HomeMy WebLinkAboutMINUTES - 03122002 - C16 TO: BOARD OF SUPERVISORS
�; r �• CONTRA
FROM: John Sweeten; County Administrator COSTA
COUNTY
a
DATE: March 12, 2002
SUBJECT: AB"`2936 (Aroner) -Sponsor
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
SPONSOR AB 2936 (Aroner), which would expand the use ,of park dedication fees to include
preparation of plans for park and recreational facilities, including master plans for new parks.
BACKGROUNDIREASON(Sl FOR RECOMMENDATION(S)
The County's 2042 Legislative Program includes the following platform position:
Sponsor legislation to amend`the Quimby Act to authorize the use of park dedication fees
to develop a countywide park master plan.
There is currently an unmet need for park facilities serving established neighborhoods in Contra
Costa County, particularly in areas of new infill development. Since the County does..not have aI
countywide`'master plan for park facilities, we have 'been•forced to develop park facilities as part
of a specific development proposal or another agency's project. This has resulted in facilities that
are not optimally sized or located to meet neighborhood or communitywide needs; This unmet
need for park facilities is detrimental to the County's smart growth policy objectives.
Currently, the Quimby Act, Government Code Section 6 477 authorizes the collection of fees
from developers for the purpose of developing new, or rehabilitating existing, neighborhood or
communitywide park or recreational facilities. AB 2936 (Groner) would extend the authorized use
of such fees to include planning for park facilities, including master plans for new parks.
CONTINUED ON ATTACHMENT:�YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR_,,,.RECOMMENDATION OF COMMITTEE
DROVE —OTHER
SIGNATURE(S): � '/
ACTION OF BOARD 4 arc 'U APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS(ABSENT None ) TRUE ANDCORRECTCOPY OF AN
AYES NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Sara Hoffman,335-1090
ATTESTED Mare 72. 2002:.
JOHN SWEETEN,CLERK OF
THE BOARD OF SUPERVISORS
cc: CAO <
AND COUNTY ADMINISTRATOR
Dennis Barry,Community Development
John Kopehik,Community Development BY. DEPUTY
County Lobbyist
CKQ PAN R REC MMELIDAT l C V
Development of a countywide master plan for park facilities would allow the County to more
effectively plan for the development of pork facilities in established areas; to leverage funds with city
schools and ether agencies; and to assess future operational and maintenance needs. The result
would be park facilities that batter meet the needs of neighborhood and cornimnity residents.
CALIFORNIA LEMLA'IURE 2iO -02 REGULAR SESSION
ASSEMBLY BILL No. 2336
Introduced by Assembly Member Aroner
February 25,2€02
An act to amend'Section 66477 of the Government Code,relating to
land use.
LwIsLAT COUidSU'S DIGEST
AB 2936, as introduced, droner. The Quimby Act: parks and
recreation.
The Quimby Act authorizes the legislative body of a city or county
to rewire the dedication of land or impose fees for park or recreational
purposes as: a condition to the approval of a tentative or parcel
subdivision map if specified requirements are met.The act defines park
and recreation purposes to include land and facilities for the activity of
"recreational community gardening,"as preseribed.
This bill would provide that park and recreation purposes also
includes the preparation of platy for park and recreational'facilities,
including master plans for the provision of new parks'within a region,
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program:no.
The people of the State of California do enact as follows;
I SECTION 1. Section '66477 of the Government Code is
2 amended to read:
3 66477. (a) The legislative body of a city or county may,by
4 ordinance,require the dedication of land or impose a requirement
5 of the payment of fees in lieu thereof,or a combination of both,for
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AB 2936 —2-
1 park or recreational primes as a=.condition to the approval of a'
2 tentative map or parcel map,if all of the following requirements
3 are met:
4 (1) The ordinance has been in effect for a period of 30 days
5 prior to the filing of the tentative rap of the subdivision or parcel
6 map.
7 (2) 'The ordinance inch definite standards for determining
8 the proportion of a subdivision to be dedicated and the amount of
9 any fee to be paid in lieu thereof.The amount of land dedicated or
10 fees paid shall be based upon the residential density,which shall
11 be determined on the basis of the approved or conditionally
12 approved tentative reap or peel map and the average number of
13 persons per household. There shall be a rebuttable presumption
14 that the average number of persons per household by units in a
15 structure is the same as that disclosed by the most recent available
16 federal census or a emus taken pursuant to Chapter; 17
17 (commencing with Section 40200)'of Part 2 of Division 3 of Title
18 4.However,the dedication of I"or the payment of fees,or both,
19 shalt not exceed the proportionate amount necessary to provide'
20 three acres of park area per 1,0persons residing within a
21 subdivision subject to this section,unless the amount of existing
22 neighborhood and community park:area,as calculated pursuant to
23 this subdivision,exceeds that limit, in which case the legislative'
24 body may adopt the calculated amount as`a higher standard not to
25 exceed five acres per- 1,000 persons residing within a subdivision'
26 subject to this section.
27 (A) The park area per 1,000 members of the population of the
28 city,county,or local public agency shall be derived from the ratio
29 that the amount of neighborhood and community park acreage
30 bears to the total population of the city, county, or local public
31 agency,as shown in the most recent available federal census.The
32 amount ofn eighborhood and community park acreage shall be the
33 actual acreage of existing neighborhood and community parks of
34 the city, county, or local public agency as shown on its records,
35 plans,recreational element,''maps,or reports as of the date of the
36 most recent available federal census.
37 (B) For cities incorporated after the date of the most recent
38 available federal census,the park area per 1,000 members of the
39 population of the city shall be derived from the ratio that the
40 amount of neighborhood and community park acreage shown on
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1 the records, maps, or reports of the county in which the newly
2 incorporated city is located bears to the total population of the new
3 city as determined pursuant to Section 11 005 of the Revenue and
4 Taxation Code.In making any subsequent calculations pursuant to
5 this section, the county in which the newly incorporated city is
6 located shall not include the figures pertaining;to the new city
7 which were calculated pursuant to this paragraph. Fees shall be
8 payableat the time of the recording'of the final snap or parcel map
9 or at a later time as may be prescribed by local ordinance.
10 (3) The land,fees,or combination thereof are to be used only;
11 for the pulse of developing new or rehabilitating existing
12 neighborhood or community park or recreational Facilities to serve
13 the subdivision.
14 (4) The legislative body has adopted a general plan or specific
15 plan containing policies and standards for pants and recreation
16 facilities,and the park and recreational facilities are in accordance
17 with definite principles and standards.
18 (5) The amount and location of land to be dedicated or the fees
19 to be paid shall bear a'reasonable relationship to the use of the park
20 and recreational facilities''by the future inhabitants of the
21 subdivision.
22 (6) The city,county,or ether local public agcy to which the
23 land or fees are conveyed or paid shall develop a''schedule
24 specifying how, when, and where it will use the land or fees, or
25 both,to develop parr or recreational facilities to serve the residents
26 of the subdivision.Any fees collected under the ordinance shall be
27 committed within five years alter the payment of the fees or the
28 issuance of building permits on one-half of the lots created by the
29 subdivision,whichever occurs later If the fees are not committed
3€1 they,without any deductions,shall be distributed and paid to the
31 then record owners of the subdivision in the same proportion that
32 the size of their lot beau to the total area of all lots within the
33 subdivision.
34 (7) Only the payment of fees may be required in subdivisions
35 containing 50 parcels or less, except that when:a condominium`
36 project, stock cooperative, or community apartment project, as
37 those terms are defined in Section 1351 of the Civil Cade,exceeds
38 50 dwelling units, dedication of land may be required
39 notwithstanding that the number of parcels may be less than 50.
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AB '2936 —4-
1
41 (8) Subdivisions containing less than fine parcels and not used
2 for residential purges shall be exempted from the requirements
3 of this section_However,in that event,a condition may be placed
4 on the approval of'a parol map that if a buildingpermit is
5 requested for construction of a residential structure or structs
6 on one or more of the parcels within four years, the fee may be
7 required to be paid by the owner of each parcel as a condition of
8 the issuance of the permit
9 (9) If the subdivider' provides park and recreational
1€1 improvements to the dedicated land, the value of the
11 improvements together with any equipment located thereon shall
12 be a credit against the payment of fees or dedication of land
13 required by the ordinance.
14 (b) band or fees required under this section shall be conveyed
15 or paid directly to the local public agency which provides park and
16 recreational services on a communitywide level and to the area
17 within which the proposed'development will be located, if that
18 agency elects to accent the land or fee.The local agency accepting
19 the land or hinds shall develop the land'or use the farads in the
20 'manner provided in this section
21 (c) If park and recreational services and facilities are provided
22 by a public agency other than a city or a county,the amount and
23 location of laud to be dedicated or fees to be paid shall,subject to
24 paragraph(2)of subdivision(a),be jointly determined by the city
25 or county having jurisdiction and Haat other public agency';
26 (d) This section does not apply to commercial or industrial
27 subdivisions or to condominium projects or stock cooperatives
28 that consist of subdivision of airspace in an existing'apartment
29 building that is more than five years old when no new dwelling
30 units are added.
31 (e) Common interest developments,as defined in Section 1351
32 of the Civil 'Cade,' shall be eligible to receive a,credit, as
33 determined by the legislative body, against the amount of land
34 required to be dedicated, or the amount of the fee imposed,
35 pursuant to this section,for the value of private open space within
36 the development which is usable for active recreational uses,
37 (f) Park and recreation purposes shall include 4md either of the
38 following:
39 (1) Lancs' and facilities' for the activity of "recreational
40 community gardening,"which activity consists of the cultivation
44'
-- AB 2936
1 by persons other than,or in addition to,the owner of the land,of
2 ,plant material not for sale.`'
3 (2) The preparation of plans for park and recreational
4 facilities, including master plans for the provision of new parrs
5 within to region.
6 (g) This section shall be know and may be cited as the Quimby
7` Act.
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