____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: SM 1.e
Meeting Date: June 15, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: John Stefanski
Assistant City Manager
City Manager Approval: ______________
TOPIC: CAMPING REGULATIONS EVALUATION AND PROPOSED CHANGES SUBJECT: ENFORCEMENT UPDATE OF SAN RAFAEL MUNICIPAL CODE (“SRMC”) CHAPTER
19.50, “CAMPING ON PUBLIC PROPERTY”; ADOPTION OF A RESOLUTION PROHIBITING CAMPING ALONG ANDERSEN DRIVE PURSUANT TO SRMC §
19.50.030(B); CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINES 15061(B)(3); 15307; 15308 AND ACCEPT REPORT ON ADMINISTRATIVE INTERPRETATION OF "PUBLIC FACILITY" AND “PARK” UNDER SRMC §
19.50.030(A)(1), (3)
RECOMMENDATION:
Staff recommend the City Council receive the enforcement update of SRMC Chapter 19.50, “Camping on Public Property”, adopt the resolution prohibiting camping along Andersen Drive between Lindaro and Irwin Streets, and accept the report on the administrative interpretation of “Public Facility” under SRMC § 19.50.030(A)(1),(3).
BACKGROUND:
San Rafael Municipal Code Chapter 19.50, Camping on Public Property, has been amended several times since the City Council first adopted Ordinance No. 2030 in July 2023. In April 2024, the Council adopted Ordinance No. 2035 to address concerns raised by the federal court in Boyd et al. v. City of San Rafael and to modify campsite size and spacing requirements. Following the U.S. Supreme Court's decision in Grants Pass v. Johnson in June 2024—which reversed the Ninth Circuit's Eighth Amendment framework that had constrained local camping regulation—the Council adopted Ordinance No. 2040 in August 2024. Ordinance 2040 provided the City with greater regulatory flexibility, clarified the prohibition on unpermitted structures, and established a 5-foot roadway setback requirement. Ordinance 2040 took effect on October 3, 2024.
The City also established a Sanctioned Camping Area (SCA) in October 2024 on the northern section of the Mahon Creek Path, funded through a $5,999,241 Encampment Resolution Funding Round 3 (ERF3) grant awarded jointly to the City and the County of Marin. The SCA has operated, on average, at full capacity of 50 participants since opening and has served as a critical managed housing pathway, with multiple participants securing permanent housing or employment since its inception.
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In October 2024, the City Council adopted Resolution No. 15349, prohibiting camping on the South Mahon Creek Path between Lincoln Avenue and Andersen Drive, to support the integrity of the SCA and prevent unmanaged encampments from forming adjacent to the sanctioned site.
In April 2025, the Council adopted Ordinance No. 2046, which amended Chapter 19.50 to prohibit camping in all City parks. The amendment replaced the prior prohibition on camping in open space property with a prohibition on camping in parks, as defined in SRMC Section 19.20.020(I), which encompasses both parks and open space. The Council acted on the basis of heightened wildfire risk, the designation of multiple City parks within Cal Fire's updated Fire Hazard Severity Zones, and the absence of any individuals camping in City parks at the time of adoption.
In November 2025, the Council declared a shelter crisis and entered into a Grant Agreement with the County of Marin to facilitate the purchase of 350 Merrydale Road and establishment of the County’s first interim shelter and a future affordable housing project. The proposed interim shelter will provide 65 cabins for individuals experiencing homelessness and will connect them to housing based case management and other social services on site.
In January 2026, the Council adopted Resolution No. 15494, prohibiting camping at City Hall (APN 011- 203-12) through July 21, 2026, to facilitate rodent and pest mitigation and planned capital improvement work.
Staff returns now with an updated evaluation of camping ordinance enforcement and recommendations for Council consideration as the City moves closer to the opening of the 350 Merrydale Interim Shelter.
ANALYSIS:
Camping Ordinance Enforcement Evaluation October 2024 – February 2026 Since Ordinance 2040 took effect in October 2024, the City has maintained a consistent enforcement cadence. Enforcement activities related to campsite size, setback, and unpermitted structure violations take place each Tuesday and Thursday. Enforcement of camping prohibitions occurs on Tuesdays and Wednesdays and on an as needed basis. The City's Special Operations Unit (SOU) conducts weekly assessments of known hotspots, issues notices to non-compliant campsites, and coordinates with the City's encampment clean-up contractor for follow-up actions 24 to 48 hours after noticing.
The following table summarizes citywide enforcement metrics across three comparable five-month periods since the ordinance took effect.
Table 1: Citywide Calls for Service & Campsite Warning Notices – October 2024 through April 2026 Category 2024
(Oct-Dec)
2025 2026
Year to Date
Calls for Service (Camping) 146 324 61
Campsite Warning Notices
Issued
46 72 18
Arrests Resulting from
Camping CFS
Low Low Low
The data reflects several meaningful trends. First, campsite warning notices have stabilized over time.
Following an initial enforcement surge of 46 notices in the first three months after initial adoption (~15 per month), the pace of noticing moderated to 72 notices over the full calendar year 2025 (~6 per month).
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Early 2026 data indicate a continuing stable pace of (~4.5 per month). Staff attributes this stabilization to a combination of factors: improved community awareness of the camping ordinance's requirements, consistent outreach from the City's Special Operations Unit and nonprofit partners, and the structure provided by the SCA for the City's largest encampment population.
Second, while calls for service related to camping activity remain present across the City, only a small proportion have resulted in arrests. This pattern reflects the City's deliberate approach of prioritizing engagement, outreach, and voluntary compliance over punitive enforcement. These efforts are complimented by the SAFE Team who continues to divert a significant share of calls to service-based responses rather than law enforcement action.
Third, the SCA has demonstrably reduced campsite warning report activity in the Mahon Creek corridor.
Since the SCA's opening, the number of Campsite Warning Police Reports citywide declined by nearly 18 percent compared to the five-month period prior to October 2024, consistent with the removal of the City's largest unmanaged encampment from the inventory of enforcement locations.
Overall, staff finds that Chapter 19.50's regulatory framework has functioned as intended: it has given the City consistent and adaptable tools to manage camping activity, reduced the concentration of large, unmanaged encampments, and supported a service-oriented enforcement approach. The data also highlights that camping activity persists citywide, underscoring the continued importance of pairing regulatory enforcement with managed solutions, including the forthcoming Merrydale Interim Shelter.
Administrative Interpretation: Definition of "Public Facility" and “Parks” Under SRMC §
19.50.030(A)(1),(3)
SRMC § 19.50.030(A)(3) prohibits camping 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.” SRMC § 19.50.020(G) defines "public facility" as “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.” In addition, SRMC § 19.50.030 prohibits camping “in or on any park, or portion thereof.” “Park” is defined broadly to include “every park, plaza, outdoor public area, trails, open space property, greenbelt, or portion thereof, together with any accompanying parking lot or staging area, which is owned, managed, or controlled by the City of San Rafael for the recreational use and/or enjoyment of the public.” (SRMC §§ 19.20.020(I); 19.50.020(D).)
Due to changes in the legal landscape surrounding the Camping Ordinance, staff have reviewed and are now recommending an updated administrative interpretation that City Hall and other municipal buildings—including the Public Safety Center, community centers, and libraries—are public facilities within the plain meaning of “public facility” under SRMC 19.50.030(A)(3). In addition, the definition of park would include the open areas surrounding public facilities, such as the grassy area and adjacent parking lot at City Hall, as well as the grassy area between Merrydale Road and the boundary of the property for the Marin Civic Center SMART Station . Accordingly, camping in or on City Hall property, or in a manner that obstructs access to City Hall, is prohibited under § 19.50.030(A)(3), independent of any resolution or administrative order.
This administrative interpretation does not require City Council action. Staff reports it here to ensure transparency regarding how the existing code is being applied and to provide a clear basis for enforcement at City Hall and similar municipal buildings going forward, particularly as Resolution No. 15494, which temporarily prohibited camping around City Hall, approaches its July 21, 2026, expiration.
Staff will continue to apply this interpretation to enforce camping prohibitions at public facilities consistent with Section 19.50.050(C) which provides the city manager or their designee to require a person camping on such property to immediately cease the prohibited camping.
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Resolution Prohibiting Camping on Andersen Drive
It has been the intent of the City to prohibit camping along Andersen Drive concurrently with the opening of the 350 Merrydale Interim Shelter. Staff have made this representation before the City Council at various presentations relating to the 350 Merrydale project, as well as at various public community meetings and on the City’s website. Accordingly, staff recommend that the City Council adopt a resolution pursuant to SRMC § 19.50.030(B) prohibiting camping on adjacent segments of right of way along the Andersen Drive (between Lindaro Street and Rice Street).
Conditions along the Andersen Drive corridor, specifically between Lindaro and Irwin Streets, have not improved in recent months. Active encampment activity has resulted in accumulation of trash, debris, and human waste, raising significant public health and safety concerns and generating substantial calls for service to the Police Department as well as the Public Works Department. Since 2025, the San Rafael Fire Department has responded to seven encampment related fires at or near the Andersen drive encampment. The City continues to receive complaints from residents and business owners over the state of the encampment as well as reports of debris spilling out into the bike lane and roadway as well individuals themselves walking into on-coming traffic.
Critically, the anticipated opening of the Merrydale Interim Shelter at 350 Merrydale Road in Fall 2026 presents a targeted and service-rich housing pathway for individuals currently residing along Andersen Drive. The planned shelter, developed in partnership with the County of Marin, will provide 65 cabin units connected to housing-based case management and supportive services. Individuals currently camping along Andersen Drive, as well as the current participants of the Sanctioned Camping Area will be the only individuals eligible to participate in the Merrydale Interim Shelter.
Staff recommend that the City Council adopt a resolution which first prohibits new camping along Andersen drive between Lindaro Street and Irwin Street, and then fully prohibits camping concurrent with the opening of the Merrydale Interim Shelter. This approach allows the existing encampment population to remain in this location until they can be relocated into the Sanctioned Camping Area, as space becomes available, and then the Merrydale interim shelter once it opens. Once the Merrydale interim shelter opens, this encampment will be removed and future camping on the property will be expressly prohibited.
While participation in the SCA and Merrydale Shelter is limited to an already identified list of 70 unique individuals, this approach is designed to stem any potential increase in encampment population from this time through the opening of the shelter. This approach will also give outreach staff ample time (i.e. months) to begin structured outreach in anticipation of the closure of the encampment and relocation of individuals.
This approach is consistent with the City's prior use of § 19.50.030(B) to address specific corridor and site-based concerns. The South Mahon Creek Path prohibition adopted in October 2024 demonstrated that targeted, resolution-based prohibitions can effectively manage encampment conditions in proximity to managed shelter programs. Andersen Drive presents an analogous situation, and the impending Merrydale opening provides a clear service-side complement to the regulatory action.
Alternative: Take no Action
Lastly, the City Council could elect to not adopt the proposed resolution A departure from what has been publicly discussed, this option would permit camping to continue along Andersen Drive after the opening of the Merrydale Project. Staff does not recommend this approach given the public health and safety concerns with allowing the encampment along Andersen to persist.
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350 Merrydale Context
Throughout the community engagement efforts related to the 350 Merrydale, members of the community have expressed concerns around the perception that encampments may begin to develop within the surrounding Rafael Meadows neighborhood and adjacent properties to 350 Merrydale. Under the proposed interpretation, there are no locations within the Rafael Meadows neighborhood where an individual could legally camp under SRMC 19.50. Furthermore, for nearby and adjacent Caltrans properties, Caltrans expressly prohibits encampments on its right-of-way. While only Caltrans retains the ability to enforce their policy on their property, the City is continuing its efforts to engage with Caltrans to develop a Deferred Maintenance Agreement whereby the City would be able to enforce and abate any encampments on Caltrans right-of-way within the boundaries of the City.
Homelessness Subcommittee Review
The City Council Homelessness Subcommittee received a presentation on the staff recommendation at their May 19, 2026, meeting. The Subcommittee expressed their support of the recommended approach detailed in this report.
ENVIRONMENTAL REVIEW:
Staff finds that the proposed approval of this resolution is exempt from the California Environmental Quality Act (CEQA) because the proposed action is intended to limit the secondary impacts associated with unhoused persons living in locations could cause damage to environmental resources, and to prohibit discharges of untreated wastewater and other pollutants, and is therefore exempt under Cal.
Code of Regs, tit, 14,§ 15307, as an action to protect natural resources and under Cal. Code Regs, tit. 14, § 15308, as an action for protection of the environment. In addition, the resolution is exempt under the “common sense” exemption because it does not involve the construction or alteration of facilities and has no potential for resulting in direct or indirect significant effect on the environment, as described in CEQA Guidelines section 15061(b)(3).
COMMUNITY OUTREACH:
In advance of this item, Community Services staff conducted outreach to the City’s non-profit and County partners and outreached the Marin County Lived Experience Advisory Board. In the event the City Council adopts the proposed resolution, staff will conduct targeted field outreach to individuals currently camping on Andersen Drive to educate them on the changes in regulations.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of the proposed resolution. Costs associated with outreach, noticing, and encampment clean-up activities at Andersen Drive are anticipated to be absorbed within existing departmental budgets. Staff will monitor costs and report to the Council if additional appropriations are needed.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the staff recommendation.
2. Adopt resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Staff recommend the City Council receive the report on enforcement update of SRMC Chapter 19.50, “Camping on Public Property”, adopt the resolution prohibiting camping along the full length of Andersen SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
Drive, and accept the report on the administrative interpretation of “Public Facility” under SRMC §
19.50.030(A)(1),(3).
ATTACHMENTS:
1. Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
PROHIBITING CAMPING ON ANDERSEN DRIVE
WHEREAS, the City of San Rafael owns and manages public property, including streets and public rights-of-way, and has a responsibility to maintain these properties as safe, accessible, and functional spaces for the entire community; and WHEREAS, San Rafael Municipal Code (SRMC) Section 19.50.030(A)(6) prohibits camping in or on any public right-of-way or sidewalk, or portion thereof; and WHEREAS, San Rafael Municipal Code (SRMC) Section 19.50.030(B) authorizes the City Council to absolutely prohibit camping, or to adopt time, place, or manner conditions on camping, at any time in or on one or more public properties or portions thereof; and
WHEREAS, Andersen Drive is a public street and right-of-way within the City of San Rafael and the public property adjacent to and along Andersen Drive is owned and/or managed by the City; and
WHEREAS, camping activity along Andersen Drive has resulted in conditions that raise significant public health and safety concerns, including accumulation of trash, debris, and human waste; and obstruction of public access and circulation; and WHEREAS, the San Rafael Police Department has responded to a substantial volume of calls for service along the Andersen Drive corridor related to camping activity, creating public safety challenges for both the unsheltered individuals camping in the area and for the surrounding community; and
WHEREAS, the City, in partnership with the County of Marin, anticipates the opening of the Merrydale Interim Shelter at 350 Merrydale Road in Fall 2026, which will provide up to 65 cabin units with on-site housing-based case management and supportive services, and is intended to serve individuals currently participating in the Sanctioned Camping Area as well as those currently residing along the Andersen Drive corridor; and
WHEREAS, establishing a camping prohibition along Andersen Drive now will assist the City in managing conditions in the corridor in advance of the Merrydale Interim Shelter opening, support outreach and intake efforts targeting Andersen Drive residents, and help ensure that individuals are connected with services and stable housing pathways; and
WHEREAS, the City Council finds that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) (common sense exemption), and sections 15307 and 15308 of Title 14 of the California Code of Regulations, as actions taken to protect natural resources and the environment.
NOW, THEREFORE BE IT RESOLVED, based on the staff report and presentation and public comment received, the City Council hereby finds that the foregoing recitals are true and correct and orders that, no new campsite is allowed along Andersen Drive between Lindaro and Irwin Streets, including all public property, public rights-of-way, and City-owned parcels adjacent to or along Andersen Drive, effective immediately.
BE IT FURTHER RESOLVED that concurrent with the opening of the Merrydale Interim Shelter, all camping shall be prohibited along Andersen Drive between Lindaro and Irwin Streets, including all public property, public rights-of-way, and City-owned parcels adjacent to or along Andersen Drive.
BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary to effectuate this prohibition, including but not limited to issuing required notices to individuals currently camping within the affected area, coordinating outreach and connection to available shelter and services, and clearing existing campsites in accordance with applicable law and City policy.
BE IT FURTHER RESOLVED that this prohibition shall remain in effect until a subsequent resolution of the City Council or administrative order of the City Manager rescinds or modifies the prohibition.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 15th day of June 2026, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________
Lindsay Lara, City Clerk