Occupancy Limits: Chula Vista vs San Marcos
How do occupancy limits rules compare between Chula Vista, CA and San Marcos, CA?
San Marcos has fewer restrictions than Chula Vista.
Chula Vista, CA
San Diego County
Chula Vista's STR ordinance (CVMC 5.68) limits occupancy based on the number of bedrooms. The permit specifies the maximum number of overnight guests allowed. Operators must post occupancy limits in the rental unit and communicate them to guests before booking.
View full Chula Vista 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 | Chula Vista | San Marcos |
|---|---|---|
| Basis | Bedroom count and fire code capacity | - |
| Posting | Limits must be posted in the unit | - |
| Pre-Booking | Must communicate limits before booking | - |
| ADUs After 2020 | Cannot be used as STRs | - |
| Events | STR event permit may allow additional guests | - |
| 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.
Chula Vista FAQ
How many guests can stay at a Chula Vista short-term rental?
The maximum occupancy is specified in the STR permit based on the bedroom count and fire code capacity. The limit must be posted in the unit and communicated to guests before booking.
Can I rent my ADU as a short-term rental?
ADUs and JADUs for which a construction permit was applied for on or after January 1, 2020 may not be used as short-term rentals under CVMC 5.68.
Can I host an event at my STR?
Events beyond normal rental occupancy require an STR event permit under CVMC 5.68.120, which may include additional conditions for noise, parking, and occupancy.
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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