San Mateo Municipal Code Section 5.66.040 caps un-hosted (host not on-site) short-term rentals at 120 days per calendar year, beginning on the registration date. Hosted rentals, where the registered host is present on-site for the duration of the stay, have no annual day cap. Occupancy is also limited to two people per bedroom or ten people per property, whichever is less.
Under SMMC Section 5.66.040 (Operating Standards), a registered short-term rental dwelling unit may be rented as an un-hosted rental - meaning the registered host is not present on the property during the guest's stay - for no more than 120 days per year, measured from the date the rental was first registered. There is no annual day cap on hosted rentals, where the host remains on-site for the duration of the stay. Occupancy is capped at two persons per bedroom or ten persons per property, whichever is less. Properties with three or fewer bedrooms must provide at least one off-street parking space; four or more bedrooms must provide at least two. The host or designated local contact person must be available 24 hours a day, seven days a week, and must respond to neighborhood complaints within 60 minutes and take corrective action. Weddings, parties, corporate events, commercial functions, and similar gatherings that could create traffic, parking, or noise impacts are prohibited as part of any short-term rental use. Hosts must inform guests of the city's noise, trash, and parking ordinances. ADUs may not be used as short-term rentals at all. The City of San Mateo collects 12% Transient Occupancy Tax on every short-term rental stay. California has no statewide STR preemption, so the 120-day un-hosted cap is the binding rule inside the City of San Mateo.
Exceeding the 120-day un-hosted cap, hosting prohibited events, blowing the 60-minute local-contact response standard, exceeding occupancy or parking minimums, or operating during a registration suspension can trigger administrative citations, fines, registration revocation, and a 24-month bar on re-registration under SMMC 5.66.120.
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