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San Diego County, CA Short-Term Rentals: Occupancy Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

STR occupancy cap
None (no County STR ordinance)
Governing limits
Building, Residential & Fire Codes
Zoning role
Density/dwelling-unit standards apply
City STRO rules
Do not apply in unincorporated area
Septic/well factor
May constrain occupancy on rural parcels
TOT framework
Imposes no occupancy limit

Summary

Unincorporated San Diego County has no short-term-rental-specific occupancy cap, because the County never adopted an STR licensing ordinance. Maximum occupancy is governed by general Building, Fire, and Zoning Code limits for the dwelling rather than a per-rental guest formula.

City-specific rules exist: Oceanside, Vista, Encinitas, San Diego, El Cajon, Escondido, Chula Vista, and Carlsbad have their own occupancy limits rules that differ from San Diego County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

29] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) 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.

Source: County Zoning OrdinanceView official code

Full Breakdown

The County of San Diego has not enacted a short-term rental ordinance, so there is no STR-specific guest-occupancy formula (such as the two-guests-per-bedroom-plus-two limits common in cities that license STRs). The City of San Diego's STRO occupancy rules do not apply in the unincorporated county. In the absence of a dedicated ordinance, the maximum number of occupants is governed by generally applicable standards: the California Building and Residential Codes (room and dwelling occupancy based on floor area and habitable space), the Fire Code, and the County Zoning Ordinance's density and dwelling-unit definitions.

Operators should size guest counts to the lawful occupancy of the structure and to septic/water capacity where applicable, since many unincorporated parcels are on private wells and on-site wastewater systems. The County's Transient Occupancy Tax framework, which is the main STR requirement, does not impose any occupancy limit. Because no County STR ordinance establishes guest caps, claims of a specific maximum number of guests for unincorporated STRs would be unsupported. Operators in homeowners-association areas may face private occupancy limits separate from County law.

Violations & Fines

Exceeding the lawful occupancy of a dwelling under the Building, Residential, or Fire Code, or overloading an on-site septic system, can trigger code-compliance enforcement even though no STR-specific guest cap exists.

Frequently Asked Questions

How many guests can stay at an unincorporated San Diego County short-term rental?
There is no County STR-specific guest cap because the County has not adopted an STR ordinance. Occupancy is limited by the Building, Residential, and Fire Codes for the dwelling, plus any septic/well capacity and private HOA rules.
Do City of San Diego occupancy rules apply to my unincorporated property?
No. The City's STRO occupancy limits apply only inside City limits. Unincorporated parcels are governed by the County, which has no STR occupancy ordinance.

Sources & Official References

Other rules in San Diego County

All San Diego County rules

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