Occupancy Limits: Encinitas vs San Diego
How do occupancy limits rules compare between Encinitas, CA and San Diego, CA?
Encinitas has fewer restrictions than San Diego.
Encinitas, CA
San Diego County
Encinitas Municipal Code Chapter 9.38 limits overnight occupancy in short-term rentals to two persons per bedroom plus one additional person per dwelling unit, with non-hosted unit caps of 2.5% citywide and 4% in the Coastal Zone.
View full Encinitas rules →San Diego, CA
San Diego County
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.
View full San Diego rules →Key Facts Comparison
| Fact | Encinitas | San Diego |
|---|---|---|
| Code | EMC Chapter 9.38 | - |
| Occupancy | 2 per bedroom + 1 | - |
| Beds Per Bedroom | Max 2 (one room may have 3) | - |
| Citywide Cap | 2.5% of housing units | - |
| Coastal Zone Cap | 4% of housing units | - |
| Separation | 200 ft between non-hosted STRs | - |
| Permit Term | 12 months | - |
| 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 |
Highlighted rows indicate differences between cities.
Encinitas FAQ
What is the maximum overnight occupancy for an Encinitas STR?
Two persons per bedroom plus one additional person per dwelling unit, under Chapter 9.38.
Are short-term rentals allowed in apartments or new ADUs in Encinitas?
No. Permitted property types are limited to single-family homes and duplexes. Multi-family dwellings and newly constructed ADUs are not eligible.
Why does the Coastal Zone have a higher STR cap?
Encinitas allows up to 4% of housing units as non-hosted STRs in the Coastal Zone (versus 2.5% citywide), consistent with California Coastal Act public access objectives.
San Diego FAQ
Is there a maximum guest count per STR unit?
Occupancy must comply with the building's permitted occupancy load. Good Neighbor requirements prohibit exceeding safe occupancy and require quiet hours compliance.
Can I rent my ADU as a short-term rental?
ADUs may be eligible for STRO licensing depending on the tier. Check with the City Treasurer's office for current eligibility requirements.
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