Night Caps: San Diego vs San Marcos
How do night caps 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 Municipal Code Chapter 5, Article 10, Division 1 (STRO Ordinance, effective May 1, 2023) sets a 20-day annual threshold that determines licensing tier: Tier 1 allows up to 20 days per calendar year of any STRO use; any rental beyond 20 days requires a Tier 2 (home share), Tier 3 (whole-home outside Mission Beach), or Tier 4 (Mission Beach whole-home) license.
View full San Diego rules →San Marcos, CA
San Diego County
Unincorporated San Diego County imposes no annual cap on the number of nights a property may be short-term rented. With no County STR ordinance, there is no rented-night limit, lottery, or per-area quota; the only night-related threshold is the 30-day definition that determines when Transient Occupancy Tax applies.
View full San Marcos rules →Key Facts Comparison
| Fact | San Diego | San Marcos |
|---|---|---|
| Authority | SDMC Chapter 5, Article 10, Division 1 | - |
| Effective Date | May 1, 2023 | - |
| Tier 1 (Part-Time) | ≤20 days/calendar year, no cap | - |
| Tier 2 (Home Share) | >20 days/year, host onsite ≥275 days, no cap | - |
| Tier 3 (Whole Home) | >20 days/year, capped ≈1% of citywide housing | - |
| Tier 4 (Mission Beach) | >20 days/year, capped ≈30% of MB units | - |
| Minimum Booking | 2 consecutive nights (Tiers 3 & 4) | - |
| Minimum Use | ≥90 days/year for Tier 3 & 4 (SDMC 510.0107) | - |
| Administered By | City Treasurer STRO Program (619) 615-6120 | - |
| Annual night cap | - | None (no County STR ordinance) |
| Whole-home quota | - | None |
| Lottery/permit limit | - | Not applicable |
| TOT threshold | - | Stays of 30 days or less taxed |
| 31+ day stays | - | Not transient; TOT not due |
| California law | - | No statewide night cap |
Highlighted rows indicate differences between cities.
San Diego FAQ
How many nights per year can I rent my San Diego home short-term?
If your aggregate STRO use is 20 days or less per calendar year, a Tier 1 license is sufficient under SDMC Chapter 5, Article 10, Division 1. Renting more than 20 days per year requires a Tier 2 home-share license (host onsite), a Tier 3 whole-home license outside Mission Beach, or a Tier 4 license inside Mission Beach. Tier 3 and Tier 4 licenses are capped and currently distributed by lottery.
Is there a maximum number of nights for a Tier 3 whole-home rental?
There is no per-year maximum night cap on Tier 3 or Tier 4 use, but SDMC Section 510.0107 requires a minimum 90-day STRO use per license term and limits the host's absence accordingly. Each booking must also be at least two consecutive nights. The binding limit is the citywide 1% Tier 3 cap on the total number of licenses, not days per license.
What if I exceed 20 days without upgrading to a Tier 2, 3, or 4 license?
Operating beyond 20 days per calendar year without the proper tier license violates SDMC Chapter 5, Article 10, Division 1. The Office of the City Treasurer can issue civil penalties, revoke the Tier 1 license, and pursue unpaid Transient Occupancy Tax. Hosting platforms must also remove unlicensed listings. Confirm your tier with STRO Administration at (619) 615-6120.
San Marcos FAQ
Is there a limit on how many nights I can short-term rent in unincorporated San Diego County?
No. The County has not adopted an STR ordinance, so there is no annual night cap, whole-home quota, or rental lottery. You may rent subject only to zoning, building, fire, noise, and tax rules.
What is the 30-day threshold about?
It is a tax definition, not a cap. Transient Occupancy Tax applies to stays of 30 days or less; stays of 31 or more consecutive days are not transient and are not subject to TOT.
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