California SB 315

The Quimby Act, which is 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 to the approval of a tentative map or parcel subdivision map if specified requirements are met. The act provides that the dedication of land, or the payment of fees, or both, shall not exceed the proportionate amount necessary to provide 3 acres of park area per 1,000 persons residing within a subdivision subject to the act, except as specified. This bill would additionally prohibit the proportion of the land to be dedicated, or the amount of any fee to be paid in lieu thereof, or both, from exceeding 25% of the total acreage of the subdivision, if the proposed subdivision is for infill housing. The bill would also prohibit the legislative body of a city or county from requiring the dedication of land or the payment of fees in lieu thereof, if the proposed subdivision is for infill housing and the subdivision is located within 12 mile of an existing park. The Mitigation Fee Act, among other things, requires a local agency that imposes a fee as a condition of approval of a development project to deposit the fee in a separate capital facilities account or fund, and to make certain information about the account or fund available to the public annually, as specified. The Mitigation Fee Act generally excepts fees imposed pursuant to the Quimby Act from its provisions. This bill would, notwithstanding that exception, require fees collected pursuant to the Quimby Act to comply with the requirement to deposit the fee in a separate capital facilities account or fund and to comply with the public reporting requirements described above. By increasing the duties of local officials, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.