San Clemente, CA Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Occupancy formula
- 2 persons per bedroom, plus 2
- Hard cap
- 10 persons maximum
- Waiver eligibility
- 5+ legal bedrooms may apply
- Waiver authority
- Community Development Director
- Enforcement window
- 24-hr contact, 30-min response
Summary
San Clemente caps overnight occupancy in a licensed Short-Term Lodging Unit at two people per legal bedroom plus two, but never more than 10 people total, under Section 17.28.292(C)(11). Owners of units with five or more bedrooms can apply to the Community Development Director for a waiver of the 10-person cap.
11.Occupancy Limit. The maximum number of renters and guests in an STLU may not exceed two persons per legal bedroom plus two persons, but in no event may the maximum occupancy of any STLU exceed 10 or the maximum allowed under Title 15 of the code, whichever is lower; provided, however, that dwelling units with five or more legal bedrooms may apply to the Community Development Director for a waiver of the 10-person occupancy limit, which the Director may approve, conditionally approve, or deny based on reasonable and objective criteria.
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
24. The maximum number of renters and guests may not exceed two persons per legal bedroom plus two additional persons, but in no event may total occupancy exceed 10 people, or whatever lower cap Title 15's building occupancy standards impose, whichever number is smaller. A dwelling with five or more legal bedrooms can apply to the Community Development Director for a waiver of the 10-person ceiling; the Director's decision is discretionary but cannot be unreasonably withheld, and must be based on reasonable, objective criteria tied to legal bedroom count that the Director adopts by City Council resolution.
The occupancy limit is not just advisory: STLU owners must disclose the maximum permitted renter count in writing to neighboring property owners within a 300-foot radius whenever a permit issues or changes, and must limit occupancy in a written agreement with each renter. An STLU can host only one rental unit per dwelling, cannot be used for weddings, bachelor or bachelorette parties, or similar events, and its owner must provide a 24-hour emergency contact who responds, on-site if requested, within 30 minutes of a complaint.
Violations & Fines
A renter or guest who violates the occupancy limit, alongside the section's noise and disorderly conduct standard, triggers a duty on the STLU owner to promptly notify the renter and take action to prevent a recurrence once the City notifies the owner of the violation. The Community Development Director can request access to the unit or its occupancy records for inspection or audit, and the City's Code Enforcement telephone number must be posted for the public to report violations; failure by the owner to address repeated violations can jeopardize the STLU zoning permit itself.
Frequently Asked Questions
How many guests can stay overnight in a San Clemente vacation rental?
Can a large home get more than 10 overnight guests?
What happens if renters exceed the occupancy limit?
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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Occupancy Limits in Nearby Cities
How other cities in Orange County handle occupancy limits.