BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1359| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1359 Author: Roger Hernández (D), et al. Amended: 7/9/13 in Senate Vote: 21 SENATE GOVERNANCE & FINANCE COMMITTEE : 5-2, 7/3/13 AYES: Wolk, Beall, DeSaulnier, Hernandez, Liu NOES: Knight, Emmerson ASSEMBLY FLOOR : 47-26, 5/30/13 - See last page for vote SUBJECT : Quimby Act: use of fees SOURCE : Author DIGEST : This bill authorizes fees paid as a condition to the approval of a tentative map or parcel map to be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than a neighborhood located in the subdivision for which fees were paid, under specified conditions. ANALYSIS : The Subdivision Map Act allows cities and counties to impose fees or dedications of land for specific uses as conditions of subdivision map approval. Since 1975, the Quimby Act, as part of the Subdivision Map Act, authorizes counties and cities, by ordinance, to require subdividers to dedicate land or pay in-lieu fees for park or recreational purposes as a condition of approving a new subdivision. California courts have ratified the use of Quimby Act fees, holding that they are CONTINUED AB 1359 Page 2 designed to maintain and preserve open space for the recreational use of the residents of new subdivisions, not the city at large (Associated Homebuilders of the East Bay v. City of Walnut Creek (1971)). To impose Quimby Act fees, a county or city must have a general plan or a specific plan that contains policies and standards for park facilities. Park and recreational facilities also must be consistent with principles and standards. Special districts work with cities and counties to receive parkland dedications or in-lieu fees. This bill authorizes fees paid as a condition to the approval of a tentative map or parcel map to be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than a neighborhood located in the subdivision for which fees were paid, if all of the following requirements are met: 1.The neighborhood in which the fees are to be expended has fewer than three acres of park per 1,000 members of the neighborhood population. 2.The neighborhood in which the subdivision for which the fees were paid has a park area per 1,000 members of the neighborhood population ratio that meets or exceeds the ratio calculated pursuant to existing state law, but in no event is less than three acres per 1,000 members. 3.The legislative body holds a public hearing before using the fees. The legislative body must make a finding, supported by substantial evidence, that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used. 4.The fees are used within a specified radius that complies with the city's or county's ordinance adopted pursuant to this bill, and are consistent with the adopted general plan or specific plans of the city or county. 5.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 AB 1359 Page 3 jurisdiction, including a school district or community college district, to provide access to park or recreational facilities to residents of subdivisions with fewer than three acres of park per 1,000 members of the population. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (per Senate Governance and Finance Committee analysis as of 7/3/13 - unable to reverify at time of writing) Acajachemen Nation, Janeno Tribe American Planning Association, California Chapter Amigos de los Rios Anahuak Youth Sports Association Asian and Pacific Islander Obesity Prevention Alliance Asian Pacific Policy and Planning Council California Pan Ethnic Health Network California Wilderness Coalition Charter Oak Unified School District Cities of Baldwin Park and Coachella The City Project Concerned Citizens of South Central Los Angeles Councilmember Brian Gutierrez, California State Council on Developmental Disabilities Latino Coalition for a Healthy California Montebello Unified School District The Trust for Public Lands UFCW Local 1428 ASSEMBLY FLOOR : 47-26, 5/30/13 AYES: Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Cooley, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez, Hall, Roger Hernández, Jones-Sawyer, Levine, Lowenthal, Medina, Mitchell, Mullin, Muratsuchi, Pan, Perea, V. Manuel Pérez, Quirk, Rendon, Skinner, Stone, Ting, Weber, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Allen, Bigelow, Chávez, Chesbro, Conway, Dahle, Donnelly, Beth Gaines, Gorell, Grove, Hagman, Harkey, Jones, Logue, Maienschein, Mansoor, Melendez, Morrell, AB 1359 Page 4 Nestande, Olsen, Patterson, Salas, Wagner, Waldron, Wilk NO VOTE RECORDED: Gordon, Gray, Holden, Linder, Nazarian, Quirk-Silva, Vacancy AB:nl 7/10/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****