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.
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.
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