Yes. San Marcos adopted a senior mobilehome park overlay zone for seven listed parks, keeping them subject to senior occupancy rules. At least 80 of every 100 spaces must be occupied by, or intended for, at least one person age 55 or older.
What the city decided
The City Council adopted the ordinance on second reading, 5 to 0, on September 22. A second reading is the final vote on an ordinance introduced at an earlier meeting. The overlay adds these rules on top of the existing zoning. The ordinance says senior parks face the threat of converting to all age parks, and that many residents bought their homes expecting the parks to stay 55 and over.
Where and who it affects
The overlay covers El Dorado, 1515 Capalina Road; Lakeview Estates, 809 Discovery Street; Palomar Estates East, 650 South Rancho Santa Fe Road; Palomar Estates West, 1930 West San Marcos Boulevard; Rancho Vallecitos Mobile Estates, 3535 Linda Vista Drive; San Marcos Mobile Estates, 1145 East Barham Drive; and Valle Verde Estates, 1286 Discovery Street.
It affects residents, owners, buyers and park operators there. The parks are not owned by their residents, and spaces are rented. Homes outside the seven parks are not included.
What it could mean for your property
Mobilehome ownership is not restricted by age. The occupancy rule is satisfied when at least one resident is 55 or older, even if the mobilehome owner is younger.
After the ordinance takes effect, spaces and mobilehomes may be rented only to occupants who meet the senior occupancy rules. Current occupants under 55 who rented before the effective date may remain. When they leave, the mobilehome and space must be rented to qualifying occupants.
Advertisements, leases, rental agreements and park rules must identify each covered property as a senior mobilehome park. Operators must verify ages at least annually, retain records for six years and file an annual certification with the city housing director. Failure to comply is a Municipal Code violation.
The ordinance sets age occupancy rules only and does not authorize or require new development.
Questions to ask before you buy or build
- Is the home in one of the seven overlay parks?
- Does at least one intended resident meet the age requirement?
- What senior occupancy terms appear in the lease and park rules?
What happens next
The ordinance takes effect 30 days after its September 22 adoption.