CITY OF SAN MATEO
5 8
5 5
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 2 Section Name: {{section.name}} Account Number: 10-1311 File ID: {{item.tracking_number}} TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: June 16, 2025
SUBJECT:
Prohibiting Lodging in Vehicles – Ordinance Enforcement RECOMMENDATION:
Provide direction on enforcement of Section 10.04.140 of the Municipal Code, entitled “Prohibiting Vehicle Use for Habitation and Sleep”.
BACKGROUND:
Section 10.04.140 of the Municipal Code, entitled “Prohibiting Vehicle Use for Habitation and Sleep” was adopted in 1995, and updated in 2016 to provide additional clarity to avoid potential legal challenges. As written, Section 10.04.140 states:
It is unlawful:
(a) For any person to use a vehicle as defined in the California Vehicle Code, for lodging in the City of San Mateo.
For the purpose of this section, "lodging" means the combination of one or more activities in subdivision (1) with one or more activities in subdivision (2) where it reasonably appears, in light of all the circumstances, that a person is using a vehicle for habitation.
(1) Storing of contents inside a vehicle that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment, bodily fluids, or the storing of personal possessions or belongings that obscure some or all of the vehicle's windows; and (2) Engaging or engaged in one or more of the following inside a vehicle: preparing or cooking meals or sleeping.
(b) For any person to connect any camp car, motor home, travel trailer or any other vehicle which is equipped for sleeping or cooking or both, to any public utility, such as water, electricity, gas or sewer services, except as may be necessary for the maintenance and preparation of the vehicle. The duration of any such maintenance or preparation connection shall not exceed eight hours in any seven consecutive days.
Over the years City Council direction about how diligently to enforce section 10.04.140 of the Municipal Code Citywide has varied. Currently, the Police Department enforces 10.04.140 by providing resource options to those that use their vehicle for habitation and providing information to facilitate compliance with the Code. This approach sometimes results in unhoused individuals taking advantage of available resources and support systems, and other times results in those residing in their vehicles moving from place to place in avoidance of enforcement and/or limiting the items within their vehicles to the bare minimum needed for habitation.
CITY OF SAN MATEO
5 8
5 5
Also, in 2024 the U.S. Supreme Court ruled in City of Grants Pass v. Johnson that the enforcement of generally applicable laws regulating camping on public property does not constitute cruel and unusual punishment prohibited by the Eighth Amendment to the U.S. Constitution. This ruling effectively overturned the 2018 decision in Martin v. City of Boise issued by the U.S. Court of Appeals for the Ninth Circuit, which had held that the Eighth Amendment barred the enforcement of public camping Ordinances against unhoused individuals where the number of such persons exceeded the number of practically available shelter beds. With the Grants Pass decision, cities have had more flexibility to enforce local restrictions on public camping.
Additionally, on July 25, 2024, the State of California’s Governor issued an executive order to State agencies regarding encampment removal that, while not directive or binding to local agencies, provides further guidance and models for assessing where and when encampment intervention should be prioritized and implemented. The executive order’s guidance is extremely high level but generally encourages a high level of intervention across the State of California in high priority areas.
As large cities such as San Francisco and San Jose begin stronger enforcement of their prohibition of vehicles used for habitation, and oversized vehicle policies, it is expected that vehicles from cities that stringently enforce vehicles used for habitation and oversized vehicles may come to San Mateo.
Over the past several months the City has received many reports about people sleeping in vehicles in residential neighborhoods. This situation creates potential public health, safety, and convenience considerations, including obstructing access to the right of way, reducing visibility while driving, illegal dumping, causing wear on roadways, tapping into electricity that is not theirs, creating environmental hazards by discharging waste when parked for extended periods, and creating nighttime sound in violation of the City’s noise Ordinance. During the week of May 12, forty-seven different vehicles were reported/identified parking on City streets and potentially in use for human habitation.
One of the City Council’s Fiscal Year 2025/26 Blue Sky priorities is to explore limiting overnight recreation vehicle (RV) parking in commercial corridors, and during the May 5, 2025, City Council meeting, members of the San Mateo City Council generally expressed a desire to explore increased enforcement and regulation of this condition and to prioritize having a study session on this topic.
Outreach
The Police Department has established a Homeless Outreach Team (HOT) - a multi-jurisdictional team comprised of law enforcement, mental health experts, housing facilitators, and substance abuse counselors, whose primary focus is to intervene and either prevent at risk situations or improve the circumstances of people who find themselves homeless in our City.
In July and August of 2024, PD’s HOT hosted a well-attended outreach meeting with the Recreation Vehicle (RV) community, which tends to be the primary focus of reports received by the City. Since then, PD has not experienced as many problems. There are still RVs that regularly park on Garvey Way and are occupied, but the residents appear to be complying with all legal requirements apart from section 10.04.140, where they move for street sweeping, and have not tapped into the street poles for illegal electricity. We have also not received any recent reports about wastewater dumping.
HOT continues to conduct outreach and provide support to the RV community located on Garvey Way and Delaware Street. The individuals residing in this area generally comply with Police Department and Public Works requests, particularly when maintenance is scheduled. In addition to the outreach meeting, flyers were distributed recently to inform the RV residents of the upcoming maintenance work, and there have been no reported issues. HOT maintains regular contact with the RV community, offering supportive services, shelter options, and housing resources. The most recent count during the week of May 26 identified 14 RVs in the Garvey area, with the majority of them having been stationed there for an extended period.
Earlier this month (June 2025), the HOT passed out flyers in English and Spanish to the RV community, notifying them of
CITY OF SAN MATEO
5 8
5 5
this meeting and how to get involved. Garvey Way continues to be one of the two areas where residents submit reports to the City about vehicle habitation. The other is on Amphlett but is not as extensive.
Potential Enforcement Approaches
If the Council wishes to resume enforcement of section 10.04.140 while maintaining a compassionate approach, one option would be to direct the Police Department to attempt contact twice prior to the issuance of a 24-hour warning, after which enforcement in the form of a citation or removal of the vehicle (or other appropriate enforcement action) could occur. Ideally, removal of a vehicle would not be necessary, and would be implemented only as a last resort, since their removal could leave individuals, and possibly families, unhoused. In this scenario, the City’s priority would be to provide a compassionate, service-oriented approach that emphasizes helping individuals receive services with a goal of permanent housing. In this implementation approach, a vehicle owner would be notified of needing to have their vehicle moved at three separate touch points (2 contact attempts, followed by a 24-hour removal warning) over a span of approximately seven days to move their vehicle before enforcement action is taken. First and foremost, the Police Department would ensure that officers are effective and compassionate, with the goal of directing individuals to needed housing and social service resources.
The City Attorney’s Office could also prosecute violations as either an infraction or misdemeanor, each of which includes a corresponding fine. For infractions, fines would not exceed $100 for a first conviction, $200 for a second conviction, and $500 for subsequent convictions. Penalties for misdemeanors include a fine that cannot exceed $1,000. Again however, the intent is to take a compassionate approach and direct individuals to appropriate resources. If the Council chooses to take this approach, the HOT will serve as a critical implementation group.
A second option would be to strictly enforce section 10.04.140 without outreach or engagement, which could simply result in more unhoused individuals and families in need of resources/support throughout the City. This sort of condition is known to make it more difficult for such individuals/families obtain services, permanent housing, and transition into a more stable living situation.
The third option would be to maintain status quo, by providing resource options to those that use their vehicle for habitation and providing information to facilitate compliance with the Code.
Staff recommends focusing on enforcement of Municipal Code section 10.04.140 because it allows the Police Department to prohibit vehicle use for habitation or sleep Citywide. Staff does not recommend updating the oversized vehicle section of the Municipal Code (11.32.105) at this time because it only applies to residential zones.
Options for City Council:
1. Resume enforcement of Municipal Code Section 10.04.140 but direct the Police Department to conduct outreach at least twice prior to the issuance of a 24-hour warning, after which issuing citations, removal of vehicles, or other appropriate enforcement action could occur.
2. Resume enforcement of Municipal Code section 10.04.140 without directing the Police Department to conduct outreach as described in Option 1.
3. Maintain the status quo regarding enforcement of Municipal Code Section 10.04.140.
Next Steps:
Should Council wish to direct staff to move forward with implementation of either Options 1 or 2, the Police Department would implement a two-week grace period prior to implementing enforcement to allow for public notification and information of the City’s planned enforcement approach. This would include canvassing the city and providing informational flyers to people who are currently dwelling in their vehicles. Informational materials will be provided in multiple languages.
BUDGET IMPACT:
Enforcement of this section of the Municipal Code is anticipated to be absorbed within existing resources.
CITY OF SAN MATEO
5 8
5 5
ENVIRONMENTAL DETERMINATION:
This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) Alternatively, it can be seen with certainty that there is no possibility that the resumption of enforcement activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Public Comment
STAFF CONTACT
Zachary Reda, Senior Management Analyst
[email protected]
(650) 435-0823