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San Marcos · Building on your lot

Building on your lot in San Marcos

San Marcos sets its own limits on accessory structures and home businesses, and has a separate chapter on walls and fences. Accessory structure limits do not apply to accessory dwelling units.

Key points

  • Accessory height: Accessory structures are limited to 1 story and 15 feet, and may be no higher than the main home (city rule).
  • Home businesses: A home business may use at most 200 square feet unless the Director approves more; only residents may work there.
  • Fences: The city has a separate chapter on walls and fences.

Each rule below is marked San Marcos code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Sheds, garages and other accessory structures

San Marcos code Accessory structures are limited to 1 story and 15 feet, and may be no higher than the main home (city rule).

All 5 San Marcos rules on sheds, garages and other accessory structures, with the code text →

Running a business from home

San Marcos code A home business may use at most 200 square feet unless the Director approves more; only residents may work there.

All 4 San Marcos rules on running a business from home, with the code text →

Lot splits under SB 9

San Marcos code 2 parcels of about equal area; neither may be smaller than 40% of the original lot. Each new parcel must be at least 1,200 square feet.

All 8 San Marcos rules on lot splits under SB 9, with the code text →

Solar panels and EV chargers

San Marcos code Apply in person, by mail or online; the building official approves administratively and issues permits when the checklist is met. Panels may not be taller than the maximum legal building height.

All 5 San Marcos rules on solar panels and EV chargers, with the code text →

Swimming pools

San Marcos code No horizontal openings larger than 5 inches. The barrier must prevent ladder-like climbing access.

All 4 San Marcos rules on swimming pools, with the code text →

Building in a flood zone

San Marcos code What San Marcos's code adds
Floodplain permit
  • You need a permit before any construction or development, including manufactured homes, in a special flood hazard area.
    Applies: Special flood hazard areas.
    § 20.255.100 · code text
    A permit shall be obtained before any construction or other development occurs, including manufactured homes, within any special flood hazard areas established in Section 20.255.030 (Basis for Establishing the Areas of Special Flood Hazard).
Building in a floodway
  • No new development or fill is allowed unless all development together raises the base flood no more than 1 foot.
    Applies: Before a regulatory floodway is adopted, in Zones A1-30 and AE.
    § 20.255.160 · code text
    Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the City.
  • Fill, new buildings and other development are not allowed unless a civil engineer certifies no rise in flood levels.
    Applies: Within an adopted regulatory floodway.
    § 20.255.160 · code text
    Within an adopted regulatory floodway, the City shall prohibit all encroachments, including fill, new construction, substantial improvements, and other development, in all areas of the floodway, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
Height of the lowest floor
  • The lowest floor must be 2 feet above the base flood elevation.
    Applies: New or substantially improved homes in Zones AE, AH and A1-30.
    § 20.255.110 · code text
    In Zones AE, AH, and A1-30, elevated two (2) feet above the base flood elevation.
  • The lowest floor must be 2 feet higher than the FIRM depth number, above the highest nearby ground.
    Applies: New or substantially improved homes in Zone AO with a depth number on the FIRM.
    § 20.255.110 · code text
    In Zone AO, elevated above the highest adjacent grade to a height two (2) feet above the depth number specified in feet on the FIRM, or elevated at least four (4) feet above the highest adjacent grade if no depth number is specified.
  • The lowest floor must be at least 4 feet above the highest nearby ground.
    Applies: New or substantially improved homes in Zone AO with no depth number on the FIRM.
    § 20.255.110 · code text
    In Zone AO, elevated above the highest adjacent grade to a height two (2) feet above the depth number specified in feet on the FIRM, or elevated at least four (4) feet above the highest adjacent grade if no depth number is specified.
  • The lowest floor must be 2 feet above the base flood elevation.
    Applies: New or substantially improved homes in an unnumbered Zone A, where the FIRM shows no base flood elevation.
    § 20.255.110 · code text
    In Zone A, without base flood elevations specified on the FIRM (unnumbered Zone A), elevated two (2) feet above the base flood elevation, as determined under Section 20.255.090.C (Review, Use, and Development of other Base Flood Data).

Grading and erosion control

San Marcos code What San Marcos's code adds
Grading without a permit
  • Grading of 200 cubic yards or less per lot needs no permit if cuts and fills stay within 4 feet.
    Applies: New slopes no steeper than 2:1; no fill on slopes over 5:1; no drainage change; under 5,000 square feet new paving; floodplain grading needs permits.
    § 17.32.045 · code text
    Does not create a Slope greater than 2:1 horizontal to vertical.

Building on a hillside

San Marcos code A preliminary soils report from a certified engineer is required. Grading may cover no more than 25% of the lot area.

All 11 San Marcos rules on building on a hillside, with the code text →

Family child care homes

CA state law California law
Zoning
A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning
Business license or fee
A city or county may not charge a business license, fee or tax to run a family child care home
Local rules
Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone
Small home
Up to eight children, counting the provider's own children under 10 who live there
Large home
7 to 14 children, counting the provider's own children under 10 who live there

Affordable units in new housing (inclusionary)

San Marcos code Affordable for a minimum of 55 years. Affordable for a minimum of 55 years.

All 15 San Marcos rules on affordable units in new housing (inclusionary), with the code text →

Parking spaces required for homes

San Marcos code 1 space must be covered 1 space must be covered

All 18 San Marcos rules on parking spaces required for homes, with the code text →

Signs on homes

San Marcos code What San Marcos's code adds
Signs that need no permit
  • No permit for warning and notice signs ("no trespassing") if total area is 4 square feet or less per parcel
    § 20.320.080 · code text
    signs giving notice of owner policies such as "no trespassing" or "no parking," the cumulative display area on a given parcel may not exceed four (4) square feet, unless otherwise required by law.

Trash and recycling carts

San Marcos code Required; exemption needs proof of County facility use: at least 52 receipts a year, 7 days or less apart Not left out after 6:00 p.m. on the day of collection

All 5 San Marcos rules on trash and recycling carts, with the code text →

Other San Marcos rules on this

San Marcos's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

How tall can a fence be in San Marcos?

The city has a separate chapter on walls and fences. San Marcos also has a related rule: Walls and fences (Ch. 20.335).

What are the rules for building in a San Marcos flood zone?

San Marcos's code: You need a permit before any construction or development, including manufactured homes, in a special flood hazard area. (Special flood hazard areas.) (§ 20.255.100); The lowest floor must be 2 feet above the base flood elevation. (New or substantially improved homes in Zones AE, AH and A1-30.) (§ 20.255.110).

What are the grading rules in San Marcos?

San Marcos's code: Grading of 200 cubic yards or less per lot needs no permit if cuts and fills stay within 4 feet. (New slopes no steeper than 2:1; no fill on slopes over 5:1; no drainage change; under 5,000 square feet new paving; floodplain grading needs permits.) (§ 17.32.045).

Can I run a family child care home in San Marcos?

California law sets this for every city, including San Marcos: Zoning: A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning (Health & Safety Code § 1597.45(a)); Business license or fee: A city or county may not charge a business license, fee or tax to run a family child care home (Health & Safety Code § 1597.45(b)); Local rules: Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone (Health & Safety Code § 1597.45(e)); Small home: Up to eight children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(c)); Large home: 7 to 14 children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(b)).

What signs may I put up at my home in San Marcos?

San Marcos's code: No permit for warning and notice signs ("no trespassing") if total area is 4 square feet or less per parcel (§ 20.320.080).

General information, not legal advice.

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