PUBLIC REPORT [GOVERNMENT CODE SECTION 65858(d)] REGARDING INTERIM URGENCY ORDINANCE NO. 2025-XXXX, 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 EXISITING 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 BACKGROUND:
Government Code Section 65858(d) requires that “ten days prior to the expiration or extension of any interim zoning ordinance, the legislative body [City Council] must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.” 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 pursuant to California Government Code (GC) section 65858, after notice and public hearing for a period of 10 months and 15 days. That extension occurred pursuant to 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 report must be issued by City Council 10 days prior to November 29, 2025 to meet the requirements of GC 65858(d). Ord. No 2025-xxx will extend the Urgency Ordinance for a one year period.
Measures taken to alleviate the condition which led to the adoption of the ordinance On September 4, 2025, a Public Workshop was held pursuant to the City’s zoning ordinance. At the workshop, plans for the Senior Overlay zone were presented to City residents who provided feedback and asked questions relating to the proposed action.
The City has also compiled the Rules and Regulations from all mobilehome parks in the City to confirm the age restricted status of each park. Such efforts additionally confirmed which parks are management-owned and which are resident-owned.
Additional measures taken include:
Research and track related federal and state litigation to determine legal climate.
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.
In compliance with Government Code Section 65858(d), the City Council hereby issues this report for Ordinance No. 2025-XXX.