Host Presence Rule: San Diego vs San Marcos
How do host presence rule rules compare between San Diego, CA and San Marcos, CA?
San Marcos has fewer restrictions than San Diego.
San Diego, CA
San Diego County
San Diego's STR Ordinance (effective 2023) caps Tier 3 whole-home rentals at 1 percent of housing stock and requires the licensee's primary residence under SDMC §510.0102, while Tier 4 Mission Beach allows non-primary at 30 percent cap.
View full San Diego rules →San Marcos, CA
San Diego County
Unincorporated San Diego County does not require a host to be present, on-site, or even local during a short-term rental stay. With no County STR ordinance, there is no mandatory local-contact or 24-hour-responsible-person requirement; operators must, however, register for and remit Transient Occupancy Tax.
View full San Marcos rules →Key Facts Comparison
| Fact | San Diego | San Marcos |
|---|---|---|
| Code section | SDMC §510.0102 | - |
| Effective | May 1, 2023 | - |
| Tier 3 cap | ~1% housing stock | - |
| Tier 3 rule | Primary residence only | - |
| Tier 4 | Mission Beach 30% | - |
| Host-presence requirement | - | None (no County STR ordinance) |
| Local-contact mandate | - | Not required by County |
| Home-sharing model | - | Not mandated |
| Operator on notice | - | Address for notice in TOT registration |
| Guest conduct | - | Operator still responsible |
| Applicable rule | - | TOT (Sec. 22.205-22.206) |
Highlighted rows indicate differences between cities.
San Diego FAQ
Can I rent out my second home in San Diego on Airbnb?
Only in Mission Beach under Tier 4, which allows non-primary whole-home STRs up to 30 percent of units. Elsewhere in the city Tier 3 requires the licensee's primary residence with documentation.
How do I get a Tier 3 license?
Apply to the City Treasurer's STR program. New Tier 3 licenses are issued by lottery when allocations open up, since the citywide cap of about 1 percent of housing units is currently fully subscribed.
San Marcos FAQ
Do I need to live on-site or have a local contact for my unincorporated San Diego County STR?
No. The County has no STR ordinance, so there is no host-presence or designated 24-hour local-contact requirement. You must still register for and remit Transient Occupancy Tax and ensure guests follow County noise and code rules.
Can I manage the rental remotely?
Yes, County law permits remote operation. There is no on-site host mandate, though you remain responsible for guest conduct and for TOT collection and reporting.
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