Occupancy Limits: Encinitas vs San Marcos
How do occupancy limits rules compare between Encinitas, CA and San Marcos, CA?
Encinitas and San Marcos have similar restriction levels.
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 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 | Encinitas | San Marcos |
|---|---|---|
| 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 | - |
| 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.
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 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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