San Diego County · checked 2026-09-13
Can you BnB it in Encinitas?
AllowedEncinitas allows short-term rentals in residential zones with an annual permit, a three night minimum for non-hosted stays, and no cap today. A buyer can keep an STR running by filing a new permit application within 14 days of the ownership change.
Proposed, not in effect: City Council Ordinance No. 2022-16 for short-term rentals has been submitted to the California Coastal Commission; once adopted it will impact numbers of STRs within the five communities, required renewal times, and other requirements, per the city page.
source. This page states adopted law only; a pending change is never written as current law.
The rules, with their sources
Permit or licenseA permit or license is required before operating.L19.38.030 · code text · checked 2026-09-13
Hosted onlyThe code does not limit rentals to hosted stays.L1EMC Chapter 9.38 (9.38.010 to 9.38.100); Ord. 2006-05; Ord. 2021-22. · code text · checked 2026-09-13
Primary residenceThe code does not require the rental to be the operator's primary residence.L1EMC Chapter 9.38 (9.38.010 to 9.38.100); Ord. 2006-05; Ord. 2021-22. · code text · checked 2026-09-13
Caps and limitsNo caps in the current code. A pending ordinance (2022-16, at the Coastal Commission) would impact numbers of STRs within the five communities per the city page; see pending.L1EMC Chapter 9.38 (9.38.010 to 9.38.100); Ord. 2006-05; Ord. 2021-22. · code text · checked 2026-09-13
Transfer when the home sellsThe application and permit apply only to the individuals named and are non-transferable (9.38.040(B)(12)), but within 14 days of a change of ownership or a conveyance that materially changes the ownership interest, a new application with fee must be filed to continue operating (9.38.040(D)). A change of ownership made to evade fines or a suspension or revocation is automatically denied. After a revocation, a new owner who demonstrates the property was sold may operate within the 12-month bar (9.38.070(B)(4)).L19.38.040(B)(12) · code text · checked 2026-09-13
Read the code text →
In the city's own words
9.38.030“No person shall rent, offer to rent, or advertise for rent a short-term rental without a valid short-term rental permit issued by the City pursuant to and in the manner provided for by this chapter.” source
9.38.040(B)(12)“The application and permit are only applicable to the individual(s) named on the application and are non-transferable.” source
9.38.040(D)“A request for change of ownership for the purpose of evading fines or the suspension or revocation of a permit will be automatically denied.” source
9.38.050(Z)“Non-hosted short-term rental units shall have a minimum night stay of three consecutive nights. This provision shall not apply to hosted short-term rental units.” source
Citation: EMC Chapter 9.38 (9.38.010 to 9.38.100); Ord. 2006-05; Ord. 2021-22.
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How this page was verified
Verified from the municipal code (level 1), checked on 2026-09-13 by the CanIBnB research desk. Research is AI assisted and human reviewed; the method, the level system, and the re-check schedule are on the How we verify page. If anything here is wrong, report it and it goes in the public corrections log.