Fraud Alert (IC3): Phishing emails impersonating City officials for permit payment.The City of Encinitas will NEVER request payment via email, wire, cryptocurrency, or apps. Verify through CSS or call the City at (760) 633-2710
Stay tuned as the City works to finalize these updates and bring the new short-term rental regulations into effect. Sign up on the City’s Updates page to receive notifications regarding the City’s Short Term Rental Ordinance and upcoming meetings.
1. Reducing the three-night minimum stay to a two-night minimum stay for non-hosted short-term rentals.
2. Adding the two-night minimum stay requirement for non-hosted units to Chapter 30.50 of the Municipal Code.
On April 22, 2026, starting at 6:00 PM the City Council will hold a public hearing to consider the introduction of City Council Ordinance No. 2026-08 to adopt amendments to the City's Short-term Rental Ordinance as required by the California Coastal Commission.
Information on TOT can be found on the Transient Occupancy Tax webpage. The short-term rental regulations (EMC Ch. 9.38) require that applicants are up to date on their TOT reporting.
The Short-term Rental regulations were originally adopted by the City Council on July 19, 2006.
March 17, 2021 City Council Hearing
The City Council discussed concerns relating to short-term rentals and directed staff to initiate an ordinance amendment to Chapter 9.38 of the Encinitas Municipal Code regulating short-term rentals. The City Council recognized the complaints that the City had been receiving and the lack of enforcement options available to City staff to address the complaints. A "Short-term Rental Ad-hoc Subcommittee" was also created consisting of Deputy Mayor Kranz, Councilmember Lyndes, and City staff.
May 11, 2021 Short-term Rental Community Meeting
A publicly-noticed community meeting was held to obtain public feedback through an open forum discussion regarding the regulations of short-term rentals in the City, to review a pilot enforcement program, anticipated changes to Chapter 9.38, and a "Good Neighbor Policy." The video recording and presentation from the meeting are available below.
After analyzing the feedback received at the community meeting, and researching 17 other jurisdictions (including 16 coastal communities) regulations, staff presented draft municipal code changes to the City Council, in addition to four policy recommendations received from the subcommittee at a noticed public hearing. After oral communications concluded, the City Council provided direction to staff to return with an ordinance introduction. The City Council also requested that staff return with a future analysis and identifying the process involved for establishing a maximum number of short-term rental permits (based on a percentage, population and/or location), restrict the location of the unit (overconcentration within a particular location, zone, or neighborhood), and differentiate between a condominium versus duplex unit and consider whether the adjoining owner or tenant approve of the unit. The agenda report and video recording from this hearing can be viewed on the City's Agenda's and Webcast's page.
November 17, 2021 City Council Hearing
At the October 27, 2021 hearing, the City Council directed staff to make further refinements for the ordinance update to:
Define a "Hosted" and "Non-hosted" unit;
Clarify when inspections of the units can be conducted;
Allow for recreational vehicle parking subject to the City's current Municipal Code regulations;
A "Non-hosted" unit be required to check-in guests, whereas a "Hosted" unit may allow for guests to self check-in; and
Require a three-night minimum stay for a "Non-hosted" unit, whereas a "Hosted" unit is not subject to a minimum stay.
At the November 17, 2021 noticed public hearing, staff incorporated the City Council changes, and recommended additional changes to include adding the definition of a "duplex" that is applicable to the specific municipal code chapter, eliminate the previously-proposed prohibition regarding the use of lock boxes, electronic access devices, smart keys, or similar access components, and add a provision to grant existing permit holders a 90 day grace period to supply the City with updated application materials. The City Council also considered increasing the application and renewal fees from $150.00 to $425.00 for an 80% cost recovery. At the public hearing, the City Council requested a non-substantive change to the ordinance to remove the self check-in prohibition and unanimously introduced the ordinance update. The agenda report, draft ordinance, fee resolution, and video recording from this hearing can be viewed on the City's Agenda's and Webcast's page.
December 8, 2021 City Council Hearing
The City Council adopted the updates to the City's short-term rental regulations, which go into effect on January 7, 2022.
April 20, 2022 City Council Hearing
The City Council will receive a presentation from City staff regarding the data driven analysis and recommendations for next steps. The City Council requested staff return with this information at their October 27, 2021 hearing.
October 6, 2022 Planning Commission Hearing
The Planning Commission heard Municipal Code, Specific Plan, and Local Coastal Program amendments in proposed Draft City Council Ordinance No. 2022-16 and recommended City Council approval with modifications to the following:
Require the 200-foot radius for all non-hosted short-term rentals regardless of location within the City;
The Seabluffe non-hosted short-term rentals count towards the total percentage cap within the Leucadia community;
Reduced the citywide cap percentage from 3% to 2.5% and reduce the community cap within Leucadia, Old Encinitas, and Cardiff-by-the-sea from 5% to 4%.
December 14, 2022, City Council Hearing
The City Council adopted Ordinance No. 2022-15 and Ordinance No 2022-16 regarding Municipal Code, Specific Plan, and Local Coastal Program amendments regarding short-term rentals.
October 3, 2023
On October 3, 2023, the City submitted the Local Coastal Program Amendment to the Coastal Commission. Between November 2023, and June 2025, City staff collected additional data and information in coordination with Coastal Commission staff.
July 21, 2025
The Coastal Commission filed the City of Encinitas Local Coastal Program Amendment pertaining to Short-Term Rentals as complete. A one-year time extension was granted on October 14, 2025.
January 22, 2026
Coastal Commission staff recommended that the Coastal Commission approve the City's Local Coastal Program with a suggested modification. The suggested modification was to add the three-night minimum night stay requirements into Title 30, so the language would be incorporated into the Local Coastal Program.
The California Coastal Commission approved the Local Coastal Program Amendment, with one suggested modification, adding a two-night minimum stay for non-hosted short-term rentals. Before the Local Coastal Program Amendment can be effectively certified, the City must implement the amendment by way of Ordinance.
City staff will return to the City Council in the spring of 2026.
Experiencing an issue with a rental?
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) 868-3200.
