Special Notice / Hearing: None
Vote Required: 4/5ths
To: Honorable Board of Supervisors
From: Supervisor Ray Mueller, District 3
Supervisor Noelia Corzo, District 2
Subject: Interim Urgency Ordinance Establishing a Temporary Moratorium on New or Expanded Detention and Correctional Facilities
RECOMMENDATION:
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Adopt an Interim Urgency Ordinance of the County of San Mateo making findings and establishing a temporary moratorium on the siting, construction, conversion, and/or operation of new or expanded detention facilities and correctional facilities within the unincorporated area of San Mateo County, to the full extent authorized under State and Federal law.
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BACKGROUND:
The federal government intends to open two detention facilities in the Bay Area, one in unincorporated Santa Clara County (near the City of Gilroy) and one in the City of Dublin. Legal challenges have been successful in delaying progress on both facilities.
In light of these actions by the federal government currently taking place in neighboring counties, it is appropriate for the County to timely develop and consider adopting regulations regarding detention facilities and similar institutional land uses. At its August 11th 2026 meeting, the Board directed staff to prepare an Interim Urgency Ordinance to establish a temporary moratorium on new or expanded detention facilities, and similar institutional land uses, to protect County residents from the imminent harm posed by the unregulated establishment or expansion of such facilities while staff develops appropriate regulations.
DISCUSSION:
The construction and conversion of new detention facilities, and other similar land uses, such as correctional facilities, have the potential to cause significant environmental impacts, strains on local infrastructure, zoning and land use conflicts, and other negative impacts on public health, safety, and wellbeing. Detention and correctional facilities, regardless of the owner or operator, must be sited, designed, and operated in a manner that provides for human habitation, and therefore, must provide for things such as adequate and appropriate water, sewer, energy, fire safety, and ventilation.
The County’s Zoning Regulations do not currently include adequate provisions to ensure that the siting, construction, conversion, and/or operation of detention facilities, or other similar institutional land uses, are sufficiently regulated to avoid harm to the public and such facilities could pose a current and immediate threat to the public health, safety, and welfare of County residents. As such, there is an immediate need to prevent the unregulated siting, construction, conversion, and/or operation of new or expanded detention and correctional facilities in the unincorporated County, which have the potential to negatively affect public health, safety, and wellbeing, as well as the character and aesthetic of the community.
A temporary local moratorium on the construction, conversion, and/or operation of new or expanded detention or correctional facilities is required to allow an opportunity for the County to consider the various policy implications of, and to develop a comprehensive approach to, regulating and mitigating the land use and other community impacts of such facilities in the unincorporated area of San Mateo County
It is further recommended that the Board schedule a noticed public hearing within forty-five (45) days from adoption of the urgency ordinance to consider whether to extend the moratorium.
The County Attorney has reviewed and approved the proposed urgency ordinance as to form.
COMMUNITY IMPACT:
An urgency ordinance to place a temporary moratorium on new or expanded detention and correctional facilities within the unincorporated area of San Mateo County to be in place while staff develops appropriate regulations to prohibit, restrict, and/or otherwise regulate the siting and operation of such facilities within unincorporated San Mateo County will ensure that such facilities are established and operated only in ways that reflect the values of San Mateo County.
FISCAL IMPACT:
There are no net County costs associated with adoption of the proposed urgency ordinance.