HomeMy WebLinkAboutItem 07 - Quimby - Mitigation Fee Act Master Fee Schedule Change
Department Name: Community Development
Cost Center: 4001
For Agenda of: March 2, 2021
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Nanika Kala, Administrative Analyst
SUBJECT: QUIMBY/MITIGATION FEE ACT MASTER FEE SCHEDULE CHANGE
RECOMMENDATION
Approve a change in fee terminology for the Citywide Parkland and Improvement Development
Fees governed by the Subdivision Map Act and Mitigation Fee Act by land use type.
DISCUSSION
Background
The Quimby Act applies to certain new subdivisions in the City and requires the dedication of
parkland or payment of an in-lieu fee (“parkland in-lieu fee”) “for the purpose of developing new
or rehabilitating existing neighborhood or community park or recreational facilities to serve the
subdivision" (Cal. Gov. Code § 66477(a)(3)(A)). In 1994, the City established a parkland in-lieu
fee under the Quimby Act that applies to new single-family developments and multifamily
condominium developments in the City of San Luis Obispo.
In Spring 2018, Council approved the establishment of park development impact fees under the
Mitigation Fee Act. These fees are different than the Quimby Act fees that apply specifically to
single-family and condominium subdivisions. There are two fee components to the park
development impact fees approved in 2018: one for parkland acquisition, and one for
construction of park improvements.
Single family and multifamily development parcels created through the Subdivision Map Act do
not pay the parkland component of the 2018 development impact fees since they are subject to
the City’s parkland in-lieu fee under the Quimby Act. However, such developments are required
to pay the City’s park improvement development impact fee.
The current fee schedule (Attachment 1) has mis-labeled the parkland acquisition component of
the Mitigation Fee Act as a Quimby fee when it is not. As a result, staff is requesting the fees be
split out by land use type (subdivision and non-subdivision) and the fee names be updated (see
Table 1) to avoid confusion in the future. Note that the fee amounts are not changing, just the
terminology to provide ease of comprehension and better clarity to the public.
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Table 1: Proposed Updated Parkland Fees in the FY 20-21 Master Fee Schedule
Citywide Parkland and Improvement Development Fees (Outside of Expansion Areas) [1]
2020-21
Quimby Act
Parkland In-
Lieu Fee
Mitigation Fee
Act Parkland
Impact Fee
Mitigation Fee Act
Park Improvement
Impact
Residential Subdivision [2]
Single Family (per Dwelling Unit) $3,310.72 n/a $3,025.98
Multifamily Condominium (per Dwelling unit) $2,384.01 n/a $2,179.13
Residential, No Subdivision
Single Family (per Dwelling Unit) n/a $3,310.72 $3,025.98
Multifamily Apartment (per Dwelling unit) n/a $1,530.85 $2,179.13
[1] Development in the MASP, OASP, Avila Ranch, or San Luis Ranch areas will meet park and recreation
obligations per the terms of applicable Specific Plans and/or Development Agreements.
[2] Single family and multifamily development on parcels created through the Subdivision Map Act do not pay the
parkland component of development impact fee. Rather, parkland requirements are met through the Parkland in -lieu
Fee (Quimby Act).
Sources: City of San Luis Obispo, Economic & Planning Systems, Inc.
Previous Council or Advisory Body Action
In 2018, Council approved the establishment of park development impact fees under the
Mitigation Fee Act.
Policy Context
Subdivisions are required under the Quimby Act, which is within the Subdivision Map Act, to
dedicate parkland, or pay a fee in lieu of dedication (“parkland in-lieu fee”) that the local agency
can use “for the purpose of developing new or rehabilitating existing neighborhood or
community park or recreational facilities to serve the subdivision" unless specific requirements
apply. (Cal. Gov. Code § 66477(a)(3)(A).) Fees established under the Mitigation Fee Act
collected for improvements to existing parks “shall not include the costs attributable to existing
deficiencies in public facilities but may include the costs attributable to the increased demand for
public facilities reasonably related to the development project in order to (1) refurbish existing
facilities to maintain the existing level of service; or (2) achieve an adopted level of service that
is consistent with the general plan.” (Cal. Gov. Code § 66001(g).)
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CONCURRENCE
The Finance Department and Parks and Recreation Department concur with this
recommendation.
ENVIRONMENTAL REVIEW
If not a project use: The California Environmental Quality Act does not apply to the
recommended action in this report, because the action does not constitute a “Project” under
CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2020-21
Funding Identified: N/A
Fiscal Analysis:
The recommendation is for an adjustment to the master fee schedule for the purpose of clarity
and does not have a fiscal impact because the fee amounts and method of applying the fees are
not changing.
ALTERNATIVES
Council could deny the request to update the Master Fee Schedule, staff does not recommend
this action as approving these changes helps clarify to developers and the public which fees
apply to which developments.
Attachments:
a - Parkland Fees as listed in Current FY 20-21 Master Fee Schedule
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