MEETING DATE:
September 8, 2026
SUBJECT:
Title
ORDINANCE NO. 2026-1582 - ADDING CHAPTER 20.270 TO 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
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Recommendation
Recommendation
INTRODUCE (First Reading) Ordinance 2026-1582, an Ordinance adding Chapter 20.270 (Senior Mobilehome Park Overlay Zone) to the San Marcos Municipal Code and amending the Zoning Map to establish a Senior Mobilehome Park Overlay Zone, and Notice of Exemption (EX 26-042).
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Board or Commission Action
Not Applicable
Executive Summary
Staff recommends that City Council 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.
LOCATION/APN:
SEVEN MOBILEHOME PARKS THROUGHOUT THE CITY, LOCATED AT:
1. EL DORADO, 1515 CAPALINA RD., SAN MARCOS, CA, 92069, APNS: 219-116-02-00.
2. LAKEVIEW ESTATES, 809 DISCOVERY ST., SAN MARCOS, CA 92078, APNS: 221-062-09-00; 221-062-10-00.
3. PALOMAR ESTATES EAST, 650 S. RANCHO SANTA FE RD., SAN MARCOS, CA 92078, APNS: 221-023-03-00; 221-023-04-00.
4. PALOMAR ESTATES WEST, 1930 W. SAN MARCOS BLVD., SAN MARCOS, CA 92078, APNS: 221-023-15-00.
5. RANCHO VALLECITOS MOBILE ESTATES, 3535 LINDA VISTA DR., SAN MARCOS, CA 92078, APNS: 219-023-01-00; 219-241-30-00; 219-241-34-00.
6. SAN MARCOS MOBILE STATES, 1145 E. BARHAM DR., SAN MARCOS, 92078, APNS: 228-310-66-00.
7. VALLE VERDE ESTATES, 1286 DISCOVERY ST., SAN MARCOS, CA 92078, APNS: 221-041-74-00.
Discussion
Housing shortages, instability, and demographic trends in California highlight the critical need to preserve senior housing opportunities in communities such as the City of 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 Institute 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, as of August 2026, is $2,953. 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 non-age-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 seven mobilehome parks consist of 1804 total mobilehome spaces combined. The proposed ordinance will preserve at least eighty percent of those spaces (1,443), for housing for seniors 55 and older. The other 9 mobilehome parks within the city that are either currently operated as all ages parks or resident-owned parks 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, that authority is currently being challenged in pending litigation, 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 some time until a final determination is made. In the interim, senior housing represented by mobilehome units remains at risk for conversion to all-age occupancy.
In addition to the current legal challenges, state legislation in the form of AB 2596 was introduced, inter alia, to reference state and local requirements in the event a park owner fails or elects not to comply with federal requirements, and to provide municipal authority to conduct age verification surveys if the park owner refuses to comply with federal requirements including, but not limited to, the Housing for Older Persons Act. AB 2596 has passed both the Assembly and the Senate, and awaits the Governor’s signature as of the date this report was entered.
Community Benefits
Creation of the Senior Mobilehome Park Overlay Zone will protect a vulnerable population and will aid the preservation of 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, which would add 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 or require new development, physical changes to the environment, and/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.
Fiscal Impact
The proposed ordinance is not anticipated to cause a significant fiscal impact.
Planning Commission
This proposed ordinance was presented to the Planning Commission on July 6, 2026, where it was recommended to City Council for approval by a unanimous vote.
Following the Planning Commission’s recommendation to City Council for approval of TA24-0005 on July 6, 2026, a change to the proposed text amendment to Title 20 has updated the ordinance text to simply describe the seven subject mobilehome parks by their underlying Assessor Parcel Numbers (APN), removing the individual coach owner APNs, to ensure the overlay runs with the land in case of any County Assessor changes to coach ownership APNs. Please see Attachment F reflecting the errata changes. The change does not affect the reach and/or scope of the proposed ordinance, nor does it change the operational provisions of the ordinance.
Public Comment
A publicly noticed community workshop regarding the proposed Senior Mobilehome Park Overlay Zone was conducted on September 4, 2025. 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 Mobilehome Park Overlay Zone. 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 three additional comments were received following notice of the Planning Commission hearing. These comments are included as Attachment D.
City staff contacted two 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 to prohibit their conversion to non-age-restricted communities. Responsive communications are also included in Attachment D.
Eight speakers provided public comments at the July 6, 2026, Planning Commission hearing. Comments were generally supportive of the proposed Text Amendment and establishment of the Senior Mobilehome Park Overlay as a means of preserving the age-restricted status of the existing non-resident-owned senior mobilehome parks.
Some commenters requested clarification of the project description included in the Planning Commission Notice of Public Hearing, indicating that the description was interpreted by some residents as allowing conversion of the affected parks to all-age occupancy. City staff subsequently revised the project description for the City Council Notice of Public Hearing to clarify that the proposed amendment would preserve the 55-and-older age-restricted status of the seven affected mobilehome parks.
Attachment(s)
1. Ordinance 2026-1582 - Adding 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
E. Draft Planning Commission Meeting Minutes
F. Errata to proposed SMMC Chapter 20.270 following Planning Commission Approval
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
Joseph Farace, Planning Division Director
Isaac Etchamendy, Development Services Director / City Engineer
Submitted by: Helen Holmes Peak, City Attorney
Reviewed by: Michelle Bender, City Manager