The Quimby Act is Amended to Allow Cities and Counties to Create Greater Park Access


Quimby Act Fees Can Be Used for Parks in Neighborhoods Other Than Near Developer’s Subdivision

Governor Jerry Brown recently signed Assembly Bill 1359 (AB 1359) into law allowing cities and counties to use developer paid Quimby Act fees to provide parks in neighborhoods other than the one in which the developer’s subdivision is located. Previously, a city or county could only use these fees to provide parks that served the developer’s proposed subdivision. Overall, AB 1359 provides cities and counties with opportunities to improve parks and create new parks in areas that would not have benefited before.

The Quimby Act has long been used by public agencies to develop parkland and recreational facilities. The fee is imposed on developers as a condition of public agency approval of a tentative map or parcel map. Public agencies were limited, however, in how the funds could be used. In particular, cities and counties were required to use the fees for parks that served the developer’s proposed subdivision. AB 1359 has now lifted this limitation if certain requirements are met.

  1. The neighborhood where the city or county is proposing to use the fees to provide parks must have fewer than three acres of park area per 1,000 members.
  2. The neighborhood where the proposed subdivision is located must have at least three acres of park area or more per 1,000 members.
  3. The city or county must hold a public hearing before using the fees in another neighborhood.
  4. The city or county must find it reasonably foreseeable that the new subdivision’s residents will use the park facilities in the other neighborhood.
  5. And finally, the city or county must use the fees in areas consistent with the city or county’s local Quimby Act ordinance and General Plan.

AB 1359 makes one other addition to the Quimby Act. It now allows a city or county to enter into a joint or shared use agreement with one or more public districts in order to provide additional park and recreational access.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Best Best & Krieger LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.