Occupancy Limits: Carlsbad vs San Marcos
How do occupancy limits rules compare between Carlsbad, CA and San Marcos, CA?
San Marcos has fewer restrictions than Carlsbad.
Carlsbad, CA
San Diego County
Carlsbad STRs are capped at 2 adults per bedroom plus 2 additional (e.g., 8 in a 3BR), subject to a hard ceiling of 12 total occupants. STRs require a permit, are banned inland of I-5 except for primary residences, and collect 12% TOT.
View full Carlsbad rules →San Marcos, CA
San Diego County
San Marcos does not publish a numeric guest cap (e.g., two-per-bedroom) in its Municipal Code. STRs are generally prohibited in residential zones unless allowed by an applicable Specific Plan, and where allowed are limited to one STR per block or per 660 feet, with a city business license and 10% Transient Occupancy Tax on stays of 30 consecutive days or fewer.
View full San Marcos rules →Key Facts Comparison
| Fact | Carlsbad | San Marcos |
|---|---|---|
| Occupancy Formula | 2 adults per BR + 2, max 12 | - |
| Permit Required | Yes (annual, CMC 5.60) | - |
| East of I-5 | Primary residence only | - |
| TOT + CTBID | 12% total | - |
| Quiet Hours | 10 PM – 7 AM | - |
| Local Contact | 60-minute response | - |
| Numeric Cap | - | Not published in code |
| Zoning | - | Generally prohibited unless Specific Plan allows |
| Density | - | 1 per block or 660 ft |
| Notice Radius | - | 400 ft for new applications |
| TOT Threshold | - | 30 consecutive days or fewer |
| TOT Rate | - | 10% |
| License | - | City business license required |
Highlighted rows indicate differences between cities.
Carlsbad FAQ
How many guests can stay in a Carlsbad short-term rental?
Up to 2 adults per legal bedroom plus 2 additional persons, with a hard cap of 12 total occupants regardless of home size. A 3-bedroom home can host a maximum of 8 adults under this rule.
Can I run an Airbnb east of I-5 in Carlsbad?
Only as a hosted primary-residence rental. Non-owner-occupied STRs are restricted to the Coastal Zone (west of I-5). Investor-owned STRs in inland neighborhoods are prohibited under CMC Chapter 5.60.
What's the total tax I have to collect from guests?
12% — consisting of 10% Transient Occupancy Tax plus a 2% Carlsbad Tourism Business Improvement District (CTBID) assessment. Taxes must be remitted monthly to the City.
San Marcos FAQ
How many guests can stay in a San Marcos short-term rental?
The city does not publish a fixed numeric guest cap. The bigger gating issue is zoning: STRs are generally prohibited in residential zones unless an applicable Specific Plan allows them on the parcel.
Does San Diego County's STR ordinance apply inside San Marcos?
No. The County's STRO ordinance (San Diego County Code Sections 21.2901-21.2913) governs unincorporated areas only. Inside the City of San Marcos, the city's zoning rules and business-license requirements apply.
What if my Specific Plan does not address STRs?
If a Specific Plan does not expressly authorize short-term rental as an allowed use on your parcel, the use is prohibited. Confirm with the San Marcos Planning Division at (760) 744-1050 ext. 3204 or planningdivision@san-marcos.net before listing.
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