PLANNING COMMISSION MEETING DATE:
JULY 6, 2026
SUBJECT:
Title
APPROVAL OF A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN MARCOS RECOMMENDING CITY COUNCIL ADOPTION OF A NOTICE OF EXEMPTION AND AN ORDINANCE ADDING CHAPTER 20.270 OF THE SAN MARCOS MUNICIPAL CODE AND AMENDING THE ZONING MAP TO ESTABLISH A SENIOR MOBILEHOME PARK OVERLAY ZONE OVER SEVEN EXISTING NON-RESIDENT OWNED SENIOR MOBILEHOME PARKS IN SAN MARCOS
LOCATION/APN:
SEVEN MOBILEHOME PARKS THROUGHOUT THE CITY, LOCATED AT:
1. EL DORADO, 1515 CAPALINA RD., SAN MARCOS, CA, 92069, APNS: 772-191-11-01 TO 93.
2. LAKEVIEW ESTATES, 809 DISCOVERY ST., SAN MARCOS, CA 92078, APNS: 772-210-62-01 TO 97; 772-210-63-01 TO 16.
3. PALOMAR ESTATES EAST, 650 S. RANCHO SANTA FE RD., SAN MARCOS, CA 92078, APNS: 772-210-30-01 TO 98; 772-210-31-01 TO 98; 772-210-32-01 TO 98; 772-210-33-01 TO 78.
4. PALOMAR ESTATES WEST, 1930 W. SAN MARCOS BLVD., SAN MARCOS, CA 92078, APNS: 772-210-34-01 TO 95; 772-210-35-01 TO 96, 772-210-36-01 TO 96; 772-210-37-01 TO 96;772-210-38-01 TO 92
5. RANCHO VALLECITOS MOBILE ESTATES, 3535 LINDA VISTA DR., SAN MARCOS, CA 92078, APNS: 772-190-24-01 TO 79; 772-190-25-01 TO 70; 772-190-26-01 TO 98; 772-190-27-01 TO 55.
6. SAN MARCOS MOBILE STATES, 1145 E. BARHAM DR., SAN MARCOS, 92078, APNS: 772-283-14-01 TO 97; 772-283-15-01 TO 97; 772-283-16-01 TO 71.
7. VALLE VERDE ESTATES, 1286 DISCOVERY ST., SAN MARCOS, CA 92078, APNS: 221-210-47-01 TO 95; 772-210-48-01 TO 55.
CASE NUMBER:
NOTICE OF EXEMPTION (EX 26-042) AND TEXT AMENDMENT (TA24-0005)
Body
Recommendation
Recommend to City Council ADOPTION or APPROVAL of the following, in the order set forth below:
1. ADOPT Notice of Exemption (EX 26-042);
2. APPROVE Resolution PC 26-5219 (TA24-0005) to recommend to City Council adoption of an Ordinance adding Chapter 20.270 of the San Marcos Municipal Code and amending the Zoning Map to establish a Senior Mobilehome Park Overlay Zone over the seven existing Senior Mobilehome Parks in San Marcos.
Body
Introduction
Staff recommends that the Planning Commission forward a recommendation to the City Council to amend the San Marcos Municipal Code (“SMMC”) to create a Senior Mobilehome Park Overlay Zone (“Overlay Zone”) in seven existing senior restricted (55+) mobilehome parks in the City of San Marcos. The proposed ordinance would add Chapter 20.270 to the SMMC, establishing the Overlay Zone. Additionally, the proposed ordinance would modify the San Marcos Zoning Map to identify the areas subject to the Overlay Zone. S-RMHP (Senior Residential Mobilehome Park) will appear as a designation over the seven identified parks.
Discussion
Housing shortages, instability, and demographic trends in California highlight the critical need to preserve senior housing opportunities in communities such as San Marcos. The population aged 55 and older is projected to increase by 12.5% between 2020 and 2050 and is expected to comprise nearly 40% of San Diego county’s population by 2050. As the senior population grows, the need for age-restricted housing will continue to increase. The Economic Research Council identified San Marcos as a high-cost community based a review of the cost of food, transportation, health services, rent, utilities, taxes, etc., as such, protecting housing for vulnerable populations is even more essential. The average monthly rent for a 2-bedroom apartment in San Marcos is $2,926. Risk of homelessness is also a growing concern, as one in three individuals experiencing homelessness in San Diego county is age 55 or older, and the numbers of seniors in the county experiencing homelessness for the first time rose by 5% in in 2025.
Given these demographic and housing trends, preserving the existing inventory of age-restricted housing is an important strategy for maintaining housing options for older adults. One category of housing that serves this need is senior mobilehome parks, which provide relatively affordable housing opportunities for residents on fixed or limited incomes.
A senior mobilehome park is a mobilehome park with an occupancy requirement that ensures at least one resident in 80% of the units is 55 years of age or older. Some parks may impose additional age restrictions through their park Rules and Regulations.
There are currently 7 non-resident owned senior mobilehome parks in San Marcos that are potentially at risk of conversion to nonage-restricted housing (resident owned parks have an ability to make age restriction decisions collectively):
1. El Dorado Mobilehome Park,
2. Lakeview Mobile Estates,
3. Palomar Estates East,
4. Palomar Estates West,
5. Rancho Vallecitos Mobile Estates,
6. San Marcos Mobile Estates, and
7. Valle Verde Estates.
The proposed Senior Mobilehome Park Overlay Zone would establish a zoning regulation requiring compliance with the senior occupancy standards in the seven parks identified above. The other 9 mobilehome parks within the city that are either all ages or resident owned will not be affected.
Statutory and Regulatory Support
Federal law permits senior housing, such as the proposed Senior Mobilehome Park Overlay Zone, pursuant to the Fair Housing Act, the Housing for Older Persons Act, U.S. Department Housing and Urban Development (HUD) regulations, and applicable federal case law. The California Unruh Civil Rights Act also permits age-restricted mobilehome housing when the applicable occupancy requirements are consistent with the Fair Housing Act.
Senior housing developments are generally permitted when the following elements are met:
• At least 80% of the occupied units are occupied by at least one person who is 55 years of age or older, and
• The housing facility or community publishes and adheres to policies and procedures that demonstrate the necessary intent to operate as housing for older persons, and
• The housing facility or community verifies occupancy through established means of compliance.
HUD has previously interpreted the elements to allow a municipality to function as the housing facility or community and to allow an ordinance or other municipal action to demonstrate the required intent. HUD regulations identify several factors that may demonstrate such intent, including:
• Zoning maps containing the “senior housing” designation are available to the public;
• Literature distributed by the area describes the area as “senior housing”;
• The “senior housing” designation is recorded in accordance with local property records or other applicable procedures; and
• Zoning requirements include the 55-and-older occupancy requirement or a similar provision.
The Ninth Circuit Court of Appeals has confirmed the municipal authority to protect senior housing through local regulation; however, cases relating to that authority are currently being challenged, in part because the underlying concept of judicial deference to regulatory agency interpretations of federal law has been called into question. The ultimate disposition of these challenges and the timing of any final decision that may affect senior housing overlay zones is currently unknown; it may be quite some time. In the interim, senior housing represented by mobilehome units remains at risk for conversion to all-age occupancy.
In addition to the pending challenges, pending state legislation has been prepared to further clarify municipal authority to require compliance with state law and local senior housing requirements (AB 2596).
Community Benefits
Creation of the Senior Mobilehome Park Overlay Zone will protect a vulnerable population and preserve housing stability within the City of San Marcos. The Overlay Zone will help ensure that existing senior mobilehome parks, as well as any future senior parks, continue to provide age-restricted housing opportunities for older adults. It will also provide greater certainty for residents who chose to live in these communities based on their established senior status.
Mobilehome residents often face significant barriers to relocation. Moving a mobilehome can be prohibitively expensive, and available spaces within other mobilehome parks are often limited or unavailable. As a result, displacement can create substantial housing challenges, particularly for older adults living on fixed incomes.
Senior mobilehome parks provide a unique housing option that supports aging in place by offering relatively affordable housing opportunities in communities designed for older adults. These communities promote independent living while fostering social connections, stability, and a living environment tailored to the needs and expectations of senior residents.
Environmental Review
The proposed amendment to the San Marcos Municipal Code, adding Chapter 20.270 establishing a Senior Mobilehome Park Overlay Zone does not constitute a “project” as defined under section 15378 of the California Environmental Quality Act State Guidelines (CEQA Guidelines) set forth at California Code of Regulations, Title 14, Division 6, Chapter 3. Therefore, pursuant to CEQA Guidelines section 15060(c)(3), the proposed action is not subject to CEQA and no environmental review is required.
In addition, if the proposed action were determined to be a project under CEQA, it would be exempt from environmental review pursuant to CEQA Guidelines section 15061(b)(3), the common sense exemption, because it can be seen with certainty that there is no possibility of a significant effect on the environment. The proposed amendment establishes occupancy requirements for existing senior mobilehome parks and does not authorize new development, physical changes to the environment, or changes in land use. Rather, it recognizes and preserves existing age-restricted mobilehome park communities. Therefore, the proposed action would not result in any potential environmental impacts.
Public Comment
The City of San Marcos conducted a publicly noticed community workshop on September 4, 2025, regarding the proposed Residential Mobilehome Park Senior Overlay. Eighty-three members of the public signed in as attendees.
Comments received during the workshop primarily requested information regarding the legal challenges that had delayed consideration of the proposed overlay ordinance and sought clarification regarding the purpose and effect of the proposed Senior Overlay. Workshop participants generally expressed support for the proposed action, citing the importance of preserving senior housing opportunities and maintaining the existing age-restricted status of mobilehome parks that provide affordable housing options for senior residents.
In addition to comments received at the workshop, three written public comments were submitted in response to the workshop notice, and two additional comments were received following notice of the Planning Commission hearing. These comments are included as Attachment D.
City staff contacted three residents to clarify the intent of the Senior Mobilehome Park Overlay action proposed, as their comments showed they initially interpreted the proposed action as a conversion of senior mobilehome parks to all-ages parks. Staff clarified that the proposed Residential Mobilehome Park Senior Overlay is intended to preserve and protect the existing senior age restrictions within the affected mobilehome parks and prohibit their conversion to non-age-restricted communities. Responsive communications are also included in Attachment D.
Attachment(s)
Resolution:
1. RESOLUTION PC 26-5219 - Amending SMMC Chapter 20.270
A. Clean version of Ordinance Adopting SMMC Chapter 20.270
B. Senior Mobilehome Park Overlay Map
C. Notice of Exemption (EX 26-042)
D. Public Comment
Prepared by: Jacqueline Paterno, Deputy City Attorney
Sarah Cluff, Senior Planner
Reviewed by: Sean del Solar, Principal Planner / Sustainability Program Manager
Sylvia Daniels, Housing and Neighborhood Services Director
Submitted by: Joseph Farace, Planning Division Director