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🏠 Short-Term Rentals/Primary-Residence-Only Rule

Primary-Residence-Only Rule: Encinitas vs San Diego

How do primary-residence-only rule rules compare between Encinitas, CA and San Diego, CA?

Encinitas and San Diego have similar restriction levels.

Encinitas, CA

San Diego County

Few Restrictions

Unincorporated San Diego County does not require a short-term rental to be the operator's primary residence. Because the County never adopted an STR licensing ordinance, whole-home, non-owner-occupied rentals are not prohibited by County STR law, though zoning and TOT rules still apply.

View full Encinitas rules β†’

San Diego, CA

San Diego County

Few Restrictions

Unincorporated San Diego County does not require a short-term rental to be the operator's primary residence. Because the County never adopted an STR licensing ordinance, whole-home, non-owner-occupied rentals are not prohibited by County STR law, though zoning and TOT rules still apply.

View full San Diego rules β†’

Key Facts Comparison

FactEncinitasSan Diego
Primary-residence ruleNone for County STRsNone for County STRs
Owner-occupancyNot requiredNot required
Whole-home rentalsPermitted under County lawPermitted under County law
City STRO tiersDo not apply in unincorporated areaDo not apply in unincorporated area
ADU short-term useProhibited under 30 daysProhibited under 30 days
Still requiredZoning compliance + 8% TOTZoning compliance + 8% TOT

Highlighted rows indicate differences between cities.

Encinitas FAQ

Must a short-term rental be my primary home in unincorporated San Diego County?

No. The County has no STR ordinance and imposes no primary-residence or owner-occupancy requirement. Whole-home and investor-owned rentals are allowed, subject to zoning, building, fire, noise, and TOT rules.

Can I short-term rent my backyard ADU?

No. Under California ADU rules adopted by the County, accessory dwelling units cannot be rented for fewer than 30 consecutive days, so they may not be used as short-term rentals.

San Diego FAQ

Must a short-term rental be my primary home in unincorporated San Diego County?

No. The County has no STR ordinance and imposes no primary-residence or owner-occupancy requirement. Whole-home and investor-owned rentals are allowed, subject to zoning, building, fire, noise, and TOT rules.

Can I short-term rent my backyard ADU?

No. Under California ADU rules adopted by the County, accessory dwelling units cannot be rented for fewer than 30 consecutive days, so they may not be used as short-term rentals.

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