Encinitas, CA Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Code
- EMC Chapter 9.38
- Occupancy
- 2 per bedroom + 1
- Beds Per Bedroom
- Max 2 (one room may have 3)
- Citywide Cap
- 2.5% of housing units
- Coastal Zone Cap
- 4% of housing units
- Separation
- 200 ft between non-hosted STRs
- Permit Term
- 12 months
Summary
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.
17920.3. Any building or portion thereof, regardless of zoning designation or approved uses of the building, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public shall be deemed and hereby is declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following: (1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
Full Breakdown
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.
Violations & Fines
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.
Frequently Asked Questions
What is the maximum overnight occupancy for an Encinitas STR?
Are short-term rentals allowed in apartments or new ADUs in Encinitas?
Why does the Coastal Zone have a higher STR cap?
Sources & Official References
Other rules in Encinitas
California rules heatmap·Compare Encinitas to another location·View the California short-term rentals overview
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Occupancy Limits in Nearby Cities
How other cities in San Diego County handle occupancy limits.