1 ORDINANCE NO. 2065
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 3.24, ENTITLED “PARK AND RECREATION FACILITIES FEE,” AND CHAPTER 15.09, ENTITLED “PARK DEDICATION AND IN-LIEU FEES,” OF THE SAN RAFAEL MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. FINDINGS.
WHEREAS, the City of San Rafael (“City”) desires to update the San Rafael Municipal Code (“SRMC”) provisions regarding the City’s Park and Recreation Facilities Fee and Park Dedication and In-Lieu Fees; and
WHEREAS, the Mitigation Fee Act, contained in Government Code section 66000 et seq., permits the City to impose development impact fees on new development for the purposes of funding the public facilities necessary to serve that new development; and WHEREAS, the City’s current Park and Recreation Facilities Fee requirements are contained in SRMC, Chapter 3.24, entitled “Park and Recreation Facilities Fee”; and WHEREAS, SRMC Section 3.24.040 sets forth a fee program to fund the costs associated with increased demand for community and neighborhood parks and recreational facilities created by new development. New development will increase the need for such park and recreation facilities within the City; and WHEREAS, the City desires to begin imposing a Park and Recreation Facilities Fee, consistent with the updated fee program set forth in SRMC Section 3.24.040, on new development to fund the costs associated with constructing and expanding park and recreation facilities and to update the fee to bring it in line with current City objectives; and
WHEREAS, California Government Code section 66477 (the “Quimby Act”) allows legislative bodies of cities to adopt an ordinance requiring the dedication of land or to impose fees in lieu thereof, or a combination of both, for park or recreation purposes, as a condition of approval of a tentative map or parcel map; and WHEREAS, the City’s current Park Dedication and In-Lieu Fees requirements are contained in SRMC, Chapter 15.09, entitled “Park Dedication and In-Lieu Fees”; and WHEREAS, the City Council desires to amend the City’s existing ordinance regarding the dedication of parkland and the payment of in-lieu fees to update the Parkland Dedication and In-Lieu Fees Ordinance consistent with state law. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 2. AMENDMENT OF MUNICIPAL CODE. Chapter 3.24 of Title 3 of the Municipal Code of the City of San Rafael is hereby amended to repeal and replace the chapter with the following:
Chapter 3.24 – PARK AND RECREATION FACILITIES FEE
Section 3.24.010 – Findings and intent.
The City Council hereby finds and declares that:
(a) New development increases demand on existing park and recreation facilities and creates the need for expanded or new facilities to serve new development. The purpose of this chapter is to enable the collection of mitigation fees to be used for the purpose of developing new or expanding existing park and recreation facilities.
(b) It is the City’s intent and desire to require that new development contribute its fair share toward the purchase, development and/or improvement of park and recreation facilities.
(c) The imposition of impact fees is one of the customary methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development in order to promote and protect the public health, safety and welfare.
(d) The provisions of this chapter are consistent with the City of San Rafael general plan and enacted pursuant to Section 66000 et seq. of the California Government Code (the “Mitigation Fee Act”).
(e) This fee shall be known as the “Park and Recreation Facilities Fee for the City of San Rafael.”
Section 3.24.020 – Purpose.
The purpose of the Park and Recreation Facilities Fee is to fund the creation and improvement of park and recreation facilities, including, but not limited to, the planning, designing, developing, and improving of existing and newly acquired park and recreation facilities related to new development and ensure that new development pays for its fair share of park and recreational facilities.
Section 3.24.030 – Definitions.
For the purposes of this chapter, the following terms shall be defined as follows:
3 (a) “Building permit” includes full structural building permits as well as partial permits such as foundation-only permits or tenant improvements. (b) “Certificate of occupancy” as used in this chapter, has the same meaning as in California Government Code Section 66007(e).
(c) “New development” shall mean all new residential building construction that intensifies existing park facilities demands, creates additional impacts on park facilities, and creates one or more new residential units. (d) “Park and Recreation Facilities Fee” shall mean the mitigation fee imposed on new development for the purpose of funding park and recreational facilities related to new development, including funding projects on the Park and Recreation Facilities Fee Project List.
(e) “Project List” shall mean a list of the park facilities funded in part or in whole by the Park and Recreation Facilities Fee. The Project List shall be adopted by resolution of the City Council and may be amended from time to time pursuant to Government Code section 66002.
(f) “Park facilities” shall mean any public improvements deemed necessary by the City to develop, improve or expand land and facilities for park and recreational purposes. Such improvements may include, but are not limited to: grading; landscaped areas for active and passive recreational use, trails and sports fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; bicycle facilities and park lighting; playground or other recreational equipment; picnic facilities; community center or other buildings, swimming pools; volleyball, basketball, tennis, racquetball and other courts; vehicle driveways and parking areas and any other facilities which may hereafter be authorized by state law or approved by the City.
Section 3.24.040 – Establishment of a park facilities and recreation impact fee.
Except as otherwise provided in this chapter, developers of new development shall pay a Park and Recreation Facilities Fee in an amount established by resolution of the City Council in accordance with a nexus study that demonstrates the reasonable relationship between the fee’s use and the type of development project on which the fee will be imposed and demonstrates the reasonable relationship between the need for park facilities and the type of development projects on which the fee will be imposed.
Section 3.24.050 – Exemptions.
The following types of development shall not be required to pay a park facilities and recreation fee:
4 (a) Alterations, renovations or expansion of an existing building or structure that do not add new dwelling units.
(b) Replacement of building square footage or dwelling units on the same lot that does not add new dwelling units.
(c) The replacement of a destroyed or partially destroyed or damaged building or structure that does not add new dwelling units.
Section 3.24.060 – Determination of required fees.
(a) The community development director, or the director’s designee, shall be responsible for determining the fees required by this chapter. This determination shall be made at the time of application for the building permit, unless otherwise required by law.
(b) The park facilities and recreation fee may be modified automatically on an annual basis in accordance with the change in the Engineering News-Record (“ENR”) Construction Cost Index for the San Francisco area. This adjustment shall not require any action of the City Council.
Section 3.24.070 – Payment of fees.
(a) The fees required by this chapter from new development shall be paid at the time the City issues a building permit for each new development project.
Unless otherwise required by law, the amount of the fees to be paid under this chapter shall be in the amount of the fee in effect at the time the fee is paid. (b) Notwithstanding the foregoing, payment of the Park and Recreation Facilities Fee may be deferred to the date of approval of the first temporary certificate of occupancy, the final building inspection, or the issuance of a final certificate of occupancy, whichever occurs first, provided the owner, or lessee if the lessee’s interest appears of record, of the real property for which the fees are required enters into a recordable agreement with the City prior to issuance of the building permit for the development, which shall constitute a lien on the property from the date of recordation and shall be enforceable against successors in interest to the property owner or lessee. The agreement shall provide that approval of the first temporary certificate of occupancy, final building inspection, or final certificate of occupancy for each separate building (if there are multiple buildings) shall not be granted until the impact fees are paid for that building. The agreement shall also provide that, in any action to collect the impact fee or any portion thereof, the City shall be entitled to all of its costs of enforcement and collection, including reasonable attorney’s fees.
The City Manager may execute such agreements on behalf of the City in a form acceptable to the City Attorney.
5 (c) If new development adds additional square footage or dwelling units to a parcel with an existing building, which requires the payment of a new or additional Park and Recreation Facilities Fee, the fee amount associated with the existing use on the project site shall be credited against the new total fee due, as determined by the community development director; provided, however, that in no event shall the City refund the fees previously paid. (1) The fee credit only applies if the existing use on the project site has been active within 8 years prior to the application being filed.
Section 3.24.080 – Park and Recreation Facilities Fee Fund and Accounting. (a) Park and Recreation Facilities Fee Fund. Fees collected pursuant to this chapter shall be deposited in a newly established Park and Recreation Facilities Fee Fund, and shall be segregated and used and expended for the creation of park facilities related to new development, including the acquisition of land, and the improvement and expansion of park and recreation facilities.
Any interest accrued by the account shall be used solely for the purpose of funding park facilities.
(b) Park and Recreation Facilities Fee Accounting. The City shall maintain accounts and prepare reports in accordance with California Government Code Section 66001 et seq.
Section 3.24.090 – Fee adjustments.
Any person subject to a fee required by this chapter may apply to the City Manager, or the City Manager’s designee, for a reduction, adjustment or waiver of that fee based upon the applicant’s contention that (1) the amount of the fee is not reasonably related to the impacts of the applicant’s development project on park and recreation facilities; (2) the fee is not roughly proportionate to the development’s impact on the need for park and recreation facilities; or (3) the fee requires the developer to pay more than is necessary to address the impacts of the new development on park and recreation facilities. (a) Application. An applicant shall file a written request to adjust fees with the community development director, not later than ten days after the City notifies the developer of the amount of the fee to be charged. Additional time, as determined by the community development director, or the director’s designee, will be allowed when significant additional information is required of the developer. The application shall provide evidence illustrating that the payment of the fee authorized by this chapter and imposed by implementing resolution bears no reasonable relationship or nexus with the impact of the development on the need for park facilities within the City and state in detail the factual basis for the request for reduction, adjustment or waiver. If an 6 applicant desires to receive a building permit prior to the completion of the appeal process, applicant shall deposit the fee being appealed with the application. Such fee or portion thereof will be refunded if the appeal is successful.
(b) Decision of the Community Development Director. The community development director, or the director’s designee, shall issue a decision on the application within thirty days after the application is filed with the community development department. The community development director’s, or the director’s designee’s, decision shall state his or her determination regarding the amount of the Park and Recreation Facilities Fee that may reasonably be imposed on the new development and include a brief description of the basis for the director’s decision.
(c) Appeal of the Decision of the Community Development Director. Decisions of the community development director, or the director’s designee, may be appealed to the City manager. Appeals must be filed within ten days of the community development director’s, or the director’s designee’s decision. The City manager shall review the application and evidence presented to the community development director and issue a decision within fifteen days. The decision of the City manager is final and may be protested pursuant to Government Code Section 66020.
Section 3.24.100 – Fee refunds.
Upon application, fees collected by the City pursuant to this chapter shall be refunded under the following circumstances:
(a) Fees collected pursuant to this chapter are erroneously or illegally collected. (b) The building permit expires, and no extension has been granted, for the development project upon which fees were imposed pursuant to this chapter.
An application for refund pursuant to this subsection shall be filed with the community development director no later than ninety days after expiration of the building permit. The amount of refund shall be reduced by an amount to cover the cost to the City for processing the refund.
Section 3.24.110 - Credit for dedication of land.
At the option of the parks and recreation commission and the City Council, land or parks and recreation facilities may be dedicated to the City for park purposes in lieu of the fees designated in this chapter. The amount of land to be dedicated and the amount of credit to be given, if any, shall be at the discretion of the parks and recreation commission and the City Council.
7 DIVISION 2. AMENDMENT OF MUNICIPAL CODE. Chapter 15.09 of Title 15 of the Municipal Code of the City of San Rafael is hereby amended to repeal and replace the chapter with the following:
Chapter 15.09 - PARK DEDICATION AND IN-LIEU FEES
Section 15.09.010 – Purpose.
This chapter is enacted pursuant to Section 66477 of the Subdivision Map Act (“Quimby Act”) and the general police power of the City of San Rafael. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are consistent with the San Rafael general plan.
Section 15.09.020 – Dedication Requirements.
(a) Dedication of Park Land. As a condition of approval of a tentative or final subdivision map or parcel map, the subdivider shall dedicate land for park or recreational purposes, pay a fee for such purposes, or both, according to the standards and formulas contained in this chapter and as set by resolution. (b) Purpose of Land Dedication. Land dedicated to the City for park or recreational purposes shall advance the goals and objectives of the recreation element of the San Rafael General Plan and be improved to all applicable local, state, and federal standards.
(c) Standard for Parkland Dedication. The amount of land dedicated or fees paid shall be based upon the residential density, which shall be determined on the basis of the approved or conditionally approved tentative map or parcel map and the average number of persons per household. There shall be a rebuttable presumption that the average number of persons per household by units in a structure is the same as that disclosed by the most recent available federal census or a census taken pursuant to Chapter 17 (commencing with Section 40200) of Part 2 of Division 3 of Title 4. However, the standard for the dedication of land, or the payment of fees, or both, shall not exceed the amount of existing neighborhood and community park area per 1,000 persons currently residing in the City or the City’s adopted park land standards. (1) The park area per 1,000 members of the population of the city, county, or local public agency shall be derived from the ratio that the amount of neighborhood and community park acreage bears to the total population of the city, county, or local public agency as shown in the most recent available federal census. The amount of neighborhood and community park acreage shall be the actual acreage of existing 8 neighborhood and community parks of the city, county, or local public agency as shown on its records, plans, recreational element, maps, or reports as of the date of the most recent available federal census. (2) The City Council shall, by resolution, establish the requirement for parkland dedication in accordance with the foregoing and the requirements of the Quimby Act.
(d) Amount of Fee Required. Where a fee is required or proposed to be paid in lieu of land dedication, the amount of the fee shall be established by City Council resolution and shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated.
Section 15.09.030 – Determination of Dedication of Land or Payment of Fee. (a) Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:
(1) Subdivider.
(A) At the time of filing a tentative map for approval, the owner of the property shall, as a part of the filing, indicate whether the owner desires to dedicate property for park and recreational purposes or desires to pay a fee in lieu of dedication. (B) If the owner desires to dedicate land for this purpose, the owner, with the concurrence of the director, shall designate the area on the tentative map as filed.
(2) Action of City. If dedication of land is proposed, the tentative map will be referred to the City Council for approval, conditional approval or denial. The City Council shall consider the land dedication as part of the public hearing on the tentative map and shall determine whether to require a dedication of land within the subdivision, payment of a fee in lieu of dedication, or a combination of both.
(3) Prerequisites for Approval of Final Map.
(A) Where dedication is required, it shall be accomplished in compliance with Government Code Section 66477.
(B) Where fees are required, the same shall be deposited with the City before building permit issuance, unless otherwise required by law.
(C)Open space covenants for private park or recreational facilities shall be submitted to the City before approval of the final map and shall be recorded concurrently with the final map.
(b) Determination.
9 (1) Whether the City Council accepts the land dedication or elects to require the payment of a fee in lieu of dedication, or a combination of both, shall be determined by consideration of all of the following:
(A) The compatibility of the land dedication with the San Rafael general plan;
(B) The natural features, access, and location of land in the subdivision available for dedication;
(C)The size and shape of the subdivision and land available for dedication;
(D)The feasibility of dedication; and
(E) The location of and proximity to existing and proposed park sites and trailways.
(2) The determination of the City Council as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
(3) On subdivisions involving 50 parcels or fewer, only the payment of fees shall be required; however, land may be accepted upon agreement of the subdivider and the City Council.
(A) This limitation does not apply to condominium projects, stock cooperative, or community apartment projects, as those terms are defined in Sections 4105, 4125, and 4190 of the Civil Code, when such projects exceed 50 dwelling units even though the number of parcels may be less than 50.
(c) Requirements for Dedicated Land. The subdivider shall, without credit:
(1) Provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this section; (2) Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land;
(3) Provide improved drainage through the dedicated land; and (4) Provide other minimal improvements including, but not limited to removal of debris, clearing of the site and temporary hydro-seeding, which the library and recreation director determines to be essential to the acceptance of the land for recreational purposes.
(5) The location, size and configuration of the land to be dedicated and the improvements to be made pursuant to this section shall be reviewed by the city’s park and recreation commission and approved by the library and recreation director.
(d) Limitations on the Use of Land and Fees. Unless otherwise authorized by Government Code Section 66477, the land and fees received in compliance 10 with this section shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received, and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.
Section 15.09.040 – Credit for private recreation facility.
Credit may be given for private recreation facilities or common, open area in the subdivision only as hereinafter provided. When private recreation facilities and common open areas designed to be usable for active recreational purposes are provided in a proposed planned development, real estate development, stock cooperative, or community apartment project, as defined in Sections 11003, 11003.1, 11003.2, 11003.4 and 11004, respectively, of the Business and Professions Code, or condominiums, as defined in Section 783 of the Civil Code, partial credit, not to exceed fifty percent (50%), may be given against the requirement of land dedication or payment of fees in lieu thereof if the City finds that it is in the public interest to do so and that the following standards are met:
(a) Yards adjacent to each residential unit, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private recreation area; and (b) Private park and recreation facilities shall be owned by a homeowners’ association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a one hundred percent affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities, or subject to a covenant running with the land requiring continued operation by the developer or owner; and
(c) Use of the private park and recreation facilities are restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City or its successors; and (d) The proposed private park and recreational facilities are designed for active use, and are reasonably adaptable for use for park and recreation purposes, including recreational community gardening, children’s play apparatus areas, picnic areas, hiking, jogging, and bicycle trails and paths, or landscaped exercise areas, taking into consideration such factors as size, shape, topography, geology, access, and location; and
11 (e) The facilities that are proposed are in substantial accordance with the provisions of the recreation element of the San Rafael general plan; and (f) Open space land intended for the protection of environmentally sensitive areas or to protect views and ridgetops or hillside areas not suitable for active recreation use shall not be credited, regardless if passive recreation use (trails, pedestrian access) is allowed in these areas; and (g) The private facilities for which credit may be given must be a minimum of one acre and with at least three (3) of the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:
Elements Acres
1. Children’s play apparatus
area
.50 to .75
2. Landscape park-like with
quiet areas
.50 to 1.00
3. Family picnic area .25 to .75
4. Game court area (tennis,
badminton, basketball, etc.)
.25 to .50
5. Turf playfield (< 5% slope) 1.00 to 3.00
6. Swimming pool (with
adjacent deck and lawn
areas)
.25 to .50
7. Recreation center building .15 to .25
Before credit is given, the City shall make written findings that the above standards are met. (h) The determination of the City as to whether credit shall be given and the amount of credit shall be final and conclusive.
Section 15.09.050 – Disposition of fees.
(a) Fees determined pursuant to Section 15.09.030 and by City Council resolution shall be paid to the City and shall be deposited into the Parkland Dedication Fund, or its successor. Money in the fund, including accrued 12 interest, shall be expended solely for acquisition, development, or rehabilitation of park land, or improvements related thereto. (b) The City shall develop and maintain a schedule specifying where, when and how it will use the dedicated land, in-lieu fees or both to develop park and recreational facilities to serve the residents of the subdivision. (c) Collected fees shall be committed within five (5) years of receipt of payments or within five (5) years after the issuance of building permits on one half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, these fees, less an administrative charge, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.
Section 15.09.060 – Exemptions.
The following are exempted from the provisions of this chapter:
(a) Subdivisions containing four (4) or fewer parcels or lots that are not used for residential purposes; provided, however, that a condition shall be placed on the approval of such tentative map that if a building permit is requested for construction of a residential structure or dwelling units on one or more of the parcels or lots, the in-lieu fee shall be required to be paid by the property owner of each such parcel or lot, as a condition to the issuance of such permit; (b) Commercial or industrial subdivisions;
(c) Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old and no new dwelling units are added.
Section 15.09.070 – Subdivider provided park and recreation improvements.
The value of any park and recreational improvements to the dedicated land shall be credited against the fees and/or dedication of land required by this chapter provided that:
(a) The subdivider shall apply to the community services director for permission to construct such improvements;
(b) If permission is granted, the community services director, in consultation with the department of public works, shall determine the dollar value of the improvements.
Section 15.09.080 – Access.
All land offered for dedication for public park or recreational purposes, shall have access to at least one existing or proposed public street. This requirement may be waived by the City 13 Council if the City Council determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents.
Section 15.09.090 – Development agreement.
Except as expressly prohibited by Section 66477 of the Subdivision Map Act, the terms and procedures contained in this chapter may be waived or modified by a development agreement adopted pursuant to Section 65864 et seq. of the California Government Code.
DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
The City Council finds that adoption of this Ordinance does not constitute a “project” under the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21065 and CEQA Guidelines Sections 15378 and is exempt pursuant to CEQA Guidelines Sections 15262, 15273, and 15061(b)(3), because the Ordinance establishes and updates funding mechanisms and policy provisions related to park impact fees and park dedication requirements and does not approve or authorize any specific physical development project.
DIVISION 4. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of San Rafael hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid.
DIVISION 5. EFFECTIVE DATE; PUBLICATION.
A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, Marin County, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk a certified copy of the full text of this Ordinance, along with the names of those Councilmembers voting for or against the Ordinance. 14 THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 15th day of June 2026, and was passed and adopted at a regular meeting of the San Rafael City Council on the 20th day of July 2026 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________
KATE COLIN, Mayor
Attest:
______________________
LINDSAY LARA, City Clerk
SUMMARY OF ORDINANCE NO. 2065
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 3.24, ENTITLED “PARK AND RECREATION FACILITIES FEE,” AND CHAPTER
15.09, ENTITLED “PARK DEDICATION AND IN-LIEU FEES,” OF THE SAN RAFAEL
MUNICIPAL CODE
This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2065, which will amend Chapter 3.24, entitled “Park and Recreation Facilities Fee,” and Chapter 15.09, entitled “Park Dedication and In-Lieu Fees,” of the San Rafael Municipal Code. Ordinance No. 2065 is scheduled for adoption by the San Rafael City Council at its regular meeting of July 20, 2026. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance would repeal and replace Chapter 3.24, entitled “Park and Recreation Facilities Fee,” and Chapter 15.09, entitled “Park Dedication and In-Lieu Fees,” of the San Rafael Municipal Code. The amendments update the City’s park impact fee and parkland dedication programs to align with current state law and the City’s adopted Park Impact Fee Nexus Study. The Ordinance establishes updated requirements for park impact fees and parkland dedication obligations for new residential development to ensure that new development contributes its proportionate share toward the acquisition, development, expansion, and improvement of park and recreation facilities needed to serve future residents. Adoption of this Ordinance does not constitute a “project” under the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21065 and CEQA Guidelines Sections 15378 and is exempt pursuant to CEQA Guidelines Sections 15262, 15273, and 15061(b)(3), because the Ordinance establishes and updates funding mechanisms and policy provisions related to park impact fees and park dedication requirements and does not approve or authorize any specific physical development project.
For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk at [email protected] or (415) 485-3066. Copies of the Ordinance containing this Municipal Code amendment are also available for public review at the San Rafael City Clerk’s office, 1400 Fifth Avenue, 2nd Floor, Room 209, during regular business hours, 9:00 a.m. to 4:00 p.m.
/s/______________________
LINDSAY LARA, City Clerk
San Rafael City Clerk
Dated: June 19, 2026