Santa Clara, CA Short-Term Rentals: Primary-Residence-Only Rule (2026)

250(C)(2) (Annual Limit) sets a two-track system built around whether the host occupies the rental as a primary residence. Where the host is present within the unit, the dwelling may operate as a short-term rental for an unlimited number of days per calendar year. Where a host is not present, meaning the unit is not being used as anyone's primary residence during the stay, the dwelling may be rented no more than 90 days per calendar year in the aggregate. 080, defines "Host" as a person who occupies as his or her primary residence the same residential dwelling unit as the short-term rental, and "Hosted" as the host having a physical presence at that primary residence for the entire rental period.

250(C)(2)(c), an ADU short-term rental counts as hosted, and therefore has no 90-day cap, if the primary unit on the same lot is owner-occupied, even though the host does not sleep in the ADU itself. Every short-term rental, hosted or not, must first obtain an Administrative Permit for Short-Term Rentals and a valid City Business License before advertising or renting, and must designate a local contact person available 24/7 who must respond on-site within 60 minutes to complaints. 25, and automatically expire on sale or transfer of the property, since approvals are personal to the host and not assignable.