BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1359|
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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
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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
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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,
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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
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