Santa Clara, CA Short-Term Rentals: Night Caps (2026)
Key Facts
- Unhosted day cap
- 90 days per calendar year
- Counted
- Aggregate across the calendar year
- Lease-up exception
- Up to 35% of new multi-family units
- Lease-up duration
- Two years from first Temp. C of O
- Lease-up approval
- Minor Use Permit required
- Governing section
- SCCC § 18.60.250(C)(2)(b)
Summary
An unhosted short-term rental in Santa Clara, meaning no host is present in the unit during the stay, is capped at 90 days per calendar year in the aggregate under Zoning Code Section 18.60.250. A separate carve-out lets up to 35 percent of units in a new multi-family building operate as short-term rentals for their first two years without hitting that cap.
Where a host is not present (unhosted), the dwelling unit may be occupied as a short-term rental no more than 90 days per calendar year in the aggregate. ... Notwithstanding Section 18.60.250.C.2.b, Short-term rentals are permitted in up to thirty-five percent (35%) of the units within a multi-family building for up to two years from the issuance of the first Temporary Certificate of Occupancy, subject to a Minor Use Permit.
Full Breakdown
Santa Clara's short-term rental ordinance sets a hard annual ceiling for any rental where the host is not present in the unit during the stay: no more than 90 days per calendar year in the aggregate, counted across the whole calendar year rather than per booking. That 90-day aggregate cap is what separates an unhosted rental from a hosted one, which faces no day limit at all under the same section. The City built one narrow exception into the cap. Notwithstanding the 90-day rule, short-term rentals are permitted in up to 35 percent of the units within a newly constructed multi-family building for up to two years measured from the date the building receives its first Temporary Certificate of Occupancy, and that lease-up arrangement requires approval of a Minor Use Permit from the Director rather than the standard Administrative Permit process.
Units rented under that carve-out are treated as hosted, avoiding the 90-day cap entirely, so long as a property manager is available within the multi-family building. 250 in full. The City Manager or a designee also has authority to issue administrative rules interpreting how the aggregate day count is tracked and enforced, and any short-term rental that does not fit the standard framework at all can instead be authorized through a Minor Use Permit approved by the Director.
Violations & Fines
Renting an unhosted unit beyond the 90-day aggregate cap operates outside the approved registration and violates Section 18.60.250, exposing the host to revocation of the short-term rental registration and any remedy otherwise available under the City Code, in addition to state or federal law violations tied to unpermitted occupancy. A property with an active compliance order or citation, or a revoked registration, in the prior 12 months cannot re-register.
Frequently Asked Questions
How many days a year can I rent my Santa Clara property if I'm not staying there?
Is there any way around the 90-day cap for a new apartment building?
Does the 90-day limit apply per booking or for the whole year?
Sources & Official References
Other rules in Santa Clara
California rules heatmap·Compare Santa Clara to another location·View the California short-term rentals overview
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Night Caps in Nearby Cities
How other cities in Santa Clara County handle night caps.