AB 1191, as amended, 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.begin insert Existing law requires any fees collected to be committed within 5 years after the payment of the fees or the issuance of building permits on end insertbegin insert1⁄2end insertbegin insert of the lots created by the subdivision, whichever occurs later. Existing law requires any fees not committed to be distributed and paid to the then record owners of the subdivision, as specified.end insert
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. The bill would provide that these provisions are declaratory of existing law.begin insert The bill would, until January 1, 2021, authorize a city with a population of 3 million or more to commit interest earned on or before January 1, 2016, on fees charged pursuant to that act, without regard to the date the fee was collected or the date of issuance of building permits on end insertbegin insert1⁄2end insertbegin insert of the lots created by the subdivision, outside the subdivision for which the fees were collected, provided that the city holds a public hearing prior to committing the interest, and uses the interest to develop new or rehabilitate existing neighborhood or community parks or recreational facilities within the city.end insert
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 is
2amended to read:
(a) The legislative body of a city or county may, by
4ordinance, require the dedication of land or impose a requirement
5of the payment of fees in lieu thereof, or a combination of both,
6for park or recreational purposes as a condition to the approval of
7a tentative map or parcel map, if all of the following requirements
8are met:
9(1) The ordinance has been in effect for a period of 30 days
10prior to the filing of the tentative map of the subdivision or parcel
11map.
12(2) The ordinance includes definite standards for determining
13the proportion of a subdivision to be dedicated and the amount of
14any fee to be paid in lieu thereof.
The amount of land dedicated
15or fees paid shall be based upon the residential density, which shall
16be determined on the basis of the approved or conditionally
17approved tentative map or parcel map and the average number of
18persons per household. There shall be a rebuttable presumption
19that the average number of persons per household by units in a
20structure is the same as that disclosed by the most recent available
21federal census or a census taken pursuant to Chapter 17
22(commencing with Section 40200) of Part 2 of Division 3 of Title
234. However, the dedication of land, or the payment of fees, or both,
24shall not exceed the proportionate amount necessary to provide
25three acres of park area per 1,000 persons residing within a
26subdivision subject to this section, unless the amount of existing
27neighborhood and community park area, as calculated pursuant to
28this subdivision, exceeds that limit, in which
case the legislative
29body may adopt the calculated amount as a higher standard not to
P3 1exceed five acres per 1,000 persons residing within a subdivision
2subject to this section.
3(A) The park area per 1,000 members of the population of the
4city, county, or local public agency shall be derived from the ratio
5that the amount of neighborhood and community park acreage
6bears to the total population of the city, county, or local public
7agency as shown in the most recent available federal census. The
8amount of neighborhood and community park acreage shall be the
9actual acreage of existing neighborhood and community parks of
10the city, county, or local public agency as shown on its records,
11plans, recreational element, maps, or reports as of the date of the
12most recent available federal census.
13(B) For cities incorporated after the date of the most recent
14available federal census, the park area per 1,000 members of the
15population of the city shall be derived from the ratio that the
16amount of neighborhood and community park acreage shown on
17the maps, records, or reports of the county in which the newly
18incorporated city is located bears to the total population of the new
19city as determined pursuant to Section 11005 of the Revenue and
20Taxation Code. In making any subsequent calculations pursuant
21to this section, the county in which the newly incorporated city is
22located shall not include the figures pertaining to the new city
23which were calculated pursuant to this paragraph. Fees shall be
24payable at the time of the recording of the final map or parcel map,
25or at a later time as may be prescribed by local ordinance.
26(3) (A) The land, fees, or combination thereof are to be used
27only for the purpose of developing new or rehabilitating existing
28neighborhood or community park or recreational facilities to serve
29the subdivision, except as provided in subparagraph (B).
30(B) Notwithstanding subparagraph (A), fees may be used for
31the purpose of developing new or rehabilitating existing park or
32recreational facilities in a neighborhood other than the
33neighborhood in which the subdivision for which fees were paid
34as a condition to the approval of a tentative map or parcel map is
35located, if all of the following requirements are met:
36(i) The neighborhood in which the fees are to be expended has
37fewer than three acres of park area per 1,000 members of the
38neighborhood
population.
39(ii) The neighborhood in which the subdivision for which the
40fees were paid has a park area per 1,000 members of the
P4 1neighborhood population ratio that meets or exceeds the ratio
2calculated pursuant to subparagraph (A) of paragraph (2), but in
3no event is less than three acres per 1,000 persons.
4(iii) The legislative body holds a public hearing before using
5the fees pursuant to this subparagraph.
6(iv) The legislative body makes a finding supported by
7substantial evidence that it is reasonably foreseeable that future
8inhabitants of the subdivision for which the fee is imposed will
9use the proposed park and recreational facilities in the
10neighborhood where the fees are used.
11(v) The fees are used within a specified radius that complies
12with the city’s or county’s ordinance adopted pursuant to
13subdivision (a), and are consistent with the adopted general plan
14or specific plan of the city or county. For purposes of this clause,
15“specified radius” includes a planning area, zone of influence, or
16other geographic region designated by the city or county, that
17otherwise meets the requirements of this section.
18(4) The legislative body has adopted a general plan or specific
19plan containing policies and standards for parks and recreational
20facilities, and the park and recreational facilities are in accordance
21with definite principles and standards.
22(5) The amount and location of land to be dedicated or the
fees
23to be paid shall bear a reasonable relationship to the use of the
24park and recreational facilities by the future inhabitants of the
25subdivision.
26(6) (A) begin insert(i)end insertbegin insert end insertThe city, county, or other local public agency to
27which the land or fees are conveyed or paid shall develop a
28schedule specifying how, when, and where it will use the land or
29fees, or both, to develop park or recreational facilities to serve the
30residents of the subdivision. Any fees collected under the ordinance
31shall be committed within five years after the payment of the fees
32or the issuance of building permits on one-half of the lots created
33by the subdivision, whichever occurs later. If the fees are not
34committed, they, without any
deductions, shall be distributed and
35paid to the then record owners of the subdivision in the same
36proportion that the size of their lot bears to the total area of all lots
37 within the subdivision.
38(ii) Notwithstanding clause (i), a city with a population of three
39million or more may commit interest accrued on or before January
401, 2016, on fees charged pursuant to this section, without regard
P5 1to the date the fee was collected or the date of issuance of building
2permits on one-half of the lots created by the subdivision, outside
3the subdivision for which the fees were collected, provided that
4the city holds a public hearing prior to committing the interest,
5and uses the interest to develop new or rehabilitate existing
6neighborhood or community parks or recreational facilities within
7the city.
8(B) The city, county, or other local agency to which the land or
9fees are conveyed or paid may enter into a joint or shared use
10agreement with one or more other public districts in the
11jurisdiction, including, but not limited to, a school district or
12community college district, in order to provide access to park or
13recreational facilities to residents of subdivisions with fewer than
14three acres of park area per 1,000 members of the population.
15(7) Only the payment of fees may be required in subdivisions
16containing 50 parcels or less, except that when a condominium
17project, stock cooperative, or community apartment project, as
18those terms are defined in Sections 4105, 4125, and 4190 of the
19Civil Code, exceeds 50 dwelling units, dedication of land may be
20required notwithstanding that
the number of parcels may be less
21than 50.
22(8) Subdivisions containing less than five parcels and not used
23for residential purposes shall be exempted from the requirements
24of this section. However, in that event, a condition may be placed
25on the approval of a parcel map that if a building permit is
26requested for construction of a residential structure or structures
27on one or more of the parcels within four years, the fee may be
28required to be paid by the owner of each parcel as a condition of
29the issuance of the permit.
30(9) If the subdivider provides park and recreational
31improvements to the dedicated land, the value of the improvements
32together with any equipment located thereon shall be a credit
33against the payment of fees or dedication of land required by the
34ordinance.
35(b) Land or fees required under this section shall be conveyed
36or paid directly to the local public agency which provides park
37and recreational services on a communitywide level and to the
38area within which the proposed development will be located, if
39that agency elects to accept the land or fee. The local agency
P6 1accepting the land or funds shall develop the land or use the funds
2in the manner provided in this section.
3(c) If park and recreational services and facilities are provided
4by a public agency other than a city or county, the amount and
5location of land to be dedicated or fees to be paid shall, subject to
6paragraph (2) of subdivision (a), be jointly determined by the city
7or county having jurisdiction and that other public agency.
8(d) This section does not apply to commercial or industrial
9subdivisions or to condominium projects or stock cooperatives
10that consist of the subdivision of airspace in an existing apartment
11building that is more than five years old when no new dwelling
12units are added.
13(e) Common interest developments, as defined in Section 4100
14of the Civil Code, shall be eligible to receive a credit, as determined
15by the legislative body, against the amount of land required to be
16dedicated, or the amount of the fee imposed, pursuant to this
17section, for the value of private open space within the development
18which is usable for active recreational uses.
19(f) Park and recreation purposes shall include land and facilities
20for the activity of “recreational community gardening,” which
21activity
consists of the cultivation by persons other than, or in
22addition to, the owner of the land, of plant material not for sale.
23(g) As used in this section with regard to the expenditure of
24fees, the term “fee” includes any interest income generated from
25a fee charged and collected pursuant to this section.
26(h) This section shall be known, and may be cited, as the
27Quimby Act.
28(i) This section shall remain in effect only until January 1, 2021,
29and as of that date is repealed.
begin insertSection 66477 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
31read:end insert
(a) The legislative body of a city or county may, by
33ordinance, require the dedication of land or impose a requirement
34of the payment of fees in lieu thereof, or a combination of both,
35for park or recreational purposes as a condition to the approval
36of a tentative map or parcel map, if all of the following
37requirements are met:
38(1) The ordinance has been in effect for a period of 30 days
39prior to the filing of the tentative map of the subdivision or parcel
40map.
P7 1(2) The ordinance includes definite standards for determining
2the proportion of a subdivision to be dedicated and the amount of
3any fee to be paid in lieu thereof. The amount of land dedicated
4or fees paid shall be based upon the residential
density, which
5shall be determined on the basis of the approved or conditionally
6approved tentative map or parcel map and the average number of
7persons per household. There shall be a rebuttable presumption
8that the average number of persons per household by units in a
9structure is the same as that disclosed by the most recent available
10federal census or a census taken pursuant to Chapter 17
11(commencing with Section 40200) of Part 2 of Division 3 of Title
124. However, the dedication of land, or the payment of fees, or both,
13shall not exceed the proportionate amount necessary to provide
14three acres of park area per 1,000 persons residing within a
15subdivision subject to this section, unless the amount of existing
16neighborhood and community park area, as calculated pursuant
17to this subdivision, exceeds that limit, in which case the legislative
18body may adopt the calculated amount as a higher standard not
19to exceed five acres per 1,000 persons residing within a subdivision
20subject to this section.
21(A) The park area per 1,000 members of the population of the
22city, county, or local public agency shall be derived from the ratio
23that the amount of neighborhood and community park acreage
24bears to the total population of the city, county, or local public
25agency as shown in the most recent available federal census. The
26amount of neighborhood and community park acreage shall be
27the actual acreage of existing neighborhood and community parks
28of the city, county, or local public agency as shown on its records,
29plans, recreational element, maps, or reports as of the date of the
30most recent available federal census.
31(B) For cities incorporated after the date of the most recent
32available federal census, the park area per 1,000 members of the
33population of the city shall be derived from the ratio that the
34amount of neighborhood and community park acreage shown on
35the maps, records, or
reports of the county in which the newly
36incorporated city is located bears to the total population of the
37new city as determined pursuant to Section 11005 of the Revenue
38and Taxation Code. In making any subsequent calculations
39pursuant to this section, the county in which the newly incorporated
40city is located shall not include the figures pertaining to the new
P8 1city which were calculated pursuant to this paragraph. Fees shall
2be payable at the time of the recording of the final map or parcel
3map, or at a later time as may be prescribed by local ordinance.
4(3) (A) The land, fees, or combination thereof are to be used
5only for the purpose of developing new or rehabilitating existing
6neighborhood or community park or recreational facilities to serve
7the subdivision, except as provided in subparagraph (B).
8(B) Notwithstanding subparagraph (A), fees may be used
for
9the purpose of developing new or rehabilitating existing park or
10recreational facilities in a neighborhood other than the
11neighborhood in which the subdivision for which fees were paid
12as a condition to the approval of a tentative map or parcel map is
13located, if all of the following requirements are met:
14(i) The neighborhood in which the fees are to be expended has
15fewer than three acres of park area per 1,000 members of the
16neighborhood population.
17(ii) The neighborhood in which the subdivision for which the
18fees were paid has a park area per 1,000 members of the
19neighborhood population ratio that meets or exceeds the ratio
20calculated pursuant to subparagraph (A) of paragraph (2), but in
21no event is less than three acres per 1,000 persons.
22(iii) The legislative body holds a public hearing before using
23the fees
pursuant to this subparagraph.
24(iv) The legislative body makes a finding supported by
25substantial evidence that it is reasonably foreseeable that future
26inhabitants of the subdivision for which the fee is imposed will use
27the proposed park and recreational facilities in the neighborhood
28where the fees are used.
29(v) The fees are used within a specified radius that complies
30with the city’s or county’s ordinance adopted pursuant to
31subdivision (a), and are consistent with the adopted general plan
32or specific plan of the city or county. For purposes of this clause,
33“specified radius” includes a planning area, zone of influence, or
34other geographic region designated by the city or county, that
35otherwise meets the requirements of this section.
36(4) The legislative body has adopted a general plan or specific
37plan containing
policies and standards for parks and recreational
38facilities, and the park and recreational facilities are in accordance
39with definite principles and standards.
P9 1(5) The amount and location of land to be dedicated or the fees
2to be paid shall bear a reasonable relationship to the use of the
3park and recreational facilities by the future inhabitants of the
4subdivision.
5(6) (A) The city, county, or other local public agency to which
6the land or fees are conveyed or paid shall develop a schedule
7specifying how, when, and where it will use the land or fees, or
8both, to develop park or recreational facilities to serve the residents
9of the subdivision. Any fees collected under the ordinance shall
10be committed within five years after the payment of the fees or the
11issuance of building permits on one-half of the lots created by the
12subdivision, whichever occurs later.
If the fees are not committed,
13they, without any deductions, shall be distributed and paid to the
14then record owners of the subdivision in the same proportion that
15the size of their lot bears to the total area of all lots within the
16subdivision.
17(B) The city, county, or other local agency to which the land or
18fees are conveyed or paid may enter into a joint or shared use
19agreement with one or more other public districts in the
20jurisdiction, including, but not limited to, a school district or
21community college district, in order to provide access to park or
22recreational facilities to residents of subdivisions with fewer than
23three acres of park area per 1,000 members of the population.
24(7) Only the payment of fees may be required in subdivisions
25containing 50 parcels or less, except that when a condominium
26project, stock cooperative, or community apartment project, as
27those terms
are defined in Sections 4105, 4125, and 4190 of the
28Civil Code, exceeds 50 dwelling units, dedication of land may be
29required notwithstanding that the number of parcels may be less
30than 50.
31(8) Subdivisions containing less than five parcels and not used
32for residential purposes shall be exempted from the requirements
33of this section. However, in that event, a condition may be placed
34on the approval of a parcel map that if a building permit is
35requested for construction of a residential structure or structures
36on one or more of the parcels within four years, the fee may be
37required to be paid by the owner of each parcel as a condition of
38the issuance of the permit.
39(9) If the subdivider provides park and recreational
40improvements to the dedicated land, the value of the improvements
P10 1together with any equipment located thereon shall be a credit
2against the payment of fees or
dedication of land required by the
3ordinance.
4(b) Land or fees required under this section shall be conveyed
5or paid directly to the local public agency which provides park
6and recreational services on a communitywide level and to the
7area within which the proposed development will be located, if
8that agency elects to accept the land or fee. The local agency
9accepting the land or funds shall develop the land or use the funds
10in the manner provided in this section.
11(c) If park and recreational services and facilities are provided
12by a public agency other than a city or county, the amount and
13location of land to be dedicated or fees to be paid shall, subject
14to paragraph (2) of subdivision (a), be jointly determined by the
15city or county having jurisdiction and that other public agency.
16(d) This section does not apply
to commercial or industrial
17subdivisions or to condominium projects or stock cooperatives
18that consist of the subdivision of airspace in an existing apartment
19building that is more than five years old when no new dwelling
20units are added.
21(e) Common interest developments, as defined in Section 4100
22of the Civil Code, shall be eligible to receive a credit, as
23determined by the legislative body, against the amount of land
24required to be dedicated, or the amount of the fee imposed,
25pursuant to this section, for the value of private open space within
26the development which is usable for active recreational uses.
27(f) Park and recreation purposes shall include land and facilities
28for the activity of “recreational community gardening,” which
29activity consists of the cultivation by persons other than, or in
30addition to, the owner of the land, of plant material not for sale.
31(g) As used in this section with regard to the expenditure of fees,
32the term “fee” includes any interest income generated from a fee
33charged and collected pursuant to this section.
34(h) This section shall be known, and may be cited, as the Quimby
35Act.
36(i) This section shall become operative on January 1, 2021.
The amendment of Section 66477 of the Government
39Code made by this act does not constitute a change in, but is
40declaratory of, existing law. The Legislature further finds and
P11 1declares that any locally adopted ordinance or regulation that is
2consistent with the amendment of Section 66477 of the
3Government Code made by this act is valid.
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97