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Complete Guide To Get A Vacation Rental License San Diego County, CA (North of San Diego) [UPDATED 2024]

Table of contents

Definition of Short-Term Rental (STR)

In North County cities of San Diego, a short-term rental is generally defined as the occupancy of a dwelling unit or part thereof for a period of less than one month (30 days).

Regulation Websites by City

For detailed information on Short-Term Rental (STR) regulations in specific North County cities, refer to the primary websites listed below:

  • Oceanside, CA STR Regulations Primary Website
  • Carlsbad, CA STR Regulations Primary Website
  • Encinitas, CA STR Regulations Primary Website

Licensing Requirements and Fees

Licensing requirements and associated fees for Short-Term Rentals vary among cities within North County, California.

Oceanside

  • STR permit fee: $250 (annual renewal required)
  • Initial property inspection fee: $119 (non-refundable)
  • All short-term (Airbnb) rental properties must hold a valid Transient Occupancy Tax (TOT) certificate.
  • Hosted properties must submit a signed Affidavit.
  • Owner is defined as the person(s) or entity(ies) holding legal and/or equitable title to the subject short-term rental.

Carlsbad

  • No cost for obtaining or renewing a permit.
  • Business license required for each short-term (Airbnb) vacation rental. Apply for a permit in person at the City of Carlsbad Finance Department or online here.
  • All businesses within the city limits must have a valid license.
  • Short-term vacation rental operators must obtain a business license and a short-term vacation rental permit before advertising their property, with annual renewals required.
  • Required documents for a Short-Term (Airbnb) Vacation Rental License / Permit include:
  • Business License (download application)
  • Permit
  • Impact Response Plan
  • Declaration Notification
  • The Business License Application may be completed online, and the other required documents can be submitted via email, mail, or in person to 1635 Faraday Ave, Carlsbad, CA 92008.

Encinitas 

Applicants in Encinitas are required to submit a short-term rental permit application to the City each year for every unit. Approved permits are valid for one year and are not transferable. A change in ownership necessitates a new application.

Fees:

  • New Application: $150
  • Renewal Fee: $150

Note: All fees are non-refundable.

The application fee, established by the City Manager, covers the cost of administering the chapter provisions and is kept reasonable. While the applicant may be the property owner or their agent, ultimate responsibility for compliance lies with the property owner.

  • Upon a change in ownership or significant details, a new Airbnb rental permit application is mandatory within 14 days. The property owner or their agent must submit the required application and fee promptly.
  • The term "Owner" refers to the individual with an interest in the property according to the property deed. All persons listed on the deed with ownership interests must sign the short-term rental permit application. Specific signing requirements apply based on property ownership structure:
  • If the property is held in a corporation’s name, the corporation’s duly-authorized agent shall sign the short-term rental permit application. Each owner shall be held jointly and severally liable for any violations  of the chapter.

LLC Ownership

Encinitas permits LLC ownership of short-term rentals.

Owning Multiple Properties

Owners of multiple properties can apply for individual Airbnb residential occupancy licenses for each property, and each must have its own permit license.

Taxes

Hosting platforms, such as Airbnb, may have agreements with the county to directly collect and remit taxes and fees. For example, Airbnb handles occupancy tax collection and remittance in California in collaboration with the county.

Taxation for Airbnb Listings in Oceanside, CA

Guests booking Airbnb listings in the City of Oceanside, CA, are subject to the following taxes as part of their reservation:

  • Transient Occupancy Tax: 10% of the listing price, including any cleaning fees, for reservations lasting 30 nights or shorter. For detailed information, please visit the Oceanside Transient Occupancy Tax website.
  • Tourism Marketing District Assessment: 1.5-2.5% of the listing price, including any cleaning fees, for reservations 30 nights or shorter. The tax rate depends on the listing type. For detailed information, please visit the Oceanside Transient Occupancy Tax website.

Taxation for Airbnb Listings in Carlsbad, CA

Guests booking Airbnb listings in the City of Carlsbad, CA, will incur the following taxes as part of their reservation:

  • Transient Occupancy Tax: 10% of the gross receipts, including any cleaning fees, for reservations lasting 30 nights or shorter. For detailed information, please visit the City of Carlsbad Finance website and the Carlsbad STVR Q & A page.
  • Carlsbad Tourism Business Improvement District Assessment: 2% of the listing price, including any cleaning fees, for reservations 30 nights or shorter. For detailed information, please visit the City of Carlsbad Finance website and the Carlsbad STVR Q & A page.

Occupancy Limits

Oceanside

  • Maximum overnight occupants: Two adults per bedroom plus two additional people per unit (including children).
  • Additional 10 daytime guests allowed between 7 am and 10 pm.

Carlsbad

  • Occupancy limited to 2 people per bedroom plus 1 person per unit.
  • Example: For a 2-bedroom home, maximum overnight occupancy is 5, including minor children.

Encinitas

  • Property owners or agents must limit overnight occupancy to a specific number, not exceeding two persons per bedroom plus one additional person per dwelling. All other applicable occupancy laws apply.

Responsible Agent

Hosts must designate a local contact responsible for actively discouraging and preventing any nuisance activity at the premises. The host or designated local contact must respond to complaints in person or by telephone within one hour and take prompt action to resolve the matter.

Zoning Information

To explore addresses within the cities of Oceanside, Carlsbad, and Encinitas, please refer to the respective zoning grid maps.

Oceanside Zoning Grid Map

Carlsbad Zoning Grid Map

Encinitas Zoning Grid Map

California State Regulations

New legislation in California aims to establish a state-run system for collecting and distributing transient occupancy tax (TOT) revenue from short-term vacation rentals. Senator Mike McGuire introduced Senate Bill 555, proposing a statewide TOT collection program administered by the California Department of Tax and Fee Administration for participating local jurisdictions.

Short-Term Rental (STR) Management Considerations

Oceanside

  • A property inspection is required as part of the STR permit application process. If no verifiable complaints or violations are received, inspections occur every three years.
  • A business license is mandatory for residential rental properties with five or more units.

Carlsbad

  • Short-term vacation rentals (STVRs) are limited to operating within the Coastal Zone.
  • Property owners violating municipal codes related to STVRs receive a Notice of Violation and must remedy violations within 10 business days. Failure results in Administrative Citations with fines escalating per violation.
  • Fine Schedule:
  • Administrative Citation #1: $100 per violation
  • Administrative Citation #2: $200 per violation
  • Administrative Citation #3: $500 per violation
  • Property owners can appeal citations within 30 days, accompanied by fine payment and necessary forms.
  • Dwelling units approved as affordable housing may not be used for short-term vacation rentals.

Encinitas

  • Short-term (Airbnb) rentals are not allowed in Accessory Dwelling Units (ADUs).
  • Adjacent property owners must be notified, providing a 24/7 contact number for the responsible party.
  • Rental agreements must specify permitted occupancy, parking capacity, and trash disposal requirements.
  • Property owners or agents must comply with all provisions of the Encinitas Municipal Code.