San Clemente, CA Short-Term Rentals: Host Presence Rule (2026)
Key Facts
- Governing section
- SCMC § 17.28.292(D)
- Who must sleep on-site
- Owner or trained manager
- Applies to
- STARs only, not general STLUs
- Permit authority
- Zoning Administrator
- STAR-to-STAR distance
- 300 feet minimum
Summary
A Short-term Apartment Rental in San Clemente must have its owner or a trained property manager sleep on the property every night a unit is rented. This applies only to STARs, the STLU subtype allowed in residential zones where general vacation rentals are not permitted.
A STAR owner or the owner's trained and qualified property manager must operate the STAR and must sleep within a habitable room in a unit on the property every night that a unit in the STAR is rented for short-term lodging purposes. The Director of Community Development shall develop reasonable and appropriate standards for property-manager training and qualification and shall submit them to the City Council for adoption by resolution.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Traffic: Supplement 30 | Code of Ordinances: Supplement 66 Update 1).
Full Breakdown
40. 146. Subsection D imposes an operational condition unique to STARs beyond the general STLU standards in subsection C: the owner, or a trained and qualified property manager, must actually operate the STAR and sleep in a habitable room on-site every night any unit in the STAR is rented. The Community Development Director sets the training and qualification standards for a stand-in manager, and the City Council adopts them by resolution. A STAR permit is owner-specific and does not run with the land: any sale or transfer voids the STLU zoning permit and a new owner must reapply.
STARs must also sit at least 300 feet from every other STAR or STLU under subsection F, and the number of general STLUs (excluding STARs) is capped at 20 percent of housing units within each STLU Allowed Area shown in Appendix C. 24 in addition to the zoning permit, and both can be pulled if the owner is out of compliance.
Violations & Fines
Operating an STLU or STAR without a valid operating license, or advertising one without a current license, is a misdemeanor under Section 3.24.270. The City may also modify or revoke the STLU zoning permit under Section 17.12.175 and revoke the operating license under Sections 3.24.050 through 3.24.067. A change of ownership without a new permit voids the STLU zoning permit outright, and violations can shorten or end the two-year amortization period available to legal nonconforming STLUs under Section 17.72.060.
Frequently Asked Questions
Does the host-presence rule apply to every vacation rental in San Clemente?
Can someone other than the owner satisfy the sleeping requirement?
What happens if the STAR owner sells the property?
Sources & Official References
Other rules in San Clemente
California rules heatmap·Compare San Clemente to another location·View the California short-term rentals overview
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