ORDINANCE NO. 2026-xxxx
AN ORDINANCE OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING CHAPTER 5.44 OF THE SAN MARCOS MUNICIPAL CODE RELATING TO MASSAGE BUSINESSES AND MASSAGE TECHNICIANS WHEREAS, Chapter 5.44 of the San Marcos Municipal Code (SMMC) regulates massage businesses and massage technicians in the City of San Marcos, and was last updated in 2019; and WHEREAS, the County of San Diego (“County”), through the Department of Environmental Health and Quality, has previously required and issued health permits for massage technicians throughout the County, including the City of San Marcos, as reflected in the SMMC; and WHEREAS, the County has advised that it will no longer regulate and/or issue permits for massage businesses and massage technicians for those cities which have or had such provisions in their respective municipal codes, including Chula Vista, Carlsbad, San Marcos, and San Diego; and WHEREAS, the City of San Marcos will continue to manage and enforce existing licensing, zoning, and health and safety requirements for the continued protection and preservation of the health, safety, and welfare of the community; and WHEREAS, the City wishes to modify Chapter 5.44 to remove the requirement for a County health permit and/or other County inspection, and to reflect that the City of San Marcos will conduct the licensing, enforcement, and monitoring of massage businesses and massage technicians; and WHEREAS, the proposed amendment to the SMMC is exempt from the California Environmental Quality Act (CEQA) because this is not a project within the meaning of Section 15378 of the CEQA Guidelines, as there is no potential for it to result in a physical change in the environment, either directly or indirectly, and in the event this Ordinance is found to be subject to CEQA, it is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility of a significant effect on the environment.
NOW, THEREFORE, the City Council of the City of San Marcos, in accordance with the freedom accorded to charter cities generally, and by the Charter of the City of San Marcos, specifically, does ordain as follows:
The foregoing recitals are true and correct and are incorporated by reference as though set forth in full at this point.
San Marcos Municipal Code Chapter 5.44 is hereby amended to read as shown in the red lined and clean versions attached hereto as Exhibit "A" and Exhibit "B," respectively, and incorporated herein by this reference.
If any section, sentence, clause, or phrase of this 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 Ordinance. The City Council declares that it would have passed and adopted the 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.
This Ordinance shall be effective thirty (30) days following its adoption. Within fifteen (15) days following its adoption, the City Clerk shall publish this Ordinance of the title thereof, as a summary as required by state law.
The City Clerk shall certify to the passage of this Ordinance and cause the same to be published 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.
INTRODUCED at a regular meeting of the City Council of the City of San Marcos held on the 22nd day of September 2026; and PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Marcos held on the ___ day of September 2026, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST: APPROVED AS TO FORM:
Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney City of San Marcos City of San Marcos
Ordinance No. 2026-xxxx
September 22, 2026