BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1359
          Author:   Roger Hernández (D), et al.
          Amended:  8/21/13 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.

           Senate Floor Amendments  of 8/21/13 define "specified radius" to  
          include a planning area, zone of influence, or other geographic  
          region designated by the city or county, that otherwise meets  
          the requirements of the Quimby Act.  

           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  
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          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  
          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  

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            specific plan of the city or county.  Specified radius is  
            defined to include a planning area, zone of influence, or  
            other geographic region designated by the city or county, that  
            otherwise meets the requirements of the Quimby Act.  

          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  
            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  :   (Verified  8/23/13)

          Acajachemen Nation, Janeno Tribe
          Amigos de los Rios
          Anahuak Youth Sports Association
          Asian and Pacific Islander Obesity Prevention Alliance
          Asian Pacific Policy and Planning Council
          Baldwin Park City Council
          California Center for Public Health Advocacy
          California Pan Ethnic Health Network
          California Wilderness Coalition
          Charter Oak Unified School District
          City of Coachella
          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 City Project
          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  

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            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, Nestande, Olsen, Patterson, Salas,  
            Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Gordon, Gray, Holden, Linder, Nazarian,  
            Quirk-Silva, Vacancy


          AB:nl  8/23/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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