Overview: Are STRs allowed in Del Mar, CA?

Short-term rentals are conditionally allowed in Del Mar, but the regulatory framework is highly constrained and undergoing a critical transition. The City Council adopted the STR Regulations Ordinance on September 23, 2024. The ordinance sets a citywide cap of 129 STRs (5% of total dwelling units), accommodates all registered “existing STRs,” and will only become effective upon certification by the California Coastal Commission (CCC). Certification is expected in late 2025. Until then, new STRs are not permitted in residential zones under existing zoning regulations. Permits for “new” STRs cannot be issued until room exists under the citywide cap of 129. Owners must register existing STRs by December 31, 2024, and apply for a permit within 60 days after the ordinance takes effect.

Del Mar’s regulatory environment is shaped by its location in the California coastal zone, which means all STR zoning changes (ordinances amending the Municipal Code and Local Coastal Program) require CCC certification before taking effect. This requirement underpins the pending status of the adopted ordinance and the current regulatory ambiguity.

Current Zoning and Permitted Uses (Until New Ordinance Takes Effect)

Under current zoning (Title 30 of the Del Mar Municipal Code), STRs are only permitted in commercial zones:

• Residential-Commercial (RC) and Visitor Commercial (VC) zones.
• Additional commercial zones include Central Commercial (CC), North Commercial (NC), Professional Commercial (PC), Hotel Specific Plan, and the 941 Camino del Mar Specific Plan.
• STRs are also allowed as provided by development entitlement (e.g., Wave Crest Resort Time Shares and L’Auberge Vacation Villas).

STRs are not permitted in any residential zones under existing regulations. Until the new STR ordinance is certified by the CCC, new STRs remain restricted to commercial zones per Title 30.

How to Start a Short-Term Rental Business in Del Mar

Del Mar’s market is not currently open to launching new STRs in residential zones, and the pending ordinance limits the total number of STRs citywide to 129. Potential pathways:

1. Existing STR Operator (High-Risk/High-Priority)

• Register your existing unit by December 31, 2024, using the City’s registry.
• Prepare to apply for a City STR permit within 60 days of CCC certification (expected in late 2025).
• Ensure compliance with life-safety, zoning, and municipal code requirements.

2. New Operator in Commercial Zones (Possible, Subject to Existing Zoning)

• Confirm the property is in a zone where STRs are permitted (RC, VC, CC, NC, PC, Hotel Specific Plan, or 941 Camino del Mar Specific Plan).
• Verify any required development entitlements or coastal development permits for your property type and scope of use.
• Obtain a business license and register for transient occupancy tax (TOT) with the City. Note: detailed TOT instructions are not provided in the referenced sources.
• Monitor changes post-CCC certification, as the citywide cap may constrain issuance of new permits once the cap is reached.

3. Acquisition/Portfolio Strategy (Limited by Cap and Coastal Commission Review)

• Expect tight cap management (129 units). The City has indicated 162 existing STRs have registered, and the City is confirming eligibility for these. Until capacity exists under the cap, new permits will not be issued.
• Coastal Commission oversight will be ongoing; any future changes to the cap would require City Council and CCC approval.

Required Documents, Permits, Licenses, and Guidelines

The following requirements apply or will apply per the adopted ordinance and City information:

• STR Registration (Existing Operators): Due by December 31, 2024. Registration includes a self-certification document attesting that the unit complies with all STR regulations and applicable laws, rules, and regulations relating to life safety.
• STR Permit: Required once the ordinance takes effect upon CCC certification. Application period opens upon effective date; existing registrants must apply within 60 days. The ordinance establishes protocols for permit issuance, operations, TOT payment, and enforcement.
• Zoning Confirmation: Property must be in a zone that allows STRs. Under current regulations, only commercial zones permit STRs (RC, VC, CC, NC, PC, and specified specific plans). Under the new ordinance, STRs will be defined as rentals for less than one month and will accommodate existing STRs up to the 129-unit cap.
• Life-Safety Self-Certification: Required as part of registration/permit application.
• Business License: Likely required before operating. Not explicitly detailed in the provided sources; confirm with Planning & Community Development.
• Transient Occupancy Tax (TOT): Registration and payment are required. Ordinance references TOT obligations; details on tax rates and filing are not present in the referenced sources.
• Coastal Development Permit (CDP): May be required depending on property location and scope of improvements. If the STR is contained entirely within or attached to an existing single dwelling unit, it may be exempt; confirm with the City.
• Good Neighbor Policy and Tenant Disclosures: The ordinance requires disclosure of recycling/organics and trash regulations, along with other STR rental regulations and a Good Neighbor Policy.
• Hold Harmless/Indemnity Agreement: Required in the permit section.
• CEQA Compliance: The ordinance’s adoption includes a Notice of Exemption under CEQA (Statutory Exemption 15061(b)(3)), indicating no change in baseline environmental conditions.

Specific Regulations (City of Del Mar)

• Citywide Cap: 129 STRs (5% of total dwelling units based on 2020 U.S. Census data). Permits for new STRs will not be issued if the cap is reached.
• Existing STR Accommodation: All “existing STRs” that meet the ordinance definition and register by the deadline are to be accommodated once the ordinance becomes effective.
• Registration Deadline: December 31, 2024.
• Permit Application Window: 60 days after the ordinance takes effect (upon CCC certification).
• New STR Requirements: Property owners must agree to occupy the unit as their primary residence for at least half the year; STR use is allowed year-round; owners are not required to be present during tenant occupancy.
• Stay Duration: The ordinance defines STR rentals as less than one month.
• Operations and Enforcement: Protocols for permit issuance, operations, TOT payment, and enforcement will be established by the ordinance.
• Future Cap Increases: Would require City Council and CCC approval.

Key deadlines:

• December 31, 2024: Existing STR registration deadline.
• Upon CCC certification (expected in late 2025): Ordinance becomes effective.
• Within 60 days of effective date: Existing registrants must apply for STR permits.

County and State Regulations (Contextual Reference)

• County (San Diego): The sources do not provide specific San Diego County STR regulations beyond the City’s municipal rules. Investors should verify county-level requirements directly with the County if the property is outside City limits or if county permits/regulations may apply.
• State of California: As a Coastal Commission-certified LCP amendment, the City’s STR ordinance must receive CCC certification to become effective. This state-level oversight is central to Del Mar’s STR regulatory timeline and compliance. The ordinance includes a CEQA Notice of Exemption (Statutory Exemption 15061(b)(3)), confirming no significant environmental effects.

Zoning Tools and Compliance Aids

• Use Del Mar’s Public Map Viewer to confirm zoning for any property under consideration.
• Under the new ordinance, Good Neighbor Policy disclosures, recycling/organics and trash regulations, and a hold harmless/indemnity agreement are required as part of STR operations.

Contact Information (Local Authority)

• Planning & Community Development Department
• Email: planning@delmar.ca.us
• City Hall Main Line: 858-755-9313
• Address: 1050 Camino Del Mar, Del Mar, CA 92014

Additional contact for STR registration and permit process:

• Amanda Lee, Principal Planner
• Phone: 858-704-3645
• Email: alee@delmar.ca.us

Enforcement Notes and Practical Guidance

• The City will procure third-party vendors for implementation and enforcement and set permit fees to allow for cost recovery.
• Until CCC certification, new STRs remain constrained by the current zoning code and coastal requirements. Prospective operators should prepare documentation early (life-safety certifications, zoning confirmations, business licensing) and monitor CCC certification progress for issuance timelines.

Source Links (for verification and updates)

• Short-Term Rentals – City of Del Mar (official information portal): www.delmar.ca.us/563/Short-Term-Rentals
• News Flash: Council adopts short-term rental ordinance (City announcement): www.delmar.ca.us/CivicAlerts.aspx?AID=999
• KPBS article: Del Mar City Council passes regulations to cap short-term rentals at 129 units: www.kpbs.org/news/politics/2024/09/13/del-mar-city-council-passes-regulations-to-cap-short-term-rentals-at-129-units
• CEQA Notice of Exemption – Short Term Rental Regulations Ordinance: ceqanet.lci.ca.gov/2024100073
• Allura Homes: Comprehensive Guide to STRs in Del Mar (secondary summary): www.allurahomes.com/shortterm-rental-regulations/comprehensive-guide-to-operating-an-airbnb-or-short-term-rental-in-del-mar-california

Disclaimer: This guide is an informational summary for investors and does not constitute legal advice. Always verify current requirements directly with the City of Del Mar Planning & Community Development Department and the California Coastal Commission before making investment decisions.