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San Marcos adopts emergency ordinance to implement state transit‑oriented housing law
Summary
The San Marcos City Council on July 14 adopted an urgency ordinance and companion regular ordinance to implement California Senate Bill 79, which allows higher‑density housing near qualifying transit stops; the vote passed 4–0 with Mayor Mary Jones abstaining after recusing herself.
San Marcos city council members voted July 14 to adopt an urgency ordinance and a companion non‑urgency ordinance to implement California Senate Bill 79 (SB 79), the state law that requires higher‑density residential development within 0.5 mile of qualifying transit stops.
City staff provided a detailed presentation explaining that SB 79 applies to sites zoned residential, commercial or mixed‑use and sets minimum project thresholds (at least five dwelling units and 30 dwelling units per acre for transit‑oriented housing). Under the ordinance staff proposed, density and height standards vary by proximity to a transit stop: for example, up to 100 dwelling units per acre and 65‑foot building heights within 0.25 mile, with an adjacency intensifier near immediate stops that could allow up to 140 dwelling units per acre and 85‑foot heights.
City staff also explained how the ordinance preserves local controls where state law allows, establishes exemptions and temporary exclusions (including properties that lack a pedestrian route under 1 mile, and areas in very high wildfire severity zones), and requires that transit‑oriented projects of more than 10 units provide on‑site affordable housing at the state minimums rather than meeting inclusionary requirements solely by paying in‑lieu fees. "SB 79 became effective on 07/01/2026," staff said during the presentation, noting that the city will submit the adopted ordinance to the California Department of Housing and Community Development (HCD) for review.
Council members questioned staff about how SB 79 interacts with the city's existing 15% inclusionary housing requirement, the urgency timeline, and the city’s ability to shape a longer‑term approach through the general plan update. Staff said HCD review comments could arrive within roughly 30–90 days and that the city expects to develop alternative TOD plans as part of a general plan update; those alternatives must be in place within one year following the seventh housing element cycle, anticipated in later planning timelines.
Deputy Mayor Sunella presided over the item after Mayor Mary Jones recused herself because she lives within one of the zones. Following public comment from residents and a brief council debate about preserving wildfire protections and local planning authority, the council voted to adopt both the urgency and regular ordinances. The motion passed 4–0 with Mayor Jones abstaining. Councilmember Nunez moved to adopt and Councilmember LeBlanc seconded.
Staff said the adopted ordinance will be submitted to HCD within a week for final review and that the urgency measure would take effect immediately, with the non‑urgency ordinance taking effect after the required second reading and applicable timelines.
What's next: the city will submit the adopted ordinances to HCD for review, proceed with alternative plan work as part of the general plan update, and accept further public input through the planning process as that work proceeds.
