Special Notice / Hearing: 10-day notice __
Vote Required: Four-fifths (4/5)
To: Honorable Board of Supervisors
From: Supervisor Ray Mueller, District 3
Supervisor Noelia Corzo, District 2
Subject: Extension of Urgency Ordinance Imposing a Temporary Moratorium on New or Expanded Detention and Correctional Facilities
RECOMMENDATION:
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Public hearing to consider adoption of an ordinance to extend an Interim Urgency Ordinance of the County of San Mateo making findings and extending 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:
A) Open public hearing
B) Close public hearing
C) Adopt an ordinance to extend the Interim Urgency Ordinance of the County of San Mateo making findings and extending 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.
On August 25, 2026, pursuant to Government Code Section 65858 the Board of Supervisors unanimously adopted an interim urgency ordinance, Ordinance No. 4922, imposing a temporary 45-day moratorium on: (1) the siting, construction, conversion, and/or operation of any new or expanded detention facility or correctional facility in every zoning district in the unincorporated County; and (2) the filing, acceptance, processing, or approval of any permit application to site, construct, convert, and/or operate any public or private detention facility or correctional facility in the unincorporated County (“Urgency Ordinance”).
The Urgency Ordinance may be extended by the Board following a noticed, public hearing.
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.
On September 4, 2026, staff posted and published notice of the hearing to extend the Urgency Ordinance and, in the notice, included a report of the measures taken to alleviate the conditions that led to adoption of the Urgency Ordinance on August 25, 2026, as required by Government Code Section 65858(d). Those measures are as follows:
• Staff reviewed the County’s existing Zoning Regulations to identify any deficiency in existing regulations and opportunities to add regulations regarding new or expanded detention or correctional facilities.
• The County is convening an interdepartmental committee, composed of staff from the County Executive’s Office, County Attorney’s Office, and Planning and Building Department to consider policy and legal implications of, and to develop a comprehensive approach to, regulating and mitigating the land use and other community impacts of new or expanded detention or correctional facilities.
• The interdepartmental committee is developing a plan to evaluate options for regulating new or expanded detention or correctional facilities, to analyze specific geographic regions where such facilities may be accommodated subject to permitting and regulation, or alternatively should be prohibited, considering constraints related to access, infrastructure capacity, natural hazards, resource protection, and the public’s health, safety, and welfare, and to develop public processes to notify and obtain the input of property owners and interested parties, including other public agencies within the County, regarding the development of such regulations.
• Staff researched state and federal law concerning the siting, construction, and operation of detention and correctional facilities.
The County requires additional time to research, develop, and adopt the contemplated zoning regulations for new and expanded detention and correctional facilities in the unincorporated areas of San Mateo County. As such, we recommend that, pursuant to Government Code Section 65858, the Board adopt an ordinance to extend the Urgency Ordinance that imposes the temporary moratorium. The Urgency Ordinance is currently set to expire on October 9, 2026 and we recommend that it be extended for an additional 10 months and 15 days, until August 24, 2027.
The County Attorney has reviewed and approved the proposed ordinance to extend the Urgency Ordinance as to form.
COMMUNITY IMPACT:
The extension of the 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 the County.
FISCAL IMPACT:
There are no net County costs associated with extending the Urgency Ordinance.