All owners of short-term rentals are required to obtain a short-term rental permit and collect and submit the Transient Occupancy Tax (TOT) to use their property for STR purposes. The City ensures that Short-Term Rentals comply with all regulations, and that they do not become a nuisance to the community, or threaten the public’s health, safety or welfare.

A short-term rental permit is required for any entity which rents a single-family home or duplex for 30 consecutive days at a time or less. The Short-Term Rental Permit is required before a homeowner may operate a STR.

Note: Multi-family dwellings may not be rented short term.

Note: Short-Term Rentals are also prohibited within Accessory Dwelling Units (ADUs). The City does have several existing, legally-operating ADU STRs that were allowed to continue when the STR Ordinance was adopted. If those permits ever expire, the STR use will be prohibited moving forward.

Application: Short-term rental permits are applied for online through the Customer Self Service (CSS) Portal. CSS account registration is required in order to complete the application. New  CSS accounts are approved within 24 business hours of the registration. Once your account is approved, you can log in to apply for a permit.  

Short-term Rental Permit application information, fees, and frequently asked questions can be found on the Applications and Information webpage under the Regulatory Permits heading. 

Required Documents:

1.  Application Form- For a new application, the application module in CSS serves as the application form. For renewals, the pdf application must be completed and signed. 
2. Proof of Ownership and/or Owner Permission- A current Grant Deed, assessor record, or similar document shall be submitted as proof of property ownership. A letter of authorization from the current owner shall be submitted if the applicant is not the property owner.  
3. Site Plan- This shows the layout of the entire lot. Identify address, APN, zoning, property boundaries, location and names of adjacent road(s), location/number/dimensions of on-site parking spots, and existing structures. Clearly label the dwelling unit, or portion thereof, proposed to be used as a short-term rental.
   Note: Please note that the property must provide parking onsite consistent with        the standards in EMC 30.54 (Off-Street Parking) for a duplex or single-family for          the short-term rental use.
4. Floor Plan- This shows the interior layout of the dwelling. Identify address, APN, floor plan layout of dwelling unit proposed for the short-term rental, label uses such as bedroom/bathroom/kitchen/closets/doors. Clearly label the dwelling unit areas, or portions thereof, proposed to be used as the short-term rental. Identify the location of all fire extinguishers (one per kitchen and required size: 2-A:10-B:C), smoke alarms (one every bedroom, hallway leading to bedrooms, and one per floor), and carbon monoxide alarms (one per floor and hallway leading to bedrooms) on the floor plan. 
5. Liability Insurance- Provide a copy of the liability insurance for the property in an amount of at least $1,000,000.00. The liability insurance is required to be maintained during the length of the permit. 
   Note: If the STR is within a general policy, then a copy of that shall be provided            in-lieu of the individual policy.
6. Rental Information- Copies of the short-term rental application, forms, rules and regulations, or contract which will be used to allow the short-term renter to occupy the property. Include details regarding expectations/requirement for occupancy, parking, and trash disposal. 
7. Advertisement Information- For a new application, provide the draft advertisement for the short-term rental which shall include the City issued permit number, bedroom number, maximum occupancy, and vehicle parking allowances. Renewal applications must provide any/all advertisements being used.
8. Tile 24 ADA Compliance Form-  Required if the rental has four or five bedrooms being rented and is occupied by the property owner as their residence.

Gather and save the required documentation to your computer or electronic device before proceeding with the application in CSS. Launch the application by logging in to your CSS account, clicking Apply, and choosing the Short-Term Rental Permit application.

This will open a six step application module that prompts for different information in each step. The required attachments will get uploaded during step five and the $425 application fee is invoiced automatically upon submittal. The application cannot be processed until the application fee is paid. Payment can be made through the CSS portal with a debit card, credit card, or e-check.

Business Registration: A business registration is required to operate a short-term rental pursuant to Encinitas Municipal Code Section 9.38.040.A. This application is also submitted through the CSS Portal and should be processed concurrently with the short-term rental permit application. City staff will verify that a business registration application has been submitted for the short-term rental as part of the short-term rental permit review process. 

What to expect from the application review process

Short-Term Rental Permit applications get reviewed by Planning, Code Enforcement, and Finance. These reviews happen concurrently with all three departments during an approximately two-week review cycle. A failed review and subsequent correction will result in additional review cycles until all three departments are passed.

Inspection: Code Enforcement contacts the applicant to schedule the site inspection. They will be looking for the following items in their inspection:

Interior

• Property configuration is consistent with City and/or County records. 
• Bedrooms: Each bedroom/sleeping quarter(s) must contain the following items: 
  • Compliant Room Dimensions: minimum 7-foot widths and 7-foot 6-inch ceiling height. 
  • Compliant Egress Window: minimum of 5.7 sq. ft., 20-inches wide, 24-inches high, & no more than 44-inches high.
  • Compliant Closet Space: minimum of 2-ft. in depth, 10-sq. ft. in floor area, and maintains positive/permanent connection to the structure.
• Excessive Occupancy: No more than 2-beds in each bedroom, provided only 1-bedroom may contain a maximum of 3-beds. 
• Smoke Detectors: At least one (1) operational smoke detector in each bedroom/sleeping quarter AND one (1) operational smoke detector within the vicinity of the bedrooms/sleeping quarters (i.e., hallway). 
• Carbon Monoxide detectors: At least one (1) operational carbon monoxide detector on each floor AND within the vicinity of the bedrooms/sleeping quarters (i.e., hallway). 
• Fire Extinguisher:  
  • Shall be a minimum rating of 2A:10B:C. & multi-purposed dry-chemical type. 
  • Shall be located in a cabinet or closet, with signage permanently affixed to the exterior of the door OR mounted on the wall at point between 3’-6” and 5’-0” above floor level, in a location that is clearly visible and readily accessible. 
  • Shall be serviced on an annual basis. The service provider will affix an official date-punched tag to the extinguisher indicating the date of service OR if a new fire extinguisher is purchased, the receipt indicating date of purchase shall be affixed to the body of the extinguisher.
• First Aid Kit: Onsite in an accessible location.

Exterior

• (If Applicable) Pool/Spa Safety Measures: Ensure 2 of 7 pool safety measures are installed pursuant of CBC Section 3109.
• No wood burning fire pits on property. 
• No charcoal burning barbecue grills on property. 
• No barbecue grills under flammable sources such as trees, umbrellas, decks, and other appurtenant structures. 
• No barbecue grills are allowed within 5-feet of a structure or any flammable materials. 
• Parking Spaces: Each designated parking space shall be a minimum of 9-ft. wide and 18-ft. in depth. All designated parking spaces shall be unobstructed and available for use. 
  

Note: If the Code Enforcement Officer finds unpermitted improvements this  can result in the immediate failure of the STR Permit.  It is important to submit building permits and correct any unpermitted improvements prior to the submittal of the STR permit.  

Pre-Issuance Step - Good Neighbor Mailing

The good neighbor letter must be sent to all owners of property within a 300-foot radius of the short-term rental property after permit approval and prior to the issuance of the permit. The good neighbor letter, a list of the names and addresses to send it to, and a certification of mailing form are added to the permit attachments after permit approval. Email notification is sent when they are available for download from the CSS Portal. After the mailing is done, the signed certification of mailing form is submitted through the CSS Portal to complete this step. The permit can be issued after the good neighbor mailing is completed. 

Permit Issuance

An email notification is sent to the applicant when the permit is issued. The applicant can then access the permit document to print through the CSS portal. The short-term rental permit document is required to be displayed on the interior and the exterior of the rental unit.

The short-term rental permit is valid for one year from its issuance date. A renewal notice is sent via email about two months prior to the expiration date on the permit. Renewal of the permit requires a complete application document package submittal as detailed on the Fees & Information sheet. This gets uploaded and submitted to the Attachments tab of the existing Permit Details page (accessible from the CSS Dashboard). The review, inspection, and good neighbor mailing steps outlined above are completed for each renewal. When the renewal application is approved, the expiration date on the permit will be extended by one year. 

Note:  If the renewal application and fee payment are not received before the expiration date on the existing permit, a new application needs to be submitted through the CSS portal.

The City of Encinitas TOT rate is 10 percent. TOT gets reported and paid quarterly. TOT amounts must be reported even if no short-term rentals have occurred during a quarter. Please visit the Finance department webpage for more information about TOT. 

Questions about TOT can be directed to the City Hall cashier in person during normal office hours, via email at cityhallcashier@encinitasca.gov or by calling 760-633-2654. 

Please refer to the Policy Planning webpage regarding past and pending short term rental ordinance updates. 

Note:  The City has submitted a new City Council Ordinance No. 2022-16 for short-term rentals to the California Coastal Commission for consideration.  Once adopted, this will impact numbers of STRs within the five communities, required renewal times as well as other requirements. 

The Short-term Rental Viewer is updated on a bi-weekly basis and displays all permitted STRs Citywide.

Call the City's 24/7 Hotline: (760) 249-7767

You may also contact the rental units 24/7 contact person. The 24/7 contact information can be found on the permit which is required to be displayed in a visible location during the rental unit period or on the short-term rental permit viewer. The short-term rental operator is required to resolve any complaints or issues that may arise during a rental period within one hour of receiving a complaint pursuant to EMC Section 9.38.050(D). 

If there was a failure to respond during regular City Hall operating hours (M-Fr 8:00 AM to 4:00PM; closed alternating Friday’s), then please contact the City’s Code Enforcement Division by completing the online complaint form. 

If there was a failure to respond during non-regular City Hall operating hours (4:00 PM to 8:00 AM), then please contact the Sheriff Departments non-emergency line at (858) 565-5200. 

In case of an emergency, please call 9-1-1 

Contact the Development Services Department at permits@encinitasca.gov or (760) 633-2708.