Short-term lodging is the rental of a dwelling unit for 29 or fewer consecutive days regulated by Municipal Code Section 17.28.292, and Chapter 3.24, Transient Occupancy. Short-term lodging uses require a permit and an operating license. There are two types of short-term lodging uses: Short-Term Lodging Units (STLUs) and Short-Term Apartment Rentals (STARs).
Maps and Applications
Short Term Lodging Units
Short-term Lodging Units (STLUs) are allowed in certain mixed use and multi-family residential zones. STLUs are lodging units used on a short-term basis (under 30 calendar days), other than a hotel, motel, or bed-and-breakfast inn. STLUs are allowed if less than 20 percent of housing units are permitted for short-term lodging uses, a one-time $140 STLU Zoning Permit is approved, and an annual Operating License is issued (a form of business license) that costs $105 each year. STLUs are limited to a single rental contract and must operate according to zoning standards in Municipal Code Section 17.28.292. The STLU Zoning Permit expires if any of the following occurs: 1) property ownership changes, 2) the use of the property for short-term rentals ceases for a period of one year, 3) the STLU Operating License is not renewed, or 4) the STLU Operating License is revoked.
Short Term Apartment Rentals
The City allows short-term lodging on parcels outside of the STLU allowed areas if:
- The property is a multi-family residential structure under single ownership.
- The owner or the owner’s trained and qualified property manager lives on-site in a unit while short-term lodging occurs in up to five other units on the same parcel.
- The property is separated by 300 feet from other STARs and STLUs and operates according to standards in Municipal Code Section 17.28.292.
- The property obtains an approved STAR Permit.
- The property obtains an Operating License.
This form of short-term lodging is known as a Short-Term Apartment Rentals (STARs). To allow a STAR, Zoning Administrator approval of a $536 one-time STAR permit is required, and an annual Operating License that costs $105 each year.
The STAR Permit is a one-time permit that expires if any of the following occurs: 1) property ownership changes, 2) the use of the property for short-term rentals ceases for a period of one year, 3) the Operating License is not renewed, 4) the Operating License is revoked, or 5) the property ceases to be the STAR owner’s primary residence.
Coastal Access Alliance Settlement Agreement
Based on the terms of the settlement agreement in San Clemente Coastal Access Alliance et al. v. City of San Clemente, et al., qualified operators of a STLU may apply for an amortization extension. The term “Qualified STLU Operator” shall mean an individual or entity that, on June 16, 2018, based on current City records:
- Possessed a valid STLU operator permit to operate a STLU located in a Residential Low (“RL”) or Residential Very Low (“RVL”) zone;
- Possessed a valid STLU operator permit to operate a STLU located in the Coastal Zone;
- Had timely paid all Temporary Occupancy Tax (TOT) payments due and owing as of June 16, 2018; and
- Has not committed sufficient violations of the San Clemente Municipal Code to cause the City to initiate revocation proceedings under San Clemente Municipal Code Section 3.24.067(A).
For more information on the settlement agreement, please refer to the April 21, 2020 City Council Agenda Report. Eligible property owners may complete an application form for a Qualified STLU Operator Amortization Extension. Applications must be submitted to the City by Monday, July 27, 2020.