____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 6.b
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: John Stefanski, Assistant City
Manager
Daniel Cooperman, Community
Services Division Director
City Manager Approval: ______________
TOPIC: EVALUATION OF EXISTING CAMPING REGULATIONS, SANCTIONED CAMPING AREA INFORMATIONAL UPDATE, AND CHAPTER 19.50 OF THE SAN RAFAEL
MUNICIPAL CODE, CAMPING ON PUBLIC PROPERTY
SUBJECT: EXISTING CAMPING REGULATION EVALUATION, SANCTIONED CAMPING AREA
UPDATE, AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 19.50 TO THE SAN RAFAEL MUNICIPAL CODE, ENTITLED “CAMPING ON PUBLIC PROPERTY” TO PROHIBIT CAMPING IN PARKS; CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINES 15061(b)(3), 15307 AND 15308
RECOMMENDATION:
Receive an update on homelessness and the Sanctioned Camping Area and introduce the Ordinance, waive further reading of the Ordinance, and refer to it by title only.
BACKGROUND:
City Camping Regulations (Chapter 19.50 of the San Rafael Municipal Code) In July 2023, the City Council voted1to adopt Ordinance 2030 amend the City’s longstanding camping regulations to govern camping on public property in a manner that complied with the then-governing Martin v. Boise decision. Shortly after the City adopted the amendments to Chapter 19.50, a group of plaintiffs (Shaleeta Boyd, et al.) sued the City in federal court based on Americans with Disabilities Act (ADA) claims and other legal theories, in particular that Chapter 19.50 constituted a “state created danger”. In response, the court entered a temporary restraining order and, later, a preliminary injunction that effectively blocked the City’s ability to enforce its local camping regulations. 1 https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2023/07/4.a-Regulating-Camping-on-PublicProperty-Ordinance.pdf SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
In May 20242, the City amended Chapter 19.50 (Ordinance 2035) in an attempt to address the federal court’s concerns, and, consequently, seek dismissal of the plaintiffs’ lawsuit. Ordinance 2035 modified the size and spacing restrictions in Ordinance 2030 in a manner to address the Court’s concerns. It also required, among other things, that campsites be set back from private property lines.
In June 2024, the Supreme Court issued its decision reversing the Ninth Circuit Court of Appeals in Grants Pass v. Johnson. Since 2018, Martin v. Boise (a prior Ninth Circuit decision upon which Grants Pass was based) had significantly limited local government’s ability to regulate homeless encampments and created a slew of lawsuits brought upon local government agencies. Applying Martin, the Ninth Circuit had held that the City of Grants Pass violated the “Cruel and Unusual Punishments” clause of the Eighth Amendment to the United States Constitution by prohibiting camping on public property when the City could not establish that there was enough alternative shelter available to accommodate the number of individuals experiencing homelessness in the community. The Supreme Court rejected this Eighth Amendment theory.
The Federal District Court granted the City’s motion to dismiss and dissolved the injunction on August 7, 2024. The Court held that the City’s amendments to Chapter 19.50 adequately addressed the legal concerns raised by the plaintiff’s lawsuit and the Court.
In August 2024,3following the dismissal of the Boyd lawsuit, the City Council adopted Ordinance 2040 which revised the camping ordinance following Grants Pass decision to provide the City greater flexibility to prohibit camping or set time, place, or manner conditions on camping on public property. The ordinance clarified a prohibition on occupying, constructing, or affixing structures made of building materials on public property and required campsites be at least five feet from the edge of roadway pavement to ensure safety and prevent obstruction of traffic. At that time the City Council also directed staff to return in Spring 2025 with an evaluation and any proposed changes for the camping regulations.
Ordinance 2040 took effect on October 3, 2024.
Enforcement of the Camping Regulations
Once Ordinance 2040 took effect in October, the City began a regular cadence of enforcement, as described below:
• Enforcement activities of Chapter 19.50 of the SRMC relating to violations of the campsite size maximums, setback requirements, and/or unpermitted structures and building materials take place each week on Tuesdays and Thursdays, as described in Table 1 below. However, when there are significant health and safety exigent circumstances, the City will abate immediately outside of the regular enforcement schedule.
• Enforcement activities relating to violations of camping prohibitions (i.e. camping in a prohibited area) take place on Tuesdays and Wednesdays of each week as described in Table 2 below. 2 https://storage.googleapis.com/proudcity/sanrafaelca/2024/04/6.b-Ordinance-Regulating-Camping-on-Public-Property.pdf 3 https://storage.googleapis.com/proudcity/sanrafaelca/2024/08/5.a-Proposed-Camping-Ordinance-Amendments-Report-onHomelessness-Including-Sanctioned-Camping-Program-Homeless-Program-Contracts-Appropration-of-Funds.pdf SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Table 1: Violations of campsite size maximums, setbacks, and illegal structures Tuesday (AM) Activities Thursday (AM) Activities
• San Rafael Police Department (SRPD) and
City Staff conduct a weekly review of known
hotspots and other sites with reported
encampments.
• SRPD Special Operations Unit (SOU) issues
notices to those campsites out of compliance
with SRMC 19.50.
• SRPD to dedicate 2 hours every Tuesday for
area assessments and noticing.
• Debris collection will occur on Thursday mornings,
48 hours after notices have been issued.
• SRPD to staff approximately 2-3 hours every
Thursday for presence during clean ups.
• Additional clean-up actions beyond the 2-3 hours
to take place as needed on Thursdays, as directed
by SRPD or City Staff.
Table 2: Camping in prohibited area violations
Tuesday (AM) Activities Wednesday (AM) Activities
• SRPD and City Staff conduct a weekly review
of problem prohibited properties (e.g. South
Mahon) and other sites as reported
• SRPD SOU issues notices to those campsites
out of compliance with SRMC 19.50.
• SRPD to dedicate 2 hours every Tuesday for
area assessments and noticing (same as
above)
• Debris collection will occur on Wednesday
mornings, 24 hours after notices have been issued.
• SRPD to staff as needed for presence during clean
ups.
In addition, the City budgets for 1.5 full time equivalent park rangers who work for the San Rafael Police Department who assist with patrolling open space areas (where camping is currently prohibited) to enforce Chapter 19.50 and remove ignition sources in those areas specifically.
Based on the aforementioned enforcement activities, staff have found that there are no individuals camping in City parks as of
April 2nd 2025.
Sanctioned Camping Area (SCA)
The California lnter-agency Council on Homelessness (Cal ICH) established the Encampment Resolution Funding, Third Round (ERF3) Program to increase collaboration between itself, local jurisdictions, and continuums of care for the purposes of:
• Assisting local jurisdictions in ensuring the wellness and safety of people experiencing homelessness in encampments, including short-term needs arising from their unsheltered homelessness and their long-term needs through a path to safe and stable housing; and • Providing grants to local jurisdictions and continuums of care to support innovative and replicable efforts to resolve critical encampment concerns, and to support individuals in accessing safe and stable housing, using Housing First approaches; and
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• Encouraging a data-informed, coordinated approach to addressing unsheltered homelessness at encampments.
The City and County of Marin collaborated on an ERF3 grant application, and in April 2024, Cal ICH announced its intention to award a total of $5,999,241 in funding to both the County of Marin and the City. This funding is specifically aimed at jointly addressing the Mahon Creek Path Area Encampment in San Rafael. The grant represents the largest award the City of San Rafael has received for addressing homelessness, following a renewed effort by City and County staff to enhance collaboration in tackling this issue. Furthermore, since August 2024, City and County staff have held four comprehensive partnership meetings, which have helped streamline response efforts and set clear goals for serving San Rafael’s unhoused community as it relates to the ERF3 grant.
A SCA has several elements that differentiate it from other camping areas. The City's SCA addresses safety and security, through gates, fencing, security guards and fire prevention (e.g., placement of fire extinguishers and regular inspections); living and meeting spaces, through specified tent sizes, temporary and housing/outreach staff storage units, and meeting space canopies; and sanitation, though portable restrooms with handwashing stations, garbage pick up and designated smoking and pet use areas. In addition, the City's SCA receives housing and case management and outreach services, weekly showers, SAFE Team and has a code of conduct. Further information can be found in the City Council Agenda Report for Item No. 5a at its August 19, 20244 meeting.
Before the launch of the SCA in October 2024, City and County staff, in collaboration with nonprofit partners, reviewed lists of identified individuals who had been or were presently residing within the Mahon Creek Area encampment as of early 2024, when the ERF3 grant application was submitted. In the weeks leading up to the SCA opening, staff conducted outreach to inform prospective participants about the site’s code of conduct and assist them with completing the necessary intake forms.
ANALYSIS:
Evaluation of Current Camping Regulations
Since Ordinance 2040 took effect in October 2024, staff have been tracking metrics to determine the Camping Ordinance’s effectiveness and overall impact on the City’s ability to regulate encampments on public property. The City tracks potential violations of the camping ordinance through “Calls for Service” which take place when a resident reports to SRPD or via the email address, [email protected]. These reports are classified as “Municipal Code Violations” related to camping within San Rafael, and capture violations such as, obstructing sidewalks, camping within designated open space lands, and other violations. These reports are all sent directly to the SRPD Special Operations Unit who responds to check the reported location.
Since October 2024, staff have informed and encouraged the public to report potential camping ordinance violations via the email address, [email protected]. During the evaluation period of October 2024 to February 2025, staff received 115 inquiries through this account, 35 of which were reports of potential camping ordinance violations. This is in addition to the numerous phone calls and other interactions staff have had with the community at various meetings.
In addition, the City engages in proactive enforcement of Chapter 19.50, as described above. These activities are captured through “Campsite Warning Police Reports” whereby the Special Operations Unit 4 https://storage.googleapis.com/proudcity/sanrafaelca/2024/08/5.a-Proposed-Camping-Ordinance-Amendments-Report-onHomelessness-Including-Sanctioned-Camping-Program-Homeless-Program-Contracts-Appropration-of-Funds.pdf SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
visits a non-compliant campsite, issues a warning, and returns 48-hours later to check on compliance/coordinate with the City’s encampment clean-up contractor.
Staff reviewed the number of Calls for Service (CFS) to the Police Department during the five-month period preceding the implementation of Ordinance 2040 (May to September 2024) and compared it to the five-month evaluation period following its implementation (October 2024 to February 2025). Table 3 below shows the period preceding implementation of the ordinance with 161 CFS, and a 38.51% increase during the evaluation period, resulting in a total of 223 CFS. This increase is most likely attributable to the community’s increased awareness of how to report camping ordinance violations.
With the opening of the SCA and the related prohibition of camping along the northern portion of the Mahon Creek Path, the City has seen a significant decline in the number of Campsite Warning Reports, which have decreased by nearly 20% when compared to the five month period prior to October 2024 when both the Sanctioned Camping Area and the current camping regulations took effect. While understandable—less campsites equaling fewer potential violations—this data point also underscores how the SCA is a crucial tool in the City’s ability to manage camping on public property.
Table 3: Citywide Calls for Services & Campsite Warning Police Reports Category May 2024 –
September 2024
October 2024 –
February 2025 Trend
Calls for Service 161 223 +38.51%
Campsite Warning Police
Reports 84 69 -17.86%
Sanctioned Camping Area (SCA) Evaluation
The SCA opened on October 4, 2024, with a total site capacity of 50 individuals to reside in 50, 10’x10’ tents. The program is currently at full capacity with 50 participants. The program is working as intended as the City recently celebrated its first participant securing and moving into permanent housing last month. Another participant has received a housing voucher and is actively searching for an apartment.
Outreach, case management, and the on-site program management team with FS Global all continue to support the participants, ensuring they are gaining all necessary documentation to be ready to apply for housing as soon as additional vouchers are released or project-based units become available.
The Encampment Resolution Funding Round 3 (ERF3) grant, which the SCA is a part of, operates in partnership with the County of Marin’s Health and Human Services Division (HHS). Marin County contracted for the staffing of the ERF3 program, and the contract is through St. Vincent de Paul Society for housing-based case management personnel. The first case manager dedicated to the ERF3 program began in late March, increasing the percentage of site participants receiving housing-based case management to 60%. The HHS will present a contract for two additional case managers to support the remaining site participants and one outreach worker to the Marin County Board of Supervisors on April 15, 2025. The total cost of these three-year contracts will be approximately $1.5 million.
Since the SCA began operations, 10 individuals have exited the site – some due to code of conduct violations, others for extended absences without providing prior notice, and one so far who has transitioned into permanent housing. Additionally, since moving into the SCA, five participants have successfully gained employment, demonstrating the stability and opportunities the program can help SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
foster. Many participants are thriving with improved social health, benefiting from a safe, stable place to sleep and store personal belongings. Through this supportive environment many participants have reconnected with medical services, improved connection with service providers, and are rebuilding practices that are important for housing stability and transitioning back into housing.
Proposed Amendments to Chapter 19.50
Concerns about the unhoused population camping in parks and the sensitivity to encampment-related fires in San Rafael has grown. Over 90% of all wildfires in this country are human caused; although not all of these fires were intentionally set by individuals, this data supports the City’s recommendation to ban camping in parks to protect the safety of the community. In Marin, given the low lightening frequency, that number is likely closer to 99%. Reducing potential ignition sources is a key wildfire risk reduction activity. Campfires and open flames, including those for warming and cooking, and discarded smoking materials can easily ignite dry grasses and brush in open space and parks. These ignitions can lead to wildfires that threaten both the individuals camping and the surrounding community. Unsanctioned encampments lack the resources to detect and safely manage fires, making the risk even greater. Recent fire incidents elsewhere in the state and public awareness have heightened public sensitivity to these risks, leading to calls for action from residents across the City. As the rainy season ends, peak wildfire season in Marin County is quickly approaching.
On February 24 2025, Cal Fire released its updated Fire Hazard Severity Zones map, which for San Rafael, designated a number of City Park properties within a Fire Hazard Severity Zone, including but not limited to, Gerstle, Sun Valley, Peacock Gap, Victor Jones, Santa Margarita, Jerry Russom Memorial and Terra Linda parks. The Fire Hazard Severity Zones measure hazard, not risk. Hazard is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures. Risk looks at how these hazards interact with people, development, and other infrastructure, including City parks. In accordance with Government Code Section 51176, the purpose of Fire Hazard Severity Zones map is to classify lands in the state in accordance with whether a very high fire hazard is present so that public officials are able to identify measures that will retard the rate of spread and reduce the potential intensity of uncontrolled wildfires that threaten to destroy resources, life, or property, and to require that those measures be taken.
Given the community’s concerns and heightened sensitivity to wildfire risks due to the January 2025 wildfires in Southern California, such as the Palisades Fire burning 23,707 acres and destroying over 6,800 structures and the Eaton Fire burning 14,021 acres and destroying over 9,400 structures, and in light of the release of the Fire Hazard Severity Zone map, staff evaluated amending Chapter 19.50 to prohibit camping within these areas to mitigate the hazards associated with camping in a higher hazard severity areas. When factoring in existing camping prohibitions at Albert Park, Boyd Park, and at the Falkirk Cultural Center, camping would be prohibited in a majority of City Parks. Including all City Parks in the Camping Regulations offers clarity for parks that may fall partially within a hazard zone, includes parks in the Wildland Urban Interface (WUI) but not hazard zone, and assures that the few potentially excluded parks do not become areas for encampments. For example, Oleander Park and the playground at Terra Linda Park are outside of the hazard zone, but only a residential road away from being in the designated Wildland Urban Interface. Given the behavior of embers and their ability to quickly spread fire, any ignition within these example parks could quickly result in a fire in the Wildland Urban Interface or Fire Hazard Severity Zone.
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Staff is not proposing to prohibit camping in all of the hazard severity zones due to mitigating factors, reporting and response times, and land ownership. The City has an active roadside vegetation clearing program that mitigates risk of encampment fires along roadways. The camping regulations also prohibit camping within 5 feet of roadway pavement. In these highly traveled areas, any ignition is likely to be quickly reported and prove an easy initial response for firefighters. Developed areas in the hazard zones, , do not pose the same risk due to having well maintained defensible space, nearby fire suppression and alerting tools, and a reduced likelihood of ignition based on human behaviors and ground covering. A camp stove on the pavement poses a much lower risk than a campfire in the leaves, grasses and shrubs of parks such as Los Ranchitos or Peacock Gap Park. Lastly, the City has and enforces Citywide Vegetation standards (SRMC 4.12) to mitigate wildfire risk in all privately owned areas of the hazard zones and WUI.
Temporary Administrative Order
On March 27, 2025, the City Manager issued a temporary administrative order (Attachment 2) prohibiting camping in all City parks. The purpose of this order was to preserve the then current condition at City parks where no individuals experiencing homelessness were camping, to minimize the risk of displacement should the City Council enact a prohibition of camping in parks, and to ensure the entire community, including individuals experiencing homelessness, would still have the ability to utilize public parks during regular hours of operation which are sunrise to sunset. The term of the Administrative Order coincides with the timeframe for an ordinance amending Chapter 19.50 to become effective if the City Council decides to adopt an ordinance. Should the City Council decide not to adopt the staff recommendation, the City Manager would rescind the Administrative Order.
According, based on the foregoing, staff is recommending the City Council amend the camping ordinance to prohibit camping in all City parks. The proposed ordinance accomplishes this prohibition by replacing “open space property” with “parks” as defined in SRMC Section 19.20.020(I) since that definition of parks includes both parks and open space.
ENVIRONMENTAL REVIEW:
The proposed ordinance does not constitute a project for purposes of environmental review under the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA") and is exempt from review under CEQA Guideline 15061(b)(3) because adoption of the proposed ordinance is not expected to have any change in the environment. Further, the proposed ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources.
COMMUNITY OUTREACH:
Last fall, the City established the Homelessness Solutions Working Group to bring concerned residents and business owners together to discuss their concerns around Homelessness in San Rafael, brainstorm ideas around the potential solutions to the issue and to ultimately have participants become trusted messengers who will communicate with their colleagues and neighbors about what they’ve learned and what the City and the County are doing together to respond to homelessness in San Rafael.
This group of 30 residents, who self-selected to participate, participated in three meetings over the last six months. While the first meeting provided an opportunity for participants to learn about the City’s work responding to homelessness as well as provide “blue sky” or ideal solutions to homelessness, the latter SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
two meetings were overwhelmingly focused on the Camping Ordinance,at the request of the working group members. The topic of the City’s camping ordinance was brought up early and often throughout the working group meetings, including the final meeting which focused solely on potential changes and implications of the ordinance. At the final meeting, the group provided feedback on potential changes to the camping ordinance via an anonymous survey with three potential options. The majority of attendees supported prohibiting camping in City parks either entirely or just in parks within a Fire Hazard Severity Zone.
Table 5: Homelessness Solutions Working Group Survey Results Survey Option Votes
Prohibit camping in all San Rafael parks 7
Prohibit camping only in parks located within the Fire Hazard Severity Zones 4 No changes to the current camping ordinance 3
Other 2
The survey results align with the hundreds of inquiries and comments City staff has received via phone, in-person meetings, and responses to the “[email protected]” email account.
Information regarding the City Manager’s temporary administrative order and this agenda item was shared with our local non-profit service providers, as well as with members of the Homelessness Solutions Working Group (which includes individuals with lived experience). Information regarding this agenda item was also shared via the City’s Homelessness Update Monthly E-Newsletter.
In addition to the feedback received from the Homelessness Solutions Working Group, staff have had many discussions with residents and business owners regarding the City’s camping regulations over the last nine months. The majority of those individuals indicated a preference for the City to prohibit camping all together.
Staff are not recommending an outright ban on camping in San Rafael. Staff’s focus is on working collaboratively with unhoused residents, local non-profit service providers, and the County of Marin to connect unhoused residents with the resources, services, and housing opportunities they need to achieve long-term stability. Such a focus is based on a regional, compassionate, and trauma-informed approach to addressing homelessness, and is indicative of the believe that every person in San Rafael, regardless of housing status, deserves dignity, respect, and a safe place to call home. Staff will continue to monitor the effectiveness of the camping regulations and will bring further recommendations for changes back to the City Council should conditions, laws, or other circumstances warrant them.
FISCAL IMPACT:
There is no fiscal impact associated with the staff recommendation contained in this agenda item.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Approve the staff recommendation and introduce the Ordinance waive further reading of the Ordinance and refer to it by title only
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2. Direct staff to return with substantive changes to the Ordinance and whether the City Manager should rescind, extend or otherwise modify the Administrative Order dated March 27, 2025
3. Take no action and provide direction whether the City Manager should rescind, extend or otherwise modify the Administrative Order dated March 27, 2025.
RECOMMENDED ACTION:
Introduce the Ordinance, waive further reading of the Ordinance, and refer to it by title only.
ATTACHMENTS:
1. Proposed Ordinance
2. Administrative Order dated March 27, 2025
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 19.50 TO THE SAN RAFAEL MUNICIPAL CODE, ENTITLED “CAMPING ON PUBLIC PROPERTY” TO PROHIBIT CAMPING IN PARKS
SECTION 1. FINDINGS
The City Council having reviewed and taken into consideration all written and oral information submitted in this matter and after a properly noticed public hearing makes the following findings in support of this Ordinance:
WHEREAS, the City of San Rafael has implemented a Sanctioned Camping Area on City public property as part of its comprehensive approach to address homelessness within the City; and WHEREAS, the SCA addresses safety and security, through gates, fencing, security guards and fire prevention (e.g., placement of fire extinguishers and regular inspections); living and meeting spaces, through specified tent sizes, temporary and housing/outreach staff storage units, and meeting space canopies; and sanitation, though portable restrooms with handwashing stations, garbage pick up and designated smoking and pet use areas; and WHEREAS, residents of the SCA receive housing and case management and outreach services, weekly showers, and other services and have to abide by to a code of conduct; and WHEREAS, in less than six months since the SCA began operations, at least one individual has secured permanent housing and another five individuals have secured employment; and WHEREAS, the Sanctioned Camping Area is regulated and structured in a manner not only to mitigate public health and safety risks to both its residents and the community at large, but also to promote the well-being of its residents; and
WHEREAS, over 90% of all wildfires in this country are human caused. In Marin, given the low lightening frequency, that number is likely closer to 99%. Reducing potential ignition sources is a key wildfire risk reduction activity. Campfires and open flames, including those for warming and cooking, and discarded smoking materials can easily ignite dry grasses and brush in open space and parks. These ignitions can lead to wildfires that threaten both the individuals and the surrounding community: and
WHEREAS, camping in parks creates heightened fire risks due to the use of open flames for cooking and warmth, and the potential for improperly discarded smoking materials, particularly in areas with dry vegetation or brush that could easily ignite and lead to wildfires threatening both unhoused individuals and the surrounding community; and WHEREAS, unregulated encampments typically lack the resources and facilities to safely manage fires, further increasing the associated risks; and WHEREAS, recent fire incidents elsewhere in the state, such as the January 2025 fires in Southern California, with the Palisades Fire burning 23,707 acres and the Eaton Fire burning 14,021 acres, have heightened public awareness and sensitivity to these risks; and WHEREAS, on February 24, 2025, Cal Fire released its updated Fire Hazard Severity Zones map, which designated City parks within Fire Hazard Severity Zones, including but not limited to Gerstle, Sun Valley, Peacock Gap, Victor Jones, Santa Margarita, Jerry Russom Memorial, and Terra Linda parks; and
WHEREAS, Government Code Section 51179 requires the City to adopt an ordinance designating moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of the release of the aforementioned map released by Cal Fire; and WHEREAS, in accordance with Government Code Section 51176, the purpose of Fire Hazard Severity Zones map is to classify lands in the state in accordance with whether a very high fire hazard is present so that public officials are able to identify measures that will retard the rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken; and.
WHEREAS, upon evaluating potential amendments to Chapter 19.50 to prohibit camping within Fire Hazard Severity Zones, staff determined that, when combined with existing camping prohibitions at Albert Park, Boyd Park, and the Falkirk Cultural Center/Menzies Lot, such amendments would effectively prohibit camping in a majority of City parks; and WHEREAS, including all city parks in a camping prohibition offers clarity for parks that may fall partially within a hazard zone, includes parks in the Wildland Urban Interface (WUI) but not hazard zone, and assures that the few potentially excluded parks do not become areas for encampments. Given the behavior of embers and their ability to quickly spread fire, ignition could quickly result in a fire in the WUI or Fire Hazard Severity Zone; and
WHEREAS, the City Council declines to prohibit camping in all of the hazard severity zones due to mitigating factors, reporting and response times, and land ownership; and.
WHEREAS, the City regularly patrols its parks and based on those patrols, finds that as of the date of the Administrative Order dated March 27, 2025, there were no individuals camping in its parks; and
WHEREAS, by amending the City’s camping regulations, the City’s goal is to effectively regulate and enforce camping laws for the health and safety of all the public, including residents who are experiencing homelessness, and to mitigate the risk of displacement of individuals by undertaking such an amendment when there has been no camping in the parks; and WHEREAS, for the reasons set forth above, this Ordinance is declared by the City Council to be necessary to protect public health, safety, and welfare; preserve public property for the enjoyment and safety of all members of the public; enhance and preserve the orderly administration and management of public property; and preserve, protect, and prevent damage to public resources, and the recitals above taken together constitute the City Council’s statement of the reasons for adopting this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
SECTION 2. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE CHAPTER 19.50 Chapter 19.50 of the San Rafael Municipal Code, entitled “Camping of Public Property” is hereby amended as follows, with addition shown in underlined and deletions shown with strikethrough:
Chapter 19.50 - CAMPING ON PUBLIC PROPERTY
19.50.010. - Purpose.
The purposes of this chapter include but are not limited to: protecting public health, safety, and welfare; preserving public property for the enjoyment and safety of all members of the public; enhancing and preserving the orderly administration and management of public property; and preserving, protecting, and preventing damage to public resources. This chapter prohibits conduct that unreasonably interferes with the administration and lawful uses of public property by establishing reasonable time, place, and manner conditions related to camping on public property.
19.50.020 - Definitions.
As used in this chapter, the following terms shall have the following meanings:
A. "Camp" or "Camping" means use of space on public property for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or using any tents or shelter or other structure or vehicle for sleeping. The above-listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are using the area as a living accommodation regardless of the nature of any other activities in which they may also be engaging.
B. "Camp paraphernalia" means implements and equipment used for camping, including tents, cots, beds, hammocks, vehicles, other temporary physical shelters, tarpaulins, mattresses, sleeping bags, bedrolls, blankets, sheets, pillows, and cookware or cooking equipment.
C. "Campsite" means the primary physical area of occupation of one person camping or up to four persons camping together, inclusive of camp facilities, camp paraphernalia, and personal property.
D. "Open space property" means any area described in San Rafael Municipal Code Section
19.10.020. The city will maintain on its public website and in hard copy at the City Clerk's office a map of all open space property meeting this definition. “Park” means any area described in area described in San Rafael Municipal Code Section 19.20.020(I). The city will maintain on its public website and in hard copy at the City Clerk’s office a map of all parks meeting this definition.
E. "Playground" means an improved outdoor area designed, equipped, and set aside for children's play in a park or school that is not intended for use as an athletic playing field or athletic court, and also includes any playground equipment, fall zones, surface materials, access ramps, and all areas within and including any designated enclosure and barriers.
F. "Public facility" means any building or structure on public property, whether secured, unsecured, locked, unlocked, open, or enclosed, as well as any area of public property enclosed by a locked fence.
G. "Public property" means any real property within the jurisdiction of the City of San Rafael, which is owned, managed, or controlled by the City of San Rafael.
H. "Public right-of-way" means land which by written instrument, usage or process of law is owned by, reserved for or dedicated to the public use for street or highway purposes, or other transportation purposes, whether or not such land is actually being used or developed specifically for those purposes.
I. "Public utility infrastructure" means public bathrooms or infrastructure and equipment used to provide public utility services, including electricity, gas, water, stormwater, telecommunications, and sanitation services.
J. "School" means any public or private institution of educational learning up to and including grade 12.
K. "Sidewalk" means any area in the city provided for the use of pedestrians, including planting areas, driveway approaches, and parking strips, between the public vehicular roadway and the edge of public right-of-way bordering, fronting, or adjacent to private real property.
L. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.
M. "Vehicle" means any wheeled conveyance, whether motor-powered or self- propelled, and includes any trailer in tow of any size, kind, or description.
19.50.030 - Prohibited Camping on Certain Public Property.
A. Prohibited Camping
1. Open space property Park. No person or persons shall camp in or on any open space property park, or portion thereof.
2. Parking garages. No person or persons shall camp in or on the premises of any parking garage, or portion thereof, owned or operated by the city.
3. Public facilities. No person or persons shall camp in or on any public facility, or portion thereof, or in a manner that obstructs, blocks, or otherwise interferes with access to a public facility or private real property.
4. Playgrounds. No person or persons shall camp within 100 feet of any playground.
5. Schools. No person or persons shall camp within 250 feet of the property boundary of any school.
6. Public right-of-way and sidewalks. No person or persons shall camp in or on any public right-of-way or sidewalk, or portion thereof, or in a manner that obstructs, blocks, or otherwise interferes with use of or access to a public right-of-way or sidewalk.
B. The city council or city manager may, by resolution or administrative order, absolutely prohibit camping, or adopt time, place, or manner conditions on camping, at any time in or on one or more public properties, or portion thereof.
C. The city shall maintain on its public website and in hard copy at the city clerk's office a current citywide map of all public property parcels prohibited to camping by subsections (A)(1), (A)(2), (A)(4), (A)(5), and (B) of this section 19.50.030.
19.50.040 - Prohibited Camping on Other Public Property; Exception.
A. As to public property not listed as prohibited for camping under Section 19.50.030, no person shall camp on such other public property, except as set forth below.
B. Time, place, and manner conditions:
1. Campsite size and occupancy.
a. No campsite occupied by one person shall exceed an area of 200 sq. ft., inclusive camp paraphernalia, and personal property.
b. No campsite occupied by more than one person shall i) exceed an occupancy of four persons or ii) exceed an area of 400 sq. ft., inclusive of camp paraphernalia, and personal property.
c. All camp paraphernalia, and other personal property shall be stored and kept within the maximum permitted campsite area.
d. Items stored or discarded outside of the maximum permitted campsite area shall be presumed to be unattended personal property or trash or debris and may be stored or discarded by the city.
e. No person shall establish or occupy more than one campsite.
2. Clearance and setbacks.
a. A minimum clearance of 10 feet around all sides of any campsite allowed under this section shall be maintained free and clear of trash, debris, and personal property, including but not limited to camp facilities and camp paraphernalia. Items stored or discarded within the 10-foot clearance area shall be presumed to be unattended personal property or trash or debris and may be stored or discarded by the city.
b. No campsite may be established or occupied within 10 feet of any other campsite allowed by this section, public utility infrastructure, or private real property, including a fence of such property.
c. No campsite may be established or occupied within 5 feet of the edge of pavement of a roadway open to the use of the public for purposes of vehicular traffic.
3.Unpermitted structures and building materials. No person shall occupy, construct, or erect on public property, or affix or tie to public or private property, any building, shed, shack, fence, or other structure made of building material, or store any building material on public property for camping. For purposes of this paragraph, “building material” includes wood, steel, concrete, stone, brick, masonry, plastic, cement composites, glass, sand, or other similar material of a type and quantity normally used for construction purposes.
a. Exception: Fabric tents, fabric tarps, or other similar non-permanent, removable items may be used for temporary shelter within a campsite, provided they are not affixed or tied to any public property, private real property, vegetation, or infrastructure, except for the use of removable stakes to secure the item to unimproved ground on public property.
b. Exception: Removable plastic pallets or sandbags may be used to temporarily raise a tent or other camp facility off of the ground, provided that such items are not affixed or tied to any public property, private real property, vegetation, or infrastructure.
19.50.050 - Violations; Enforcement.
A. In addition to enforcement as described below, the City may enforce this chapter pursuant to chapters 1.42, 1.44, and 1.46; provided, however, that no person shall be charged with a criminal violation unless their unlawful conduct is knowing or willful.
B. The city manager or their designee shall be responsible for enforcement of this chapter.
C. For a violation of section 19.50.030(A)-(B), the city manager or their designee may require the person in violation to immediately cease the prohibited camping.
D. For violation of section 19.50.040(B)(1)-(2), related to the size, occupancy, and clearance or setbacks of a campsite, the person camping shall be given 48 hours to come into compliance with this chapter. The city manager or their designee shall provide upon request a physical demarcation of the allowed boundary to assist the person camping to comply with this chapter.
E. Unpermitted structure. For a violation of section 19.50.040(B)(3), related to an unpermitted structure, the structure shall be tagged with a notice to remove the structure from public property within 48 hours. If the noticed structure is not removed from public property within 48 hours of notice, the city manager or their designee may immediately remove such structure and restore the public property.
F. Exigent Circumstances. For a violation of section 19.50.040(B)(1)-(2) whereby there is an imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate action, the City Manager or their designee may require the person in violation to immediately cure the violation. The City Manager or their designee shall provide as much advance notice as reasonable under the circumstances.
19.50.060 - Conflict with Other Regulations.
To the extent that there is any conflict with any other provisions of this code, the standards and regulations of this chapter shall prevail.
SECTION 3. COMPLIANCE WITH CEQA
This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. The City Council hereby finds that under section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment. It also finds the Ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources.
SECTION 4. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared to be severable. If for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases, and the remaining portions or this Ordinance shall continue in full force and effect unless amended or modified by the city.
SECTION 5. EFFECTIVE DATE AND PUBLICATION
This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect 30 days after its adoption. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, 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 and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 7th day of April 2025, and was passed and adopted at a regular meeting of the San Rafael City Council on the 21st of April 2025, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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Kate Colin, Mayor
ATTEST:
_____________________
Lindsay Lara, City Clerk