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Short-Term Rentals

How San Diego Handles Short-Term Rentals: A Practical Guide

By CityRuleLookup Editorial Team

San Diego maintains 196 local ordinances across all categories, and 10 of those deal specifically with short-term rentals. Here is a breakdown of what the city actually requires, what is prohibited, and where San Diego falls on the strict-to-permissive spectrum compared to other cities.

Host Platform Liability

Airbnb, Vrbo and similar hosting platforms operating in San Diego must verify a host's STRO license before processing bookings, notify hosts of licensing and tax rules, and report listing data to the City Manager monthly.

Key details: Governing section: SDMC § 510.0201. License check: Required before processing any booking fee. Tax duty: Collect and remit TOT monthly if rent collected. Reporting: Listing data to City Manager monthly. Records retention: 4 years of tax documentation.

Booking a listing without a valid registry license number, or failing to collect/remit transient occupancy tax and report listing data monthly, breaches the hosting platform's obligations under §510.0201; the City Manager can demand compliance documentation directly from the platform.

This is one of the stricter rules in San Diego's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Primary-Residence-Only Rule

San Diego's home-share licenses, Tier One (20 days or less) and Tier Two (over 20 days), are only issued for the host's own primary residence, not a separate non-owner-occupied unit.

Key details: Tier One cap: 20 days or less per year. Tier Two: More than 20 days per year. Eligible property: Host's primary residence only. Primary residence test: Lived in 6+ months of year.

Operating a home share in a property that is not the host's primary residence violates SDMC §510.0104 and can trigger license denial or regulatory action, including revocation, under the Article's enforcement provisions.

This is not one of those rules that cities tend to ignore. San Diego actively enforces its primary-residence-only rule requirements.

Repeat Violator Strikes

A San Diego short-term rental license can be revoked if a hearing officer finds a third violation of the property's operating requirements within the prior 12 months.

Key details: Strike window: 12 months prior to violation. Threshold: Third confirmed violation. Outcome: Hearing officer may revoke license. Appeal window: 10 calendar days to request hearing.

A confirmed third violation within 12 months triggers combined revocation proceedings before a hearing officer under SDMC §510.0109(e); an appeal must be requested in writing within 10 calendar days.

This is one of the stricter rules in San Diego's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Extended Home Share

Home-sharing more than 20 days a year in San Diego requires a Tier Two License, which must still be in the host's primary residence and carries its own two-year renewal cycle.

Key details: Trigger: Over 20 days per calendar year. Property requirement: Host's primary residence only. License term: Expires after two years. Renewal: Governed by SDMC §510.0106(d).

Home-sharing beyond 20 days a year without a Tier Two License, or failing its primary-residence and occupancy conditions, exposes the host to regulatory action and potential license revocation under SDMC §510.0109.

Host Presence Rule

Tier Two home-share hosts in San Diego must personally occupy their primary residence at least 275 days of the year in which the home is rented out as a home share.

Key details: Minimum occupancy: 275 days per calendar year. Partial-year hosts: 75% of days owned or rented. Applies to: Tier Two home-share license only. Purpose: Keeps license tied to actual residents.

Falling short of the 275-day (or 75-percent) occupancy floor is a violation of SDMC §510.0104 that can lead to denial of license renewal or regulatory action, including revocation, under §510.0109.

This is not one of those rules that cities tend to ignore. San Diego actively enforces its host presence rule requirements.

Night Caps

San Diego Municipal Code Chapter 5, Article 10, Division 1 (STRO Ordinance, effective May 1, 2023) sets a 20-day annual threshold that determines licensing tier: Tier 1 allows up to 20 days per calendar year of any STRO use; any rental beyond 20 days requires a Tier 2 (home share), Tier 3 (whole-home outside Mission Beach), or Tier 4 (Mission Beach whole-home) license.

Key details: Authority: SDMC Chapter 5, Article 10, Division 1. Effective Date: May 1, 2023. Tier 1 (Part-Time): ≤20 days/calendar year, no cap. Tier 2 (Home Share): >20 days/year, host onsite ≥275 days, no cap. Tier 3 (Whole Home): >20 days/year, capped ≈1% of citywide housing.

Operating whole-home STRO over 20 days per year without a Tier 3 or Tier 4 license, or exceeding the 90-day absence allowance, violates SDMC Chapter 5, Article 10, Division 1 and can result in license revocation, fines, and TOT penalties enforced by the Office of the City Treasurer.

Occupancy Limits

San Diego's Short-Term Residential Occupancy (STRO) ordinance under SDMC Chapter 5, Article 10, Division 1 establishes occupancy limits tied to the license tier. A two-night minimum guest stay is required for Tier 2 (home-sharing), Tier 3 (whole-home), and Tier 4 (Mission Beach whole-home) licenses. Hosts must post exterior signage with TOT certificate number, STRO license number, and contact information. Good Neighbor policies apply to all tiers.

Key details: Code Section: SDMC Ch. 5, Art. 10, Div. 1. Minimum Stay: 2-night minimum for Tiers 2, 3, and 4. Tier 1: Part-time; max 20 days/year aggregate. Tier 3: Whole-home; host not onsite; 90-day min utilization. Signage: Exterior posting of TOT and STRO license numbers required.

Short-Term Rental Permits

San Diego requires a Short-Term Residential Occupancy (STRO) license under SDMC Sections 30.18-30.20 for any rental under 30 days. Three license tiers exist with caps: whole-home rentals limited to 1% of the city's housing units (30% in Mission Beach). Active TOT certificate and Rental Unit Business Tax required.

Key details: License Required: STRO License (3 tiers). Whole-Home Cap: 1% of housing units. Mission Beach Cap: 30% of housing. Effective Date: May 2022. Code Section: SDMC 30.18-30.20.

Administrative citations up to $1,000 per infraction. Civil penalties up to $10,000 per violation for repeated or severe non-compliance. Unlicensed short-term rental operation subject to enforcement action.

Short-Term Rental Parking Rules

STRO hosts must provide guests information about available parking. No dedicated off-street parking requirement for STRs beyond standard residential requirements. Guests must follow citywide 72-hour street parking limits and posted restrictions including permit parking zones.

Key details: Dedicated STR Parking: Not separately required. Street Limit: 72-hour max at one spot. Permit Zones: Guest vehicles restricted. Host Duty: Inform guests of parking rules.

Standard parking citations for violations. Parking complaints may contribute to STRO license review. No separate STR parking penalties exist.

Taxes & Fees

San Diego requires 10.5% Transient Occupancy Tax (TOT) plus a 2% Tourism Marketing District (TMD) assessment on all short-term rental income under SDMC Section 35.0101. Hosts must register for a TOT certificate and remit monthly. Rental Unit Business Tax also applies annually.

Key details: TOT Rate: 10.5% of gross rent. TMD Assessment: 2% additional. Total Tax: 12.5% guest-facing. Filing: Monthly by 25th. Code Section: SDMC 35.0101.

Back taxes plus 25% penalty and 1% monthly interest on unpaid TOT. Operating without a TOT certificate is a violation. Persistent non-compliance may result in STRO license denial or revocation.

This is not one of those rules that cities tend to ignore. San Diego actively enforces its taxes & fees requirements.

The Bottom Line

San Diego is tougher than many cities when it comes to short-term rentals. Out of the 10 rules covered here, 5 are rated strict. If you are a homeowner, renter, or business owner in San Diego, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from San Diego's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.