Local code · Sunnyvale

Sunnyvale — Short-Term Rentals

Q: How many Airbnb guests can stay in a Sunnyvale home?

A hosted rental may have no more than four overnight lodgers per night in a single-family dwelling or in one dwelling unit of a multifamily dwelling. Minor children accompanied by an adult do not count toward the four-lodger limit. § 19.76.040

The Sunnyvale Short-Term Rentals, explained in plain English with the controlling citations.

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Quick answer

In Sunnyvale, short-term rentals of 30 consecutive days or less are prohibited unless the City approves a hosted rental where the host lives on site throughout the stay. An approved hosted rental may have no more than four overnight lodgers per night, excluding accompanied minor children, and post-January 1, 2020 ADUs cannot be used for short-term rentals. §§ 19.76.030, 19.76.040, 19.76.050

Last reviewed: September 21, 2026 · AI-generated analysis · General information, not legal advice · details

Compiled from Sunnyvale's adopted code with AI research tools and grounded in the sources cited below. Verify with Sunnyvale planning staff before relying on it.

Overview

Sunnyvale Municipal Code Chapter 19.76, Short-Term Rental of Residential Property, takes a restrictive approach: short-term rentals are prohibited citywide unless they are an approved hosted short-term rental. A short-term rental is compensated transient lodging for 30 consecutive calendar days or less; a hosted rental requires the host to live on site throughout the stay. §§ 19.76.020, 19.76.030

The central rule: Sunnyvale allows only an approved, host-occupied short-term rental in a zoning district where residential use is permitted. An unhosted whole-home rental is not authorized under Chapter 19.76. §§ 19.76.030, 19.76.040, 19.76.050

The chapter is designed to preserve housing for permanent residents and prevent nuisance effects such as noise, crowding, traffic congestion, illegal parking, refuse, and disorderly conduct. § 19.76.010

What Counts as a Short-Term Rental

A short-term rental is transient lodging in a dwelling unit, for compensation, for 30 consecutive calendar days or less. City-approved hotels and motels are excluded from that definition. § 19.76.020

A hosted short-term rental is a qualifying short-term rental where the host resides on site throughout the lodger’s stay. The host is the person responsible for the activity and identified in the City approval application. § 19.76.020

The chapter also regulates a hosting platform—a marketplace that facilitates rentals and receives booking, advertising, or similar revenue. This can include online listing services. § 19.76.020

District Applicability

All zoning districts where residential uses are permitted

Chapter 19.76 does not name individual Sunnyvale zoning districts such as R-1, R-2, R-3, or commercial/mixed-use districts. Instead, it authorizes an approved hosted rental in any zoning district where residential uses are permitted. § 19.76.040

Purpose in this chapter: Allow limited, host-occupied transient lodging without converting residential property into unhosted visitor accommodations. §§ 19.76.010, 19.76.030
Permitted short-term-rental use: Only an approved hosted short-term rental. §§ 19.76.030, 19.76.040
Key occupancy standard: No more than four overnight lodgers per night in a single-family dwelling or a single unit in a multifamily dwelling; accompanied minor children do not count toward that cap. § 19.76.040
Dimensional standards: Chapter 19.76 establishes no lot-size, setback, height, FAR, or lot-coverage standards for short-term rentals. Confirm parcel zoning and baseline residential entitlement through Sunnyvale Zoning, Sunnyvale Land Use, and Sunnyvale Development Standards.
Where it applies: Only where residential use is otherwise permitted; district-specific residential permissions are not found in source materials for Chapter 19.76. Verify with the jurisdiction.

Chapter 19.76 does not itself state that a hosted rental needs design review, nor does it establish special rules by overlay districts. Those matters are not found in source materials for this chapter and should be verified separately.

Core Hosted-Rental Standards

Standard	Sunnyvale rule	Code Reference
Baseline legality	All short-term rentals are prohibited except approved hosted rentals.	§ 19.76.030
Maximum stay	A short-term rental lasts 30 consecutive calendar days or less.	§ 19.76.020
Host presence	The host must reside on site throughout the lodger’s stay.	§ 19.76.050
Primary-residence test	The rental property must be the host’s primary residence, used for eating, sleeping, and daily living while lodgers are present.	§ 19.76.050
Guest cap	Maximum four overnight lodgers per night per single-family dwelling or individual multifamily unit; accompanied minors are excluded from the count.	§ 19.76.040
City approval	Director approval is required before conducting the activity.	§§ 19.76.040, 19.76.050
Unaccompanied minors	Renting to an unaccompanied person under 18 years old is prohibited.	§ 19.76.050
Sleeping accommodations	Lodgers must have sleeping, bathing, and toilet facilities inside a permanent dwelling suitable for human occupancy.	§ 19.76.050
Outdoor and improvised sleeping	Sleeping space in balconies, porches, tents, sheds, vehicles, or outdoor areas cannot be rented.	§ 19.76.050
Advertising	Every advertisement must include the City-issued individual approval number.	§ 19.76.050
Nuisance responsibility	The host must ensure the rental does not become a nuisance.	§ 19.76.050

Approval, Application, and Advertising

The director must approve the short-term-rental activity. The director may approve an application only upon finding compliance with Chapter 19.76 and other applicable law; the director’s decision is final. § 19.76.050

An application must include:

The host’s name, address, and contact information. § 19.76.050
The property owner’s name, address, and contact information. § 19.76.050
The owner’s signed consent if the applicant is not the legal owner. § 19.76.050
A homeowners’ association authorization letter if the property is in a common-interest development, confirming that the rental complies with the property’s requirements. § 19.76.050
Additional information or supporting materials that the director requires to describe existing conditions and proposed operations. § 19.76.050

A person may not undertake, maintain, authorize, assist, facilitate, or advertise a hosted or other short-term rental that does not comply with the code. § 19.76.050

Every advertisement must display the host’s individual City approval number. Advertising a noncompliant rental is prohibited. § 19.76.050

Host-Occupancy and Dwelling Configuration

The host must be on site for the entire guest stay. For Sunnyvale’s hosted-rental rule, “reside on site” means the rental property is the host’s primary residence and the host uses it for ordinary daily activities while guests are present. § 19.76.050

The chapter identifies two configurations that can qualify when the host lives in the required portion of the property:

Guests may stay in an accessory dwelling unit when the host resides in the primary dwelling. § 19.76.050
Guests may stay in one unit of a two-family dwelling when the host resides in the other dwelling unit. § 19.76.050

These allowances do not eliminate the approval, primary-residence, guest-limit, advertising, tax, nuisance, and legal-compliance requirements. §§ 19.76.040, 19.76.050

ADU and Dual Urban Opportunity Housing Limits

An ADU approved on or after January 1, 2020 cannot be used for a short-term rental. An ADU approved before that date may be rented short-term only if the host resides on the lot containing the ADU. § 19.76.050

Any dwelling unit built under Chapter 19.78, Sunnyvale’s Dual Urban Opportunity Housing chapter, cannot be used for a short-term rental. § 19.76.050

For the separate land-use rules governing ADUs, consult the applicable ADU regulations; Chapter 19.76 supplies the short-term-rental restriction rather than the ADU development standards.

Operations, Tax, and Safety Compliance

The host must comply with all permit conditions and applicable local, state, and federal law, including health, safety, fire, and building codes. Chapter 19.76 does not identify a separate inspection procedure or construction standard; applicable California Building Standards Code obligations should be verified with the jurisdiction. § 19.76.050

The host must obtain a business license if Chapter 5.04 requires one. The host must also collect and remit transient occupancy tax, coordinating with the hosting platform when one is used, under Chapter 3.16. § 19.76.050

The host remains responsible for preventing a nuisance caused by the rental activity. This directly reflects the chapter’s concern with impacts including noise, overcrowding, traffic, parking, refuse, and disorderly conduct. §§ 19.76.010, 19.76.050

Hosting Platform Duties

A hosting platform listing a Sunnyvale rental must give users:

Information about transient occupancy tax obligations. § 19.76.060
All Chapter 19.76 requirements regulating short-term rentals. § 19.76.060

Upon City notification, a platform must immediately notify the host of a Chapter 19.76 violation. If the City notifies the platform that approval has been revoked, the platform must immediately deactivate the advertisement. § 19.76.060

Platforms must keep records of Sunnyvale short-term rentals and transactions for at least five years and promptly make those records available to the City after a lawful request. § 19.76.060

Enforcement, Revocation, and Fees

A short-term rental operated contrary to Chapter 19.76 is unlawful and declared a public nuisance. The city attorney may seek to abate, remove, or enjoin the activity, in addition to other available remedies under the municipal code or state law. § 19.76.090

Chapter 19.76 includes a section titled Revocation of approval, but the operative revocation standards are not found in source materials. The materials do confirm that a platform must deactivate an advertisement once notified by the City of a revocation. § 19.76.060

The City Council may establish fees and charges by resolution to implement the chapter. The amount of an approval fee or other charge is not found in source materials. § 19.76.080

Checklist

Confirm the lodging will be for compensation for 30 consecutive calendar days or less. § 19.76.020
Confirm the property is in a zoning district where residential uses are permitted. § 19.76.040
Confirm the operation will be a hosted rental, not an unhosted rental. §§ 19.76.030, 19.76.040
Live on site throughout each lodger’s stay and use the property as your primary residence. § 19.76.050
Keep overnight lodgers to four or fewer per night, excluding minor children accompanied by an adult. § 19.76.040
Do not rent to unaccompanied persons under 18 years old. § 19.76.050
Submit the host and owner contact information, owner consent if applicable, and required supporting materials to the director. § 19.76.050
Obtain HOA authorization if the property is in a common-interest development. § 19.76.050
Obtain director approval before operating or advertising the rental. §§ 19.76.040, 19.76.050
Confirm the unit is not an ADU approved on or after January 1, 2020, or a dwelling unit built under Chapter 19.78. § 19.76.050
Provide sleeping, bathing, and toilet facilities inside a permanent dwelling suitable for human occupancy. § 19.76.050
Include the City-issued approval number in every advertisement. § 19.76.050
Obtain a business license if required and collect and remit transient occupancy tax. § 19.76.050
Prevent rental-related nuisance conditions and comply with applicable safety, fire, and building laws. §§ 19.76.010, 19.76.050

Risks & Ambiguities

Issue	Why it matters	What to verify
Unhosted listing	Sunnyvale prohibits short-term rentals except approved hosted rentals. § 19.76.030	Whether the host will physically reside at the primary residence throughout every stay. § 19.76.050
More than four overnight lodgers	The cap is four overnight lodgers per qualifying dwelling or dwelling unit, subject to the accompanied-minor exclusion. § 19.76.040	Guest count, sleeping arrangements, and whether any minors are accompanied by an adult.
ADU rental eligibility	Post-January 1, 2020 ADUs cannot be used as short-term rentals. § 19.76.050	ADU approval date and whether the host resides on the lot for an older ADU.
HOA restrictions	Common-interest properties require an HOA authorization letter with the application. § 19.76.050	Governing documents, HOA approval, and any private rental restrictions.
Approval fees	The Council may establish fees, but no amount appears in source materials. § 19.76.080	Current City fee resolution and application charges. Verify with the jurisdiction.
Revocation standards	The chapter contains a revocation section, but its substantive criteria are not found in source materials.	Current revocation procedures, appeal rights, and consequences of noncompliance. Verify with the jurisdiction.
Other property rules	Chapter 19.76 does not supply zoning dimensions, parking counts, or design-review triggers.	Applicable parcel rules, including any building, parking, or land-use requirements. Verify with the jurisdiction.

Plain-English Summary

In Sunnyvale, you generally cannot rent out a home, apartment, or ADU by the night unless it is an approved hosted rental and you live on site in your primary residence during every guest stay. Keep stays to 30 days or less, limit the rental to four overnight lodgers, obtain City approval, follow the advertising and tax rules, and avoid nuisance impacts. §§ 19.76.020, 19.76.030, 19.76.040, 19.76.050

Source References

Sunnyvale Municipal Code, Short-Term Rental of Residential Property, purpose and policy: § 19.76.010
Sunnyvale Municipal Code, definitions of short-term rental, hosted short-term rental, host, and hosting platform: § 19.76.020
Sunnyvale Municipal Code, citywide prohibition except approved hosted rentals: § 19.76.030
Sunnyvale Municipal Code, hosted rental location and four-lodger limit: § 19.76.040
Sunnyvale Municipal Code, approval, operational, ADU, advertising, tax, and nuisance requirements: § 19.76.050
Sunnyvale Municipal Code, hosting-platform disclosure, deactivation, and five-year recordkeeping duties: § 19.76.060
Sunnyvale Municipal Code, City authority to establish fees: § 19.76.080
Sunnyvale Municipal Code, public-nuisance enforcement: § 19.76.090
Sunnyvale Municipal Code on eCode360

Sources

Source passages

Sunnyvale Zoning Code § 19.76.040 Medium relevance
Sunnyvale Zoning Code § 19.76.030 Medium relevance
Sunnyvale Zoning Code § 19.76.010 Medium relevance
Sunnyvale Zoning Code § 19.76.050 Medium relevance
Sunnyvale Zoning Code § 19.76.020 Medium relevance
Sunnyvale Zoning Code § 19.76.060 Medium relevance
Sunnyvale Zoning Code § 19.76.090 Medium relevance
Sunnyvale Zoning Code § 19.76.050 Medium relevance
Sunnyvale Zoning Code § 19.76.080 Medium relevance

Cited sections

Official Sunnyvale code library

Frequently asked questions

Are short-term rentals legal in Sunnyvale, California?

Short-term rentals are generally prohibited in Sunnyvale unless they are an approved hosted short-term rental. The host must reside on site throughout the guest stay, so an unhosted whole-home listing is not allowed under Chapter 19.76. §§ 19.76.030, 19.76.050

Can I Airbnb my Sunnyvale house while I am away?

No, not under the hosted-rental exception. The host must reside on site throughout the lodger’s stay, and the property must be the host’s primary residence used for ordinary daily living while lodgers are present. § 19.76.050

How many Airbnb guests can stay in a Sunnyvale home?

A hosted rental may have no more than four overnight lodgers per night in a single-family dwelling or in one dwelling unit of a multifamily dwelling. Minor children accompanied by an adult do not count toward the four-lodger limit. § 19.76.040

Do I need a permit for a hosted short-term rental in Sunnyvale?

Yes. The short-term-rental activity must be approved by the director before operation, and the application must provide host and owner information, owner consent where applicable, and any materials the director requires. §§ 19.76.040, 19.76.050

Can I rent my Sunnyvale ADU on Airbnb?

It depends on the ADU’s approval date. An ADU approved on or after January 1, 2020 cannot be used for short-term rental; an earlier-approved ADU may be used only when the host resides on the lot. § 19.76.050

Can guests stay in an ADU or duplex unit in Sunnyvale?

Guests may stay in an ADU if the host lives in the primary dwelling, subject to the ADU eligibility restriction and all hosted-rental rules. Guests may also stay in one unit of a two-family dwelling if the host lives in the other unit. § 19.76.050

What must be included in a Sunnyvale short-term-rental listing?

The host must include the individual City-issued approval number in every short-term-rental advertisement. A host also may not advertise a rental that fails to comply with Chapter 19.76. § 19.76.050

Can I rent sleeping space in a shed, tent, vehicle, porch, or balcony in Sunnyvale?

No. Lodgers must have sleeping, bathing, and toileting facilities inside a permanent dwelling suitable for human occupancy, and the chapter prohibits renting sleeping space in balconies, porches, tents, sheds, vehicles, and outdoor areas. § 19.76.050

What happens if I operate an illegal short-term rental in Sunnyvale?

A short-term rental operated contrary to Chapter 19.76 is unlawful and a public nuisance. The city attorney may seek abatement, removal, or an injunction, in addition to other available remedies. § 19.76.090

General information, not legal advice.

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