MEETING DATE:
NOVEMBER 10, 2025
SUBJECT:
Title
ORDINANCE NO. 2025-1568 - AMENDING TITLE 20 OF THE SAN MARCOS MUNICIPAL CODE TO COMPREHENSIVELY UPDATE THE ZONING ORDINANCE/TITLE 20 OF THE SAN MARCOS MUNICIPAL CODE AND FINDING THAT SAID AMENDMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Body
Recommendation
Recommendation
INTRODUCE (First Reading) of an Ordinance amending Title 20 of the San Marcos Municipal Code to comprehensively update the Zoning Ordinance/Title 20 of the San Marcos Municipal Code and finding that said repeal and replacement is categorically exempt from CEQA review, in the following order:
1. Notice of Exemption (EX 25-030); and
2. Ordinance No. 2025-1568 (Text Amendment TA23-0001) amending Title 20 of the San Marcos Municipal Code to comprehensively update the Zoning Ordinance/Title 20 of the San Marcos Municipal Code.
Body
Board or Commission Action
On October 6, 2025, the Planning Commission voted 7-0, recommending approval of the proposed project to the City Council. The Final Planning Commission Minutes are provided as Attachment A.
Relevant Council Strategic Theme
Planning for the Future
Good Governance
Executive Summary
In February of 2012, the City Council adopted a comprehensive update of the City’s General Plan which included the update of the Land Use and Community Design Elements. On November 13, 2012, City Council approved the rezoning of various properties citywide and the amendment of the Zoning Map to be consistent with the adopted General Plan. The City’s Zoning Ordinance, Title 20, was subsequently repealed in its entirety and a new Title 20 was adopted to be consistent with the City’s General Plan.
Over time, various inconsistencies, conflicting information, and discrepancies with state law have been identified within the Zoning Ordinance, highlighting the need for updates. The proposed amendments to the City’s Zoning Ordinance will be the first phase of a comprehensive update of Title 20 of the San Marcos Municipal Code.
Discussion
The Zoning Ordinance is a citywide regulating document that is consistent with the General Plan implementing zones to regulate built form and use of all property in the city in order to protect the health, safety and general welfare of the residents of the city. All development projects that occur in the city are evaluated for conformance with the General Plan and the development standards stipulated in the Zoning Ordinance.
Over time, as City staff have implemented the Zoning Ordinance, they have identified various inconsistencies, conflicting information, and discrepancies with state law, highlighting the need for updates. Irrespective of any inconsistencies, interpretations of the City’s zoning provisions are made consistent with state law to the degree of any conflict. Since last year, staff members have been working on a comprehensive revision of Title 20, collaborating with applicable City departments to identify necessary changes. Given the scope of Title 20, updates will be presented to City Council for approval in phases. The Planning Division is introducing the first phase of the Zoning Ordinance updates as recommended by the Planning Commission. Future phases will also focus on correcting inconsistencies, improving clarity, and adding reference information where needed. The scope and timing of these next phases will be determined as staff continue their review and their preparation of materials for future City Council consideration.
The Planning Commission has recommended approval of the first phase of the Zoning Ordinance updates as summarized in the updates below:
Chapter 20.200 - Establishment of Zones: The proposed amendments in this Chapter include corrections and revisions to be consistent with the General Plan and other chapters in Title 20.
Chapter 20.205 - Land Use and Development Approval: Proposed updates to this Chapter include adding a Temporary Event Permit as a type of permit to allow for Temporary Events and Uses.
Chapter 20.210 - Agricultural Zones: The proposed amendments to this Chapter generally include clarifications and corrections, and added references to other Code sections. The following specific changes are also proposed:
• Table 20.210-2 includes corrections to footnote numbers, the addition of references to other applicable Code sections, updates to provisions concerning child care facilities in compliance with the State law, and the addition of the “Public Utilities” use similar to other zoning designations in the City.
• Section 20.210.040 is updated to provide outdoor lighting standards for non-residential uses.
• Section 20.210.050 is updated to include cross references to other sections in the Code, and clarify how standards are defined.
Chapter 20.215 - Residential Zones: The proposed updates include minor corrections, added clarification to terms, added language to be consistent with the General Plan, clarification of the definition of the R-2 Zone, and cross references to other Chapters and Sections. Additionally, the following proposed amendments are included:
• Table 20.215-2 is updated to include references to other Chapters and Sections, and is also updated related to child care facilities and Accessory Dwelling Units in compliance with State law.
• Table 20.215-3 and Table 20.215-4 are updated to refer to the parking regulations Chapter, to add a reference to landscape standards, and to add clarification to development standards for ease of use.
• Titles of Figures are corrected, Figures are updated for clarity and consistency, and one new Figure is added.
• Multi-family amenities requirements and design standards are updated to clarify the intent of the regulations and for ease of use.
Chapter 20.220 - Commercial Zones: Proposed updates to this Chapter include organizational corrections to Table 20.220-2, updates to “Merchandise Sales, Used/Pawn” permit requirements in compliance with State law, addition of references to other Chapters of Title 20, and clarification of Floor Area requirements. Section 20.220.060 is updated to clarify allowances of business activities permitted outside of enclosed buildings.
Chapter 20.225 - Mixed Use Zones: Proposed updates to this chapter include minor corrections, updated references to other Chapters of Title 20 within Table 20.225-5 (MU-1 and MU-2 Zone Permitted Uses) Additional Use Regulations, with reorganization and update to uses in Table 20.225-5 to be consistent with other Commercial zones in the City. Table 20.225-5 has also been updated to allow additional permitted land uses that align more closely with those in commercial zones provides developers with greater flexibility to attract and retain businesses.
Chapter 20.230 - Industrial Zones: Proposed updates to this Chapter include the addition of references to other Chapters of Title 20, updates to “Merchandise Sales, Used/Pawn” permit requirements for compliance with State law, and an increase in ancillary retail sales from 10% to 20%. The increase in ancillary sales is based on staff’s experience working with Industrial property users in the City, and further supported by alignment with neighboring jurisdiction’s Ordinances for allowances of retail floor area.
Chapter 20.240 - Public, Institutional and Open Space Zones: Proposed updates to this Chapter include correcting references to the Open Space zone, removing the incorrect requirement of a Conditional Use Permit for water tanks, and general minor corrections to the Chapter.
Chapter 20.260 - Ridgeline Protection & Management Overlay Zone: Proposed updates to this Chapter ensure the text reflects language in the voter approved ballot measure relating to this Chapter of Title 20. From and after voter approval of this measure in 2006, zoning code updates introduced minor edits and reorganization to this Chapter, resulting in inconsistencies with the original ballot measure. This update restores the language and structure to reflect the original voter approved ballot measure.
Chapter 20.310 - Inclusionary Housing: Updates to this chapter include clarification on how the In-Lieu Fee is applied. The inclusionary housing in-lieu fee must be calculated based on the total number of housing units in a proposed housing development. The current ordinance contains ambiguous language regarding the calculation. The current In-Lieu Fee approved by the City Council in November 2024 was based on the Inclusionary Housing In-Lieu Fee Study prepared by Keyser Marston Associates, which assumed the fee would be applied to the total number of housing units in the development prior to including any increase in the allowable housing units authorized by any density bonus. The Chapter is also updated to clarify that the Inclusionary Housing in-lieu fee is set by City Council resolution.
Chapter 20.315 - Residential Growth Management: Proposed updates to this Chapter ensure the text reflects language in the voter approved ballot measure that added this Chapter to Title 20. From and after the date that this measure was approved by the voters in 1988, zoning code updates have included minor edits and reorganization to this Chapter resulting in inconsistencies with the original ballot measure. This update restores the language and organization to align with the original voter approved ballot measure.
Chapter 20.400 - Specific Use Standards: This Chapter is proposed to be updated to include objective standards for approving conditional use permits for places of assembly, consistent with recent case law to the effect that approval or denial of conditional use permits for activities involving First Amendment speech must be based on objective standards. The objective standards include hours of operation, capacity of assembly based on size of property and capacity of streets in the area, parking requirements to minimize impacts to surrounding properties, and design measures to reduce appearance of structures’ bulk and scale.
Chapter 20.515 - Site Development Plan Review: This Chapter is proposed to be updated to extend the lapse period of an approved Site Development Plan from one to two years. Based on staff’s experience working with the developers and property owners, a one year timeframe is often too short to obtain the permits for construction projects after the approval of entitlements. This amendment will reduce the need to process unnecessary permit extensions for Site Development Plans.
Chapter 20.520 - Conditional Use Permits: This Chapter is proposed to be updated to state that conditional use permits must be approved or denied based upon objective evidence. This update is necessary to align this section with recent case law that establishes approval or denial of conditional use permits is to be based upon objective evidence.
The proposed amendments to the City’s Zoning Ordinance are the first phase of a comprehensive update of Title 20 of the San Marcos Municipal Code to address various inconsistencies, conflicting information, and discrepancies with state law identified over time.
Public Comment
The City conducted a noticed public workshop held on April 30, 2025, to present proposed changes to San Marcos Municipal Code Chapters 20.200; 20.205; 20.210; 20.215; 20.220; 20.225; 20.230; 20.240; 20.260; 20.315; 20.400; 20.515; and 20.520. These proposed changes to the Zoning Ordinance were made available on April 16, 2025, on the City’s website under the City’s Public Input & Review section. Two members of the public attended the workshop for an understanding of the changes to the industrial zone as they managed properties within the city, and to determine if amendments to the Residential Manufactured Home Park code Chapter 20.245 were to be included in the forthcoming text amendment.
The City conducted a subsequent noticed workshop held on September 4, 2025, regarding inclusion of changes to San Marcos Municipal Code Chapter 20.310. These proposed changes to the Zoning Ordinance were available on August 21, 2025, on the City’s website under the City’s Public Input & Review section. Eighty-four members of the public attended the workshop. Participants inquired how the inclusionary housing ordinance would affect residents of Mobilehome Parks. Workshop participants were informed that modifications to Title 20, Chapter 20.245 - Residential Manufactured Home Park Zone, will move forward separately from this Text Amendment for determining body review at a yet to be determined date.
No further comments were received at the Planning Commission meeting.
Environmental Review
The proposed updates to Title 20 have been reviewed by the Development Services Department for compliance with the California Environmental Quality Act (CEQA). Staff recommends a finding of no physical effect and/or an exemption under CEQA as the proposed Text Amendment is not a project within the meaning of Section 15378 of the CEQA Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly. Additionally, even if the proposed Text Amendment was considered a project subject to CEQA, it would be exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility it would have a significant effect on the environment. Accordingly, Staff recommends adoption of Notice of Exemption (EX25-030).
Fiscal Impact
Implementation of phase one of the comprehensive update of Title 20 of the San Marcos Municipal Code will involve staff’s time in providing direction to the public and in reviewing and analyzing project plans submitted to the Planning Division and permit plans submitted to the and Building Division for review, which is the case with respect to the current Zoning Ordinance. Staff will incorporate this additional review and analysis in its current practice of reviewing proposals, planning projects, and building permits for compliance with the City’s various ordinances and requirements. Additional staffing for analysis of projects and permits for compliance with the Zoning Ordinance is not anticipated. There will not be a direct fiscal impact to the City by reason of the approval and implementation of phase one of the comprehensive update of Title 20 of the San Marcos Municipal Code.
Attachment(s)
Ordinance 2025-1568 (Text Amendment TA23-0001) for Adoption of Notice of Exemption and Approval of amending Title 20 of the San Marcos Municipal Code.
A. Final Planning Commission Meeting Minutes
Prepared by: Sarah Cluff, Senior Planner
Submitted by: Joseph Farace, Planning Division Director
Reviewed by: Isaac Etchamendy, Development Services Director
Approved by: Michelle Bender, City Manager