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Short-Term Rentals

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

By CityRuleLookup Editorial Team

San Diego maintains 241 local ordinances across all categories, and 9 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 Presence Rule

San Diego's STR Ordinance (effective 2023) caps Tier 3 whole-home rentals at 1 percent of housing stock and requires the licensee's primary residence under SDMC §510.0102, while Tier 4 Mission Beach allows non-primary at 30 percent cap.

Key details: Code section: SDMC §510.0102. Effective: May 1, 2023. Tier 3 cap: ~1% housing stock. Tier 3 rule: Primary residence only. Tier 4: Mission Beach 30%.

Operating without an STR license, or running Tier 3 from a non-primary residence, draws STR Compliance Section enforcement with administrative fines up to $1,000 per day, license revocation, and platform delisting. Three substantiated violations within 24 months revoke the license.

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.

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.

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.

First offense: warning. Repeated overcrowding: fines of $250 to $1,000. Permit suspension or revocation for chronic violations.

This is not one of those rules that cities tend to ignore. San Diego actively enforces its occupancy limits requirements.

Registration Rules

San Diego requires STRO licenses under a strict four-tier system effective May 2023. Whole-home STRs capped at 1% of housing stock (~5,400 citywide). Mission Beach allows 30% (~1,100). Fees range from $100 to $1,000 annually.

Key details: System: 4-tier STRO license. Whole-Home Cap: 1% of housing (~5,400). Mission Beach: 30% cap (~1,100). Fees: $100–$1,000/year.

Operating without license: substantial fines and potential loss of future license eligibility. Tier violations subject to license revocation.

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

Insurance Requirements

San Diego's STRO ordinance requires hosts to maintain active Transient Occupancy Tax (TOT) certificates and Rental Unit Business Tax accounts. Hosts who are not property owners must also hold a Business Tax Certificate and provide a right-to-occupy document. Liability insurance is strongly recommended though specific minimum coverage amounts are governed by platform requirements rather than the municipal code.

Key details: TOT Certificate: Active certificate required for all hosts. Business Tax: Rental Unit Business Tax account mandatory. Non-Owners: Business Tax Certificate + right-to-occupy document. Licensing: Non-transferable; one license per host. Effective Date: Licensing required since May 1, 2023.

Operating without required insurance may result in permit denial or revocation. Hosts may face personal liability for uninsured claims.

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.

Permit Requirements

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.

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.

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.

Noise Rules

STRO hosts must comply with San Diego's general noise ordinance (SDMC 59.5.0401) and the STRO Good Neighbor Policy. Guests must observe quiet hours (10 PM-7 AM). Hosts are responsible for informing guests of noise rules and may face license revocation for repeated noise complaints.

Key details: Quiet Hours: 10 PM-7 AM (8 AM weekends). Host Duty: Provide written noise rules to guests. Emergency Contact: Required posted in unit. License Risk: 3+ violations may revoke.

Noise violations subject to standard fines under the noise ordinance. Repeated complaints may trigger STRO license review, suspension, or revocation by the City Treasurer.

The Bottom Line

San Diego is tougher than many cities when it comes to short-term rentals. Out of the 9 rules covered here, 7 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.