AB 1191: Quimby Act: fees.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-08
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. 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 1/2 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.
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. 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 1/2 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.
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. 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 1/2 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.
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. 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 1/2 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.
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. 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 1/2 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.
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. 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 1/2 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.
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. The bill would provide that these provisions are declaratory of existing law.
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.
(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 citys or countys 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)(i)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.
(ii)Notwithstanding clause (i), a city with a population of three million or more may commit interest accrued on or before January 1, 2016, on fees charged pursuant to this section, without regard to the date the fee was collected or the date of issuance of building permits on one-half 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.
(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 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.
(h)This section shall be known, and may be cited, as the Quimby Act.
(i)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 2.Section 66477 is added to the Government Code, 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 citys or countys 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 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.
(h)This section shall be known, and may be cited, as the Quimby Act.
(i)This section shall become operative on January 1, 2021.
SEC. 3.The amendment of Section 66477 of the Government Code made by this act does not constitute a change in, but is declaratory of, existing law. The Legislature further finds and declares that any locally adopted ordinance or regulation that is consistent with the amendment of Section 66477 of the Government Code made by this act is valid.
(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 citys or countys 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)(i)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.
(ii)Notwithstanding clause (i), a city with a population of three million or more may commit interest accrued on or before January 1, 2016, on fees charged pursuant to this section, without regard to the date the fee was collected or the date of issuance of building permits on one-half 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.
(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 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.
(h)This section shall be known, and may be cited, as the Quimby Act.
(i)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 2.Section 66477 is added to the Government Code, 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 citys or countys 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 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.
(h)This section shall be known, and may be cited, as the Quimby Act.
(i)This section shall become operative on January 1, 2021.
SEC. 3.The amendment of Section 66477 of the Government Code made by this act does not constitute a change in, but is declaratory of, existing law. The Legislature further finds and declares that any locally adopted ordinance or regulation that is consistent with the amendment of Section 66477 of the Government Code made by this act is valid.
(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 citys or countys 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)(i)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.
(ii)Notwithstanding clause (i), a city with a population of three million or more may commit interest accrued on or before January 1, 2016, on fees charged pursuant to this section, without regard to the date the fee was collected or the date of issuance of building permits on one-half 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.
(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 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.
(h)This section shall be known, and may be cited, as the Quimby Act.
(i)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 2.Section 66477 is added to the Government Code, 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 citys or countys 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 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.
(h)This section shall be known, and may be cited, as the Quimby Act.
(i)This section shall become operative on January 1, 2021.
SEC. 2.SEC. 3.The amendment of Section 66477 of the Government Code made by this act does not constitute a change in, but is declaratory of, existing law. The Legislature further finds and declares that any locally adopted ordinance or regulation that is consistent with the amendment of Section 66477 of the Government Code made by this act is valid.
(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 citys or countys 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 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.
(h)This section shall be known, and may be cited, as the Quimby Act.
SEC. 2.The amendment of Section 66477 of the Government Code made by this act does not constitute a change in, but is declaratory of, existing law. The Legislature further finds and declares that any locally adopted ordinance or regulation that is consistent with the amendment of Section 66477 of the Government Code made by this act is valid.
(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 citys or countys 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.
|
Date
|
Status
|
|---|---|
| Jun 18, 2015 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Sep 8, 2015 | Chaptered by Secretary of State - Chapter 276, Statutes of 2015. |
| Sep 8, 2015 | Approved by the Governor. |
| Aug 24, 2015 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 17, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.). |
| Aug 17, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2462.). |
| Jul 16, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1987.). |
| Jul 16, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jul 16, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 14 pursuant to Assembly Rule 77. |
| Jul 13, 2015 | Ordered to special consent calendar. |
| Jul 2, 2015 | Read second time. Ordered to third reading. |
| Jul 1, 2015 | From committee: Do pass. (Ayes 7. Noes 0.) (July 1). |
| Jun 24, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F. |
| Feb 27, 2015 | Introduced. To print. |
| Jun 11, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 4, 2015 | Referred to Com. on GOV. & F. |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1553.) |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 22, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 19, 2015 | Read second time. Ordered to third reading. |
| May 18, 2015 | Read second time and amended. Ordered returned to second reading. |
| May 14, 2015 | From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (May 13). |
| Mar 23, 2015 | Referred to Com. on L. GOV. |
| Mar 2, 2015 | Read first time. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 17, 2015 | AB 1191 NAZARIAN Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jul 16, 2015 | Special Consent #5 AB1191 Nazarian | Senate Floor |
Passed |
|
| Jul 1, 2015 | Do pass | Senate Standing Committee on Governance and Finance |
Passed |
|
| May 22, 2015 | AB 1191 NAZARIAN Assembly Third Reading | Assembly Floor |
Passed |
|
| May 13, 2015 | Do pass as amended. | Assembly Standing Committee on Local Government |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Los Angeles, City Of | ** Support | Aug 17, 2015 |
AB 1191
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 1191
(Nazarian)
As Amended June 24, 2015
Majority vote
ASSEMBLY: |
74-0 |
(May 22, 2015) |
SENATE: |
38-0 |
(July 16, 2015) |
Original Committee Reference: L. GOV.
SUMMARY: Allows the City of Los Angeles to spend proceeds from accrued interest on fee revenues collected pursuant to the Quimby Act for specified purposes.
The Senate amendments:
Allow a city with a population of at least three million (Los Angeles) to commit interest accrued on or before January 1, 2016, on fees charged pursuant to the Quimby Act, without regard to the date the fee was collected or the date of issuance of building permits on one-half of the lots created by the subdivision, outside the subdivision for which the fees were collected, if the city:
Holds a public hearing before committing the interest; and,
Uses the interest to develop new, or rehabilitate existing, neighborhood or community parks or recreational facilities within the city.
Sunset the provisions contained in 1) above, on January 1, 2021, on which date that authority will be automatically repealed.
AS PASSED BY THE ASSEMBLY, this bill:
Defined the term "fee" for purposes of the Quimby Act to include any interest income generated from a fee charged and collected pursuant to the Quimby Act.
Stated that the addition of the language as specified in 1) above, does not constitute a change in, but is declaratory of, existing law, and states that the Legislature further finds and declares that any locally adopted ordinance or regulation that is consistent with 1) above, is valid.
FISCAL EFFECT: None
COMMENTS:
Quimby Act and Previous Legislation. Cities and counties have been authorized since the passage of the 1975 Quimby Act to pass ordinances that require developers to set aside land, donate conservation easements, or pay fees for park improvements. The Quimby Act was substantially amended in 1982 to further define acceptable uses of or restrictions on Quimby funds, and provide acreage/population standards and formulas for determining the exaction. One other major change was to specify that the exactions must be closely tied to a project's impacts as identified through traffic studies required by the California Environmental Quality Act, meaning that there has to be a "nexus."
To impose Quimby Act fees, the city or county must have a general plan or specific plan that contains policies and standards for park facilities. Prior to 2014, fees were required to bear a reasonable relationship to the proposed subdivision. Those fees could only be used for developing new parks or rehabilitating parks that serve that subdivision. As well, the Quimby Act requires that 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."
However, AB 1359 (Roger Hernández), Chapter 412, Statutes of 2013, made several changes to the Quimby Act. AB 1359 revised the requirements that needed to be met in order for Quimby Act fees to 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 fees were paid, as follows:
The neighborhood in which the fees are to be expended must have fewer than three acres of park area per 1,000 members of the neighborhood population;
The neighborhood in which the subdivision for which the fees were paid cannot have less than three acres per 1,000 members;
The legislative body must hold a public hearing before using the fees in this manner;
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; and,
The fees must be used within a "specified radius" that complies with the city's or county's ordinance adopted pursuant to the Quimby Act, and must be consistent with the adopted general plan or 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 AB 1359.
Bill Summary. This bill allows the interest income generated from a Quimby Act fee to be expended in the same manner as the fee itself, consistent with the provisions of the Quimby Act, and authorizes the City of Los Angeles to commit interest accrued on or before January 1, 2016, without regard to the date the fee was collected, and to be used outside the subdivision for which the fees were collected. In order to use the interest in this manner, the city must hold a public hearing, and use the interest to develop new, or rehabilitate existing, neighborhood or community parks or recreational facilities within the city. This authority for the City of Los Angeles will sunset January 1, 2021, on which date the authority will be automatically repealed.
This bill also clarifies that the treatment of interest income in this manner does not constitute a change in, but is declaratory of existing law, and that any locally adopted ordinance or regulation that is consistent with this interpretation is valid. This bill is sponsored by the City of Los Angeles.
Author's Statement. According to the author, "State law does not grant cities the statutory authority to use interest generated on Quimby fees for park development. Existing law ties the hands of local municipalities by making local Quimby resources inaccessible and used for their specified purpose. This bill makes long overdue clarifying changes in the law to give cities authority to utilize dormant funds. Specifically, this bill will ensure Quimby interest fees are used to create much needed public outdoor space."
According to the author, interest of Quimby fees has amounted to an estimated $15 million to $20 million in untapped Quimby revenue for the City of Los Angeles.
Arguments in Support. The City of Los Angeles argues that state law currently leaves these funds in limbo and prevents cities from using these funds for any public benefit.
Arguments in Opposition. None on file.
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958 FN: 0001148
AB 1191
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1191
Amended: 6/24/15 in Senate
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 7/1/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
ASSEMBLY FLOOR: 74-0, 5/22/15 - See last page for vote
DIGEST: This bill allows the City of Los Angeles to spend proceeds from accrued interest on fee revenues collected pursuant to the Quimby Act for specified purposes.
Existing law:
Sets out four criteria, pursuant to the Mitigation Fee Act (AB 1600, Cortese, 1987), that local officials must meet when charging developer impact fees:
Identify the fee’s purpose.
Identify the fee’s use.
Determine a reasonable relationship between the use of the fee and the type of development project.
Determine a reasonable relationship between the need for public facilities and the type of development project.
Controls, pursuant to the Subdivision Map Act, how counties and cities review and approve property owners’ requests to convert larger parcels into smaller lots. Local officials commonly attach scores of conditions when they approve tentative subdivision maps. Mainstream legal thinking holds that counties and cities have three sources of authority to impose conditions on proposed subdivisions:
Conditions to make the subdivision consistent with the local general plan.
Conditions to mitigate a subdivision’s environmental impacts.
Conditions that the Map Act specifically authorizes.
Allows, pursuant to the Quimby Act, counties and cities to require subdividers to dedicate land, or pay in-lieu fees for parks as a condition of approving a new subdivision.
Requires that, 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. Quimby Act fees must “bear a reasonable relationship” to the proposed subdivision. Counties and cities can use the Quimby Act fees only for developing new parks or rehabilitating parks that serve that subdivision.
Allows, as an exemption, a county or city to use Quimby Act fees to 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 if specified requirements are met (AB 1359, Hernández, Chapter 412, Statutes of 2013).
Requires that fees collected by local governments pursuant to the Quimby Act must 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, must 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.
This bill:
Allows a city with a population of at least three million to commit interest accrued on or before January 1, 2016, on fees charged pursuant to the Quimby Act, without regard to the date the fee was collected or the date of issuance of building permits on one-half of the lots created by the subdivision, outside the subdivision for which the fees were collected if the city:
Holds a public hearing before committing the interest, and
Uses the interest to develop new, or rehabilitate existing, neighborhood or community parks or recreational facilities within the city.
Directs that the authority for a city to commit interest on Quimby Act fees subject to the conditions described above will remain in effect only until January 1, 2021, on which date that authority will be automatically repealed.
Specifies that, with regard to the expenditure of Quimby Act fees, the term “fee” includes any interest income generated from a fee charged and collected pursuant to the Quimby Act.
States that its provisions do not constitute a change in, but are declaratory of, existing law and that any locally adopted ordinance or regulation that is consistent with this bill’s provisions is valid.
Background
For many years, the City of Los Angeles accounted for interest income generated by Quimby Act fees in a manner that now prevents the City from connecting specific amounts of interest income with fees paid for any particular subdivision at any particular time. Because the language in the Quimby Act does not specifically address the use of interest income generated from fees, city officials worry that their authority to spend that interest income for park projects is, at best, ambiguous. They want the Legislature to clarify the statutory authority to spend interest income from Quimby Act fees and allow the City of Los Angeles to spend interest proceeds accrued until January 1, 2016, for specified park projects.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
City of Los Angeles
None received
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Chu, O'Donnell, Olsen, Waldron, Weber
Prepared by: Brian Weinberger / GOV. & F. / (916) 651-4119
7/2/15 11:39:13
**** END ****
AB 1191 (Nazarian) 6/24/15 Page 4 of 4
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert Hertzberg, Chair
2015 - 2016 Regular
Bill No: |
AB 1191 |
Hearing Date: |
7/1/15 |
Author: |
Nazarian |
Tax Levy: |
No |
Version: |
6/24/15 |
Fiscal: |
No |
Consultant: |
Weinberger |
||
QUIMBY ACT FEES
Allows the City of Los Angeles to spend proceeds from accrued interest on fee revenues collected pursuant to the Quimby Act for specified purposes.
Background and Existing Law
Because land development in California is a privilege and not a property right, counties and cities can use their general police powers to impose conditions when approving development projects. The Mitigation Fee Act (AB 1600, Cortese, 1987) sets out four criteria that local officials must meet when charging developer impact fees:
Identify the fee’s purpose.
Identify the fee’s use.
Determine a reasonable relationship between the use of the fee and the type of development project.
Determine a reasonable relationship between the need for public facilities and the type of development project.
The Subdivision Map Act controls how counties and cities review and approve property owners’ requests to convert larger parcels into smaller lots. Local officials commonly attach scores of conditions when they approve tentative subdivision maps. Mainstream legal thinking holds that counties and cities have three sources of authority to impose conditions on proposed subdivisions:
Conditions to make the subdivision consistent with the local general plan.
Conditions to mitigate a subdivision’s environmental impacts.
Conditions that the Map Act specifically authorizes.
The Quimby Act is the part of the Subdivision Map Act that allows counties and cities to require subdividers to dedicate land, or pay in-lieu fees for parks as a condition of approving a new subdivision. To impose Quimby Act fees, the county or city must have a general plan or a specific plan that contains policies and standards for park facilities. Quimby Act fees must "bear a reasonable relationship" to the proposed subdivision. Counties and cities can use the Quimby Act fees only for developing new parks or rehabilitating parks that serve that subdivision. However, as an exception, the Quimby Act allows fees to 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 if specified requirements are met (AB 1359, Hernández, Chapter 412, Statutes of 2013).
Fees collected by local governments pursuant to the Quimby Act must 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, must 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.
For many years, the City of Los Angeles accounted for interest income generated by Quimby Act fees in a manner that now prevents the City from connecting specific amounts of interest income with fees paid for any particular subdivision at any particular time. Because the language in the Quimby Act does not specifically address the use of interest income generated from fees, city officials worry that their authority to spend that interest income for park projects is, at best, ambiguous. They want the Legislature to clarify the statutory authority to spend interest income from Quimby Act fees and allow the City of Los Angeles to spend interest proceeds accrued until January 1, 2016 for specified park projects.
Proposed Law
Assembly Bill 1191 allows a city with a population of at least 3 million to commit interest accrued on or before January 1, 2016, on fees charged pursuant to the Quimby Act, without regard to the date the fee was collected or the date of issuance of building permits on one-half of the lots created by the subdivision, outside the subdivision for which the fees were collected if the city:
Holds a public hearing before committing the interest, and
Uses the interest to develop new, or rehabilitate existing, neighborhood or community parks or recreational facilities within the city.
AB 1191 directs that the authority for a city to commit interest on Quimby Act fees subject to the conditions described above will remain in effect only until January 1, 2021, on which date that authority will be automatically repealed.
AB 1191 specifies that, with regard to the expenditure of Quimby Act fees, the term “fee” includes any interest income generated from a fee charged and collected pursuant to the Quimby Act.
The bill states that its provisions do not constitute a change in, but are declaratory of, existing law and that any locally adopted ordinance or regulation that is consistent with the bill’s provisions is valid.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. According to the City of Los Angeles, ambiguities in state law prevent the city from committing more than $17 million in interest proceeds from Quimby Act fees for park projects. These interest proceeds which are currently in legal “limbo” were deposited in a way that prevents city officials from being able to account for which specific subdivisions generated the interest or how long specific amounts of interest have been held by the city. As a result, there is no clear authority in current law under which the city could either return funds to property owners in specific subdivisions, or spend the funds on park projects that directly benefit specific subdivisions associated with the interest proceeds. AB 1191 seeks to prevent interest on Quimby Act fees from being handled separately from the principal amount of the fees by clarifying, that the Quimby Act’s restriction on the use of fee revenues also apply to the interest earned on Quimby Act fees. AB 1191 also grants the City of Los Angeles the authority to spend the interest proceeds that it accrues through the end of 2015 in a manner that is broadly consistent with the purposes of the Quimby Act, but which is not specifically bound by the Act’s time limit on fee expenditures or on the Act’s requirements relative to specific subdivisions. In doing so, AB 1191 will benefit the public by ensuring that the City of Los Angeles can use more than $17 million in Quimby Act interest proceeds for their intended park development and rehabilitation purposes.
2. Moral hazard? AB 1191 grants Los Angles officials additional flexibility in how they spend Quimby Act fee interest that has accrued over a number of years. This could be seen as rewarding the city for handling interest income in a manner that didn’t require interest proceeds to remain strictly attached to the principal amount of fee income from which the interest was generated. As a result, AB 1191 may have the unintended consequence of suggesting that strict accounting for Quimby Act fees is unnecessary, because the Legislature will grant local governments a reprieve in response to similar problems with intermingled interest proceeds in the future. To foreclose this possibility, the Committee may wish to consider amending AB 1191 to clarify that interest proceeds that accrue after January 1, 2016 which cannot be attributed to a specific subdivision must be allocated among all persons who paid a Quimby Act fee within a city or county in the preceding fiscal year.
3. Only L.A? AB 1191 is narrowly drafted to apply only to cities with more than 3 million residents, a category which encompasses only the City of Los Angeles. It is unknown whether other cities have taken similar approaches to accounting for their Quimby Act fees and whether they also have interest proceeds that can neither be spent nor refunded under current law. The authority to spend Quimby Act fees that AB 1191 grants to L.A. may need to be extended to other jurisdictions that currently face a dilemma similar to the one that confronts L.A.
4. Let’s be clear. AB 1191 states that the bill’s provisions are declaratory of existing law. However, this statement is meant to apply only to the clarification that the Quimby Act’s requirements apply equally to the principal and interest on fees collected by local governments. The bill’s short-term authority for the City of Los Angeles to spend interest proceeds in a specified manner is clearly not declaratory of existing law. The Committee may wish to consider amending AB 1191 to more clearly identify which of AB 1191’s provisions are meant to be declaratory of existing law.
Assembly Actions
Assembly Local Government Committee: 9-0
Assembly Floor: 74-0
Support and Opposition
(6/25/15)
Support: City of Los Angeles.
Opposition: Unknown.
-- END --
AB 1191
Page 5
ASSEMBLY THIRD READING
AB 1191
(Nazarian)
As Introduced May 18, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Local Government |
9-0 |
Maienschein, Gonzalez, Alejo, Chiu, Cooley, Gordon, Holden, Linder, Waldron |
|
SUMMARY: Allows the interest income generated from a Quimby Act fee to be expended in the same manner as the Quimby Act fee, pursuant to the Quimby Act. Specifically, this bill:
Defines the term "fee" for purposes of the Quimby Act to include any interest income generated from a fee charged and collected pursuant to the Quimby Act.
States that the addition of the language as specified in 1), above, does not constitute a change in, but is declaratory of, existing law, and states that the Legislature further finds and declares that any locally adopted ordinance or regulation that is consistent with 1), above, is valid.
EXISTING LAW:
Establishes the Quimby Act as part of the Subdivision Map Act, and allows the legislative body of a city or county to, 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:
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;
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, as specified. 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;
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.
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. 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.
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 i), below.
Notwithstanding c), above, 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:
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;
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 as specified, but in no event is less than three acres per 1,000 persons;
The legislative body holds a public hearing before using the fees pursuant to this subparagraph;
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;
The fees are used within a specified radius that complies with the city’s or county’s ordinance adopted pursuant to 1) a) above, 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.
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.
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.
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.
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.
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.
Land or fees required 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.
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, as specified, be jointly determined by the city or county having jurisdiction and that other public agency.
FISCAL EFFECT: None
COMMENTS:
Bill Summary. This bill allows the interest income generated from a Quimby Act fee to be expended in the same manner as the fee itself, consistent with the provisions of the Quimby Act. This bill also clarifies that the treatment of interest income in this manner does not constitute a change in, but is declaratory of existing law, and that any locally adopted ordinance or regulation that is consistent with this interpretation is valid. This bill is sponsored by the City of Los Angeles.
Author's Statement. According to the author, "State law does not grant cities the statutory authority to use interest generated on Quimby fees for park development. Existing law ties the hands of local municipalities by making local Quimby resources inaccessible and used for their specified purpose. AB 1191 makes long overdue clarifying changes in the law to give cities authority to utilize dormant funds. Specifically, this bill will ensure Quimby interest fees are used to create much needed public outdoor space."
According to the author, interest of Quimby fees has amounted to an estimated $15 to $20 million in untapped Quimby revenue for the City of Los Angeles.
Quimby Act and Previous Legislation. Cities and counties have been authorized since the passage of the 1975 Quimby Act to pass ordinances that require developers to set aside land, donate conservation easements, or pay fees for park improvements. The Quimby Act was substantially amended in 1982 to further define acceptable uses of or restrictions on Quimby funds, and provide acreage/population standards and formulas for determining the exaction. One other major change was to specify that the exactions must be closely tied to a project's impacts as identified through traffic studies required by the California Environmental Quality Act, meaning that there has to be a "nexus."
To impose Quimby Act fees, the city or county must have a general plan or specific plan that contains policies and standards for park facilities. Prior to 2014, fees were required to bear a reasonable relationship to the proposed subdivision. Those fees could only be used for developing new parks or rehabilitating parks that serve that subdivision. As well, the Quimby Act requires that 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."
However, AB 1359 (Roger Hernández), Chapter 412, Statutes of 2013, made several changes to the Quimby Act. AB 1359 revised the requirements that needed to be met in order for Quimby Act fees to 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 fees were paid, as follows:
The neighborhood in which the fees are to be expended must have fewer than three acres of park area per 1,000 members of the neighborhood population;
The neighborhood in which the subdivision for which the fees were paid cannot have less than three acres per 1,000 members;
The legislative body must hold a public hearing before using the fees in this manner;
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; and,
The fees must be used within a "specified radius" that complies with the city's or county's ordinance adopted pursuant to the Quimby Act, and must be consistent with the adopted general plan or 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 bill.
Policy Considerations. The Legislature may wish to consider the following:
Interest Follows the Fee. The generally held principle on local finances is that the interest income follows the source, in this case the Quimby fee itself. The Legislature may wish to ask the author and sponsor about the City of Los Angeles' legal interpretation that they cannot expend the interest income in the same manner as the fee.
Explicit Prohibition vs. Implicit Understanding. The author and sponsor argue that the Quimby Act is silent on how interest income on Quimby fees can be used, and thereby prohibits the usage of interest income in the same manner as the fees themselves. However, there is no outright prohibition in the Quimby Act that prevents a local agency from doing this.
How Long? The Legislature may wish to ask the author and sponsor how long the $15 to $20 million has been sitting in accounts. The Quimby Act provides that any fees collected under the ordinance "shall be committed within five years after the payment of the fees or the issuance of the building permits on one-half of the lots created by the subdivision, whichever occurs later." The Quimby Act also provides that "if the fees are not committed, they, without any deductions, shall be distributed and paid 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."
Because this bill seeks to treat interest income in the same manner as Quimby fees, then the Legislature may wish to consider whether interest income sitting in an account for longer than five years would actually need to follow the above provisions and be returned.
Arguments in Support. The City of Los Angeles argues that state law currently leaves these funds in limbo and prevents cities from using these funds for any public benefit.
Arguments in Opposition. None on file.
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958 FN: 0000450
AB 1191
Page 5
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 1191
(Nazarian) – As Introduced February 27, 2015
SUBJECT: Quimby Act: fees.
SUMMARY: Allows the interest income generated from a Quimby Act fee to be expended in the same manner as the Quimby Act fee, pursuant to the Quimby Act.
EXISTING LAW:
Establishes the Quimby Act as part of the Subdivision Map Act, and allows the legislative body of a city or county to, 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:
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;
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, as specified. 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;
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.
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. 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.
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 i), below.
Notwithstanding c), above, 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:
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;
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 as specified, but in no event is less than three acres per 1,000 persons;
The legislative body holds a public hearing before using the fees pursuant to this subparagraph;
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;
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.
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.
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.
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.
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.
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.
Land or fees required 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.
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, as specified, be jointly determined by the city or county having jurisdiction and that other public agency.
FISCAL EFFECT: None.
COMMENTS:
Bill Summary. This bill allows the interest income generated from a Quimby Act fee to be expended in the same manner as the fee itself, consistent with the provisions of the Quimby Act.
This bill is sponsored by the City of Los Angeles.
Author's Statement. According to the author, "State law does not grant cities the statutory authority to use interest generated on Quimby fees for park development. Existing law ties the hands of local municipalities by making local Quimby resources inaccessible and used for their specified purpose. AB 1191 makes long overdue clarifying changes in the law to give cities authority to utilize dormant funds. Specifically, this bill will ensure Quimby interest fees are used to create much needed public outdoor space."
According to the author, interest of Quimby fees has amounted to an estimated $15 - $20 million in untapped Quimby revenue for the City of Los Angeles.
Quimby Act and Previous Legislation. Cities and counties have been authorized since the passage of the 1975 Quimby Act to pass ordinances that require developers to set aside land, donate conservation easements, or pay fees for park improvements. The Quimby Act was substantially amended in 1982 to further define acceptable uses of or restrictions on Quimby funds, and provide acreage/population standards and formulas for determining the exaction. One other major change was to specify that the exactions must be closely tied to a project's impacts as identified through traffic studies required by the California Environmental Quality Act (CEQA), meaning that there has to be a "nexus."
To impose Quimby Act fees, the city or county must have a general plan or specific plan that contains policies and standards for park facilities. Prior to 2014, fees were required to bear a reasonable relationship to the proposed subdivision. Those fees could only be used for developing new parks or rehabilitating parks that serve that subdivision. As well, the Quimby Act requires that 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."
However, AB 1359 (Hernández), Chapter 412, Statutes of 2013, made several changes to the Quimby Act. AB 1359 revised the requirements that needed to be met in order for Quimby Act fees to 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 fees were paid, as follows:
The neighborhood in which the fees are to be expended must have fewer than three acres of park area per 1,000 members of the neighborhood population;
The neighborhood in which the subdivision for which the fees were paid cannot have less than three acres per 1,000 members;
The legislative body must hold a public hearing before using the fees in this manner;
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; and,
The fees must be used within a "specified radius" that complies with the city's or county's ordinance adopted pursuant to the Quimby Act, and must be consistent with the adopted general plan or 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 bill.
Policy Considerations. The Committee may wish to consider the following:
Prospective Change? The provisions of the bill are not retroactive. Therefore, the $15 - $20 million that is “untapped” Quimby revenue in the city of Los Angeles will not be able to be used because the bill is prospective, taking effect January 1, 2016. The Committee may wish to ask the author to clarify whether the intent is to apply the bill retroactively.
Interest Follows the Fee. The generally held principle on local finances is that the interest income follows the source, in this case the Quimby fee itself. The Committee may wish to ask the author and sponsor about the City of Los Angeles' legal interpretation that they could not expend the interest income in the same manner as the fee.
Explicit Prohibition vs. Implicit Understanding. The author and sponsor argue that the Quimby Act is silent on how interest income on Quimby fees can be used, and thereby prohibits the usage of interest income in the same manner as the fees themselves. However, there is no outright prohibition in the Quimby Act that prevents a local agency from doing this.
Impact on Local Jurisdictions that are Already Using Interest Income in this Manner. Several jurisdictions, including Cathedral City, Yuba County, have adopted Quimby Act ordinances at the local level that specify that interest income shall be counted as part of the Quimby fee, and used for the purposes specified for the fees in the Quimby Act. The Committee may wish to consider whether the addition of this language in AB 1191 might be harmful to those jurisdictions that have already been treating interest income as Quimby fees, and whether the bill may call into question their legality in order to do so.
How Long? The Committee may wish to ask the author and sponsor how long the $15 - $20 million has been sitting in accounts? The Quimby Act provides that any fees collected under the ordinance "shall be committed within five years after the payment of the fees or the issuance of the building permits on one-half of the lots created by the subdivision, whichever occurs later.” The Quimby Act also provides that “if the fees are not committed, they, without any deductions, shall be distributed and paid 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.”
Because the bill seeks to treat interest income in the same manner as Quimby fees, then the Committee may wish to consider whether interest income sitting in an account for longer than five years would actually need to follow the above provisions and be returned.
Arguments in Support. The City of Los Angeles argues that state law currently leaves these funds in limbo and prevents cities from using these funds for any public benefit.
Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support Opposition
City of Los Angeles None on file
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958
Discussed in Hearing
1MIN
Assembly Floor
2MIN
Senate Standing Committee on Governance and Finance
1MIN
Assembly Floor
2MIN
Assembly Standing Committee on Local Government
Bill Author
Bill Co-Author(s):