MEETING DATE:
JANUARY 14, 2025
SUBJECT:
Title
ORDINANCE NO. 2025-1556 & RESOLUTION NO. 2025-9401 - AN INTERIM URGENCY ORDINANCE EXTENDING A TEMPORARY CITY-WIDE MORATORIUM ON THE CONVERSION/CHANGE OF ANY MOBILEHOME PARK EXISTING IN THE CITY FROM A PARK OCCUPIED PRIMARILY OR EXCLUSIVELY BY RESIDENTS AGED 55 YEARS OR OLDER TO A MOBILEHOME PARK ALLOWING RESIDENTS OF ALL AGES, AND RESOLUTION HOLDING PROPOSED MOBILEHOME PARK CHANGES FROM HOUSING FOR OLDER PERSONS TO HOUSING FOR ALL-AGES IN ABEYANCE PENDING COMPLETION OF CITY REVIEW AND EVALUATION OF THE IMPACTS OF SUCH PROPOSED CHANGES
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Recommendation
Recommendation
1. ADOPT Ordinance No. 2025-1556, extending the Interim Urgency Ordinance imposing a temporary city-wide moratorium on the conversion/change of any mobilehome park occupied primarily or exclusively by residents aged 55 years or older to a mobilehome park allowing residents of all-ages, for a period of 10 months and 15 days pursuant to California Government Code section 65858(a), and
2. APPROVE Resolution No. 2025-9401, holding proposed mobilehome park changes from housing for older persons to housing for all-ages in abeyance pending completion of City review and evaluation of the impacts of such proposed changes.
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Board or Commission Action
Not Applicable
Relevant Council Strategic Theme
Planning for the Future
Executive Summary
The City Council adopted an Interim Urgency Ordinance pursuant to Ordinance No. 2024-1551 at a Special Meeting on December 2, 2024, imposing a temporary City-wide moratorium on the conversion and/or change of any mobilehome park existing in the City that is occupied primarily or exclusively by residents aged 55 years or older to an all-ages mobilehome park. The Interim Urgency Ordinance will expire 45 days from adoption, on January 16, 2025. Pursuant to California Government Code (GC) section 65858, the City Council may extend the Interim Urgency Ordinance after notice and public hearing for a period of 10 months and 15 days. This extension would allow City staff to continue to study and evaluate a potential Zoning Ordinance change to create a “senior only” mobilehome park zoning designation.
Discussion
The City Council adopted Ordinance No. 2024-1551, an Interim Urgency Ordinance which imposed a temporary City-wide moratorium on the conversion and/or change of any mobilehome park existing in the City that is occupied primarily or exclusively by residents aged 55 years or older to an all-ages mobilehome park (Interim Urgency Ordinance) on December 2, 2024, pursuant to GC section 65858. Pursuant to GC section 65858(a), the Interim Urgency Ordinance will expire on January 16, 2025, unless City Council acts to extend it. Adoption of the proposed Ordinance would extend the Interim Urgency Ordinance for an additional 10 months and 15 days.
The purpose of both the Interim Urgency Ordinance and the proposed Extension Ordinance is to protect the public safety, health, and welfare by preserving the status quo while City staff evaluates the preservation of the senior affordable housing stock represented by mobilehome parks, and to ensure possible action thereon does not conflict with the City’s General Plan.
Since the last agenda report, the City has begun initial evaluation and study as to the potential for applicable zoning regulations, including taking such actions as:
• Consideration of options for a zoning change, and potential approaches.
• Determination as to the appropriate scope of CEQA review, if any.
• Discussion of timelines for public workshops, and Planning Commission and City Council hearing dates.
• Consideration of review and research necessary to ensure consistency with the City’s General Plan and Housing Element.
• Consideration of research on the impact of senior-only mobilehome parks on seniors and families living in the City.
• Collection and compilation of data regarding senior-only mobilehome units in the City.
• Evaluation of potential effectiveness of a zoning action to preserve senior affordable housing stock.
Pursuant to GC section 65858(a), the Interim Urgency Ordinance will expire on January 16, 2025, unless City Council acts to extend it. Adoption of the proposed Ordinance by a 4/5 vote would extend the Interim Urgency Ordinance for an additional 10 months and 15 days.
Resolution Holding Proposed Mobilehome Park Changes from Housing for Older Persons to Housing for All-Ages in Abeyance Pending Completion of City Review and Evaluation of the Impacts of Such Proposed Changes
In addition to the proposed extension of the Interim Urgency Ordinance, a resolution is presented for the City Council’s consideration to further address rule changes that may be contemplated or under way by any given mobilehome park that primarily or exclusively create another layer of protection to safeguard senior-only parks in the City. The proposed Resolution would:
• Require a park owner who changes rules or has initiated any such changes that would result in the change to an all-ages park from one occupied primarily or exclusively by seniors to notify the City of the proposed rule change and provide the City the opportunity to study the impact of the change on senior housing before implementing it.
• Hold in abeyance any rule change by a mobilehome park owner that would reduce mobilehome housing for older persons during the City’s evaluation and implementation process
• Remain in effect for one year from the date of the adoption of the resolution, or until applicable regulations are adopted, whichever occurs first.
Correspondence received from counsel for Lakeview on the rules and regulations issue, as well as his subsequent correspondence with the Coast News, are attached to this agenda packet. Approval of the proposed Resolution would require a majority vote of the City Council in favor.
Environmental Review
The proposed actions do 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), no environmental review is required. Notwithstanding the foregoing, the proposed actions contemplated hereunder qualify for an exemption pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility of a significant effect on the environment.
Fiscal Impact
No fiscal impact is anticipated as a result of the proposed Ordinance.
Attachment(s)
ORDINANCE 2025-1556, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS EXTENDING AN INTERIM URGENCY ORDINANCE IMPOSING A TEMPORARY CITY-WIDE MORATORIUM ON THE CONVERSION/CHANGE OF ANY MOBILEHOME PARK EXISTING IN THE CITY FROM A PARK OCCUPIED PRIMARILY OR EXCLUSIVELY BY RESIDENTS AGED 55 YEARS OR OLDER TO A MOBILEHOME PARK ALLOWING RESIDENTS OF ALL AGES
RESOLUTION 2025-9401, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS HOLDING PROPOSED MOBILEHOME PARK CHANGES FROM HOUSING FOR OLDER PERSONS TO HOUSING FOR ALL-AGES IN ABEYANCE PENDING COMPLETION OF CITY REVIEW AND EVALUATION OF THE IMPACTS OF SUCH PROPOSED CHANGES
Interim Urgency Ordinance Adopted December 2, 2025
Memorandum regarding status
Map of Senior Mobilehome Parks within the City of San Marcos
Correspondence dated October 24, 2024, from Dowdall Law Offices, counsel for Lakeview Mobile Estates, to the City Attorney’s Office
Correspondence dated December 6, 2024, from Dowdall Law Offices, counsel for Lakeview Mobile Estates, to Coast News Group
Prepared by: Jacqueline Paterno, Deputy City Attorney
Reviewed by: Michelle Bender, City Manager