BILL NUMBER: AB 1191	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nazarian

                        FEBRUARY 27, 2015

   An act to amend Section 66477 of the Government Code, relating to
land use.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1191, as introduced, Nazarian. Quimby Act: fees.
   The Quimby Act, within the Subdivision Map Act, authorizes the
legislative body of a city or county to require the dedication of
land or to impose fees for park or recreational purposes as a
condition of the approval of a tentative or parcel subdivision map,
if specified requirements are met.
   This bill would define the term "fee," as used in the Quimby Act
with regard to the expenditure of fees, to include any interest
income generated from a fee charged and collected pursuant to that
act.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 66477 of the Government Code is amended to
read:
   66477.  (a) The legislative body of a city or county may, by
ordinance, require the dedication of land or impose a requirement of
the payment of fees in lieu thereof, or a combination of both, for
park or recreational purposes as a condition to the approval of a
tentative map or parcel map, if all of the following requirements are
met:
   (1) The ordinance has been in effect for a period of 30 days prior
to the filing of the tentative map of the subdivision or parcel map.

   (2) The ordinance includes definite standards for determining the
proportion of a subdivision to be dedicated and the amount of any fee
to be paid in lieu thereof. The amount of land dedicated or fees
paid shall be based upon the residential density, which shall be
determined on the basis of the approved or conditionally approved
tentative map or parcel map and the average number of persons per
household. There shall be a rebuttable presumption that the average
number of persons per household by units in a structure is the same
as that disclosed by the most recent available federal census or a
census taken pursuant to Chapter 17 (commencing with Section 40200)
of Part 2 of Division 3 of Title 4. However, the dedication of land,
or the payment of fees, or both, shall not exceed the proportionate
amount necessary to provide three acres of park area per 1,000
persons residing within a subdivision subject to this section, unless
the amount of existing neighborhood and community park area, as
calculated pursuant to this subdivision, exceeds that limit, in which
case the legislative body may adopt the calculated amount as a
higher standard not to exceed five acres per 1,000 persons residing
within a subdivision subject to this section.
   (A) The park area per 1,000 members of the population of the city,
county, or local public agency shall be derived from the ratio that
the amount of neighborhood and community park acreage bears to the
total population of the city, county, or local public agency as shown
in the most recent available federal census. The amount of
neighborhood and community park acreage shall be the actual acreage
of existing neighborhood and community parks of the city, county, or
local public agency as shown on its records, plans, recreational
element, maps, or reports as of the date of the most recent available
federal census.
   (B) For cities incorporated after the date of the most recent
available federal census, the park area per 1,000 members of the
population of the city shall be derived from the ratio that the
amount of neighborhood and community park acreage shown on the maps,
records, or reports of the county in which the newly incorporated
city is located bears to the total population of the new city as
determined pursuant to Section 11005 of the Revenue and Taxation
Code. In making any subsequent calculations pursuant to this section,
the county in which the newly incorporated city is located shall not
include the figures pertaining to the new city which were calculated
pursuant to this paragraph. Fees shall 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.
   (3) (A) The land, fees, or combination thereof are to be used only
for the purpose of developing new or rehabilitating existing
neighborhood or community park or recreational facilities to serve
the subdivision, except as provided in subparagraph (B).
   (B) Notwithstanding subparagraph (A), fees may be used for the
purpose of developing new or rehabilitating existing 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 all of
the following requirements are met:
   (i) The neighborhood in which the fees are to be expended has
fewer than three acres of park area per 1,000 members of the
neighborhood population.
   (ii) 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 subparagraph (A) of paragraph (2), but in no event is less than
three acres per 1,000 persons.
   (iii) The legislative body holds a public hearing before using the
fees pursuant to this subparagraph.
   (iv) The legislative body makes 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.
   (v) The fees are used within a specified radius that complies with
the city's or county's ordinance adopted pursuant to subdivision
(a), and are consistent with the adopted general plan or specific
plan of the city or county. For purposes of this clause, "specified
radius" includes a planning area, zone of influence, or other
geographic region designated by the city or county, that otherwise
meets the requirements of this section.
   (4) The legislative body has adopted a general plan or specific
plan containing policies and standards for parks and recreational
facilities, and the park and recreational facilities are in
accordance with definite principles and standards.
   (5) The amount and location of land to be dedicated or the fees to
be paid shall bear a reasonable relationship to the use of the park
and recreational facilities by the future inhabitants of the
subdivision.
   (6) (A) The city, county, or other local public agency to which
the land or fees are conveyed or paid shall develop a schedule
specifying how, when, and where it will use the land or fees, or
both, to develop park or recreational facilities to serve the
residents of the subdivision. Any fees collected under the ordinance
shall be committed within five years after the payment of the fees or
the issuance of building permits on one-half of the lots created by
the subdivision, whichever occurs later. If the fees are not
committed, they, without any deductions, shall be distributed and
paid to the then record owners of the subdivision in the same
proportion that the size of their lot bears to the total area of all
lots within the subdivision.
   (B) 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, but not limited to, a school district or
community college district, in order to provide access to park or
recreational facilities to residents of subdivisions with fewer than
three acres of park area per 1,000 members of the population.
   (7) Only the payment of fees may be required in subdivisions
containing 50 parcels or less, except that when a condominium
project, stock cooperative, or community apartment project, as those
terms are defined in Sections 4105, 4125, and 4190 of the Civil Code,
exceeds 50 dwelling units, dedication of land may be required
notwithstanding that the number of parcels may be less than 50.
   (8) Subdivisions containing less than five parcels and not used
for residential purposes shall be exempted from the requirements of
this section. However, in that event, a condition may be placed on
the approval of a parcel map that if a building permit is requested
for construction of a residential structure or structures on one or
more of the parcels within four years, the fee may be required to be
paid by the owner of each parcel as a condition of the issuance of
the permit.
   (9) If the subdivider provides park and recreational improvements
to the dedicated land, the value of the improvements together with
any equipment located thereon shall be a credit against the payment
of fees or dedication of land required by the ordinance.
   (b) Land or fees required under this section shall be conveyed or
paid directly to the local public agency which provides park and
recreational services on a communitywide level and to the area within
which the proposed development will be located, if that agency
elects to accept the land or fee. The local agency accepting the land
or funds shall develop the land or use the funds in the manner
provided in this section.
   (c) If park and recreational services and facilities are provided
by a public agency other than a city or county, the amount and
location of land to be dedicated or fees to be paid shall, subject to
paragraph (2) of subdivision (a), be jointly determined by the city
or county having jurisdiction and that other public agency.
   (d) This section does not apply to commercial or industrial
subdivisions or to condominium projects or stock cooperatives that
consist of the subdivision of airspace in an existing apartment
building that is more than five years old when no new dwelling units
are added.
   (e) Common interest developments, as defined in Section 
1351   4100  of the Civil Code, shall be eligible
to receive a credit, as determined by the legislative body, against
the amount of land required to be dedicated, or the amount of the fee
imposed, pursuant to this section, for the value of private open
space within the development which is usable for active recreational
uses.
   (f) Park and recreation purposes shall include land and facilities
for the activity of "recreational community gardening," which
activity consists of the cultivation by persons other than, or in
addition to, the owner of the land, of plant material not for sale.

   (g) As used in this section with regard to the expenditure of
fees, the term "fee" includes any interest income generated from a
fee charged and collected pursuant to this section.  
   (g) 
    (h)  This section shall be known, and may be cited, as
the Quimby Act.