Short-term rental (Airbnb) rules in Del Mar, California
Only with a city STR permit, and new permits are on hold. Del Mar caps short-term rentals (30 days or less) at 129 citywide, and the 150 registered existing STRs already exceed that cap, so new owners can only join a waitlist. A new STR must be in your primary residence, with a 3-night minimum stay.
| What counts as an STR | Rental of 30 consecutive days or less [1] |
| Permit required | Yes, a City STR Permit [2] |
| Citywide cap | 129 STR permits (5% of dwelling units) [3] |
| Current availability | Waitlist only; 150 existing STRs exceed the cap [4] |
| Primary residence | Required for new STRs [5] |
| ADUs | STRs prohibited in an ADU in residential zones [6] |
| Per lot (single-family) | 1 STR [7] |
| Minimum stay | 3 consecutive nights [8] |
| Max occupancy | 2 per bedroom + 2 [9] |
| Local contact response | 24/7, within 30 minutes [10] |
| Permit term | 2 years, renewable [11] |
| Liability insurance | $1,000,000 minimum [12] |
Permit and cap
Any rental of a home or part of one for 30 consecutive days or less is a short-term rental (STR) [1], and you need a City STR Permit to rent, offer or advertise one [2]. Del Mar caps permits at 129 citywide [3]. The city confirmed 150 registered Existing STRs, more than the cap, so new owners can't apply now. They can join the city's waitlist, and permits open up first-to-apply as existing permits end [4]. The Coastal Commission certified the ordinance on February 5, 2026. The application window for existing STRs closed May 1, 2026.
Who can get a permit
- New STRs must be in the owner's primary residence, where the owner lives more than six months a year [5]. Corporations and most business entities can't hold new permits. An LLC, LP or LLP owned by individuals can, if a member lives in the home.
- One permit per owner, and one STR per single-family lot, counting any ADU on the lot [7].
- STRs are not allowed in an ADU in residential zones [6], in deed-restricted affordable units, or in garages, RVs or tents.
- Neighborhood caps apply. The Hills neighborhood (R1-5, R1-10, R1-14, R1-40 and other zones) can hold at most 15% of all STRs.
- A permit ends when the property is sold and can't be transferred.
Operating rules
- 3-night minimum stay [8].
- Occupancy of up to 2 people per bedroom plus 2 [9].
- Guest hours 8 a.m. to 10 p.m. Weddings, parties and similar events are banned. The lead renter must be at least 25.
- An owner or local contact must be reachable 24/7 and respond to complaints within 30 minutes [10].
- Post the permit inside the entry door and an 8.5x11-inch exterior notice. Every ad must show the permit number. Smoke and CO alarms, fire extinguishers and first-aid kits are required.
- Collect and remit transient occupancy tax.
Application
Permits last two years and must be renewed [11]. You'll need proof of primary residence, HOA consent or a no-CC&R acknowledgment, a parking plan and floor plan, a self-certification safety inspection, and at least $1,000,000 of liability insurance [12]. Fees are set by City Council resolution and aren't stated in the code.
See how Del Mar compares with 8+ other California towns on short-term rentals (airbnb / vrbo) →
Next steps
- Add your name to the city's STR Permit Waitlist on the Planning & Community Development Short-Term Rentals page.
- When contacted, submit a complete STR Permit application within 30 days, with proof of primary residence (two documents), a deed or title report, HOA consent, your rental agreement, site and floor plans, and the self-certification safety inspection.
- Show proof of at least $1,000,000 in liability insurance and name a 24/7 local contact who can respond within 30 minutes.
- Once permitted, register for TOT remittance and put the permit number on every listing.
Common questions
- Are short-term rentals legal in Del Mar, California?
- Only with a city STR permit, and new permits are on hold. Del Mar caps short-term rentals (30 days or less) at 129 citywide, and the 150 registered existing STRs already exceed that cap, so new owners can only join a waitlist.
- What are the rules for a new short-term rental in Del Mar, California?
- A new STR must be in your primary residence, with a 3-night minimum stay.
- Can I use my ADU as an Airbnb in Del Mar, California?
- No. STRs are prohibited in an ADU in residential zones.
California state rules for short-term rentals
California has no statewide short-term rental license or registry. Your city or county decides whether and how you can rent on Airbnb or VRBO, including permits, caps, primary-residence rules and minimum stays.
Taxes: cities and counties may levy a transient occupancy tax (TOT) on stays of 30 days or less (Rev. & Tax. Code §7280). Rates and registration are local, and the county rate applies only in unincorporated areas.
New platform reporting law: since January 1, 2026, a city or county can adopt an ordinance requiring platforms like Airbnb and VRBO to report the address of each short-term rental (Gov. Code §50990 et seq., SB 346). Where a city has opted in, listings must also show the local license number and TOT certificate.
ADUs and SB 9 units: state law lets cities require that ADUs be rented for 30 days or longer. It requires that for by-right ADUs, junior ADUs and units built under SB 9 lot splits (see ADUs).
Coastal zone: in a December 2016 letter, the Coastal Commission said:
- STR rules in the coastal zone must be adopted through the city's Local Coastal Program or a coastal development permit, and bans adopted any other way are likely not enforceable there.
- The Commission has not historically supported blanket STR bans, finding they unduly limit public access to the coast.
- It has supported reasonable limits, such as caps on the number of rentals, occupancy limits, and limits on which housing types can be rented.
What the ordinance says
- Sec. 30.96.020, "Short-Term Rental (STR)", Municipal Code Chapter 30.96 - Short-Term Rentals, p. 1
means, unless otherwise exempt under Section 30.96.025 of this Chapter, the rental of a dwelling unit, or any portion thereof, for dwelling, lodging, or sleeping purposes, for a period of 30 consecutive calendar days or less.
- Sec. 30.96.030(C), Municipal Code Chapter 30.96 - Short-Term Rentals, p. 1
No person shall rent, offer to rent, or advertise a STR without a valid STR Permit.
- Sec. 30.96.050(B), Municipal Code Chapter 30.96 - Short-Term Rentals, p. 1
The maximum number of STR Permits issued by the City shall be limited to 129 STRs, which is equivalent to five percent of the total number of dwelling units located in the City based on the 2020 United States Census data.
- Short-Term Rentals page, Waitlist for New STR Owners, Short-Term Rentals (Planning page), p. 1
New STR owners are not eligible to apply for a permit due to the citywide cap of 129 STRs. The City will maintain a STR Permit Waitlist to manage interest in STR Permits.
- Sec. 30.96.060(A)(2), Municipal Code Chapter 30.96 - Short-Term Rentals, p. 1
New STRs that are not within a Primary Residence shall be prohibited.
- Sec. 30.96.060(A)(3)(c), Municipal Code Chapter 30.96 - Short-Term Rentals, p. 1
An Accessory Dwelling Unit located in residential zones.
- Sec. 30.96.060(A)(4)(a), Municipal Code Chapter 30.96 - Short-Term Rentals, p. 1
Maximum of one STR per lot developed with one dwelling unit, including lots developed with one primary dwelling unit and ADU development.
- Sec. 30.96.070(B), Municipal Code Chapter 30.96 - Short-Term Rentals, p. 1
Minimum Night Stay. STRs shall have a minimum night stay of three consecutive calendar nights.
- Sec. 30.96.070(C), Municipal Code Chapter 30.96 - Short-Term Rentals, p. 1
Owner shall limit overnight STR occupancy to a specific number of occupants, not to exceed two persons per Bedroom plus two additional persons per dwelling unit.
- Sec. 30.96.070(E), Municipal Code Chapter 30.96 - Short-Term Rentals, p. 1
Complaints received from the City, the Sheriff's Department, or a resident must be addressed within 30 minutes of receipt of the complaint.
- Sec. 30.96.030(D), Municipal Code Chapter 30.96 - Short-Term Rentals, p. 1
A STR Permit shall be valid for a period of two years from the date of issuance, and must be timely renewed prior to the STR Permit expiration date every two years thereafter to maintain a valid STR Permit for STR operations.
- Sec. 30.96.040(F), Municipal Code Chapter 30.96 - Short-Term Rentals, p. 1
Evidence of property liability insurance in the amount of at least $1,000,000.00, combined single limit, which insurance shall be maintained during the entire term of any STR Permit issued by the City.