Sunnyvale Short-Term Rental Ordinance
Ordinance Components Current STR Ordinance Notes, Council Comments 9/14/21 Options to consider Intent Maintain adequate housing stock
Preventing nuisance or threats to public
safety or welfare
Same
Zoning STRs generally prohibited with the exception
of hosted stays pursuant to ordinance
Hosted only
Use
Approval/Registration
CDD Director’s Approval required with one-
time registration
Consider annual registration
requirement to re-emphasize STR
requirements yearly
Consider annual educational mailer to
STR permit holders
Regulation of Ads Any ad for a STR that doesn’t meet the requirements of the code is prohibited.
Add new requirement that STR ads
also include individual permit
numbers.
Clarify/strengthen language that
advertising unregistered STRs or
noncompliant STR is prohibited, and
violations are subject to penalties
Require platforms to include permit
numbers for STRs listings
Require platforms to add adherence of
federal, state and local laws to terms of
use.
Limitations/Requirements
for Units used for STRs
ADUs approved prior to 1/1/20 if host
resides on lot
Renting ADUs approved after 1/1/20
prohibited
Basic facility requirements
Rental of sleeping space in or on balconies,
porches, tents, sheds, vehicles or outdoor
areas is prohibited.
Prohibit DUO units (SB 9)
Attachment 2
Ordinance Components Current STR Ordinance Notes, Council Comments 9/14/21 Options to consider Hosted STR limitations Maximum of four overnight lodgers per night (excluding minors)
Renting to unaccompanied minors
prohibited
Prohibit parties or large gatherings
Prohibit one-night stays
• About 25% of ads allow 1-
night stay
Impose larger deposit through STR
platform.
Rely on existing law:
• Noise disturbance (PC 415)
• SMC provision banning juvenile
alcohol parties and providing for
civil and criminal liability for host
(SMC 9.50)
Platforms have internal policy banning
“party houses” and use data to limit
risks (i.e. rental nights, distance, age,
problematic renters, etc.)
Host requirements Must obtain Director’s approval
Must obtain a business license, if required,
and collect and remit TOT
Must reside on-site throughout stay
Must comply with all permit conditions and
applicable local, state, and federal laws
Hosts primary residence must be on
site
Revocation of approval Revocation is subject to due process. Notice and hearing based on findings:
- Approval obtained by fraud
- STR activity in violation of the municipal
code
- Violations of conditions of approval
- STR activity creating a public nuisance
Hearing before CDD director or designee
Written notice of decision by hearing officer
Decision is final but may be appealed in
Superior Court
Attachment 2
Ordinance Components Current STR Ordinance Notes, Council Comments 9/14/21 Options to consider Fees Currently $101 in 2021
Fee was intentionally low to encourage
compliance
Increase to financially support
ongoing compliance/enforcement
efforts
Fines Violation of STR ordinance subject to
current administrative citation schedule:
- $100 first violation
- 200 second violation
- 500 third and subsequent violations
Increase fines Increase penalties for health and
safety violations (SB 60):
- $1,500 first violation
- $3,000 second violation
- $5,000 third violation
Ordinance No. 3185-21 now allows for
recovery of attorneys’ fees and
abatement costs of public nuisances
Operational STR Options
Operational Component Current Practice Notes, Council Comments 9/14/21 Transparency Publish list of permitted STR locations on City’s STR webpage
Publish map using GIS with additional
information, such as permit locations,
complaints, etc.
Compliance & Enforcement Notification of non-compliance Complaint-based investigations
Exploring platform portals (i.e. Airbnb City
Portal)
Increase enforcement
Move forward with Airbnb City Portal
and other platform portals to
manage compliance and
enforcement.
Add two-year limited term
administrative analyst in DPS to assist
with voluntary compliance and
enforcement ($285,000).
Require affidavit attesting site is
primary residency as part of initial
application process
Start actively using STR platform
portals to report violations
Community Education &
Outreach
STR webpage Education public about STR
ordinance
Awareness campaign after ordinance
is amended using City channels –
Horizon, Update Sunnyvale, social
media, bill insert
Attachment 2