Overview: Are Short-Term Rentals Allowed in Encinitas?

Yes, short-term rentals are explicitly allowed in Encinitas, CA, but only under strict regulatory conditions. The City of Encinitas permits short-term rentals (STRs) in single-family homes and duplexes with proper permits, while prohibiting STRs in multi-family dwellings and Accessory Dwelling Units (ADUs). All STR operators must obtain a city permit, collect and remit Transient Occupancy Tax (TOT), and comply with comprehensive safety and operational requirements.

As of April 4, 2022, there were 478 permitted short-term rentals in the city. The city has implemented a cap system and proximity restrictions to prevent overconcentration of STRs in neighborhoods.

How to Start a Short-Term Rental Business in Encinitas

Step 1: Verify Property Eligibility

• Eligible Properties: Single-family homes and duplexes only
• Ineligible Properties: Multi-family dwellings, condominiums, and newly constructed ADUs
• Existing ADU Exception: Some legally-operating ADU STRs were allowed to continue when the ordinance was adopted, but if those permits expire, STR use will be prohibited

Step 2: Account Setup and Application

1. Register for Customer Self-Service (CSS) Portal at portal.encinitasca.gov
2. Wait for account approval (within 24 business hours)
3. Complete the six-step application process through the CSS portal
4. Pay the $425 application fee (non-refundable)

Step 3: Concurrent Business Registration

• Submit business registration application through CSS Portal simultaneously with STR permit application
• Required per Encinitas Municipal Code Section 9.38.040.A

Step 4: Property Inspection and Compliance

• Schedule and pass Code Enforcement inspection
• Complete Good Neighbor mailing (300-foot radius)
• Obtain permit and display requirements

Required Documents, Permits, Licenses, and Guidelines

Required Documents for STR Permit Application

1. Application Form

   • New applications: completed through CSS Portal
   • Renewals: PDF application must be completed and signed

2. Proof of Ownership/Authorization

   • Current Grant Deed, assessor record, or similar document
   • Letter of authorization from property owner if applicant is not owner

3. Site Plan

   • Property layout showing address, APN, zoning
   • Property boundaries and adjacent road locations
   • On-site parking spots with number and dimensions
   • Existing structures
   • Clearly labeled dwelling unit or portion proposed for STR use

4. Floor Plan

   • Interior layout showing address, APN
   • Labeled rooms (bedroom/bathroom/kitchen/closets/doors)
   • Location of fire extinguishers (2-A:10-B:C rating required)
   • Smoke alarm locations (one per bedroom, hallway, and floor)
   • Carbon monoxide alarm locations (one per floor and hallway)

5. Liability Insurance

   • Minimum $1,000,000 coverage
   • Must be maintained throughout permit duration
   • Can be general policy covering multiple properties

6. Rental Information Documentation

   • Short-term rental application/forms
   • Rules and regulations for renters
   • Contract terms
   • Occupancy, parking, and trash disposal requirements

7. Advertisement Information

   • New applications: draft advertisement including permit number, bedroom count, maximum occupancy, parking allowances
   • Renewals: all current advertisements being used

8. ADA Compliance Form (if applicable)

   • Required for 4-5 bedroom rentals occupied by property owner as residence

Required Permits and Licenses

1. Short-Term Rental Permit ($425 fee)

   • Valid for one year from issuance
   • Must be displayed inside and outside rental unit

2. Business Registration Certificate

   • Required to operate STR
   • Submitted through CSS Portal

3. Transient Occupancy Tax (TOT) Certificate

   • 10% TOT rate
   • Quarterly reporting and payment required

Specific Regulations for Short-Term Rentals

Permitted Property Types

• Single-family homes: Allowed with permit
• Duplexes: Allowed with permit
• Multi-family dwellings: Prohibited
• ADUs: Prohibited (except for existing permitted units)

Safety and Compliance Requirements

Interior Requirements

• Bedroom Standards: Minimum 7-foot widths, 7-foot 6-inch ceiling height
• Egress Windows: Minimum 5.7 sq. ft., 20-inches wide, 24-inches high, maximum 44-inches high
• Closet Space: Minimum 2-ft. depth, 10-sq. ft. floor area, permanent connection to structure
• Occupancy Limits: Maximum 2 beds per bedroom (one bedroom may contain maximum 3 beds)
• Smoke Detectors: Required in each bedroom and vicinity of sleeping areas
• Carbon Monoxide Detectors: Required on each floor and vicinity of bedrooms
• Fire Extinguisher: Minimum 2A:10B:C rating, annually serviced, properly mounted
• First Aid Kit: Required on-site in accessible location

Exterior Requirements

• Pool/Spa Safety: Two of seven safety measures required per CBC Section 3109
• Fire Pit Restrictions: No wood-burning fire pits allowed
• Barbecue Grills:
  • No charcoal grills permitted
  • No grills within 5 feet of structures or flammable materials
  • No grills under trees, umbrellas, decks, or other structures

Parking Requirements

• Parking Spaces: Minimum 9-ft. wide, 18-ft. deep
• Availability: All designated spaces must be unobstructed and available
• Standards: Must comply with EMC 30.54 (Off-Street Parking) for duplexes/single-family

Operational Requirements

Minimum Stay Requirements

• Hosted Units: No minimum stay requirement
• Non-Hosted Units: Three-night minimum stay required

Guest Check-In

• Hosted Units: May allow self check-in
• Non-Hosted Units: Required to check in guests

Advertising Requirements

• Must include City-issued permit number
• Must list bedroom number and maximum occupancy
• Must specify vehicle parking allowances

Enforcement and Compliance

Good Neighbor Mailing

• Required after permit approval but before issuance
• Send notification to all property owners within 300-foot radius
• Must complete certification of mailing form

Complaint Resolution

• Response Time: Operators must resolve complaints within one hour
• 24/7 Hotline: (760) 249-7767
• Emergency Contact: 9-1-1
• After Hours Non-Emergency: (858) 565-5200 (Sheriff's Department)
• City Hall Hours: (760) 633-2708 (Code Enforcement)

Tax Requirements

Transient Occupancy Tax (TOT)

• Rate: 10% of rental income
• Reporting: Quarterly submissions required
• Payment: Even if no rentals occurred during quarter
• Contact: cityhallcashier@encinitasca.gov or (760) 633-2654

Ongoing Compliance

Inspection Requirements

• Code Enforcement conducts inspections
• Must verify compliance with all safety and zoning requirements
• Unpermitted improvements can result in immediate permit failure

Permit Renewal

• Annual renewal required
• Complete application package required
• Review, inspection, and good neighbor mailing required for each renewal
• If renewal not received before expiration, new application required

Contact Information for Local Authority

Development Services Department

• Email: permits@encinitasca.gov
• Phone: (760) 633-2708
• Address: 505 S. Vulcan Ave., Encinitas CA, 92024

Finance Department (TOT Inquiries)

• Email: cityhallcashier@encinitasca.gov
• Phone: (760) 633-2654

Code Enforcement Division

• Online Complaint Form: Available through city website
• During City Hours (M-F 8:00 AM to 4:00 PM, closed alternating Fridays)
• After Hours: Sheriff's Department non-emergency (858) 565-5200

Ordinance Update Inquiries

• Project Planner: Charlotte Brenner, Associate Planner
• Email: cbrenner@encinitasca.gov
• Phone: (760) 633-2784

City Hours and Operations

• Main Office: (760) 633-2600
• Hours: Mon-Thu: 7:30 AM - 5:30 PM, Fri: 7:30 AM - 4:30 PM, Alternating Fridays Closed

Emergency Contacts

• 24/7 STR Hotline: (760) 249-7767
• Emergency: 9-1-1

Source Pages

• City of Encinitas STR Permit Information
• Short-Term Rental Permit Application
• Customer Self Service Portal
• Transient Occupancy Tax Information
• Short-Term Rental Viewer
• E-Zoning Map
• Business Registration
• Policy Planning - Short-term Rentals
• Code Enforcement Complaint Form

Important Note: The City has submitted Ordinance No. 2022-16 to the California Coastal Commission for consideration, which may impact future STR regulations, including numbers of permitted STRs and renewal requirements. Investors should monitor for updates to these regulations.