Encinitas Municipal Code Chapter 9.38 limits overnight occupancy in short-term rentals to two persons per bedroom plus one additional person per dwelling unit, with non-hosted unit caps of 2.5% citywide and 4% in the Coastal Zone.
Under Encinitas Municipal Code Chapter 9.38, property owners or their agents must limit overnight occupancy of a short-term rental to a fixed number not to exceed two persons per bedroom plus one additional person per dwelling unit. Bedroom count is determined from city records; sleeping accommodations limit each bedroom to no more than two beds, with only one bedroom permitted to contain up to three beds. Permitted property types are limited to single-family homes and duplexes. Short-term rentals are prohibited in multi-family dwellings (3+ units) and in newly constructed accessory dwelling units. The city imposes a citywide cap of 2.5% of total housing units for non-hosted short-term rentals and a higher cap of 4% within the California Coastal Zone, consistent with Coastal Act access requirements. Non-hosted units must maintain a minimum 200-foot separation distance from one another to prevent neighborhood overconcentration. Permits expire 12 months from issuance and must be renewed annually.
Exceeding the per-bedroom occupancy limit, operating in a prohibited dwelling type, violating the 200-foot separation rule, or exceeding the 2.5%/4% cap can trigger permit revocation, citation, and administrative fines under Chapter 9.38 enforcement provisions.
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