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SB 9 lot splits in San Marcos

Can you split your lot in San Marcos?

Yes, San Marcos allows SB 9 splits under its code sections 20.470 and 19.44, and the city maps every parcel as permitted, constrained or prohibited for SB 9. Its written rules are among the strictest in North County.

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San Marcos

Can you split your property in San Marcos?

San Marcos publishes specific SB 9 development and subdivision requirements, including parcel access and development limits. Homeowners should compare the city's published rules with current California housing law before relying on a proposed layout.

Related: how our property checker works, the statewide SB 9 rules, SB 9 lot split costs, and the free lot checker.

The San Marcos rules

SB 9 eligibility requirements in San Marcos

Governing rules: San Marcos Municipal Code 20.470 and 19.44, on top of state law (Cal. Gov. Code §§65852.21, 66411.7).

New lot size1,200 sq ft and 40%Areas over 25% slope and creeks don't count toward lot area.
Side and rear setbacks4 ftFront setback follows the zone. 10 ft between structures.
Home size (city code)800 sq ft, 1 storyAs written in the city code. See below.
Access to the streetVehicle access requiredThe city's flag lot rule calls for 30 ft of frontage.
Parking1 space per homeNone within half a mile of a major transit stop.
Units2 lots, 4 homes maxSplit lots with two homes get no ADU.
What's different here

Local access and development rules

State-law limitations and possible conflicts (city confirmation recommended)

These are on the city's books, but SB 9 and later state housing laws may limit them. Our checker flags them for a hand look instead of ruling a lot out.

Costs

Published city fees and potential costs

Published fee categories are informational, not a project quote. Applicability and total expenses depend on the city, parcel, proposed construction and current agency requirements. Schedule: City fees (effective September 1, 2026).

Tentative parcel map$9,391
Parcel map (minor subdivision)$5,160
Public facilities fee$6.88 per sq ft

The city has no urban lot split line item, so these are the closest fees on its schedule. School, water and sewer fees are charged by other agencies. These are published city fees or the closest fee categories on the city's schedule, not a quote for an SB 9 application. Real costs depend on the project, required reviews, utilities and current schedules; survey, engineering, school, utility and recording costs are extra. Who pays what is set out in the written agreement for the new lot. City fee schedule.

Selling the new lot

Selling a newly created lot in San Marcos

Yes. Once the split records, the new lot is a separate legal parcel you can sell on its own, and you keep your house on the other one. Sell it direct and there's no realtor commission: In a direct sale without a homeowner listing agent, no listing-agent commission is charged to the homeowner. Escrow, title, lender, tax, permitting, and other expenses may still apply. The written agreement specifies which party pays each cost. See how selling part of your backyard works.

Questions

San Marcos SB 9 frequently asked questions

Can I split my lot in San Marcos under SB 9?

Yes, San Marcos allows SB 9 splits under its code sections 20.470 and 19.44, and the city maps every parcel as permitted, constrained or prohibited for SB 9. Its written rules are among the strictest in North County.

How small can the new lot be in San Marcos?

Each lot has to be at least 1,200 square feet, and the smaller lot at least 40% of the original lot. Areas over 25% slope and creeks don't count toward lot area.

How does the San Marcos SB 9 process work?

Ministerial, under SMMC 19.44, with a grading plan.

Do I pay realtor fees if I sell the new lot?

No. In a direct sale without a homeowner listing agent, no listing-agent commission is charged to the homeowner. Escrow, title, lender, tax, permitting, and other expenses may still apply. The written agreement specifies which party pays each cost.

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Sources

Official rules and sources

City SB 9 rulesSan Marcos Municipal Code 20.470 and 19.44
Published fee scheduleCity fees (effective September 1, 2026). The city has no urban lot split line item, so these are the closest fees on its schedule. School, water and sewer fees are charged by other agencies.
State SB 9 statuteGov. Code §65852.21 and §66411.7
Rules last read from city sourcesSeptember to October 2026
Fees checked against official schedulesOctober 19, 2026
Other cities

Rules read from the city's published code and fee schedules; last reviewed October 2026. Check with the city before you rely on any single number.