MEETING DATE:
November 10, 2025
SUBJECT:
Title
ORDINANCE NO. 2025-1571 - SECOND EXTENSION OF AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, 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, TO TAKE EFFECT IMMEDIATELY
Body
Recommendation
Recommendation
ADOPT (No Second Reading Required) an ordinance extending for a second time 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 one year pursuant to California Government Code section 65858(a).
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Board or Commission Action
Not Applicable
Executive Summary
The City Council adopted an Interim Urgency Ordinance pursuant to Ordinance No. 2024-1555 at a Special Meeting on December 2, 2024. The Interim Urgency Ordinance expired 45 days from adoption and was extended for the first time pursuant to California Government Code (GC) section 65858, after notice and public hearing for a period of 10 months and 15 days. The first extension occurred pursuant to the City Council’s adoption of Ordinance No. 2025-1556 on January 14, 2025, and will expire November 29, 2025. GC section 65858 allows a second extension after notice and public hearing for a period of one year.
This second, and final, 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. 2024-1555, 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. The Interim Urgency Ordinance expired on January 16, 2025, and was extended (Extension Ordinance) after notice and public hearing for a period of ten months and fifteen days. The Extension Ordinance will expire November 29, 2025, unless Council approves this duly notice, proposed Second Extension Ordinance, which will extend the Interim Urgency Ordinance for one year.
The purpose of the Ordinances 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.
The City has continued evaluation and study as to the potential for applicable zoning regulations, including taking such actions as:
• Conducting a Public Workshop to present the proposed zoning action and receive community feedback.
• Research and track related federal and state litigation to determine legal climate.
• Determination whether zoning action should include resident-owned mobilehome parks in addition to management owned mobilehome parks.
• Conduct research to assess senior housing vulnerabilities, such as high cost of living, homelessness risks, and unique vulnerabilities of mobilehome space renters.
• Evaluation of options for a zoning change, including scope and approach.
• Determination as to the appropriate scope of CEQA review, if any.
• Consideration of review and research necessary to ensure consistency with the City’s General Plan and Housing Element.
• Consideration of the research necessary to determine the impact of a senior-only mobilehome park ordinance 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
Without further action, the Extension Ordinance would expire on November 29, 2025. Approval of this Second Extension Ordinance by a 4/5 vote will extend the Ordinance by one year.
Written Report Pursuant to Government Code 65858(d)
Ten days prior to the expiration of that interim ordinance or any extension, the Government Code requires that the legislative body issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. This report is appended to the proposed Ordinance as an attachment, and is timely, as the Extension Ordinance will expire November 29, 2025, and this report is issued for the November 10, 2025, City Council meeting.
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)
1. Ordinance. 2025-1571, Second Extension of an Interim Urgency Ordinance of the City Council of the City of San Marcos, California, 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, to Take Effect Immediately;
2. Attachment to Ordinance 2025-1571, Public Report Pursuant to Government Code 65858(d);
3. Interim Urgency Ordinance 2024-1555, Adopted December 2, 2024;
4. Extension Ordinance 2025-1556, Adopted January 14, 2025;
5. Map of Senior Mobilehome Parks; and
6. Correspondence dated October 24, 2024, from Dowdall Law Offices, counsel for Lakeview Mobile Estates
Prepared by: Jacqueline Paterno, Deputy City Attorney
Submitted by: Helen Holmes Peak, City Attorney
Reviewed by: Michelle Bender, City Manager