San Marcos Approves Local Rules for California’s New Transit Housing Law

The San Marcos City Council approved a local implementation ordinance for California Senate Bill 79 on Tuesday, August 4, 2026, establishing how the city will handle new state-mandated housing rules around qualifying transit stations.

The distinction is important: San Marcos did not approve SB 79 itself. The legislation is already California law, and San Marcos previously opposed it. The city’s August 4 action establishes local rules for implementing the law while using exemptions and other provisions available to cities.

What Is SB 79?

Signed into law by Gov. Gavin Newsom in October 2025, SB 79 was authored by state Sen. Scott Wiener as an effort to encourage more housing development near major public transportation.

The law allows qualifying residential projects to be built at greater densities and heights near certain transit stops, even when existing local zoning would normally allow less development.

Qualifying projects generally must contain at least five residential units and meet other requirements established under the law.

Which Parts of San Marcos Could Be Affected?

Regional mapping identifies three San Marcos SPRINTER stations as qualifying Tier 2 transit stops: Palomar College, San Marcos Civic Center and Cal State San Marcos.

The Nordahl Road SPRINTER station is outside San Marcos city limits, but its half-mile transit area extends into portions of the city.

Depending on how close a qualifying property is to a station, SB 79 could permit residential densities ranging from approximately 80 to 140 dwelling units per acre, along with increased allowable building heights.

That does not mean development at those densities will automatically occur. SB 79 changes what may legally be built on qualifying properties if property owners or developers decide to pursue a project.

San Marcos Addresses Fire-Risk Areas

One of the most significant parts of the city’s ordinance involves properties located within Very High Fire Hazard Severity Zones.

Approximately half of the areas affected around the Cal State San Marcos and Palomar College stations fall within these designated high-fire-risk areas.

Smaller portions near the Civic Center and Nordahl Road station areas are also affected.

Under provisions of SB 79, San Marcos can temporarily exclude certain properties while evaluating issues such as evacuation routes, infrastructure, public safety and future land-use planning.

The city will have additional time, potentially through its next housing-element planning cycle, to determine how those areas should ultimately be addressed.

Pedestrian Access Could Also Matter

Some properties that appear to be within the required distance of a transit station may also qualify for an exemption if there is no safe, publicly accessible pedestrian route connecting the property to the station.

Highway 78, railroad infrastructure, topography and certain roadway configurations can create barriers that make the actual walking route considerably longer than the straight-line distance shown on a map.

What Happens Next?

The ordinance approved August 4 took effect immediately and is subject to review by the California Department of Housing and Community Development.

At the time of the city’s action, San Marcos officials said they had not received an SB 79 development application.

For residents, the key takeaway is that SB 79 is already state law. San Marcos’ August 4 vote did not create the higher-density requirements. Instead, the city adopted its own implementation ordinance to comply with the law while preserving exemptions and local planning authority where state law permits.

Questions You May Have About SB 79

Does this mean 90,000 new homes are coming to San Marcos?

No. City planning officials have estimated that SB 79 could theoretically create zoning capacity for as many as 90,000 additional housing units. That number represents potential zoning capacity under the law—not an approved construction plan or prediction that 90,000 homes will actually be built.

Which areas of San Marcos are most affected?

Generally, qualifying properties within approximately a half-mile of the Palomar College, San Marcos Civic Center and Cal State San Marcos SPRINTER stations, as well as portions of San Marcos near the Nordahl Road station.

Did San Marcos support SB 79?

No. San Marcos previously took an official position opposing the legislation before it became state law.

Can San Marcos simply refuse to implement SB 79?

No. Because SB 79 is state law, qualifying cities must comply. San Marcos can, however, use exemptions and other provisions included in the legislation to address issues such as fire hazards and pedestrian access.