Fremont City Council Meeting: 03/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5391) DOC ID: 5391
Updated: 3/14/2025 12:47 PM by Susan Gauthier Page 1
AMENDMENT TO CAMPING ORDINANCE - Adoption Of An Urgency Ordinance Amending Fremont Municipal Code Chapter 8.90 Regulating Camping on Property in the City of Fremont, and Finding that the Action is Exempt From Review Under the California Environmental Quality Act (CEQA) Contact Persons:
Name: Rafael Alvarado
Title: City Attorney
Div/Dept: City Attorney's Office
Phone: 510-284-4030
E-Mail: [email protected]
Executive Summary: The City Council directed City staff to draft an amendment to the Camping Ordinance consistent with Councilmember Kimberlin’s March 4, 2025 Referral, co- authored by Mayor Salwan. The amendment would: (1) revise section 8.90.030 to allow camping on private property that is zoned residential and contains a single-family residential property dwelling (2) revise section 8.90.030 to clarify that the donation of goods is not prohibited activity, and (3) delete section 8.90.060(b)(1) concerning enforcement.
BACKGROUND: On December 17, 2024, the City Council introduced a camping ordinance (“Camping Ordinance”) prohibiting camping and maintenance of encampments within the City while encouraging people experiencing homelessness to use available low barrier shelters and access a variety of services available from the City and its partners. On February 11, 2025, the City Council adopted the Camping Ordinance and said ordinance became effective on March 13, 2025. The Camping Ordinance did not, and was not intended to, criminalize persons who donate food, water, or other goods to another person.
On March 4, 2025, Councilmember Kimberlin advanced a referral, co-authored by Mayor Salwan, seeking to amend the Camping Ordinance to revise language that has contributed to misinterpretation of the ordinance’s intent and application. The City Council accepted the referral and directed City staff to bring back an amendment to the Camping Ordinance at the March 18, 2025 City Council meeting.
DISCUSSION/ANALYSIS: This staff report presents an amendment to the Camping Ordinance, codified in Chapter 8.90 of the Fremont Municipal Code, as directed by the City Council on March 4, 2025. Approval of the amendment to the Camping Ordinance would achieve the following:
1. Allow camping on private property that is zoned residential and contains a single- family residential property dwelling;
2. Clarify that the Camping Ordinance does not prohibit the donation of food, water, or other goods to another person; and
3. Delete Section 8.90.060(b)(1) related to enforcement.
Council Staff Report (ID # 5391) Meeting of March 18, 2025 Updated: 3/14/2025 12:47 PM by Susan Gauthier Page 2
City staff recommends adoption of the amendment via an urgency ordinance that would go into effect immediately upon a four-fifths vote of the City Council. The Camping Ordinance went into effect on March 13, 2025 and some service providers to unhoused persons have expressed fear that donating food, water, or other goods could subject them to criminal liability. The urgency ordinance is necessary to address this concern and immediately clarify that the Camping Ordinance does not subject persons to criminal penalty for donating food, water, or other goods to another person. The urgency ordinance includes findings necessary to satisfy the requirements of California Government Code Section 36934 and Section 36937 and is proposed to be adopted immediately for the preservation of the public peace, health, or safety.
FISCAL IMPACT: There is no fiscal impact related to this revision to the municipal code.
ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA), without limitation, each on a separate and independent basis, pursuant to the following sections of Title 14 of the California Code of Regulations and no further environmental review is required: (1) the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), in that the ordinance does not have the potential to cause a significant effect on the environment, and is not subject to CEQA review; (2) CEQA Guidelines 15183, Projects Consistent with a Community Plan or Zoning, as the ordinance is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15163, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred; (3) CEQA Guidelines Sections 15304 as this ordinance is an action by the City that may result in a minor alteration to land, water, and/or vegetation; and (4) CEQA Guidelines Sections 15307 and 15308 as this ordinance is an action by the City for the protection of birds and other wildlife and the environment in City public lands, parks and waterways.
ATTACHMENTS:
• Exhibit A - Draft Urgency Amendment to Camping Ordinance
RECOMMENDATION: Adopt an urgency ordinance, attached as Exhibit A, by a four-fifths vote of the City Council, amending Chapter 8.90 of the Fremont Municipal Code.