San Marcos, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Max combined density increase
- 50 percent
- Minimum housing size covered
- 5 or more residential units
- Rental affordability term
- At least 55 years
- Reduced parking (density bonus)
- 1 space per studio/1-bd unit
- Governing chapter
- Zoning Ordinance Ch. 20.305, per Gov. Code § 65915
- No rezone needed
- Bonus alone doesn't require General Plan amendment
Summary
San Marcos grants a density bonus to housing developments that include affordable, senior, or supportive units under Zoning Ordinance Chapter 20.305, mirroring state law in Government Code Section 65915. The combined mandated density increase tops out at fifty percent, rental affordability must run at least fifty-five years, and the City cannot require a General Plan amendment or rezone just to grant the bonus.
This chapter applies when an applicant seeks a density bonus for a housing development within the City or for the donation of land for housing within the City. The City shall provide the applicant with incentives or concessions for the production of housing units and child care facilities as prescribed in Government Code Section 65915. The granting of the density bonus shall not be interpreted to require a General Plan amendment, Zone change, or other discretionary approval. ... In determining the minimum number of density bonus units to be granted pursuant to this section, the maximum residential density for the site shall be increased as defined in Government Code Sections 65915(f) and (g). When calculating the number of permitted density bonus units, any fraction of units shall be rounded to the next larger integer. ... The maximum combined mandated density increase shall be fifty (50) percent.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 14 Update 1).
Full Breakdown
030. 4 caps the maximum combined mandated density increase at fifty percent regardless of how many affordability categories a project stacks. Granting the bonus does not, by itself, require a General Plan amendment, zone change, or other discretionary approval. 040 sets the affordability tenure: rental target units for low or very-low income households must stay affordable for at least fifty-five years, longer if the project received a subsidy requiring a longer term, and for-sale units carry an equity-sharing agreement enforced at resale. 060, including waivers of development standards that would otherwise physically preclude the project, or reduced parking ratios as low as one space for a studio or one-bedroom unit, one and a half spaces for two or three bedrooms, and two and a half spaces for four or more bedrooms, or an exemption entirely for projects within a half mile of a major transit stop. F.
Violations & Fines
Occupying a density-bonus target unit without City-determined income eligibility, or a developer failing to record the required density bonus housing agreement and deed restriction under Section 20.305.050.C, breaches the chapter's conditions of approval and can trigger enforcement against the underlying entitlement, since the agreement is a mandatory condition of every density bonus project and the restrictions must be recorded against the specific lots or units holding the target units.
Frequently Asked Questions
How large a density bonus can a San Marcos project get?
What size project qualifies for a density bonus?
Can a density bonus project get reduced parking too?
How long must density bonus units stay affordable?
Sources & Official References
Other rules in San Marcos
California rules heatmap·Compare San Marcos to another location·View the California zoning overlays & bonuses overview
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Density Bonus Law in Nearby Cities
How other cities in San Diego County handle density bonus law.