Occupancy Limits: San Diego vs San Marcos
How do occupancy limits 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 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 →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 | San Diego | San Marcos |
|---|---|---|
| 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 | - |
| 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.
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.
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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