Occupancy Limits: Daly City vs San Mateo
How do occupancy limits rules compare between Daly City, CA and San Mateo, CA?
Daly City has fewer restrictions than San Mateo.
Daly City, CA
San Mateo County
Daly City Municipal Code Chapter 5.92 caps short-term rental occupancy at two guests per bedroom plus two additional guests per stay, with one booking per property per day. Hosted stays (host on-site) have no annual day cap, while un-hosted stays are limited to 100 days per year. STRs are restricted to the host's primary residence, defined as a home occupied by the host at least 265 days per year. ADUs, JADUs, and inclusionary or income-restricted units are prohibited from STR use. The host (or tenant with notarized owner authorization) is responsible for guest conduct and must designate a 24/7 local responsible contact who can respond within one hour.
View full Daly City rules →San Mateo, CA
San Mateo County
San Mateo limits STR occupancy to two people per bedroom or ten people per property, whichever is less, under Chapter 5.66. Events including weddings, parties, and corporate functions are prohibited at STR properties. Un-hosted rentals are limited to 120 days per year.
View full San Mateo rules →Key Facts Comparison
| Fact | Daly City | San Mateo |
|---|---|---|
| Per-Stay Limit | 2 guests per bedroom + 2 additional guests | - |
| Bookings Per Day | 1 per property | - |
| Un-hosted Day Cap | 100 days per year | - |
| Hosted Day Cap | Unlimited | - |
| Primary Residence Threshold | 265 days per year | - |
| Local Contact Response | Within 1 hour, 24/7 | - |
| Code Section | DCMC Chapter 5.92 | - |
| Occupancy | - | 2 per bedroom or 10 total (lower) |
| Events | - | Prohibited — no weddings/parties |
| Un-hosted Cap | - | 120 days per year |
| Contact Person | - | 24/7, respond within 60 min |
| Code Reference | - | SMMC §5.66.040 |
Highlighted rows indicate differences between cities.
Daly City FAQ
How many guests can stay in a Daly City short-term rental?
Two guests per bedroom plus two additional guests per booking. A two-bedroom home is capped at six guests; a three-bedroom at eight.
Is there a limit on how many days I can rent my home?
Hosted stays (host on-site) are unlimited. Un-hosted stays (entire-home, host away) are limited to 100 days per calendar year under DCMC 5.92.
Can I host more than one booking per day?
No. DCMC 5.92 limits the property to one booking per day, which prevents same-day check-in/check-out turnovers used to inflate guest counts.
Can I rent my ADU or income-restricted unit short-term?
No. ADUs, JADUs, and inclusionary or income-restricted housing units are expressly excluded from STR use under Daly City's ordinance.
San Mateo FAQ
How many guests can stay at my STR in San Mateo?
Two people per bedroom or ten per property, whichever is less, under SMMC Section 5.66.040.
Can guests have parties at my STR?
No. Weddings, parties, corporate events, and similar gatherings are specifically prohibited at STR properties.
Is there a limit on rental days?
Un-hosted rentals are limited to 120 days per year. Hosted stays (owner on premises) have no day limit.
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