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Sunnyvale, CA Accessory Structures: ADU Rental Restrictions (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Rule
Post-2020 ADUs cannot be short-term rentals
Pre-2020 ADUs
Allowed as STR if host resides on the lot
Urban lot split units
Chapter 19.78 units never allowed as STR
Governing sections
SMC 19.79.040(r) and 19.76.040(a)(5)
Ordinance
Ord. 3240-25, effective 4/8/2025

Summary

Sunnyvale bars any accessory dwelling unit approved on or after January 1, 2020 from ever being used as a short-term rental. Section 19.79.040(r) makes the ban a permanent condition of the ADU itself, cross-referenced against the short-term rental chapter regardless of who lives on the property.

Short-Term Rentals. An accessory dwelling unit approved on or after January 1, 2020, shall not be used as a short-term rental as regulated by Chapter 19.76 of this code.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4856529; v14 updated 2026-05-19).

Full Breakdown

Section 19.79.040(r) states plainly that an accessory dwelling unit approved on or after January 1, 2020 shall not be used as a short-term rental as regulated by Chapter 19.76. This mirrors and reinforces Section 19.76.040(a)(5), which draws the same line: ADUs approved on or after January 1, 2020 cannot host short-term rentals, but an ADU approved before that date may still be used as a short-term rental if the host resides on the lot containing the unit. Any dwelling unit created under Chapter 19.78 (dual urban opportunity units built on an urban lot split) is barred from short-term rental use outright, with no pre-2020 exception.

The restriction attaches to the ADU's approval date, not to the household's living arrangement, so a homeowner who otherwise satisfies the host-presence and primary-residence rules in Chapter 19.76 still cannot legally book short-term guests in a post-2020 ADU. The rule is meant to preserve newly created ADUs as long-term housing stock rather than allow them to be absorbed into the short-term rental market as soon as they are permitted.

Violations & Fines

Advertising or operating a post-2020 ADU as a short-term rental is treated as an unapproved short-term rental under Chapter 19.76: it does not qualify for hosted-rental approval under Section 19.76.050, and the city attorney may abate it as a public nuisance under Section 19.76.090.

Frequently Asked Questions

Can I list my new backyard ADU on Airbnb in Sunnyvale?
No, if the ADU was approved on or after January 1, 2020. Section 19.79.040(r) prohibits short-term rental use of any ADU approved on or after that date, with no exception for host presence.
Is an older ADU allowed to be a short-term rental in Sunnyvale?
Yes, if it was approved before January 1, 2020 and the host resides on the same lot that contains the unit. Section 19.76.040(a)(5) preserves that limited grandfather exception.
Can a unit built through an urban lot split be a short-term rental?
No. Section 19.76.040(a)(5) says any dwelling unit built under Chapter 19.78, which covers dual urban opportunity units on an urban lot split, cannot be used as a short-term rental regardless of approval date.

Sources & Official References

Other rules in Sunnyvale

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