San Diego, CA – Rental Regulations FAQ January 2025

Last updated: January 2025

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1. What is considered a short-term rental in San Diego?

A short-term residential occupancy (STRO) in San Diego is defined as the occupancy of a dwelling unit, or part thereof, for less than one month. The STRO Ordinance defines a month as a period of consecutive days from the first calendar day of occupancy in any month to the same calendar day in the next month following or the last day of the next month following if no corresponding calendar day exists.

The San Diego Municipal Code prohibits the use of Accessory Dwelling Units (ADUs) for short-term rental. However, companion units permitted before the September 2017 prohibition may still be used as STROs. Additionally, vehicles (including RVs and camper vans) and temporary structures (such as tents, sheds, and tree houses) are not allowed for STRO use. Operating an STRO in these prohibited units will result in a Code violation.

2. Do I need a permit to operate a short-term rental in San Diego?

Yes, operating a short-term rental in San Diego requires obtaining an STRO license. There are four license tiers:

• Tier 1: Part-Time – Renting the entire home for an aggregate of 20 days or less per year. The host does not need to reside onsite during the STRO.
• Tier 2: Home Sharing – Renting a room or rooms in the home for more than 20 days per year, with the host residing onsite.
• Tier 3: Whole Home (excluding Mission Beach) – Renting the entire home for more than 20 days per year, with the host not residing onsite.
• Tier 4: Mission Beach Whole Home – Specific to the Mission Beach Community Planning Area, renting the entire home for more than 20 days per year, with the host not residing onsite.

Each tier has specific requirements and limitations. Here you can find out what tier you should get: STRO License Flow Chart

3. What are the zoning laws for STRs in San Diego?

STRs are permitted in various residential zones within the City of San Diego. The City of San Diego provides an interactive zoning map through its Zoning and Parcel Information Portal (ZAPP). This tool allows you to search for zoning information by address or parcel number, offering detailed insights into base zones, overlay zones, and other site-specific criteria.

To access the interactive zoning map, visit the City of San Diego’s Zoning webpage and select the ZAPP link. This resource will enable you to determine the zoning designation of any property within San Diego, which is essential for understanding land-use regulations and ensuring compliance with local ordinances.

For additional assistance or inquiries regarding zoning information, you can contact the Development Services Department at 619-446-5000 or email dsdweb@sandiego.gov.

4. Are there occupancy limits for short-term rentals in San Diego?

In San Diego, while specific occupancy limits for Short-Term Residential Occupancies (STROs) aren’t explicitly detailed in the municipal code, compliance with building and safety regulations inherently establishes certain standards and requirements.

5. What taxes are short-term rental hosts required to pay?

• Transient Occupancy Tax (TOT): 10.5% of the rent for stays under one month, paid monthly to the City.
• Tourism Marketing District (TMD) Assessment: 2% of the rent to fund tourism promotion, paid with TOT.
• Rental Unit Business Tax: Annual tax for rentals exceeding six days per year.

Note: Hosts must register for a Transient Occupancy Registration Certificate before operating.

6. What are the safety and health requirements for STR properties in San Diego?

Short-term vacation rental properties in San Diego must meet the following safety standards:

• Room Size Requirements: Habitable rooms must provide at least 70 square feet of floor area and be at least 7 feet in any horizontal dimension.
• Ceiling Height: Ceilings must be at least 7 feet high in habitable spaces.
• Emergency Egress: Bedrooms must have an escape opening, such as a window or door, with minimum dimensions of 5.7 square feet, 24 inches in height, and 20 inches in width.
• Smoke and Carbon Monoxide Detectors: Install smoke detectors in all sleeping areas, outside sleeping areas, and on every level, with carbon monoxide detectors outside sleeping areas and on each level.
• Cleanliness: Maintain the property in a clean, sanitary condition with functioning amenities.
• Pest Control: Implement regular pest control to prevent infestations.
• Noise Ordinance Compliance: Inform guests of local noise regulations to minimize disturbances.
• Good Neighbor Policy: Ensure guests respect neighbors and community standards to avoid complaints.

7. How are noise and nuisance complaints handled in San Diego?

In San Diego, noise and nuisance complaints related to Short-Term Residential Occupancy (STRO) properties are managed through a structured process:

Immediate Reporting: If you experience a disturbance, promptly contact the designated local contact person for the STRO property. They are required to respond within one hour to address the issue.

Escalation: If the local contact fails to respond adequately within the allotted time, report the issue to the San Diego Police Department’s non-emergency line at 619-531-2000 or 858-484-3154.

Formal Complaint: For unresolved or ongoing issues, file a complaint through the City’s “Get It Done” portal, providing detailed information about the incident.

8. Can I manage multiple short-term rental properties in San Diego?

No. A host is permitted to hold only one STRO license at a time and may not operate more than one dwelling unit for short-term residential occupancy simultaneously within the city.

Definition of Host: The term “host” refers to a natural person with the legal right to occupy the dwelling unit and to allow its use for short-term residential occupancy.

9. What are the penalties for non-compliance with STR regulations in San Diego?

1. Operating Without a License: Operating a short-term rental without the required STRO license is a violation that may result in fines and legal consequences.

2. Administrative Citations: Violations can incur administrative citations of up to $1,000 per infraction.

3. Civil Penalties: Severe or repeated violations may lead to civil penalties reaching up to $10,000 per violation.

4. Property Liens: Unpaid penalties or ongoing violations can result in a property lien filed with the County of San Diego.

10. Are there any updates or changes to San Diego STR regulations I should be aware of?

The STRO ordinance was approved by the California Coastal Commission on March 9, 2022, and took effect on May 1, 2023, introducing a tiered licensing system with caps on whole-home rentals at 1% of the city’s housing units and 30% for the Mission Beach Community Planning Area. As of November 22, 2024, the City has issued 9,100 STRO licenses across all tiers. Tier 4 licenses have reached capacity, with 106 applicants on the waitlist, while Tiers 1, 2, and 3 are still accepting applications.

11. Can I self-manage my short-term rental, or do I need a property management company in San Diego?

Yes, you can self-manage your short-term rental in San Diego. The STRO Ordinance requires that the host or a designated local contact respond to complaints within one hour. Therefore, if you choose to self-manage, you must be available to address any issues promptly. Alternatively, you can designate a property management company or another individual as the local contact to fulfill this requirement.

12. What are the insurance requirements for short-term rentals in San Diego?

The City of San Diego’s Short-Term Residential Occupancy (STRO) regulations do not specify mandatory insurance requirements for hosts. However, hosts are advised to maintain appropriate insurance coverage to protect against potential liabilities associated with short-term rentals. For detailed information, please refer to the STRO Host Operating Requirements Checklist.

13. Are there any local rules regarding hosting platforms (e.g., Airbnb, Vrbo) in San Diego?

In San Diego, hosting platforms such as Airbnb and Vrbo are subject to specific regulations under the Short-Term Residential Occupancy (STRO) Ordinance:

Definition: A hosting platform is any entity that, for a fee or other consideration, provides booking services through which a host may offer a dwelling unit for short-term residential occupancy.

Data Reporting: Hosting platforms must submit monthly data for each STRO listing, including the host’s license number, property address, and booking details.

Transient Occupancy Tax (TOT) Collection: If a hosting platform collects rent from a guest, it is required to collect all applicable TOT at the time of rent collection and remit the taxes monthly to the City.

Compliance Responsibility: Hosts are responsible for ensuring their listings comply with all STRO regulations, regardless of the platform used. For detailed information, refer to the STRO Host Operating Requirements Checklist and the STRO Hosting Platforms Reporting Guidelines.

14. What are the inspection requirements for STRs in San Diego?

The City of San Diego’s Short-Term Residential Occupancy (STRO) regulations do not explicitly mandate property inspections prior to licensing. However, hosts are required to ensure that their properties comply with all applicable building, fire, and safety codes. This includes maintaining functional smoke detectors, carbon monoxide detectors, and fire extinguishers, as well as adhering to occupancy limits and ensuring proper emergency egress. While the STRO application process may not involve a formal inspection, compliance with these standards is essential, and properties may be subject to inspection if complaints are filed or violations are suspected. For detailed requirements, refer to the STRO Host Operating Requirements Checklist.

15. Are there any neighborhood-specific restrictions for STRs in San Diego?

Yes, San Diego’s Short-Term Residential Occupancy (STRO) regulations include neighborhood-specific restrictions, particularly in the Mission Beach Community Planning Area. The number of whole-home STRO licenses in Mission Beach is capped at 30% of the total housing units within that area, while in other parts of the city, the cap is set at 1% of the total housing units.

16. Is there a cap on the number of STR permits issued in San Diego?

Yes, San Diego enforces caps on the number of Short-Term Residential Occupancy (STRO) licenses issued:

• Citywide Cap: Whole-home rentals (Tier 3 licenses) are limited to 1% of the city’s total housing units.
• Mission Beach Cap: In the Mission Beach Community Planning Area, whole-home rentals (Tier 4 licenses) are capped at 30% of the area’s total housing units.

17. What parking requirements exist for STRs in San Diego?

Parking requirements for Short-Term Residential Occupancies (STRs) in San Diego prohibit parking in areas where it would obstruct driveways, sidewalks, or block access to neighboring properties. Additionally, on-street parking must not be used to meet off-street parking requirements.

For example, one parking space is typically required per bedroom. Additionally, parking must be on-site and cannot be obstructive to public roads or neighboring properties. Specific parking rules may vary depending on the zoning district and the property’s location.