HomeMy WebLinkAboutOrdinance 2046 (Camping Ordinance)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2046
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
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 7th day of April 2025; a
SUMMARY of Ordinance No. 2046 was published as required by City Charter in the
MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael,
and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City, held on the 21st day of April 2025, by the following vote, to wit:
AYES: COUNCILMEMBERS: Hill, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: Kertz
ABSENT: COUNCILMEMBERS: Bushey
WITNESS my hand and the official
Seal of the City of San Rafael this
22nd day of April 2025
______________
LINDSAY LARA, City Clerk
ORDINANCE NO. 2046
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: Hill, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: Kertz
ABSENT: COUNCILMEMBERS: Bushey
Kate Colin, Mayor
ATTEST:
Lindsay Lara, City Clerk
