(B) The city, county, or other local agency to which the land or
8fees are conveyed or paid may enter into a joint or shared use
9agreement with one or more other public districts in the
10jurisdiction, including, but not limited to, a school district or
11community college district, in order to provide access to park or
12recreational facilities to residents of subdivisions with fewer than
13three acres of park area per 1,000 members of the population.
14(7) Only the payment of fees may be required in subdivisions
15containing 50 parcels or less, except that when a condominium
16project, stock cooperative, or community apartment project, as
17those terms
are defined in Sections 4105, 4125, and 4190 of the
18Civil Code, exceeds 50 dwelling units, dedication of land may be
19required notwithstanding that the number of parcels may be less
20than 50.
21(8) Subdivisions containing less than five parcels and not used
22for residential purposes shall be exempted from the requirements
23of this section. However, in that event, a condition may be placed
24on the approval of a parcel map that if a building permit is
25requested for construction of a residential structure or structures
26on one or more of the parcels within four years, the fee may be
27required to be paid by the owner of each parcel as a condition of
28the issuance of the permit.
29(9) If the subdivider provides park and recreational
30improvements to the dedicated land, the value of the
improvements
31together with any equipment located thereon shall be a credit
32against the payment of fees or dedication of land required by the
33ordinance.
34(b) Land or fees required under this section shall be conveyed
35or paid directly to the local public agency which provides park
36and recreational services on a communitywide level and to the
37area within which the proposed development will be located, if
38that agency elects to accept the land or fee. The local agency
39accepting the land or funds shall develop the land or use the funds
40in the manner provided in this section.
P6 1(c) If park and recreational services and facilities are provided
2by a public agency other than a city or county, the amount and
3location of land to be dedicated or fees to be paid shall, subject to
4paragraph
(2) of subdivision (a), be jointly determined by the city
5or county having jurisdiction and that other public agency.
6(d) This section does not apply to commercial or industrial
7subdivisions or to condominium projects or stock cooperatives
8that consist of the subdivision of airspace in an existing apartment
9building that is more than five years old when no new dwelling
10units are added.
11(e) Common interest developments, as defined in Section 1351
12of the Civil Code, shall be eligible to receive a credit, as determined
13by the legislative body, against the amount of land required to be
14dedicated, or the amount of the fee imposed, pursuant to this
15section, for the value of private open space within the development
16which is usable for active recreational uses.
17(f) Park and recreation purposes shall include land and facilities
18for the activity of “recreational community gardening,” which
19activity consists of the cultivation by persons other than, or in
20addition to, the owner of the land, of plant material not for sale.
21(g) This section shall be known, and may be cited, as the
22Quimby Act.
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