Santa Clara County, CA Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Minimum rental term
- 30 days
- Applies to
- ADUs, JADUs, tiny homes
- Enforced by
- county code enforcement
- Coverage area
- unincorporated county only
Summary
Accessory dwelling units on unincorporated Santa Clara County land cannot be rented for less than 30 days, ruling out nightly or weekly short-term rental use of any standard ADU, junior ADU, or movable tiny home.
5.Accessory dwelling units shall not be rented for terms shorter than 30 days.C.Attached Accessory Dwelling Units. An attached accessory dwelling unit is a standard accessory dwelling unit that shares a roof, a foundation, and a common wall of at least eight horizontal feet with the primary residence. It also includes a dwelling unit located entirely within the living area of the primary residence. Attached accessory dwelling units are subject to all of the following provisions:1.Legally established primary residences that are 1,600 square feet or less, shall be allowed to have an attached ADU of no more than 800 square feet (Government Code section 65852.2(c)(2)(C)). Primary residences that are 1,601—2,400 square feet shall be allowed to have an attached ADU of no more than 50 percent of the legally established primary residence (Government Code section 65852.2(a)(1)(D)(iv)). Legally established primary residences exceeding 2,400 square feet shall be allowed to have an attached ADU of no more than 1,200 square feet (Government Code section 65852.2(c)).2.Shall be setback at least four feet from side and rear lot lines, and shall be subject to the same front yard setback as the primary residence, with the exception of conversions as stated in subsection 4.10.015(H).3.Shall not exceed 16 feet in height if the dwelling unit does not comply with the setback limitations for a single-family residence, prescribed by the applicable zoning district.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Zoning Ordinance Section 4.10.015(B)(5) sets a flat 30-day minimum rental term for accessory dwelling units, applying to standard ADUs, junior ADUs, and movable tiny homes alike since all three fall under the same use classification. The restriction sits among the section's general provisions that apply to every ADU type regardless of attached, detached, or converted status. It targets vacation-rental and Airbnb-style use of what the county treats as long-term housing stock rather than lodging, consistent with the section's stated intent to provide affordable housing for family members, in-home caregivers, students, and others.
Violations & Fines
Renting an ADU for a term under 30 days is a zoning violation subject to county code enforcement citation and can jeopardize the underlying ADU building permit.
Frequently Asked Questions
Can I list my county ADU on Airbnb?
Does this rule apply inside San Jose or Cupertino?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California accessory structures overview
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