Agenda packet — San Marcos City Council, July 14, 2026 (part 2 of 2)

review and approval by the California Department of Housing and Community Develop ment (HCD); and

WHEREAS, Government Code Section 65912.161(b), authorizes local jurisdictions to phase implementation of SB 79 on certain sites through adoption of a local ordinance, subject to review and approval by the California Department of Housing a nd Community Development (HCD); and

WHEREAS, Government Code Section 65912.160(c)(1), authorizes local jurisdictions to establish objective residential density and development standards for properties located within one-quarter and one -half mile of qualifying transit -oriented development (TOD) stops through adoption of a local ordinance, subject to review and approval by the California Department of Housing and Community Development (HCD); and

WHEREAS, the City Council desires to preserve local planning authority and allow sufficient time to evaluate SB 79 and potential local implementation measures in coordination with the Housing Element process, consistent with State law; and

WHEREAS, SB 79 permits exclusion of sites within one -half mile of a qualifying TOD stop where the site lacks a pedestrian walking path of less than one mile to the transit stop, pursuant to Government Code Section 65912.160(e)(1), supported by substantial evidence, as set forth in Exhibit B (Walking Path Methodology Memor andum dated June 12, 2026), attached hereto and incorporated herein; and

WHEREAS, the Development Services Department has analyzed properties within one - half mile of qualifying TOD stops and has identified certain sites that qualify for exclusion under SB 79, as set forth in Exhibit A (Transit-Oriented Development Stops and Zones, Exempted Areas, and Excluded Sites), attached hereto and incorporated herein; and

WHEREAS, pursuant to Government Code Section 65912.161(b)(1)(D), SB 79 allows for phased impl ementation of SB 79 on sites within a Very High Fire Hazard Severity Zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178 until one year following adoption of the seventh cycle Housing Element; and

WHEREAS, the Development Services Department has analyzed properties within a Very High Fire Hazard Severity Zone and has identified certain sites that qualify for phased implementation of SB 79, as set forth in Exhibit A (Transit-Oriented Development St ops and Zones, Exempted Areas, and Excluded Sites), attached hereto and incorporated herein; and

WHEREAS, the Development Services Department submitted a copy of the Ordinance to the California Department of Housing and Community Development (HCD) on June 30, 2026 (HAU0003561), 14 days prior to the adoption of the Ordinance by the City Council, pursuant to Government Code Section 65912.160(d)(1)(A); and

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WHEREAS, according to the California Department of Housing and Community Development, the City's sevent h revision of the Housing Element will be due on June 15, 2031; and

WHEREAS, on June 15, 2026, the San Marcos Planning Commission held a duly noticed public hearing and recommended approval of said request and the appropriate environmental document for said request to the City Council, by a 7-0 vote, in favor; and

WHEREAS, on July 14, 2026, the City Council held a duly noticed public hearing and heard and considered written evidence and oral testimony by all interested parties and the recommendation of th e Planning Commission to adopt an SB 79 phased implementation and exemption ordinance; and

WHEREAS, if the proposed ordinance adopting Text Amendment (TA26 -0001), adding Chapter 20.280: Transit-Oriented Development to the San Marcos Municipal Code (SMMC) and adopting the Zoning Map implementing the exclusions and phased implementation of SB 79 is not adopted and effective as soon as possible, proposals for development pursuant to SB 79 would be permitted on parcels without a walking path to transit and/or on parcels within the Very High Fire Hazard Zone; and

WHEREAS, if the City Council votes to introduce the SB 79 ordinance on July 14, 2026, and if the City Council votes to adopt the SB 79 ordinance on July 28, 2026, the SB 79 implementation ordinance will become effective 30 days from its adoption date and is subject to HCD review pursuant to Government Code section 65912.160(d); and

WHEREAS, the minimum and maximum capacity that SB 79 mandates on impacted parcels requires the City to account for unit counts, density, and potential population growth that far exceeds the City’s long-range planning, severely straining existing public safety resources and infrastructure capacity and creating immediate impacts to public health, safety, and welfare in the exact areas the City Council has already identified and considered for exemption or phased implementation; and

WHEREAS, growth beyond the City’s General Plan could induce development that will materially and forever alter the existing community before the C ity has even had the opportunity to address these planning concerns through holistic review and will impose ultra -high density development on a timeline on properties within Very High Fire Hazard Zones or without infrastructure and services able to meet demand;

WHEREAS, adopting an interim urgency ordinance that directly mirrors the provisions of the proposed SB 79 implementation ordinance avoids immediate health and safety impacts, and safeguards against attempts to circumvent these actions by becoming effective immediately upon adoption;

WHEREAS, pursuant to Gover nment Code sections 36394 and 36397, an urgency ordinance for the immediate preservation of the public peace, health or safety, and containing a 128
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declaration of the facts constituting the urgenc y, may be passed immediately upon introduction and either at a regular, or special meeting if passed by a four-fifths vote of the City Council; and

WHEREAS, unless this ordinance takes effect immediately as provided herein, there is a high likelihood that the City will receive applications for SB 79 high density developments for properties located in Very High Fire Hazard Severity Zones and properties without safe access to transit before the effective date of SB 79 ordinance introduced on July 14, 2026; and

WHEREAS, the City of San Marcos has drafted this ordinance (“Urgency Ordinance”) to resolve the immediate health and safety issues created by the effective date of the adoption of the SMMC Chapter 20.800 after SB 79’s effective date of July 1, 2026; and

WHEREAS, this Urgency Ordinance is exempt from review under the California Environmental Quality Act ("CEQA;" California Public Resources Code Section 21000 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) because an ordinance adop ted to implement SB 79 is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code and Government Code Section 65912.160(c)(2); and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARCOS DOES ORDAIN AS FOLLOWS:

Section 1. The foregoing recitals are true and correct, and are hereby incorporated by reference into this Ordinance.

Section 2. The City Council hereby finds that all requirements of CEQA have been met, in that adoption of an Urgency Ordinance to implement the provisions of Senate Bill 79 (Government Code Section 65912.155 et seq.) (SB 79) is not considered a project under the California Environmental Quality Act (Division 13 of Public Resources Code Section 21000 et seq) (CEQA) pursuant to Government Code Section 65912.160(c)(2) and therefore finds this Urgency Ordinance exempt from CEQA.

Section 3. The City Council hereby adopts this Urgency Ordinance as an emergency measure pursuant to Government Code Section 36934 and Section 36937 for the immediate preservation of the public peace, health, and safety, and is adopted and justified based on the findings set forth in the Recitals of this Ordinance; which are supported by substantial evidence in the record associated with the City Council’s consideration thereof.

Section 4. The City Council adopts this Urgency Ordinance to implement Government Code sections 65912.160(e)(1) and 65912.161(b)(1) related to exemptions and phased implementation of SB 79 and to establish residential density and development standards pursuant to Government Code section 65912.160(c)(1) through the adoption of Text Amendment (TA26 - 0001), adding Chapter 20.280: Transit-Oriented Development to the San Marcos Municipal Code (SMMC), as shown on the attached Exhibi t C, incorporated by reference and made a part of this Urgency Ordinance as though fully set forth herein.
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Section 5. The City Council adopts this Urgency Ordinance to adopt the Zoning Map implementing the exclusions and phased implementation of SB 79, included as Exhibit A based on the tier 2 TOD stop and zone locations identified by SANDAG, pursuant to Government Code section 65912.160(f).

Section 6. This Ordinance is an urgency ordinance for the immediate preservation of the public peace, health, and safety, within the meaning of Government Code Section 36937(b), and, therefore, shall be effective immediately upon its adoption. This Urgency Ordinance shall be effective through the period until Ordinance No. 2026-1581 is adopted and for 30 days after its adoption until Ordinance No. 2026-1581 is effective.

Section 7. This Urgency Ordinance was adopted by the necessary four-fifths vote of the City Council pursuant to California Government Code Section 36937(b).

Section 8. If any section, sentence, clause or phrase of this Urgency Ordinance is determined to be invalid, illegal or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Urgency Ordinance. The City Council declares that it would have passed and adopted the urgency Ordinance, and each section, sentence, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Section 9. Within fifteen (15) days following adoption of this Urgency Ordinance, the City Clerk shall certify to the passage of the Urgency Ordinance and case the same to be published, or the title thereof as a summary, in accordance with the provisions of State law in a newspaper of general circulation designated for legal notices publication in the City of San Marcos.

PASSED, APPROVED AND ADOPTED by the City Council of the City of San Marcos, State of California, at a regular meeting held on this 14 day of July, 2026, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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APPROVED:

Rebecca D. Jones, Mayor

ATTEST: APPROVED AS TO FORM:

Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney

Attachment(s):

Exhibit A Transit-Oriented Development Stops and Zones, Exempted Areas, and Excluded Sites Exhibit B Walking Path Methodology Memorandum dated June 12, 2026 Exhibit C San Marcos Municipal Code (SMMC) Chapter 20.280: Transit-Oriented Development

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EXHIBIT A
Transit-Oriented Development Stops and Zones, Exempted Areas, and Excluded Sites
132
City of San Marcos GIS
City of San Marcos, SanGIS
Every effort has been made to assure the accuracy of
the maps and data provided; however, some information
may not be accurate or current. The City of San Marcos
assumes no responsibility arising from use of this
information and incorporates by reference its disclaimer regarding the lack of any warranties, whether expressed or implied, concerning the use of the same. For
additional information see the Disclaimer on the City’s website.

CREATED BY:

DATA SOURCES:
4 Exhibit A
Transit-Oriented Development Stops and Zones, Exempted Areas, and Excluded Sites
6/12/2026CREATED DATE:

San Marcos
Blvd
S San
ta Fe Ave
W Sa
n Marcos Blvd
S Rancho Santa
Fe Rd
El Norte Pkwy
S Las Posas Rd
Borden Rd
S Twin Oaks Valley Rd
Woodland Pkwy
N Rancho Santa Fe Rd
N
Las Posas
Rd W Borden Rd
W Mission Rd
N Twin Oaks Valley Rd
Barham Dr
W San Marcos Blvd
Discovery St
EMission Rd
Palomar
College
Station
San Marcos
Civic Center
Station
Cal State
San Marcos
Station
Nordahl Rd
Station
Eligible Transit Stops Exempted
Sites (Walking Paths)
Excluded Sites (VHFHSZ)
Eligible Transit Stops_Buffer

0.25 mile

0.50 mile
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EXHIBIT B
One-Mile Walking Path Methodology Memorandum dated June 12, 2026 134
City of San Marcos
1 Civic Center Drive
San Marcos, CA 92069

MEMORANDUM
C I T Y O F S A N M A R C O S , C A L I F O R N I A 1 Civic Center Drive | San Marcos, CA 92069 | (760) 744-1050 1 To: Text Amendment (TA) 26-0001 File
From: Joseph Farace, Planning Director
Date: June 12, 2026
Subject: One-Mile Walking Path Methodology
Purpose
Government Code Section 65912.160(e)(1) authorizes a local government to designate areas within one-half mile of a transit-oriented development stop as exempt from the provisions of Chapter 4.1.5 of the Government Code, when the local government makes findings, supported by substantial evidence, that no walking path of less than one mile exists between the subject area and the transit -oriented development stop.

This memorandum describes the methodology used to identify areas where no walking path of less than one mile exists between certain areas within transit-oriented zones and the applicable transit - oriented development stop. Pursuant to Government Code Section 65912.160(e)(1), this memorandum also provides substantial evidence supporting the designation of those areas as exempt.

Methodology
Data Used
The City conducted a network analysis utilizing Geographic Information System (GIS) feature layer data obtained from the San Diego Geographic Information Source (SanGIS). The GIS data used in the analysis included, but was not limited to, the following:
• TRAN_TRANSITSTOP (transit stop locations)
• LR_PARCEL (parcel boundaries)
• TRAN_ROAD
These layers were used to identify publicly accessible facilities and evaluate pedestrian connectivity between transit-oriented development stops and surrounding properties within the transit -oriented development zones
Analysis
Walking path distances were measured using the ArcGIS Network Analyst extension that identified the shortest legal and publicly accessible pedestrian route between each transit -oriented development stop and surrounding parcels located within the applicable transit -oriented development zone. 135
City of San Marcos
1 Civic Center Drive
San Marcos, CA 92069

MEMORANDUM
C I T Y O F S A N M A R C O S , C A L I F O R N I A 1 Civic Center Drive | San Marcos, CA 92069 | (760) 744-1050 2 Distances were measured along the pedestrian accessible circulation network, using the available data indicated above.

For each transit-oriented development stop, the point of origin for each path was established using the centerline of the pedestrian-accessible route adjacent to the transit stop location identified by the San Diego Association of Governments (SANDAG). At the time of the analysis, SANDAG had not yet published a map of transit -oriented development stops and zones pursuant to Government Code Section 65912.160(f). The analysis then calculated the shortest available pedestrian route from the transit stop to the nearest point along each parcel boundary within the transit-oriented development zone.

The analysis excluded routes that:
• Cross private property without legal public access;
• Require pedestrians to traverse freeways, rail corridors, waterways, or other barriers without a designated pedestrian crossing;
• Utilize facilities that are not legally accessible to the public; or • Require travel through unsafe or prohibited pedestrian areas.

Parcels for which the shortest available legal pedestrian route exceeded one mile were identified as exempt, pursuant to Government Code Section 65912.160(e)(1).

As a validation step, GIS staff also performed the analysis using a road network dataset obtained from the County of San Diego. The results were identical to those generated using the City’s TRAN_ROAD layer, confirming the accuracy and consistency of the methodology.

City staff also reviewed the validated results to confirm the existence of physical barriers and validate the calculated walking routes and distances. Any errors in the network analysis that did not conform to the exclusions identified above were manually corrected when the results were validated on June 12, 2026.

Supporting evidence includes GIS network analysis maps, aerial imagery, pedestrian circulation maps, distance calculations, and photographs documenting physical barriers and pedestrian facilities. 136
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EXHIBIT C
San Marcos Municipal Code (SMMC)
Chapter 20.280: Transit-Oriented Development
137
Chapter 20.280 Transit-Oriented Development
Section 20.280.010 Purpose of Chapter
The purpose of this chapter is to implement California Government Code Chapter 4.1.5 (commencing with Section 65912.155), as amended from time to time. Nothing in this chapter shall be construed to limit the City's authority to amend these provisions as necessary to remain consistent with state law .

Section 20.280.020 Applicability
The provisions of this chapter shall be applicable to eligible sites identified in Section 20.280.040, when a transit- oriented housing development project is proposed. The provisions of this chapter shall remain in effect for up to one year following the adoption of the seventh revision of the General Plan Housing Element, at which time the City may adopt, or incorporate a local transit-oriented development alternative plan or other implementing regulations, consistent with the applicable provisions of State law at that time. The provisions of this chapter shall prevail in all cases where regulatory conflicts exist between this chapter and any other chapter of this Zoning Ordinance.

Section 20.280.030 Definitions
A. Transit-Oriented Development Stop shall have the same meaning as set forth in Government Code Section 65912.156(p), as may be amended from time to time. Transit -oriented development stops located within, or having a transit -oriented development zone extending into, the city of San Marcos shall be identified on the most current Map of Transit -Oriented Development Stops and Zones prepared by the San Diego Association of Governments (SANDAG) or other mapping resource authorized by state law. As of the effective date of this chapter, the following North County Transit District (NCTD) SPRINTER stations are identified as Tier 2 transit -oriented development stops with transit-oriented development zones extending into the City of San Marcos :

1. Palomar College, 1142 W. Armorlite Dr., San Marcos, CA 92069

2. San Marcos Civic Center, 40 W. San Marcos Blvd., San Marcos, CA 92069

3. California State University (CSU) San Marcos, 410 La Moree Rd., San Marcos, CA 92069

4. Nordahl Road, 2121 Barham Dr., Escondido, CA 92025
B. Transit-oriented development zone means the area within one -half mile of a transit -oriented development stop
C. Transit-oriented housing development project means a housing development project with a minimum of 30 dwelling units per acre (du/ac), containing at least 5 residential units, as defined by Government Code Sections 65912.156(g) and 65912.157, and as additionally described in Section 20.280.050 of this Chapter.

D. Walking path shall mean a continuous route available for pedestrian travel between a site and a transit-oriented development stop that is lawfully accessible to the public and may include sidewalks, pedestrian paths, multi-use trails, marked pedestrian crossings, pedestrian bridges, and other publicly accessible pedestrian facilities. A walking path does not include routes requiring travel through private property not subject to a public access easement, areas closed to public access, or locations where pedestrian access is prohibited.
138
Section 20.280.040 Eligible Sites
A. Eligible site. Parcels located within a transit-oriented development zone and zoned for residential use (R-1-20, R-1-10, R-1-7.5, R-2, R-3-6, and R-3-10 Zones, and R -MHP), mixed-use development (MU -1 and MU-2 Zones), commercial use (C and NC Zones), or within a Specific Plan Area (SPA) containing a residential, mixed-use, or commercial land use district shall be eligible for a transit -oriented housing development project pursuant to this chapter, subject to the applicable development standards of the transit-oriented development zone, as follows:

1. Quarter mile radius. Parcels located within one -quarter mile of, a transit -oriented development stop.

2. Half mile radius. Parcels located more than one -quarter mile from, but within one -half mile of, a transit-oriented development stop.

B. Exempt sites. Parcels are exempt from the provisions of this chapter , and not eligible for a transit- oriented housing development project if no walking path of less than one mile from that location to the transit-oriented development stop exists; see figure 20.280-1.

C. Excluded sites. Prior to one year following the adoption of the seventh revision of the housing element, or upon adoption of a local T ransit-Oriented Development (TOD) alternative plan, the following parcels are excluded from the provisions of this chapter, and not eligible for a transit-oriented housing development project:

1. Very High Fire Hazard Severity Zone. Parcels located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within the state responsibility area, as defined in Public Resources Code Section 4102; see figure 20.280-2.

Section 20.280.050 Transit-Oriented Development Standards The new development, design, construction, or establishment of a transit-oriented housing development project, pursuant to the provisions of this chapter, shall conform to these regulations. Any standard of this chapter shall be modified or waived by the Planning Director to the extent necessary to avoid physically precluding the applicable density, Floor Area Ratio (FAR), or height permitted by Government Code Section 65912.157.

A. Density, Height, FAR. A transit-oriented development shall comply with the following standards for density, height, and FAR:

Table 20.280-1: Density, Height, & FAR Requirements for Transit-Oriented Development Quarter Mile Radius Half Mile Radius
Density Minimum 30 du/ac 1 30 du/ac 1
Density Maximum 100 du/ac 2 80 du/ac
Height Maximum 65 feet / 6 stories 2 55 feet / 5 stories FAR Maximum 3.0 2 2.5
Unit Size Each dwelling unit shall contain not less than 600 square feet of net habitable area. The average net habitable area of all dwelling units within a transit-oriented development project shall not exceed 1,750 square feet.

These development standards are based on those identified in Government Code Section 65912.157 for Tier 2 transit -oriented development stops . Where state law authorizes greater density, height, or FAR, state law shall control.

Footnotes:

1. A development of less than 30 dwelling units per acre (du/ac) would not be a transit - oriented development, pursuant to the provisions of this ordinance. 139

2. Notwithstanding any other law, a transit-oriented housing development project that meets any of the eligibility criteria under G overnment Code 65912.157(e) and is immediately adjacent to a transit-oriented development stop shall be eligible for an adjacency intensifier to increase the height limit by an additional 20 feet, the maximum density standard by an additional 40 dwelling units per acre, and the residential floor area ratio by 1 prior to the application of Government Code Section 65915.

B. Open Space. A transit-oriented development shall have the following minimum open space requirements:

Table 20.280-2: Open Space Requirements for Transit-Oriented Development Common Outdoor Open Space Equal to at least ten percent (10%) of the gross lot area. Common outdoor open space shall: be designed and maintained for shared use by residents of the development; be open to the sky, except for permitted shade structures, awnings, trellises, canopies, or similar features; consist of at least one 400 square foot area with a minimum single dimension of ten (10) feet; may include courtyards, rooftop decks, plazas, paseos, recreation areas, landscaped areas, and outdoor seating areas; and not include vehicle drive aisles, parking areas, loading areas, or mechanical equipment areas. No more than one -quarter of the common outdoor open space area shall be used exclusively for a pet relief area (i.e., dog park).

Common Indoor Open Space Projects with fewer than 50 units: no indoor common space required.

50–75 units: minimum 500 sq. ft.

75–99 units: minimum 750 sq. ft.

100+ units: minimum 1,000 sq. ft.

Required common indoor amenity space may include community rooms, lounges, fitness rooms, coworking areas, recreation rooms, multipurpose rooms, leasing and resident gathering areas, or similar indoor spaces designed for shared resident use.

Areas used for building lobbies, leasing offices, storage rooms, mechanical equipment, corridors, or circulation shall not count toward the minimum required common indoor amenity space.

Private Open Space 36 sq. ft., minimum dimension 6 feet required for 50% of all residential units, provided as either a porch, patio, or balcony.

Open Space shall be interpreted and applied in a manner that does not physically preclude achievement of the applicable density, height, or floor area ratio otherwise permitted by this chapter.

C. Shadow and Solar Access Standards. A transit -oriented development project exceeding 45 feet in height and located adjacent to a residentially zoned property shall incorporate building modulation, upper -story stepbacks, orientation, spacing, façade articulation, or similar design measures to reduce shading impacts on adjacent properties. Development shall not result in a net increase of more than two consecutive hours of shadow on March 21 (spring equinox) between 9:00 am and 3:00 pm on any of the following areas on an adjacent residential property: primary outdoor recreation are as; existing ground -floor habitable room windows located within 20 feet of the shared property line; or solar energy systems protected pursuant to state law. Shadow and Solar Access Standards shall be interpreted and applied in a manner that does not 140
physically preclude achievement of the applicable density, height, or floor area ratio otherwise permitted by this ordinance.

D. Building Articulation and Façade Standards. A transit -oriented development project shall incorporate façade articulation and variation in order to reduce the appearance of blank wall planes and building massing. Compliance with this section shall be demonstrated through the following objective standards :

1. Building façades exceeding 40 horizontal feet in length shall incorporate at least two of the following elements at intervals not exceeding 40 feet:

a. A change in wall plane of at least 2 feet in depth and 6 feet in width;

b. Balconies, recessed balconies, bay windows, or projecting architectural features extending at least 18 inches from the façade;

c. A vertical variation in materials, colors, or textures extending at least one story in height ;

d. Upper-story stepbacks with a minimum depth of 4 feet;

e. Covered pedestrian entrances or architectural canopies.

2. Street-facing ground -floor façades located adjacent to a public street shall include transparent windows or doors comprising at least 25 percent of the ground -floor façade area between 2 and 10 feet above adjacent grade.

3. Blank wall areas exceeding 20 feet in horizontal length shall be prohibited along street -facing façades and shall incorporate architectural treatments, public art, green walls, etc.

4. Primary building entrances shall be clearly identifiable through at least one of the following :

a. Recessed or projecting entry features;

b. Canopies or awnings;

c. Enhanced architectural detailing;

d. Distinct material or color treatment.

5. Exterior building materials shall include a minimum of two material types or finishes on each street - facing façade.

E. Parking and Mobility. A transit -oriented development shall provide the minimum parking and mobility requirements:

1. Automobile Parking. Automobile parking shall be provided in accordance with the applicable provisions of Chapter 20.340, to the extent not preempted or otherwise limited by state law, and in conformance with all applicable provisions of state law, including, but not limited t o, Government Code Section 65863.2.

2. Bicycle Parking.

a. Long-term bicycle parking shall be provided for residents at a minimum ratio of one (1) secure bicycle parking space per dwelling unit. Required long -term bicycle parking may be provided 141
within dwelling units, within secured bicycle storage rooms, bicycle lockers, controlled-access parking areas, or other secure areas protected from theft and weather .

b. Short-term bicycle parking for visitors and the public shall be provided at a minimum ratio of one (1) bicycle parking space per twenty (20) dwelling units, with a minimum of two (2) short- term bicycle parking spaces per development. Required short -term bicycle parking shall be located in a publicly accessible area near a primary pedestrian entrance.

c. Developments containing twenty (20) or more dwelling units shall provide electric bicycle charging access for residents. Electric bicycle charging access may include standard electrical outlets, dedicated charging receptacles, or charging stations located within secure long-term bicycle parking areas.

d. Bicycle parking areas shall be connected to an accessible pedestrian path of travel and shall be designed to allow convenient access without requiring the use of stairs .

F. Accessible Path of Travel. A transit -oriented development project shall provide or be connected to the pedestrian access point of the applicable transit -oriented development stop by an accessible pedestrian path of travel.

1. The accessible pedestrian path of travel shall consist of a continuous, reasonably direct, and barrier - free route complying with applicable accessibility requirements of the California Building Code, the Americans with Disabilities Act, and applicable publ ic right -of-way accessibility standards. The accessible pedestrian path of travel may include, but is not limited to:

a. Sidewalks and walkways.

b. Curb ramps and driveway crossings.

c. Marked or signalized pedestrian crossings.

d. Accessible pedestrian signals, where applicable.

e. Pedestrian refuge areas, where applicable.

f. On-site accessible routes connecting the public sidewalk to primary building entrances.

2. Any on-site improvements and any off -site improvements required as a condition of project approval shall comply with applicable accessibility requirements of the California Building Code and adopted engineering design standards.

Section 20.280.060 Application and Review Procedures
A. Application Requirements. An application for a transit -oriented housing development project pursuant to this chapter shall be submitted on forms provided by the City. The application shall include submittal materials generally equivalent to those required for a Site Development Pla n (SDP), as determined by the Planning Director, to the extent necessary to demonstrate compliance with this chapter and applicable state law. The application shall include, at a minimum, the following:

1. Identification of the project as a transit -oriented housing development project and an indication of whether streamlined ministerial approval pursuant to Government Code Section 65912.159 is requested.

142

2. A site plan showing property boundaries, building footprints, setbacks, parking areas, open space areas, and pedestrian access routes.

3. Building elevations and floor plans.

4. A project data table identifying the proposed number of dwelling units, density, building height, floor area ratio, and net habitable floor area.

5. Documentation demonstrating the project's location within the applicable transit -oriented development zone.

6. Documentation demonstrating compliance with any applicable affordability requirements, if required by state law.

7. Any other information reasonably necessary to determine compliance with the objective standards of this chapter.

B. Eligibility Determination. The Planning Director, or designee, shall determine whether a proposed project qualifies as a transit -oriented housing development project pursuant to this chapter and shall identify the applicable development standards based on the project's location within the transit-oriented development zone.

C. Review Procedures.

1. A transit-oriented housing development project seeking streamlined ministerial approval pursuant to Government Code Section 65913.4 shall be processed in accordance with those provisions and any applicable state regulations.

2. A transit-oriented housing development project not seeking streamlined ministerial approval shall be processed in accordance with the City's otherwise applicable development review procedures, subject to the requirements, protections, and limitations estab lished by Government Code Chapter 4.1.5 (commencing with Section 65912.155), the Housing Accountability Act (Government Code Section 65589.5), and other applicable state laws.

3. Review of a transit-oriented housing development project shall be limited to determining compliance with the objective standards of this chapter, applicable objective provisions of the Municipal Code, and applicable state law.

D. Conflicting Regulations. Where a provision of this chapter conflicts with another provision of this Zoning Ordinance or the Municipal Code, the provision that results in compliance with Government Code Chapter

4.1.5 (commencing with Section 65912.155) shall control.

E. State Law Controls. This chapter shall be interpreted and applied in a manner consistent with Government Code Chapter 4.1.5 (commencing with Section 65912.155), as amended from time to time. To the extent any provision of this chapter is determined to be i nconsistent with state law, the applicable provision of state law shall control.

Section 20.280.070 Severability and State Law Amendments A. Severability. The provisions of this chapter are severable. If any section, subsection, sentence, clause, phrase, table, figure, map designation, development standard, exemption, exclusion, application, or provision of this chapter, or its application to a ny person, property, project, circumstance, or geographic area, is for any reason held to be invalid, unconstitutional, preempted, or otherwise unenforceable by a 143
court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this chapter.

B. Legislative Intent. The City Council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase, table, figure, map designation, development standard, exemption, exclusion, and provision thereof, irrespective o f the fact that any one or more portions may subsequently be declared invalid, unconstitutional, preempted, or unenforceable.

C. Partial Invalidity. If any development standard, exemption, exclusion, limitation, procedural requirement, or mapping designation established by this chapter is determined to be invalid or unenforceable, such determination shall apply only to the specific provision found invalid and shall not affect any other provision of this chapter that can be given effect without the invalid provision.

D. State Law Supersession. This chapter is intended to implement Government Code Chapter 4.1.5 (commencing with Section 65912.155), as amended from time to time. If any provision of this chapter is rendered inconsistent with applicable state law due to a futu re amendment, judicial interpretation, administrative guidance, or other change in law, the applicable provision of state law shall control, and the remaining provisions of this chapter shall remain in full force and effect to the maximum extent permitted by law.

E. Continuing Effect. It is the intent of the City Council that this chapter remain operative and enforceable notwithstanding future amendments to state law, except to the extent that a provision of this chapter directly conflicts with applicable state law. Any such conflict shall be interpreted as narrowly as possible to preserve the continued validity and operation of the remaining provisions of this chapter.

F. Administrative Interpretation. The Planning Director, City Attorney, and other City officials responsible for administering this chapter shall interpret and apply its provisions in a manner that effectuates the purposes of Government Code Chapter 4.1.5 and preserves the maximum lawful effect of this chapter in the event of litigation, statutory amendment, or judicial determination affecting any portion of this chapter. 144
Every effort has been made to assure the accuracy of
t
he maps and data provided; however, some information
may not be accurate or current. The City of San Marcos
assumes no responsibility arising from use of this
information and incorporates by reference its disclaimer regarding the lack of any warranties, whether expressed or implied, concerning the use of the same. For
additional information see the Disclaimer on the City’s website.

City of San Marcos, SanGISDATA SOURCES:

City of San Marcos GISCREATED BY:

CREATED DATE: 6/12/2026
SMMC Figure 20.280-1: Exempted Sites
Approved by Ordinance No. 2026-1580
Adopted: [replace upon adoption]
San Marcos
Blvd
S Sant
a Fe A
ve
W San Marcos Blv
d
El Norte Pkwy
S Rancho Santa Fe Rd
S Las Posas Rd
Borden Rd
S Twin Oaks Valley Rd
Woodland Pkwy
N Rancho Santa Fe Rd
N
Las Posas Rd
W Borden Rd
W Mission Rd
N Twin Oaks Valley Rd
Barham DrW San Marcos Blvd
Discovery St
EMissio
n Rd
Palomar
College
Station
San Marcos
Civic Center
Station
Cal State
San Marcos
Station
Nordahl Rd
Station
Eligible Transit Stops
Exempted Sites_Exhibit B
El
igible Transit Stops_Buffer

0.25 mile

0.50 mile
145
City of San Marcos GIS
City of San Marcos, SanGIS
E
very effort has been made to assure the accuracy of
the maps and data provided; however, some information
may not be accurate or current. The City of San Marcos
assumes no responsibility arising from use of this
information and incorporates by reference its disclaimer regarding the lack of any warranties, whether expressed or implied, concerning the use of the same. For
additional information see the Disclaimer on the City’s website.

CREATED BY:

DA
TA SOURCES:
6/2/2026 12:53 PM
4 6/1/2026CREA TED DATE:

San Marcos
Blvd
S San
ta Fe Ave
WSan Marcos Blvd
S Rancho Santa
Fe Rd
El Norte Pkwy
S Las Posas Rd
Borden Rd
Woodland Pkwy
S Twin Oaks Valley Rd
N Rancho Santa Fe Rd
N
Las Posas Rd
W Borden Rd
W Mission Rd
N Twin Oaks Valley Rd
Barham Dr
W San Marcos Blvd
Discovery St
EMissio
n Rd
Palomar
College
Station
San Marcos
Civic Center
Station
Cal State
San Marcos
Station
Nordahl Rd
Station
SMMC Figure 20.280-2: Excluded Sites
Approved by Ordinance No. 2026-1580
Adopted: [replace upon adoption]
Eligible Transit Stops
Excluded Sites_Exhibit C
Fire LRA_Very High_2025
El
igible Transit Stops_Buffer

0.25 mile

0.50 mile
146
ORDINANCE NO. 2026-1581

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

COUNCIL APPROVAL OF SAN MARCOS MUNICIPAL CODE
CHAPTER 20.280 (TRANSIT-ORIENTED DEVELOPMENT), AN

ORDINANCE IDENTIFYING SITES FOR EXCLUSION FROM
SENATE BILL 79, IDENTIFYING SITES FOR PHASED
IMPLEMENTATION OF SENATE BILL 79, AMENDING THE
ZONING MAP TO REFLECT SB SENATE BILL 79 EXEMPT SITES

AND SITES WITH PHASED IMPLEMENTATION, ESTABLISH

DEVELOPMENT STANDARDS, AND FINDING THE ORDINANCE

EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT

TA26-0001
City of San Marcos

WHEREAS, the legislature of the State of California has, in Article XI, Section 7 of the California Constitution and Government Code, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizens; and

WHEREAS, Senate Bill 79 (SB 79), the Abundant and Affordable Homes Near Transit Act of 2025, codified in Government Code Chapter 4.1.5 (commencing with Government Code Section 65912.155), oper ative July 1, 2026, establishes statewide minimum residential density and development standards for properties located within one -quarter and one -half mile of qualifying transit-oriented development (TOD) stops; and

WHEREAS, pursuant to Government Code se ction 65912.160(f), the San Diego Association of Governments (SANDAG), the metropolitan planning organization for the San Diego region published a draft map on June 18, 2026 identifying transit-oriented development stops and zones within the region, which designates the North County Transit District (NCTD) SPRINTER hybrid rail corridor as Tier 2 commuter rail and identifies the following Tier 2 transit -oriented development stops located within, or adjacent to, the City, with one -half-mile and one -quarter- mile radii extending into the City: Palomar College (1142 W. Armorlite Dr., San Marcos, CA 92069), San Marcos Civic Center (40 W. San Marcos Blvd., San Marcos, CA 92069), California State University San Marcos (410 La Moree Rd., San Marcos, CA 92069), and No rdahl Road (2121 Barham Dr., Escondido, CA 92025), as shown in Exhibit A (Transit-Oriented Development Stops and Zones, Exempted Areas, and Excluded Sites); and

WHEREAS, Government Code Section 65912.160(e), authorizes local jurisdictions to exempt certain sites from SB 79 applicability through adoption of a local ordinance, subject to review and approval by the California Department of Housing and Community Development (HCD); and

WHEREAS, Government Code Section 65912.161(b), authorizes local jurisdictio ns to phase implementation of SB 79 on certain sites through adoption of a local ordinance, subject to review and approval by the California Department of Housing and Community Development (HCD); and

Page 2 of 4 ends

one-quarter and one-half mile of qualifying transit-oriented development (TOD) stops certain sites through adoption of a local ordi nance, subject to review and approval by the California Department of Housing and Community Development (HCD); and

WHEREAS, SB 79 permits exclusion of sites within one-half mile of a qualifying TOD stop where the site lacks a pedestrian walking path of less than one mile to the transit stop, pursuant to Government Code Section 65912.160(e)(1), supported by substantial evidence, as set forth in Exhibit B (Walking Path Methodology Memorandum dated June 12, 2026 ), attached hereto and incorporated herein; and

WHEREAS, the Development Services Department has analyzed properties within one - half mile of qualifying TOD stops and has identified certain sites that qualify for exclusion under SB 79, as set forth in Exhibit A (Transit-Oriented Development Stops and Zones, Exempte d Areas, and Excluded Sites), attached hereto and incorporated herein; and

WHEREAS, pursuant to Government Code Section 65912.161(b)(1)(D), SB 79 allows for phased implementation of SB 79 on sites within a Very High Fire Hazard Severity Zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178 until one year following adoption of the seventh cycle Housing Element; and

WHEREAS, the Development Services Department has analyzed properties within a Very High Fire Hazard Severity Zone and has identified certain sites that qualify for phased implementation of SB 79, as set forth in Exhibit A (Transit-Oriented Development Stops and Zones, Exempted Areas, and Excluded Sites), attached hereto and incorporated herein; and

WHEREAS, the Development Services Department submitted a copy of the Ordinance to the California Department of Housing and Community Development (HCD) on June 30, 2026 (HAU0003561), 14 days prior to the adoption of the Ordinance by the City Co uncil, pursuant to Government Code Section 65912.160(d)(1)(A); and

WHEREAS, according to the California Department of Housing and Community Development, the City's seventh revision of the Housing Element will be due on June 15, 2031; and

WHEREAS, on July 14, 2026, the City Council held a duly noticed public hearing in the manner prescribed by law to consider said request; and

WHEREAS, the City Council did review and consider a Categorical Exemption (EX 26- 041) pursuant to the California Environmental Quality Act (CEQA) and Government Code Section 65912.160(c)(2); and
148
Ordinance No. 2026-1581
TA26-0001
July 14, 2026

Page 3 of 4 ends

NOW, THEREFORE, the City Council does hereby order as follows:

A. The foregoing recitals are true and correct, and are hereby incorporated by reference into this Ordinance.

B. The adoption of the Zoning Map implementing the exclusions and phased implementation of SB 79, included as Exhibit A, based on the tier 2 TOD stop and zone locations identified by SANDAG, pursuant to Government Code section 65912.160(f).

C. The adoption of Text Amendment (TA26-0001), adding Chapter 20.280: Transit-Oriented Development to the San Marcos Municipal Code (SMMC) , as shown on the attached Exhibit C, incorporated by reference and made a part of this Ordinance as though fully set forth herein.

D. The adoption of an ordinance to implement the provisions of Senate Bill 79 (Government Code Section 165912.155 et seq.) is not considered a project under the California Environmental Quality Act (Division 13 of Public Resources Code Section 21000 et seq) (CEQA) pursuant to Governm ent Code Section 65912.160(c)(2) and therefore finds this Ordinance exempt from CEQA.

E. The City Council’s decision is based on the following findings and determinations:

1. Adoption of this Ordinance implements California Government Code sections 65912.160(e)(1) and 65912.161(b)(1) related to exemptions and phased implementation of SB 79 and to establish residential density and development standards pursuant to Government Code section 65912.160(c)(1).

2. All requirements of CEQA have been met, in that adoption of an ordinance to implement the provisions of Senate Bill 79 (Government Code Section 165912.155 et seq.) is not considered a project under the California Environmental Quality Act (Division 13 of Public Resources Code Section 21000 et seq) (CEQA) pursuant to Government Code Section 65912.160(c)(2) and therefore finds this Ordinance exempt from CEQA.

F. This Text Amendment (TA26 -0001) is Categorically Exempt (EX 26-041) from environmental review pursuant to Government Code Section 65912.160(c)(2).

G. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall publish this Ordinance or the title hereof as a summary in a newspaper of general circulation in the City as required by law.

INTRODUCED at a regular meeting of the City Council of the City of San Marcos, California, held on the 14th day of July, 2026.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this 14th day of July, 2026, by the following roll call vote:
149
Ordinance No. 2026-1581
TA26-0001
July 14, 2026

Page 4 of 4 ends

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Rebecca D. Jones, Mayor

ATTEST: APPROVED AS TO FORM:

Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney

Exhibit(s):

A – Transit-Oriented Development Stops and Zones, Exempted Areas, and Excluded Sites B – One-Mile Walking Path Methodology Memorandum dated June 12, 2026 C – San Marcos Municipal Code (SMMC) Chapter 20.280: Transit-Oriented Development 150
Ordinance No. 2026-1581
TA26-0001
July 14, 2026

Page 5 of 10 ends

EXHIBIT A

Transit-Oriented Development Stops and Zones, Exempted Areas, and Excluded Sites

151
City of San Marcos GIS
City of San Marcos, SanGIS
Every effort has been made to assure the accuracy of
the maps and data provided; however, some information
may not be accurate or current. The City of San Marcos
assumes no responsibility arising from use of this
information and incorporates by reference its disclaimer regarding the lack of any warranties, whether expressed or implied, concerning the use of the same. For
additional information see the Disclaimer on the City’s website.

CREATED BY:

DATA SOURCES:
4 Exhibit A
Transit-Oriented Development Stops and Zones, Exempted Areas, and Excluded Sites
6/12/2026CREATED DATE:

0.25 mile

0.50 mile
152
Ordinance No. 2026-1581
TA26-0001
July 14, 2026

Page 7 of 10 ends

EXHIBIT B
One-Mile Walking Path Methodology Memorandum dated June 12, 2026 153
City of San Marcos
1 Civic Center Drive
San Marcos, CA 92069

MEMORANDUM

C I T Y O F S A N M A R C O S , C A L I F O R N I A 1 Civic Center Drive | San Marcos, CA 92069 | (760) 744-1050 1 To: Text Amendment (TA) 26-0001 File
From: Joseph Farace, Planning Director
Date: June 12, 2026
Subject: One-Mile Walking Path Methodology

Purpose
Government Code Section 65912.160(e)(1) authorizes a local government to designate areas within one-half mile of a transit-oriented development stop as exempt from the provisions of Chapter 4.1.5 of the Government Code, when the local government makes findings, supported by substantial evidence, that no walking path of less than one mile exists between the subject area and the transit -oriented development stop.

Methodology
Data Used
The City conducted a network analysis utilizing Geographic Information System (GIS) feature layer data obtained from the San Diego Geographic Information Source (SanGIS). The GIS data used in the analysis included, but was not limited to, the following:
• TRAN_TRANSITSTOP (transit stop locations)
• LR_PARCEL (parcel boundaries)
• TRAN_ROAD
These layers were used to identify publicly accessible facilities and evaluate pedestrian connectivity between transit-oriented development stops and surrounding properties within the transit -oriented development zones
Analysis
Walking path distances were measured using the ArcGIS Network Analyst extension that identified the shortest legal and publicly accessible pedestrian route between each transit -oriented development stop and surrounding parcels located within the applicable transit -oriented development zone. 154
City of San Marcos
1 Civic Center Drive
San Marcos, CA 92069

MEMORANDUM

C I T Y O F S A N M A R C O S , C A L I F O R N I A 1 Civic Center Drive | San Marcos, CA 92069 | (760) 744-1050 2 Distances were measured along the pedestrian accessible circulation network, using the available data indicated above.

Parcels for which the shortest available legal pedestrian route exceeded one mile were identified as exempt, pursuant to Government Code Section 65912.160(e)(1).

Page 10 of 10 ends

EXHIBIT C

San Marcos Municipal Code (SMMC)
Chapter 20.280: Transit-Oriented Development

156
Chapter 20.280 Transit-Oriented Development
Section 20.280.010 Purpose of Chapter
The purpose of this chapter is to implement California Government Code Chapter 4.1.5 (commencing with Section 65912.155), as amended from time to time. Nothing in this chapter shall be construed to limit the City's authority to amend these provisions as necessary to remain consistent with state law .

1. Palomar College, 1142 W. Armorlite Dr., San Marcos, CA 92069

2. San Marcos Civic Center, 40 W. San Marcos Blvd., San Marcos, CA 92069

3. California State University (CSU) San Marcos, 410 La Moree Rd., San Marcos, CA 92069

D. Walking path shall mean a continuous route available for pedestrian travel between a site and a transit-oriented development stop that is lawfully accessible to the public and may include sidewalks, pedestrian paths, multi-use trails, marked pedestrian crossings, pedestrian bridges, and other publicly accessible pedestrian facilities. A walking path does not include routes requiring travel through private property not subject to a public access easement, areas closed to public access, or locations where pedestrian access is prohibited.
157
Section 20.280.040 Eligible Sites
A. Eligible site. Parcels located within a transit-oriented development zone and zoned for residential use (R-1-20, R-1-10, R-1-7.5, R-2, R-3-6, and R-3-10 Zones, and R -MHP), mixed-use development (MU -1 and MU-2 Zones), commercial use (C and NC Zones), or within a Specific Plan Area (SPA) containing a residential, mixed-use, or commercial land use district shall be eligible for a transit -oriented housing development project pursuant to this chapter, subject to the applicable development standards of the transit-oriented development zone, as follows:

1. Quarter mile radius. Parcels located within one -quarter mile of, a transit -oriented development stop.

2. Half mile radius. Parcels located more than one -quarter mile from, but within one -half mile of, a transit-oriented development stop.

A. Density, Height, FAR. A transit-oriented development shall comply with the following standards for density, height, and FAR:

Footnotes:

1. A development of less than 30 dwelling units per acre (du/ac) would not be a transit - oriented development, pursuant to the provisions of this ordinance. 158

B. Open Space. A transit-oriented development shall have the following minimum open space requirements:

Common Indoor Open Space Projects with fewer than 50 units: no indoor common space required.

50–75 units: minimum 500 sq. ft.

75–99 units: minimum 750 sq. ft.

100+ units: minimum 1,000 sq. ft.

Areas used for building lobbies, leasing offices, storage rooms, mechanical equipment, corridors, or circulation shall not count toward the minimum required common indoor amenity space.

Private Open Space 36 sq. ft., minimum dimension 6 feet required for 50% of all residential units, provided as either a porch, patio, or balcony.

Open Space shall be interpreted and applied in a manner that does not physically preclude achievement of the applicable density, height, or floor area ratio otherwise permitted by this chapter.

C. Shadow and Solar Access Standards. A transit -oriented development project exceeding 45 feet in height and located adjacent to a residentially zoned property shall incorporate building modulation, upper -story stepbacks, orientation, spacing, façade articulation, or similar design measures to reduce shading impacts on adjacent properties. Development shall not result in a net increase of more than two consecutive hours of shadow on March 21 (spring equinox) between 9:00 am and 3:00 pm on any of the following areas on an adjacent residential property: primary outdoor recreation are as; existing ground -floor habitable room windows located within 20 feet of the shared property line; or solar energy systems protected pursuant to state law. Shadow and Solar Access Standards shall be interpreted and applied in a manner that does not 159
physically preclude achievement of the applicable density, height, or floor area ratio otherwise permitted by this ordinance.

1. Building façades exceeding 40 horizontal feet in length shall incorporate at least two of the following elements at intervals not exceeding 40 feet:

a. A change in wall plane of at least 2 feet in depth and 6 feet in width;

b. Balconies, recessed balconies, bay windows, or projecting architectural features extending at least 18 inches from the façade;

c. A vertical variation in materials, colors, or textures extending at least one story in height ;

d. Upper-story stepbacks with a minimum depth of 4 feet;

e. Covered pedestrian entrances or architectural canopies.

3. Blank wall areas exceeding 20 feet in horizontal length shall be prohibited along street -facing façades and shall incorporate architectural treatments, public art, green walls, etc.

4. Primary building entrances shall be clearly identifiable through at least one of the following :

a. Recessed or projecting entry features;

b. Canopies or awnings;

c. Enhanced architectural detailing;

d. Distinct material or color treatment.

5. Exterior building materials shall include a minimum of two material types or finishes on each street - facing façade.

E. Parking and Mobility. A transit -oriented development shall provide the minimum parking and mobility requirements:

2. Bicycle Parking.

a. Long-term bicycle parking shall be provided for residents at a minimum ratio of one (1) secure bicycle parking space per dwelling unit. Required long -term bicycle parking may be provided 160
within dwelling units, within secured bicycle storage rooms, bicycle lockers, controlled-access parking areas, or other secure areas protected from theft and weather .

d. Bicycle parking areas shall be connected to an accessible pedestrian path of travel and shall be designed to allow convenient access without requiring the use of stairs .

a. Sidewalks and walkways.

b. Curb ramps and driveway crossings.

c. Marked or signalized pedestrian crossings.

d. Accessible pedestrian signals, where applicable.

e. Pedestrian refuge areas, where applicable.

f. On-site accessible routes connecting the public sidewalk to primary building entrances.

161

2. A site plan showing property boundaries, building footprints, setbacks, parking areas, open space areas, and pedestrian access routes.

3. Building elevations and floor plans.

4. A project data table identifying the proposed number of dwelling units, density, building height, floor area ratio, and net habitable floor area.

5. Documentation demonstrating the project's location within the applicable transit -oriented development zone.

6. Documentation demonstrating compliance with any applicable affordability requirements, if required by state law.

7. Any other information reasonably necessary to determine compliance with the objective standards of this chapter.

C. Review Procedures.

4.1.5 (commencing with Section 65912.155) shall control.

Section 20.280.070 Severability and State Law Amendments A. Severability. The provisions of this chapter are severable. If any section, subsection, sentence, clause, phrase, table, figure, map designation, development standard, exemption, exclusion, application, or provision of this chapter, or its application to a ny person, property, project, circumstance, or geographic area, is for any reason held to be invalid, unconstitutional, preempted, or otherwise unenforceable by a 162
court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this chapter.

F. Administrative Interpretation. The Planning Director, City Attorney, and other City officials responsible for administering this chapter shall interpret and apply its provisions in a manner that effectuates the purposes of Government Code Chapter 4.1.5 and preserves the maximum lawful effect of this chapter in the event of litigation, statutory amendment, or judicial determination affecting any portion of this chapter. 163
Every effort has been made to assure the accuracy of
the maps and data provided; however, some information
may not be accurate or current. The City of San Marcos
assumes no responsibility arising from use of this
information and incorporates by reference its disclaimer regarding the lack of any warranties, whether expressed or implied, concerning the use of the same. For
additional information see the Disclaimer on the City’s website.

City of San Marcos, SanGISDATA SOURCES:

City of San Marcos GISCREATED BY:

CREATED DATE: 6/12/2026
SMMC Figure 20.280-1: Exempted Sites
Approved by Ordinance No. 2026-1581
Adopted: [replace upon adoption]
San Marcos
Blvd
S San
ta Fe
Ave
W San Marcos Blv
d
El Norte Pkwy
S Rancho Santa Fe Rd
S Las Posas Rd
Borden Rd
S Twin Oaks Valley Rd
Woodland Pkwy
N Rancho Santa Fe Rd
N
Las Posas R
d
W Borden Rd
W Mission Rd
N Twin Oaks Valley Rd
Barham DrW San Marcos Blvd
Discovery St
EMissio
n Rd
Palomar
College
Station
San Marcos
Civic Center
Station
Cal State
San Marcos
Station
Nordahl Rd
Station
Eligible Transit Stops
Exempted Sites_Exhibit B
Eligible Transit Stops_Buffer

0.25 mile

0.50 mile
164
City of San Marcos GIS
City of San Marcos, SanGIS
Every effort has been made to assure the accuracy of
the maps and data provided; however, some information
may not be accurate or current. The City of San Marcos
assumes no responsibility arising from use of this
information and incorporates by reference its disclaimer regarding the lack of any warranties, whether expressed or implied, concerning the use of the same. For
additional information see the Disclaimer on the City’s website.

CREATED BY:

DATA SOURCES:
6/2/2026 12:53 PM
4 6/1/2026CREATED DATE:

San Marcos
Blvd
S San
ta Fe Ave
WSan Marcos Blvd
S Rancho Santa
Fe Rd
El Norte Pkwy
S Las Posas Rd
Borden Rd
Woodland Pkwy
S Twin Oaks Valley Rd
N Rancho Santa Fe Rd
N
Las Posas
Rd W Borden Rd
W Mission Rd
N Twin Oaks Valley Rd
Barham Dr
W San Marcos Blvd
Discovery St
EMissio
n Rd
Palomar
College
Station
San Marcos
Civic Center
Station
Cal State
San Marcos
Station
Nordahl Rd
Station
SMMC Figure 20.280-2: Excluded Sites
Approved by Ordinance No. 2026-1581
Adopted: [replace upon adoption]
Eligible Transit Stops
Excluded Sites_Exhibit C
Fire LRA_Very High_2025
Eligible Transit Stops_Buffer

0.25 mile

0.50 mile
165

ATTACHMENT A

TRANSIT-ORIENTED DEVELOPMENT STOPS AND ZONES,

EXEMPTED AREAS, AND EXCLUDED SITES
166
City of San Marcos GIS
City of San Marcos, SanGIS
Every effort has been made to assure the accuracy of
the maps and data provided; however, some information
may not be accurate or current. The City of San Marcos
assumes no responsibility arising from use of this
information and incorporates by reference its disclaimer regarding the lack of any warranties, whether expressed or implied, concerning the use of the same. For
additional information see the Disclaimer on the City’s website.

CREATED BY:

DATA SOURCES:
4 Exhibit A
Transit-Oriented Development Stops and Zones, Exempted Areas, and Excluded Sites
6/12/2026CREATED DATE:

0.25 mile

0.50 mile
167

ATTACHMENT B

ONE-MILE WALKING PATH METHODOLOGY MEMORANDUM
DATED JUNE 12, 2026
168
City of San Marcos
1 Civic Center Drive
San Marcos, CA 92069

MEMORANDUM

Methodology
Data Used
The City conducted a network analysis utilizing Geographic Information System (GIS) feature layer data obtained from the San Diego Geographic Information Source (SanGIS). The GIS data used in the analysis included, but was not limited to, the following:
• TRAN_TRANSITSTOP (transit stop locations)
• LR_PARCEL (parcel boundaries)
• TRAN_ROAD
These layers were used to identify publicly accessible facilities and evaluate pedestrian connectivity between transit-oriented development stops and surrounding properties within the transit -oriented development zones
Analysis
Walking path distances were measured using the ArcGIS Network Analyst extension that identified the shortest legal and publicly accessible pedestrian route between each transit -oriented development stop and surrounding parcels located within the applicable transit -oriented development zone. 169
City of San Marcos
1 Civic Center Drive
San Marcos, CA 92069

MEMORANDUM

Parcels for which the shortest available legal pedestrian route exceeded one mile were identified as exempt, pursuant to Government Code Section 65912.160(e)(1).

ATTACHMENT C

SAN MARCOS MUNICIPAL CODE (SMMC)
CHAPTER 20.280: TRANSIT-ORIENTED DEVELOPMENT
171
Chapter 20.280 Transit-Oriented Development
Section 20.280.010 Purpose of Chapter
The purpose of this chapter is to implement California Government Code Chapter 4.1.5 (commencing with Section 65912.155), as amended from time to time. Nothing in this chapter shall be construed to limit the City's authority to amend these provisions as necessary to remain consistent with state law .

1. Palomar College, 1142 W. Armorlite Dr., San Marcos, CA 92069

2. San Marcos Civic Center, 40 W. San Marcos Blvd., San Marcos, CA 92069

3. California State University (CSU) San Marcos, 410 La Moree Rd., San Marcos, CA 92069

D. Walking path shall mean a continuous route available for pedestrian travel between a site and a transit-oriented development stop that is lawfully accessible to the public and may include sidewalks, pedestrian paths, multi-use trails, marked pedestrian crossings, pedestrian bridges, and other publicly accessible pedestrian facilities. A walking path does not include routes requiring travel through private property not subject to a public access easement, areas closed to public access, or locations where pedestrian access is prohibited.
172
Section 20.280.040 Eligible Sites
A. Eligible site. Parcels located within a transit-oriented development zone and zoned for residential use (R-1-20, R-1-10, R-1-7.5, R-2, R-3-6, R-3-10 Zones, and R -MHP), mixed-use development (MU -1 and MU-2 Zones), commercial use (C and NC Zones), or within a Specific Plan Area (SPA) containing a residential, mixed-use, or commercial land use district shall be eligible for a transit -oriented housing development project pursuant to this chapter, subject to the applicable development standards of the transit-oriented development zone, as follows:

1. Quarter mile radius. Parcels located within one -quarter mile of, a transit -oriented development stop.

2. Half mile radius. Parcels located more than one -quarter mile from, but within one -half mile of, a transit-oriented development stop.

A. Density, Height, FAR. A transit-oriented development shall comply with the following standards for density, height, and FAR:

Footnotes:

1. A development of less than 30 dwelling units per acre (du/ac) would not be a transit - oriented development, pursuant to the provisions of this ordinance. 173

B. Open Space. A transit-oriented development shall have the following minimum open space requirements:

Common Indoor Open Space Projects with fewer than 50 units: no indoor common space required.

50–75 units: minimum 500 sq. ft.

75–99 units: minimum 750 sq. ft.

100+ units: minimum 1,000 sq. ft.

Areas used for building lobbies, leasing offices, storage rooms, mechanical equipment, corridors, or circulation shall not count toward the minimum required common indoor amenity space.

Private Open Space 36 sq. ft., minimum dimension 6 feet required for 50% of all residential units, provided as either a porch, patio, or balcony.

Open Space shall be interpreted and applied in a manner that does not physically preclude achievement of the applicable density, height, or floor area ratio otherwise permitted by this chapter.

C. Shadow and Solar Access Standards. A transit -oriented development project exceeding 45 feet in height and located adjacent to a residentially zoned property shall incorporate building modulation, upper -story stepbacks, orientation, spacing, façade articulation, or similar design measures to reduce shading impacts on adjacent properties. Development shall not result in a net increase of more than two consecutive hours of shadow on March 21 (spring equinox) between 9:00 am and 3:00 pm on any of the following areas on an adjacent residential property: primary outdoor recreation are as; existing ground -floor habitable room windows located within 20 feet of the shared property line; or solar energy systems protected pursuant to state law. Shadow and Solar Access Standards shall be interpreted and applied in a manner that does not 174
physically preclude achievement of the applicable density, height, or floor area ratio otherwise permitted by this ordinance.

1. Building façades exceeding 40 horizontal feet in length shall incorporate at least two of the following elements at intervals not exceeding 40 feet:

a. A change in wall plane of at least 2 feet in depth and 6 feet in width;

b. Balconies, recessed balconies, bay windows, or projecting architectural features extending at least 18 inches from the façade;

c. A vertical variation in materials, colors, or textures extending at least one story in height ;

d. Upper-story stepbacks with a minimum depth of 4 feet;

e. Covered pedestrian entrances or architectural canopies.

3. Blank wall areas exceeding 20 feet in horizontal length shall be prohibited along street -facing façades and shall incorporate architectural treatments, public art, green walls, etc.

4. Primary building entrances shall be clearly identifiable through at least one of the following :

a. Recessed or projecting entry features;

b. Canopies or awnings;

c. Enhanced architectural detailing;

d. Distinct material or color treatment.

5. Exterior building materials shall include a minimum of two material types or finishes on each street - facing façade.

E. Parking and Mobility. A transit -oriented development shall provide the minimum parking and mobility requirements:

2. Bicycle Parking.

a. Long-term bicycle parking shall be provided for residents at a minimum ratio of one (1) secure bicycle parking space per dwelling unit. Required long -term bicycle parking may be provided 175
within dwelling units, within secured bicycle storage rooms, bicycle lockers, controlled-access parking areas, or other secure areas protected from theft and weather .

d. Bicycle parking areas shall be connected to an accessible pedestrian path of travel and shall be designed to allow convenient access without requiring the use of stairs .

a. Sidewalks and walkways.

b. Curb ramps and driveway crossings.

c. Marked or signalized pedestrian crossings.

d. Accessible pedestrian signals, where applicable.

e. Pedestrian refuge areas, where applicable.

f. On-site accessible routes connecting the public sidewalk to primary building entrances.

176

2. A site plan showing property boundaries, building footprints, setbacks, parking areas, open space areas, and pedestrian access routes.

3. Building elevations and floor plans.

4. A project data table identifying the proposed number of dwelling units, density, building height, floor area ratio, and net habitable floor area.

5. Documentation demonstrating the project's location within the applicable transit -oriented development zone.

6. Documentation demonstrating compliance with any applicable affordability requirements, if required by state law.

7. Any other information reasonably necessary to determine compliance with the objective standards of this chapter.

C. Review Procedures.

4.1.5 (commencing with Section 65912.155) shall control.

Section 20.280.070 Severability and State Law Amendments A. Severability. The provisions of this chapter are severable. If any section, subsection, sentence, clause, phrase, table, figure, map designation, development standard, exemption, exclusion, application, or provision of this chapter, or its application to a ny person, property, project, circumstance, or geographic area, is for any reason held to be invalid, unconstitutional, preempted, or otherwise unenforceable by a 177
court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this chapter.

F. Administrative Interpretation. The Planning Director, City Attorney, and other City officials responsible for administering this chapter shall interpret and apply its provisions in a manner that effectuates the purposes of Government Code Chapter 4.1.5 and preserves the maximum lawful effect of this chapter in the event of litigation, statutory amendment, or judicial determination affecting any portion of this chapter. 178
Every effort has been made to assure the accuracy of
the maps and data provided; however, some information
may not be accurate or current. The City of San Marcos
assumes no responsibility arising from use of this
information and incorporates by reference its disclaimer regarding the lack of any warranties, whether expressed or implied, concerning the use of the same. For
additional information see the Disclaimer on the City’s website.

City of San Marcos, SanGISDATA SOURCES:

City of San Marcos GISCREATED BY:

0.25 mile

0.50 mile
179
City of San Marcos GIS
City of San Marcos, SanGIS
Every effort has been made to assure the accuracy of
the maps and data provided; however, some information
may not be accurate or current. The City of San Marcos
assumes no responsibility arising from use of this
information and incorporates by reference its disclaimer regarding the lack of any warranties, whether expressed or implied, concerning the use of the same. For
additional information see the Disclaimer on the City’s website.

CREATED BY:

DATA SOURCES:
6/2/2026 12:53 PM
4 6/1/2026CREATED DATE:

San Marcos
Blvd
S San
ta Fe Ave
WSan Marcos Blvd
S Rancho Santa
Fe Rd
El Norte Pkwy
S Las Posas Rd
Borden Rd
Woodland Pkwy
S Twin Oaks Valley Rd
N Rancho Santa Fe Rd
N
Las Posas
Rd W Borden Rd
W Mission Rd
N Twin Oaks Valley Rd
Barham Dr
W San Marcos Blvd
Discovery St
EMissio
n Rd
Palomar
College
Station
San Marcos
Civic Center
Station
Cal State
San Marcos
Station
Nordahl Rd
Station
SMMC Figure 20.280-2: Excluded Sites
Approved by Ordinance No. 2026-1581
Adopted: [replace upon adoption]
Eligible Transit Stops
Excluded Sites_Exhibit C
Fire LRA_Very High_2025
Eligible Transit Stops_Buffer

0.25 mile

0.50 mile
180

ATTACHMENT D
NOTICE OF EXEMPTION (EX26-041)
181

CITY OF SAN MARCOS

NOTICE OF EXEMPTION
TO:

Office of Planning and Research
Mail: PO Box 3044, Room 113
Sacramento, CA 95812-3044
Street: 1400 Tenth Street, #113
Sacramento, CA 95814
FROM: City of San Marcos
Planning Division
1 Civic Center Drive
San Marcos, CA 92069
Phone: 760-744-1050 x.3233

X COUNTY CLERK/RECORDER

COUNTY OF SAN DIEGO
P.O. Box 1750
San Diego, CA 92112-4147

Text Amendment (TA) 26-0001 and CEQA Exemption (EX) 26-041 – Transit-Oriented Development

PROJECT TITLE

City of San Marcos, Attn: Sean del Solar, 1 Civic Center Drive, San Marcos, CA 92069 Phone: (760) 744-1050

PROJECT APPLICANT NAME, ADDRESS AND PHONE NUMBER)

Citywide

PROJECT LOCATION - SPECIFIC

San Marcos San Diego

PROJECT LOCATION - CITY PROJECT LOCATION - COUNTY

An urgency ordinance pursuant Government Code (GC) Sections 36394 and 36937 and non-urgency ordinance, for the adoption of a Text Amendment (TA) of the San Marcos Municipal Code (SMMC) Chapter 20. 280, identifying sites for exclusion from Senate Bill (SB) 79, identifying sites for phased implementation of SB 79, amending the zoning map to reflect SB 79 exempt sites and sites with phased implementation, establish development standards .

DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT

City of San Marcos

NAME OF PUBLIC AGENCY APPROVING PROJECT

Joseph Farace, Planning Division Director

NAME OF PERSON OR AGENCY CARRYING OUT PROJECT

EXEMPT STATUS: (CHECK ONE)
MINISTERIAL (SEC. 21080(b)(1); 15268)
DECLARED EMERGENCY (Sec. 21080(b)(3); 15269(a))
EMERGENCY PROJECT (Sec. 21080(b)(4); 15269 (b)(c))
x CATEGORICAL EXEMPTION (STATE TYPE AND SECTION NUMBER) Cal. GC Section 65912.160(c)(2)
STATUTORY EXEMPTIONS. State code number: _________________________________________ REASONS WHY PROJECT IS EXEMPT: An ordinance adopted to implement SB 79 is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.

Joseph Farace (760) 744-1050 X. 3248

LEAD AGENCY CONTACT PERSON AREA CODE/TELEPHONE/EXTENSION

If filed by applicant: 1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? __Yes __No

SIGNATURE: Date: July 15, 2026
Joseph Farace, Title: Planning Division Director

X Signed by Lead Agency ___ Signed by Applicant Date Received for filing at OPR:____________________

Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

182

ATTACHMENT E
SENATE BILL (SB) 79 FULL TEXT
183
SHARE THIS:

Date Published: 10/13/2025 09:00 PM
SB-79 Housing development: transit-oriented development. (2025-2026) Senate Bill No. 79
CHAPTER 512
An act to add Chapter 4.1.5 (commencing with Section 65912.155) to Division 1 of Title 7 of the Government Code, relating to land use.
[ Approved by Governor October 10, 2025. Filed with Secretary of State October 10, 2025. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 79, Wiener. Housing development: transit-oriented development. (1) Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long- term general plan for the physical development of the county or city, and specified land outside its boundaries, that contains certain mandatory elements, including a housing element. Existing law requires that the housing element consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing, as specified. Existing law requires that the housing element include, among other things, an assessment of housing needs and an inventory of resources and constraints that are relevant to the meeting of these needs, including an inventory of land suitable for residential development, as provided. Existing law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified, and requires the appropriate council of local governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each locality in the region. Existing law requires the inventory of land to be used to identify sites throughout the community that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need. Existing law requires each local government to revise its housing element in accordance with a specified schedule.

Existing law, the Housing Accountability Act, among other things, requires a local agency that proposes to disapprove a housing development project, as defined, or to impose a condition that the project be developed at a lower density to base its decision on written findings supported by a preponderance of the evidence that specified conditions exist if that project complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete. The act authorizes the applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization to bring an action to enforce the act’s provisions, as provided, and provides for penalties if the court finds that the local agency is in violation of specified provisions of the act.

Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 6/30/26, 4:41 PM Bill Text - SB-79 Housing development: transit-oriented development. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB79 1/13184 This bill would require that a housing development project, as defined, within a specified distance of a transit- oriented development (TOD) stop, as defined, be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development, if the development complies with applicable requirements, as specified. Among these requirements, the bill would require a project to include at least 5 dwelling units and establish requirements concerning height limits, density, and residential floor area ratio in accordance with a development’s proximity to specified tiers of TOD stops, as provided. The bill would require that, for the purposes of the Housing Accountability Act, a proposed development consistent with the applicable standards of these provisions as well as applicable local objective general plan and zoning standards be deemed consistent, compliant, and in conformity with prescribed requirements, as specified. The bill would provide that a local government that denies a project meeting the requirements of these provisions located in a high-resource area, as defined, would be presumed in violation of the Housing Accountability Act, as specified, and immediately liable for penalties, beginning on January 1, 2027, as provided. These provisions would not apply to a local agency until July 1, 2026, except as specified, or within unincorporated areas of counties until the 7th regional housing needs allocation cycle. The bill would specify that a development proposed pursuant to these provisions is eligible for streamlined, ministerial approval pursuant to specified law, except that the bill would exempt a project under these provisions from specified requirements, and would specify that the project is required to comply with certain affordability requirements, under that law.

This bill would require a proposed development to comply with specified demolition and antidisplacement standards; to not be located on sites where the development would require demolition of housing, or that was previously used for housing, that is subject to rent or price controls; to include housing for lower income households, as specified; be consistent with specified height, noise, safety, and fire standards; and meet specified labor standards, as provided. The bill would also authorize a transit agency’s board of directors to adopt agency TOD zoning standards for district-owned real property located in a TOD zone, which establish minimum zoning requirements for an agency TOD project, as specified.

Prior to one year following the adoption of the 7th revision of the housing element, this bill would not apply the provisions relating to a housing development project to specified sites for which a local government has adopted an ordinance indicating the site’s exclusion, as specified, including a site that is covered by a local TOD alternative plan, as defined, adopted by a local government. For the 7th and subsequent revisions of the housing element, the bill would authorize a local government to include a local TOD alternative plan in its housing element or adopt an alternative plan by ordinance, as specified. The bill would exempt a jurisdiction that has adopted a compliant local TOD alternative plan from the provisions relating to a housing development, as specified.

This bill would require the Department of Housing and Community Development to oversee compliance with the bill’s provisions and would require the department to promulgate standards on how to allow for capacity pursuant to these provisions to be counted in the inventory of land included within a county’s or city’s housing element, as specified. The bill would authorize each metropolitan planning organization to create a map of designated TOD stops and zones within its region by tier in accordance with these standards, which would have a rebuttable presumption of validity. The bill would authorize a local government to enact an ordinance to make its zoning code consistent with these provisions, as provided. The bill would require the local government to submit a draft of this ordinance to the department for review, at least 14 days prior to adoption of the ordinance. The bill would require the local government to submit a copy of this ordinance to the department within 60 days of enactment and would require the department to review the ordinance for compliance, as specified. If at any time the department finds an ordinance is out of compliance, and the local government does not take specified steps to address compliance, the bill would require the department to notify the local government in writing and authorize the department to notify the Attorney General, as provided.

This bill would define various terms for its purposes and make related findings and declarations.

This bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By increasing the duties of local officials, and by expanding the crime of perjury by requiring the certification of certain information related to labor standards, this bill would impose a state-mandated local program. (2) This bill would provide that its provisions are severable. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 6/30/26, 4:41 PM Bill Text - SB-79 Housing development: transit-oriented development. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB79 2/13185 This bill would provide that no reimbursement is required by this act for specified reasons.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Chapter 4.1.5 (commencing with Section 65912.155) is added to Division 1 of Title 7 of the Government Code, to read:

CHAPTER 4.1.5. Transit-Oriented Development
65912.155. The Legislature finds and declares all of the following:
(a) California faces a housing shortage both acute and chronic, particularly in areas with access to robust public transit infrastructure.
(b) Creating ownership opportunities can be an effective long-term strategy for building wealth and can create a path to financial security.
(c) Building more homes near transit access reduces housing and transportation costs for California families, and promotes environmental sustainability, economic growth, and reduced traffic congestion. (d) Public transit systems require sustainable funding to provide reliable service, especially in areas experiencing increased density and ridership. The state does not invest in public transit service to the same degree as it does in roads, and the state funds a smaller proportion of the state’s major transit agencies’ operations costs than other states with comparable systems. Transit systems in other countries derive significant revenue from transit- oriented development at and near their stations.
65912.156. For purposes of this chapter, the following definitions apply:
(a) “Adjacent” means within 200 feet of any pedestrian access point to a transit-oriented development stop. (b) “Commuter rail” means a public rail transit service not meeting the standards for heavy rail or light rail, excluding California High-Speed Rail and Amtrak Long Distance Service. (c) “Department” means the Department of Housing and Community Development. (d) “Heavy rail transit” means a public electric railway line with the capacity for a heavy volume of traffic using high-speed and rapid acceleration passenger rail cars operating singly or in multicar trains on fixed rails, separate rights-of-way from which all other vehicular and foot traffic are excluded, and high platform loading. “Heavy rail transit” does not include California High-Speed Rail. (e) “High-frequency commuter rail” means a commuter rail service operating a total of at least 48 trains per day across both directions, not including temporary service changes of less than one month or unplanned disruptions, and not meeting the standard for very high frequency commuter rail, at any point in the past three years.
(f) “High-resource area” means an area designated as highest resource or high resource on the most recently adopted version of the opportunity area maps published by the California Tax Credit Allocation Committee and the department.
(g) “Housing development project” has the same meaning as defined in Section 65589.5, but does not include a project of which any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. For the purposes of this subdivision, the term “other transient lodging” does not include either of the following:
(1) A residential hotel, as defined in Section 50519 of the Health and Safety Code. (2) After the issuance of a certificate of occupancy, a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, in a manner consistent with local law.
(h) “Light rail transit” includes streetcar, trolley, and tramway service. “Light rail transit” does not include airport people movers.
6/30/26, 4:41 PM Bill Text - SB-79 Housing development: transit-oriented development. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB79 3/13186 (i) “Net habitable square footage” means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements. (j) “Low-resource area” means an area designated as low resource on the most recently adopted version of the opportunity area maps published by the California Tax Credit Allocation Committee and the department. (k) “Rail transit” has the same meaning as defined in Section 99602 of the Public Utilities Code. (l) “Residential floor area ratio” means the ratio of net habitable square footage dedicated to residential use to the area of the lot.
(m) “Transit-oriented development zone” means the area within one-half mile of a transit-oriented development stop.
(n) “Tier 1 transit-oriented development stop” means a transit-oriented development stop within an urban transit county served by heavy rail transit or very high frequency commuter rail. (o) “Tier 2 transit-oriented development stop” means a transit-oriented development stop within an urban transit county, excluding a Tier 1 transit-oriented development stop, served by light rail transit, by high-frequency commuter rail, or by bus service meeting the standards of paragraph (1) of subdivision (a) of Section 21060.2 of the Public Resources Code.
(p) “Transit-oriented development stop” means a major transit stop, as defined by Section 21064.3 of the Public Resources Code, and also including stops on a route for which a preferred alternative has been selected or which are identified in a regional transportation improvement program, that is served by heavy rail transit, very high frequency commuter rail, high frequency commuter rail, light rail transit, or bus service within an urban transit county meeting the standards of paragraph (1) of subdivision (a) of Section 21060.2 of the Public Resources Code. When a new transit route or extension is planned that was not identified in the applicable regional transportation plan on or before January 1, 2026, those stops shall not be eligible as transit-oriented development stops unless they would be eligible as Tier 1 transit-oriented development stops. If a county becomes an urban transit county subsequent to July 1, 2026, then bus service in that county shall remain ineligible for designation of a transit-oriented development stop. (q) “Urban transit county” means a county with more than 15 passenger rail stations. (r) “Very high frequency commuter rail” means a commuter rail service with a total of at least 72 trains per day across both directions, not including temporary service changes of less than one month or unplanned disruptions, at any point in the past three years.
65912.157. (a) A housing development project shall be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development within one-half or one-quarter mile of a transit-oriented development stop, if the development complies with the applicable of all of the following requirements:
(1) A transit-oriented housing development project allowed under this chapter shall include at least five dwelling units and meet the greater of the following:
(A) A minimum density of at least 30 dwelling units per acre. (B) The minimum density required under local zoning, if applicable. (2) The average total area of floor space for the proposed units in the transit-oriented housing development project shall not exceed 1,750 net habitable square feet. (3) For a transit-oriented housing development project within one-quarter mile of a Tier 1 transit-oriented development stop, all of the following apply:
(A) A local government shall not impose any height limit less than 75 feet. (B) A local government shall not impose any maximum density of less than 120 dwelling units per acre. (C) A local government shall not enforce any other local development standard or combination of standards that would physically preclude achieving a residential floor area ratio of up to 3.5. 6/30/26, 4:41 PM Bill Text - SB-79 Housing development: transit-oriented development. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB79 4/13187 (D) A development that achieves a minimum density of 90 dwelling units per acre and that otherwise meets the eligibility requirements of Section 65915, including, but not limited to, affordability requirements, shall be eligible for additional concessions pursuant to Section 65915, as specified in subdivision (d). (4) For a transit-oriented housing development project further than one-quarter mile but within one-half mile of a Tier 1 transit-oriented development stop, and within a city with a population of at least 35,000, all of the following apply:
(A) A local government shall not impose any height limit less than 65 feet. (B) A local government shall not impose any maximum density standard of less than 100 dwelling units per acre.
(C) A local government shall not enforce any other local development standard or combination of standards that would physically preclude achieving a residential floor area ratio of up to 3. (D) A development that achieves a minimum density of 75 dwelling units per acre and that otherwise meets the eligibility requirements of Section 65915, including, but not limited to, affordability requirements, shall be eligible for additional concessions pursuant to Section 65915, as specified in subdivision (d). (5) For a transit-oriented housing development project within one-quarter mile of a Tier 2 transit-oriented development stop, all of the following apply:
(A) A local government shall not impose any height limit less than 65 feet. (B) A local government shall not impose any maximum density standard of less than 100 dwelling units per acre.
(C) A local government shall not enforce any other local development standard or combination of standards that would physically preclude achieving a residential floor area ratio of up to 3. (D) A development that achieves a minimum density of 75 dwelling units per acre and that otherwise meets the eligibility requirements of Section 65915, including, but not limited to, affordability requirements, shall be eligible for additional concessions pursuant to Section 65915, as specified in subdivision (d). (6) For a transit-oriented housing development project further than one-quarter mile but within one-half mile of a Tier 2 transit-oriented development stop, and within a city with a population of at least 35,000, all of the following apply:
(A) A local government shall not impose any height limit less than 55 feet. (B) A local government shall not impose any maximum density standard of less than 80 dwelling units per acre.
(C) A local government shall not enforce any other local development standard or combination of standards that would physically preclude achieving a residential floor area ratio of up to 2.5. (D) A development that achieves a minimum density of 60 dwelling units per acre and that otherwise meets the eligibility requirements of Section 65915, including, but not limited to, affordability requirements, shall be eligible for additional concession pursuant to Section 65915, as specified in subdivision (d). (b) For purposes of this chapter, the distance of a transit-oriented housing development project from a transit- oriented development stop shall be measured in a straight line from the nearest edge of the parcel containing the proposed project to a pedestrian access point for the transit-oriented development stop. (c) A local government may still enact and enforce standards, including an inclusionary zoning requirement that do not, alone or in concert, prevent achieving the applicable development standards of subdivision (a). A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary zoning requirements, that applies to a project solely or partially on the basis that the project is seeking approval as a transit-oriented housing development, except as necessary for the requirements of this chapter. (d) A transit-oriented housing development project under this section shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915 or a local density bonus program, using the density allowed under this section as the base density. If a development proposes a height under this section in excess of the local height limit, then a local 6/30/26, 4:41 PM Bill Text - SB-79 Housing development: transit-oriented development. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB79 5/13188 government shall not be required to grant a waiver, incentive, or concession pursuant to Section 65915 for additional height beyond that specified in this section, except as provided in subparagraph (D) of paragraph (2) of subdivision (d) of Section 65915. A development shall be eligible for the following additional concessions, if it meets the applicable density threshold specified for its location:
(1) For a development providing housing for extremely low income households, three additional concessions. (2) For a development providing housing for very low income households, two additional concessions. (3) For a development providing housing for low-income households, one additional concession. (e) Notwithstanding any other law, a transit-oriented housing development project that meets any of the eligibility criteria under subdivision (a) and is immediately adjacent to a transit-oriented development stop shall be eligible for an adjacency intensifier to increase the height limit by an additional 20 feet, the maximum density standard by an additional 40 dwelling units per acre, and the residential floor area ratio by 1 prior to the application of Section 65915.
(f) A development proposed pursuant to this section shall comply with Section 66300.6, including any local requirements or processes implementing the provisions of Section 66300.6. This subdivision shall apply to any city or county.
(g) A development proposed pursuant to this section shall comply with any applicable local demolition and antidisplacement standards established through a local ordinance. (h) A development proposed pursuant to this section shall not be located on either of the following:
(1) A site containing more than two units where the development would require the demolition of housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power that has been occupied by tenants within the past seven years. (2) A site that was previously used for more than two units of housing that were demolished within seven years before the development proponent submits an application under this section and any of the units were subject to any form of rent or price control through a public entity’s valid exercise of its police power. (i) A development proposed pursuant to this section shall include housing for lower income households by complying with one of the following requirements:
(1) (A) Any of the following:
(i) At least 7 percent of the total units, as defined in subparagraph (A) of paragraph (9) of subdivision (o) of Section 65915, are dedicated to extremely low income households, as defined in Section 50106 of the Health and Safety Code.
(ii) At least 10 percent of the total units, as defined in subparagraph (A) of paragraph (9) of subdivision (o) of Section 65915, are dedicated to very low income households, as defined in Section 50105 of the Health and Safety Code.
(iii) At least 13 percent of the total units, as defined in subparagraph (A) of paragraph (9) of subdivision (o) of Section 65915, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(B) This paragraph shall not apply to any development of 10 units or less. (C) All units dedicated to extremely low income, very low income, and low-income households pursuant to subparagraph (A) shall meet both of the following:
(i) The units shall have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code. (ii) The development proponent shall agree to, and the local agency shall ensure, the continued affordability of all affordable rental units included pursuant to this section for 55 years and all affordable ownership units included pursuant to this section for a period of 45 years. (2) If a local inclusionary housing requirement mandates a higher percentage of affordable units or a deeper level of affordability than that described in paragraph (1), then the local inclusionary housing requirement mandate shall apply in place of the requirements in paragraph (1). 6/30/26, 4:41 PM Bill Text - SB-79 Housing development: transit-oriented development. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB79 6/13189 (j) A development proposed pursuant to this chapter shall be consistent with the height, noise, and safety standards of an adopted airport land use compatibility plan or Department of Defense Air Installation Compatible Use Zones developed pursuant to Section 21675 of the Public Utilities Code, and of otherwise applicable objective fire safety standards established pursuant to the California Building Code, the California Fire Code, the California, Wildland-Urban Interface Code, the Health and Safety Code, the Public Resources Code, or Chapter

6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of this code. (k) Any transit-oriented housing development pursuant to this section shall meet the labor standards of subparagraphs (A), (B), (C), (D), (F), and (G) of paragraph (8) of subdivision (a) of Section 65913.4 for any building over 85 feet in height, which shall be applicable to the building. (l) For purposes of subdivision (j) of Section 65589.5, a proposed housing development project that is consistent with the applicable standards from this chapter, as well as applicable local objective general plan and zoning standards that do not alone or in concert prevent achieving those standards, and as modified by any incentive, concession, or waiver under Section 65915, shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. This subdivision shall not require a ministerial approval process or modify the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.
(m) Beginning on January 1, 2027, a local government that denies a housing development project meeting the requirements of this section that is located in a high-resource area shall be presumed to be in violation of the Housing Accountability Act (Section 65589.5) and immediately liable for penalties pursuant to subparagraph (B) of paragraph (1) of subdivision (k) of Section 65589.5, unless the local government demonstrates, pursuant to the standards in subdivisions (j) and (o) of Section 65589.5, that it has a health, life, or safety reason for denying the project.
(n) This section shall not apply to a local agency until July 1, 2026, unless the local agency adopts an ordinance or local transit-oriented development alternative plan deemed compliant by the department before July 1, 2026.

It shall not apply within an unincorporated area of a county until the 7th regional housing needs allocation cycle. 65912.158. (a) For the purposes of this section, “agency transit-oriented development project” means a housing development project or mixed use residential project that meets all of the following requirements:
(1) A minimum of 50 percent of the total square footage of the project is dedicated to residential purposes. (2) A minimum of 20 percent of the total number of units shall be restricted for the affordable lower income households and shall be subject to a recorded affordability restriction for at least 55 years in the case of rental units and 45 years in the case of owner occupied units, unless a local ordinance or the terms of federal, state, or local tax credit, or other project financing requires a longer period of affordability. (3) The average total floor area of floor space for the proposed units in the housing development project shall not exceed 1,750 net habitable square feet.
(4) The parcel or parcels on which the project is located is an infill site, as defined in Section 21061.3 of the Public Resources Code.
(5) The transit-oriented development parcels on which the transit-oriented development project would be located was not acquired through eminent domain on or after July 1, 2025. (6) The parcels on which the transit-oriented development project would be located are owned by the agency and either:
(A) The parcels are adjacent to a transit-oriented development stop for which the agency operates service, or form a contiguous area adjacent to such a transit-oriented development stop. (B) At least 75 percent of the project area is located within one-half mile of a transit-oriented development stop for which the agency operates service or plans to provide service and was owned by the agency on or before January 1, 2026.
(b) (1) A transit agency’s board of directors may adopt by resolution agency transit-oriented development zoning standards for district-owned real property located in a transit-oriented development zone. These standards shall establish minimum local zoning requirements for height, density, residential floor area ratio, and allowed uses, that shall apply to an agency transit-oriented development project, that shall be consistent with Section 65912.157.
6/30/26, 4:41 PM Bill Text - SB-79 Housing development: transit-oriented development. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB79 7/13190 (2) Adopted agency transit-oriented development zoning standards shall establish, for each transit station, the lowest permissible maximum standard for height, density, and residential floor area ratio, and a list of approved residential, retail, and commercial uses.
(3) The agency transit-oriented development zoning standards adopted by the board of directors shall not adopt a lowest permissible maximum standard for density or residential floor area ratio below the level permitted under Section 65912.157, and shall not prohibit residential use. (4) The agency transit-oriented development zoning standards shall not establish density standards that exceed 200 percent of the maximum density established in Section 65912.157. (c) The adoption of, and amendments to, the agency transit-oriented development zoning standards shall comply with all of the following:
(1) The transit agency shall hold a public hearing to receive public comment on the proposed agency transit- oriented development zoning standards or proposed changes to the agency transit-oriented development zoning standards. The transit agency shall conduct direct outreach to relevant local governments and to communities of concern around each station. Before or during the scoping meeting, the transit agency shall consult with each local government in which the station is located, as well as any relevant infrastructure agencies. The consultation required pursuant to this section shall include all of the following:
(A) A review of the housing needs of the jurisdiction.
(B) A review of the transit-oriented development approved and built in the past year in the jurisdiction. (C) A review of any transit-oriented development projects proposed by the transit agency in the jurisdiction for the past year.
(D) A discussion of any obstacles to development of any project proposed by the transit agency. (2) Not less than 30 days before a public hearing of the board to consider the agency transit-oriented development zoning standards, the transit agency shall provide public notice and make the draft standards available to the public.
(3) The board shall adopt or reject any proposed agency transit-oriented development zoning standards at a publicly noticed meeting of the board not less than 30 days following the original public hearing. (d) Objective standards adopted pursuant to paragraph (b) shall not preempt or otherwise displace local discretionary standards that apply to hotel, motel, bed and breakfast, or other transient lodging use, including short-term lodging, as defined in Section 17568.8 of the Business and Professions Code. For the purposes of this subdivision, the term “other transient lodging” does not include a residential hotel, as defined in Section 50519 of the Health and Safety Code.
(e) Where local zoning is inconsistent with the agency transit-oriented development zoning standards for a station, the local jurisdiction may adopt a local zoning ordinance that conforms to the transit-oriented development zoning standards.
(f) (1) A local government shall not be required to approve any height limit in excess of the standard for development adjacent to the transit-oriented development stop under Section 65912.157. (2) The transit agency shall make a finding as to whether the local zoning ordinance conforms to the agency transit-oriented development zoning standards. Local zoning shall remain in place unless the transit agency determines that it does not conform to the agency transit-oriented development zoning standards. If, according to the transit agency’s finding, the local zoning ordinance does not conform to the agency transit- oriented development zoning standards after two years of the date that the agency transit-oriented development zoning standards are adopted by the board for that station, the agency transit-oriented development zoning standards shall become the local zoning for any district-owned parcels that are eligible under this section, except for any height limit in excess of the standard for development adjacent to the transit-oriented development stop under Section 65912.157. For each station, a local jurisdiction may update zoning for transit agency-owned land to comply with agency transit-oriented development zoning standards until the time that the transit agency enters into an exclusive negotiating agreement with a developer for an agency transit-oriented development project.
6/30/26, 4:41 PM Bill Text - SB-79 Housing development: transit-oriented development. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB79 8/13191 (g) (1) The transit agency’s approval of agency transit-oriented development zoning standards shall be subject to review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). The district shall serve as the lead agency for California Environmental Quality Act review for transit-oriented development zoning standards. (2) Any subsequent California Environmental Quality Act review of rezoning to conform with agency transit- oriented development zoning standards, and of eligible transit-oriented development projects proposed and on district-owned land, shall incorporate the environmental review document certified for the transit-oriented development zoning standards consistent with Section 21094 of the Public Resources Code. A public agency shall not prepare an environmental impact report or mitigated negative declaration for rezoning pursuant to paragraph (2) of subdivision (f) to implement agency transit-oriented development zoning standards or for a transit-oriented development project subsequent to the transit agency’s certification of an environmental review document for approval of agency transit-oriented development zoning standards unless the public agency finds, based on substantial evidence, that the rezoning or transit-oriented development project creates a significant effect on the environment that was not analyzed in the prior environmental review document, and mitigated or avoided.
(h) A local agency may adopt objective, written development standards, conditions, and policies that apply to development on district-owned property, provided that they demonstrate their consistency with the agency transit-oriented development zoning standards. In the event that the agency transit-oriented development zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the agency transit-oriented development zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard.
(i) Zoning in effect as a result of this section shall be considered the same as locally approved zoning for all purposes, including the Density Bonus Law and the Housing Accountability Act. (j) Any agency transit-oriented development project shall comply with the antidisplacement requirements of Section 66300.6.
(k) A local government shall not be required to approve any height limit under this section greater than the height limit specified in this chapter for development adjacent to the relevant tier of a transit-oriented development stop. A transit agency shall not set a maximum height, density, or residential floor area ratio below that which would be allowed for the site under this chapter. (l) If nonresidential development is included in an agency transit-oriented development project, at least 25 percent of the total planned units affordable to lower income households shall be made available for lease or sale and permitted for use and occupancy before or at the same time with every 25 percent of nonresidential development made available for lease or sale and permitted for use and occupancy. (m) The development applicant for an agency transit-oriented development project proposed pursuant to this section shall certify that the labor standards in paragraphs (8) and (9) of subdivision (a) of Section 65913.4 will be met in project construction, and those standards shall apply if the project is approved by the public agency.

Notwithstanding the preceding sentence, this subdivision shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement with the transit agency that was entered into before July 1, 2026, that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for the enforcement of that obligation through an arbitration procedure. For the purposes of this subdivision, “project labor agreement,” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. 65912.159. (a) A housing development project proposed pursuant to Section 65912.157 shall be eligible for streamlined ministerial approval pursuant to Section 65913.4 in accordance with all of the following:
(1) The proposed project shall be exempt from subparagraph (A) of paragraph (4) of, and paragraph (5) of, subdivision (a) of Section 65913.4.
(2) The proposed project shall comply with the affordability requirements in subclauses (I) to (III), inclusive, of clause (i) of subparagraph (B) of paragraph (4) of subdivision (a) of Section 65913.4. (3) The proposed project shall comply with all other requirements of Section 65913.4, including, but not limited to, the prohibition against a site that is within a very high fire hazard severity zone, pursuant to subparagraph (D) of paragraph (6) of subdivision (a) of Section 65913.4. 6/30/26, 4:41 PM Bill Text - SB-79 Housing development: transit-oriented development. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB79 9/13192 (b) Any housing development proposed pursuant to Section 65912.157 not seeking streamlined approval under Section 65913.4 shall be reviewed according to the jurisdiction’s development review process and Section 65589.5, except that any local zoning standard conflicting with the requirements of this chapter shall not apply. 65912.160. (a) The department shall oversee compliance with this chapter. (b) The department shall promulgate standards on how to allow for capacity pursuant to this chapter to be counted in a city or county’s inventory of land suitable for residential development pursuant to Section 65583.2, no later than July 1, 2026.
(c) (1) A local government may enact an ordinance to make its zoning code consistent with the provisions of this chapter, subject to review by the department pursuant to subdivision (d). This ordinance may include objective development standards, conditions, and policies, applying to transit-oriented housing developments, that are demonstrated by a preponderance of evidence to not physically preclude, alone or in concert, the applicable housing development standards of Section 65912.157.
(2) The ordinance described in paragraph (1) shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(d) If a local government adopts an ordinance to come into compliance with this section, the following provisions shall apply:
(1) (A) At least 14 days prior to adoption of an ordinance pursuant to this section, the local government shall submit a draft ordinance to the department.
(B) The department may review the draft and report its written findings to the planning agency. (2) A local government shall submit a copy of any ordinance enacted pursuant to this section to the department within 60 days of enactment.
(3) (A) The department shall, within 90 days, review the enacted ordinance, make a finding as to whether the enacted ordinance is in substantial compliance with this section, and report that finding to the local government.
(B) If needed, the department may request an additional 30 days to make a finding as to whether the enacted ordinance is in substantial compliance with this section, and report that finding to the local government.
(C) If the department does not provide written findings to the local government within the review period provided for in this paragraph, the ordinance shall be deemed compliant for the purposes of assessing penalties, including those pursuant to subdivision (m) of Section 65912.157. (4) If at any time the department determines that the ordinance does not comply with this section, the department shall notify the local government in writing. The department shall provide the local government a reasonable time, not to exceed 60 days, to respond before taking further action as authorized by this section. (5) The local government shall consider any findings made by the department pursuant to paragraph (4) and shall do one of the following:
(A) Amend the ordinance to comply with this section.
(B) Enact the ordinance without changes. The local government shall include findings in its resolution adopting the ordinance that explain the reasons the local government believes that the ordinance complies with this section despite the findings of the department. (6) If the local government does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local government and may notify the Attorney General that the local government is in violation of this section. (e) The ordinance may designate areas within one-half mile of a transit-oriented development stop as exempt from the provisions of this chapter if:
(1) The local government makes findings supported by substantial evidence that there exists no walking path of less than one mile from that location to the transit-oriented development stop. 6/30/26, 4:41 PM Bill Text - SB-79 Housing development: transit-oriented development. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB79 10/13193 (2) A local government with at least 15 transit-oriented development stops designates the area as an industrial employment hub. An industrial employment hub shall be a contiguous area of at least 250 acres designated in the jurisdiction’s general plan on or before January 1, 2025, as an employment lands area; the parcels within it shall be primarily dedicated to industrial use as defined in paragraph (3) of subdivision (f) of Section 65912.121; and housing shall not be a permitted use on any of the sites so excluded. (f) Each metropolitan planning organization shall create a map of transit-oriented development stops and zones within its region by tier, as designated under this chapter, in accordance with the department’s guidance pursuant to subdivision (b). This map shall have a rebuttable presumption of validity for use by project applicants and local governments.
65912.161. (a) For purposes of this section, “transit-oriented development alternative plan” shall mean a plan adopted by the local agency via the adoption of the housing element, a program to implement the housing element, the adoption of a specific plan, a zoning overlay, or enactment of an ordinance; that brings the local agency into compliance with this chapter and that incorporates all of the following:
(1) A local transit-oriented development alternative plan shall maintain at least the same total net zoned capacity, in terms of both total units and residential floor area, as provided for in this chapter across all transit- oriented development zones within the jurisdiction.
(A) Net zoned capacity in units shall be measured by subtracting the current number of units on the site from the number allowed by the applicable development standards. (B) Net zoned capacity in floor area shall be measured by subtracting the current developed floor area of the site from the amount allowed by the applicable development standards. (2) The plan shall not reduce the maximum allowed density for any individual site on which the plan allows residential use by more than 50 percent below that permitted under this chapter, except for sites meeting any of the following criteria:
(A) Sites within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code.
(B) Sites that are vulnerable to one foot of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government’s coastal hazards vulnerability assessment. (C) Sites with a historic resource designated on a local register, so long as sites excluded from the density requirements of this paragraph on that basis do not cumulatively exceed 10 percent of the eligible area of any transit-oriented development zone.
(D) Sites within one-half mile of a Tier 2 transit-oriented development stop shall not have a density below 30 units per acre with a residential floor area ratio of 1.0, except for sites specified in subparagraphs (A) to (C), and should be considered for attached entry level owner occupied housing development opportunities. (3) The plan shall not reduce the capacity in any transit-oriented development zone in total units or residential floor area by more than 50 percent.
(4) A site’s maximum capacity counted toward the plan shall not exceed 200 percent of the maximum density established under this chapter. Any site excluded from the minimum density requirements of subparagraphs (A) to (C) of paragraph (2) shall not be counted toward the plan’s capacity. For purposes of this section, calculations regarding capacity, density, and floor area shall include capacity, density, or floor area available under voluntary local housing incentive programs.
(5) A local transit-oriented development alternative plan may consist of an existing local transit-oriented zoning ordinance, overlay zone, specific plan, or zoning incentive ordinance, provided that it meets the requirements of this subdivision.
(b) (1) Prior to one year following the adoption of the seventh revision of the housing element, Section 65912.157 shall not apply to any of the following for which the local government has adopted an ordinance in accordance with Section 65912.160 indicating the site’s exclusion:
6/30/26, 4:41 PM Bill Text - SB-79 Housing development: transit-oriented development. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB79 11/13194 (A) A site that has been identified by the local jurisdiction which permits density and residential floor area ratio at no less than 50 percent of the standards specified under subdivision (a) of Section 65912.157. (B) (i) A site in a transit-oriented development zone in which at least 33 percent of sites in the relevant transit-oriented development zone have permitted density and residential floor area ratio no less than 50 percent of the standards specified under subdivision (a) of Section 65912.157 and which includes sites with densities that cumulatively allow for at least 75 percent of the aggregate density for the transit-oriented development zone specified under subdivision (a) of Section 65912.157. (ii) A site in a transit-oriented development zone around a transit-oriented development stop that is primarily comprised of a low-resource area which includes sites with densities that cumulatively allow for at least 40 percent of the aggregate density for the transit-oriented development zone specified under subdivision (a) of Section 65912.157.
(iii) A site in an area designated as low resource on the most recently adopted version of the opportunity area maps published by the California Tax Credit Allocation Committee and the department, and within a jurisdiction that cumulatively allows for at least 50 percent of the total capacity for units and floor area as specified under Section 65912.157 across all transit-oriented development zones. (C) A site that is covered by a local transit-oriented development alternative plan adopted by a local government.
(D) Sites within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code.
(E) Sites that are vulnerable to one foot of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government’s coastal hazards vulnerability assessment. (F) Sites with a historic resource designated as of January 1, 2025, on a local register. (2) A local government that has adopted an ordinance pursuant to this subdivision shall indicate on its public zoning map which sites or transit-oriented development zones are and are not covered by Section 65912.157. (c) (1) For the seventh and subsequent revisions of the housing element, a local government may include a local transit-oriented development alternative plan in any of the following ways:
(A) (i) Include a local transit-oriented alternative plan in its housing element. When a local government includes a transit-oriented development alternative plan in its housing element the plan shall include an analysis of how the plan maintains at least an equal feasible developable housing capacity as the baseline established by this chapter.
(ii) If a local government adopts a housing element that the department has determined to be compliant with this section, then any action to enforce or implement a compliant housing element shall be subject to applicable provisions of housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(iii) The initial submission of a transit-oriented development alternative plan shall be included in the local government’s first draft submittal referenced in subparagraph (C) of paragraph (1) of subdivision (b) of Section 65585.
(iv) Sites identified in a local transit-oriented development alternative plan may be included in the inventory of land suitable for residential development, pursuant to the additional requirements of Section 65583.
(B) If a local government does not include the local transit-oriented alternative plan in its housing element, the local government may adopt an alternative plan that has been deemed compliant by the department pursuant to Section 65912.160.
(d) Section 65912.157 shall not apply within a jurisdiction that has a local transit-oriented alternative plan that has been approved by the department as satisfying the requirements of this section in effect. The department’s approval pursuant to this section shall be valid through the jurisdiction’s next amendment to the housing element of its general plan.
6/30/26, 4:41 PM Bill Text - SB-79 Housing development: transit-oriented development. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB79 12/13195 (e) A local transit-oriented development alternative plan may consist of an existing local transit-oriented zoning ordinance, overlay zone, specific plan, zoning incentive ordinance or existing program, provided that it meets the requirements of this section.
65912.162. The Legislature finds and declares that the state faces a housing crisis of availability and affordability, in large part due to a severe shortage of housing, and solving the housing crisis therefore requires a multifaceted, statewide approach, including, but not limited to, encouraging an increase in the overall supply of housing, encouraging the development of housing that is affordable to households at all income levels, removing barriers to housing production, expanding homeownership opportunities, and expanding the availability of rental housing, and is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities.

SEC. 2. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
6/30/26, 4:41 PM Bill Text - SB-79 Housing development: transit-oriented development. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB79 13/13196

ATTACHMENT F

PLANNING COMMISSION MEETING MINUTES
FROM JUNE 15, 2026
197

MINUTES
Regular Meeting of the Planning Commission
MONDAY, JUNE 15, 2026
City Council Chambers
1 Civic Center Drive, San Marcos, CA 92069

CALL TO ORDER
At 6:30 p.m. Planning Commission Chair Saulsberry called the meeting to order.

EDGE OF ALLEGIANCE
Commissioner Smith led the Pledge of Allegiance to the Flag.

OLL CALL
The Secretary called the roll:

P
RESENT: COMMISSIONERS: MARCINKO, CAVANAUGH, KILDOO, SAULSBERRY, CARROLL, GUERRERO, SMITH
AB
SENT COMMISSIONERS: BARNETT, NORRIS
A
lso present were: Planning Division Director Joe Farace, Sustainability Program Manager Sean del Solar, Senior Management Analyst Song LeBaron, Administrative Assistant Sonia Rathee Gulia, Deputy City Attorney Punam Prahalad
O

RAL AND WRITTEN COMMUNICATIONS
No oral communications.

A
n email from Neighborhood Healthcare was received, distributed to the Commissioners, included in the agenda binder, and will be posted on the City's website the next day.

ONSENT CALENDAR

1. AP
PROVAL OF MINUTES, 5/18/2026
A
ction:

COMMISSIONER KILDOO MOVED TO APPROVE CONSENT CALENDAR ITEM #1 AS PRESENTED; SECONDED BY COMMISSIONER MARCINKO. MOTION CARRIED BY THE FOLLOWING VOTE. 198
Regular Planning Commission
Monday, June 15, 2026 | Page 2 of 4
2 AYES: COMMISSIONERS: MARCINKO, CAVANAUGH, KILDOO, SAULSBERRY, CARROLL,

GUERRERO, SMITH
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE

2. P
roject No: TEXT AMENDMENT TA 26-0001
Request: A pproval of an ordinance implementing SB 79.

Recommendation: Staff recommends to the City Council ADOPTION and APPROVAL of the following, in the order set forth below:

1. A
DOPT Notice of Exemption (EX26-041); and

2. APPR
OVE Resolution PC 26-5216 (Text Amendment TA 26-0001)
Sustainability Program Manager Sean del Solar: gave the staff presentation O

PEN PUBLIC COMMENTS
N
on- Resident of San Marcos: Maxwell Geryen with BuildSD.org suppor ts the project but recommends some amendments to the parking requirements.

P
lanning Commissioner Discussions: The Commissioners discussed several aspects of the proposed project and sought clarification on a variety of topics, including the definition of a transit stop; pedestrian access and walkway requirements; the distinction between dwelling units and resident ial units; how the proposed Transit-Oriented Development (TOD) standards compare to existing higher-density development standards; and whether current transit ridership data, including Sprinter usage, was considered in the analysis. Additional questions addressed wildfire risks, emergency access and evacuation considerations, parking requirements associated with the proposed density of 140 dwelling units per acre, the potential number of additional housing units that could be accommodated citywide, the industrial site exemption and its implications for future rezoning, and applicable fire mitigation requirements.

S
ustainability Program Manager Response: Sean del Solar explained that state law establishes specific criteria for qualifying transit stops, including service frequency and transit type. The proposed ordinance focuses on Tier 2 transit stop designations associated with Sprinter commuter rail stations, with sta tion locations determined by SANDAG. He noted that the transit eligibility criteria are based on service frequency and do not consider ridership capacity or utilization levels.

He further clarified that the maximum walking distance associated with the transit-oriented development standards is approximately one mile. Questions regarding broader implementation of the ordinance and its relationship to existing development standards will be evaluated comprehensively as part of the General Plan update process.

Regarding parking, Sean explained that state law prohibits local agencies from imposing minimum parking requirements within one-half mile of qualifying transit districts. While the City may not require minimum 199
3 Regular Planning Commission
Monday, June 15, 2026 | Page 3 of 4
vehicle parking in these areas, the ordinance includes standards for bicycle facilities and bicycle parking.

He indicated that market demand is expected to continue to drive the provision of parking by developers.

He also noted that projects proposed in high fire hazard areas would remain subject to applicable fire safety regulations, wildfire risk assessments, and fire mitigation requirements.

Deputy City Attorney: Punam Prahalad clarified 30 dwellings units per acr e is the density permitted by SB-79.

Planning Director Response: Planning Director Joe Farace explained that the proposed standards differ from existing regulations in that they are more specifically defined and allow for a higher density range.

Based on a preliminary analysis of eligible properties, locations, and maximum allowable densities — without accounting for site -specific constraints—t he ordinance could potentially accommodate approximately 90,000 additional dwelling units citywide. The Director further clarified that any proposal requiring a General Plan Amendmen t or rezoning would remain subject to the City's discretionary review process, and the City retains the authority to approve or deny such requests.

CLOSED PUBLIC COMMENTS
Action:

COMMISSIONER GUERRERO MOTIONED TO ADOPT NOTICE OF EXEMPTION EX26-041 AND APPROVE PC 26-5216 FOR TEXT AMENDMENT TA 26 -0001 AN D SECONDED BY C OMMISSIONER KILDOO . M OTION CARRIED BY THE FOLLOWING VOTE.

AY
ES: COMMISSIONERS: MARCINKO, CAVANAUGH, KILDOO, SAULSBERRY, CARROLL,

GUERRERO, SMITH
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
P
LANNING DIVISION DIRECTOR COMMENTS: Planning Director Joe Farace reported that appeals have been filed for the North City Sign Program and North City West Phase 2 projects, both of which are scheduled for City Council consideration on June 23, 2026. He also informed the Commission that there will be no second Planning Commission meeting in June and that two Planning Commission meetings are scheduled for July.

PLANNING COMMISSIONERS COMMENTS: Commissioners expressed appreciation for the detailed presentation and the clear graphics included in the staff report.

ADJOURNMENT
At
7:18 p.m. Chair Saulsberry adjourned the meeting.
200
Regular Planning Commission
Monday, June 15, 2026 | Page 4 of 4
4 __
_____________________________________________________

LIONEL SAULSBERRY , CHAIRPERSON

CITY OF SAN MARCOS PLANNING COMMISSION
A
TTEST:
__
_____________________________________________________
SONG LEBARON, SR. MANAGEMENT ANALYST

CITY OF SAN MARCOS PLANNING COMMISSION
201
City of San Marcos
Staff Report
1 Civic Center Drive
San Marcos, CA 92069
File #:26-2922
MEETING DATE:

July 2026
SUBJECT:

SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation
Note and File
Attachment(s)
City of San Marcos Printed on 7/10/2026Page 1 of 1
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202
City of San Marcos
Staff Report
1 Civic Center Drive
San Marcos, CA 92069
File #:26-2923
MEETING DATE:

July 2026
SUBJECT:

LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER MUSGROVE) Recommendation
Note and File
Attachment(s)
City of San Marcos Printed on 7/10/2026Page 1 of 1
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203
City of San Marcos
Staff Report
1 Civic Center Drive
San Marcos, CA 92069
File #:26-2924
MEETING DATE:

July 2026
SUBJECT:

NORTH COUNTY TRANSIT DISTRICT REPORT (DEPUTY MAYOR SANNELLA) Recommendation
Note and File.

Attachment(s)
City of San Marcos Printed on 7/10/2026Page 1 of 1
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204
City of San Marcos
Staff Report
1 Civic Center Drive
San Marcos, CA 92069
File #:26-2925
MEETING DATE:

July 2026
SUBJECT:

NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER LEBLANG) Recommendation
Note and File
Attachment
City of San Marcos Printed on 7/10/2026Page 1 of 1
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205
City of San Marcos
Staff Report
1 Civic Center Drive
San Marcos, CA 92069
File #:26-2926
MEETING DATE:

July 2026
SUBJECT:

CLEAN ENERGY ALLIANCE REPORT (COUNCILMEMBER NUÑEZ)
Recommendation
Note and File
Attachment(s)
City of San Marcos Printed on 7/10/2026Page 1 of 1
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206
City of San Marcos
Staff Report
1 Civic Center Drive
San Marcos, CA 92069
File #:26-2927
MEETING DATE:

July 2026
SUBJECT:

CITY COUNCIL BUSINESS VISITS
Recommendation
Note and File
Attachment(s)
City of San Marcos Printed on 7/10/2026Page 1 of 1
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207

San Marcos City CouncilJuly 14, 2026

San Marcos City Council
July 14, 2026