Primary-Residence-Only Rule: San Diego vs San Marcos
How do primary-residence-only rule rules compare between San Diego, CA and San Marcos, CA?
San Diego and San Marcos have similar restriction levels.
San Diego, CA
San Diego County
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 →San Marcos, CA
San Diego County
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 Marcos rules →Key Facts Comparison
| Fact | San Diego | San Marcos |
|---|---|---|
| Primary-residence rule | None for County STRs | None for County STRs |
| Owner-occupancy | Not required | Not required |
| Whole-home rentals | Permitted under County law | Permitted under County law |
| City STRO tiers | Do not apply in unincorporated area | Do not apply in unincorporated area |
| ADU short-term use | Prohibited under 30 days | Prohibited under 30 days |
| Still required | Zoning compliance + 8% TOT | Zoning compliance + 8% TOT |
Highlighted rows indicate differences between cities.
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.
San Marcos 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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