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PED_Short Term Rentals

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1. When did the Short-Term Rentals Ordinance go into effect?

On October 13, 2021, the City Council adopted Ordinance No. ORD 2021-011 to add Chapter 20-48, Short-Term Rentals to the Zoning Code to establish a regulatory framework for STRs.

On August 9, 2022, the City Council adopted Ordinance No. ORD-2022-008 to set a maximum number of 198 non-hosted STR Permits to be issued citywide and to clarify that enforcement penalties apply to permit holders and “operators in good standing”.

On June 20, 2023, the City Council adopted Ordinance No. ORD-2023-008 allowing a one-time 31-day grace period for Permit holders whose Permits were issued within the first year of the Ordinance and expired without a renewal application being timely submitted.  The Ordinance also included language to clarify that in the event that any non-hosted Short-Term Rental Permit was issued for a property within 1,000 feet of an expired non-hosted Permit that is subsequently renewed, both STRs would be able to retain their Permits regardless of the distance between them. 

On July 25, 2023, the City Council adopted Ordinance No. ORD-2023-011 to address technical changes and add new and revised definitions and policies, and to add the following amendments to the Chapter 20-48, Short-Term Rentals:

• Allow Permit holders a 30-day grace period following the expiration of their Permit to submit a renewal application;

• Prohibit outdoor burning at non-hosted STRs, with the exception of natural gas and propane appliances (such as BBQs, grills, heaters and fire pits); 

• Clarify that outdoor burning regulations do not apply to hosted STRs; 

• Allow a transfer of an STR Permits, under certain conditions, to a spouse or domestic partner;

• Allow only one Non-Hosted STR Permit per property owner, but allow those with existing multiple STR Permits to retain and renew those Permits;  

• Require applicants for Hosted STR Permits to provide an affidavit verifying that the property is their principal residence;  

• Provide a tiered penalty schedule for violations, with one tier for minor violations and one for major violations, with a higher fine amount for major violations; 

• Require a fine for the first penalty for TOT/BIA violations and for operating an STR without a Permit – no warnings for these violations;  

• Clarify that after a third citation the Permit will be revoked and the property owner will be permanently ineligible for future consideration of a Short-Tern Rental Permit on the property that was the subject of the revocation; and
• Clarify that the City will not be accepting any new Non-Hosted Short-Term Rental Permit applications, and reduce the Citywide cap on Non-Hosted Short-Term Rentals through attrition as permits are vacated or revoked.

2. What is a short-term rental?

A short-term (sometimes called vacation) rental is defined as a dwelling unit, or any portion thereof, utilized for residing, lodging, sleeping, or other occupancy purposes for less than 30 consecutive days, counting portions of days as full days. Short-Term Rentals may be Hosted or Non-Hosted.

3. What is a Hosted short-term rental?

A Hosted short-term rental is defined as a Short-Term Rental where, throughout the Short-Term Rental period, the host lives and sleeps in the dwelling unit or lives and sleeps in another legal dwelling unit on the same parcel, which parcel is the owner’s principal residence. Hosted Short-Term Rentals shall be allowed only in the primary residence on any property containing more than one legal dwelling unit except where allowed in an ADU pursuant to Zoning Code Section 20-48.040(A)(4)(b).

Principal residence is the place where one resides for more than one-half of the year.

Note:  As part of the submittal of a Hosted Short-Term Rental Permit application, the property owner must provide the following information verifying that they the property is their principal residence:

• Two forms of proof of principal residency which may include any of the following: a driver's license or California state identification card, pay-stub from current employer, Voter registration card, motor vehicle registration, insurance bill, tax documents showing the residential unit as the person’s residence, or utility bill for water or electric/gas services (you may only use utility bills as one form of residency confirmation; cable television, cell phone or internet provider bills do not qualify); and
• Signed Hosted Short-Term Rental Applicant’s Affidavit.

4. What is a Non-Hosted short-term rental?

A Non-Hosted short-term rental is defined as a Short-Term Rental where the Host does not live and sleep in the dwelling unit or in another legal dwelling unit on the same parcel throughout the Short-Term Rental period.

Please note, the City is not accepting new applications for Non-Hosted STR Permits.  The total number of Non-Hosted STR Permits citywide is 182, which will be reduced through attrition when existing Non-Hosted STR Permits are vacated or revoked, or when properties are sold or transferred, except for transfers allowed pursuant to Zoning Code Section 20-48.040(G)(1).

5. Is the City accepting applications for new Non-Hosted Short-Term Rental Permits?

No.  Pursuant to Zoning Code Section 20-48.040(B)(2)(a), the City is not accepting new applications for Non-Hosted Short-Term Rental Permits.

6. Non-Hosted Short-Term Rental Permits are capped citywide at 182. If the number of issued Non-Hosted Permits drops below 182, will the City start accepting new Non-Hosted Permit applications?

No.  Pursuant to Zoning Code Section 20-48.040(B)(2)(a), no new Non-Hosted Short-Term Rental Permit applications shall be accepted, and the maximum number of Non-Hosted Short-Term Rental Permits allowed citywide shall decrease through attrition when existing Non-Hosted STR Permits are vacated or revoked, or when properties are sold or transferred, with the exception of transfers allowed pursuant to Zoning Code Section 20-48.040(G)(1).

7. What if my property is associated with an HOA?

It is an applicant’s responsibility to verify whether STR activity is prohibited by a Homeowners Association's (HOA) Covenants, Conditions, and Restrictions (CC&Rs) prior to submitting a Short-Term Rental Permit application.

8. Are there any restrictions on what type of housing units can be used as a short-term rental?

Yes.  Pursuant to Zoning Code Section 20-48.040(A)(2) and (3), a Short-Term Rental Permit may only be issued to an owner and only for a dwelling unit at a fixed location and address. 

Pursuant to Zoning Code Section 20-48.040(A)(4), the following types of housing units and spaces shall not be used as a short-term rental: 

• Income-restricted affordable housing.

• Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU).  However, for an ADU where an STR Permit was previously issued and is in effect, the STR may continue until or unless it is no longer compliant with any other section of the Short-Term Rental Ordinance (Zoning Code Chapter 20-48). An STR Permit for an ADU that has been revoked or has expired and a Renewal application has not been received pursuant to Zoning Code Section 20-48.040(E), or for which a Renewal STR Permit application has been denied, may not be reissued. 

• Student housing, dormitories, and single-room occupancy facilities. 

• Senior housing.

• Transitional housing.

• Temporary housing units such as recreational vehicles, including but not limited to non-motorized travel trailers, tiny homes, yurts, tents, treehouses, and sleeping in vans or cars.  

• Areas not designed or intended for human habitation, such as closets, laundry rooms, storage sheds, and similar areas. 

9. What requirements must a Short-Term-Rental operator follow to be in compliance?

For more information, visit the "Maintain Compliance for a Short-Term Rental" page.
 

10. Are there any restrictions to using a barbeque or outdoor firepit/heater at my Short-Term Rental?

Yes, pursuant to Zoning Code Section 20-48.070(B)(5), the following outdoor burning requirements apply to Short-Term Rentals:

 

• Outdoor burning at Non-Hosted Short-Term Rentals shall be limited to outdoor firepits, fireplaces, barbeques/grills and heaters that generate an open flame through the use of a single five-gallon cylinder of liquid petroleum gas (LGP) or are fed by natural gas.  Such outdoor burning shall not be located within 10 feet of combustible vegetation and overhanging trees limbs. 
• No other outdoor burning shall be permitted at Non-Hosted Short-Term Rentals.  
• Outdoor burning at Hosted Short-Term Rentals shall comply with all requirements of Santa Rosa Municipal Code Chapter 18-44 and the California Fire Code.

11. Where can a Short-Term Rental operate in the City?

Hosted Short-Term Rentals can operate anywhere in the City.

Non-Hosted Short-Term Rentals can operate in the following zoning districts:

• Core Mixed Use (CMU)
• Station Mixed Use (SMU)
• Maker Mixed Use (MMU)
• Neighborhood Mixed Use (NMU)
• Rural Residential (RR)
• Single Family Dwelling (R-1)
• Residential Planned Development (PD), where not explicitly prohibited
• Medium Density Multi-Family Residential (R-2)
• Multi-Family Residential (R-3)
• Transit Village Residential (TV-R)
• Office Commercial (CO)
• Neighborhood Commercial (CN)
• Community Shopping Center (CSC)
• General Commercial (CG), and
• Transit Village-Mixed (TVM)

Please note, the City is not accepting new applications for Non-Hosted STR Permits.  The total number of Non-Hosted STR Permits citywide is 182, which will be reduced through attrition when existing Non-Hosted STR Permits are vacated or revoked, or when properties are sold or transferred, except for transfers allowed pursuant to Zoning Code Section 20-48.040(G)(1).  

12. What is the process for City staff review of New and Renewal Short-Term Rental Permit applications?

City staff reviews New and Renewal Short-Term Rental Permit applications in the order that they are submitted to the City, and those that are deemed complete first are then acted on first. An application can be deemed complete once all issues have been addressed and/or any additional information requested by City staff has been provided. If there are other applications in process that were submitted and deemed completed prior to your application, then those applications will be acted on first.

13. Do I need to submit all of the application materials identified on the application for a Renewal Permit, even if there have been no changes to my property/unit since my original application?

Yes, all information identified in the Short-Term Rental Permit application is required for a Renewal, including, but not limited to, site plan and floor plan. Past information cannot be referenced to a previous application, the City needs to ensure that all information is accurate, updated as necessary and included in each application. If there are no changes, you can simply resubmit what you submitted previously and it will be attached to the Renewal application in the City’s permitting system. 

If you need a copy of the documents that were previously submitted, please send an e-mail to [email protected]. 

14. For a Renewal application, am I required to fill out all of the fields for things like zoning district, parcel number, contact information etc. if nothing has changed?

Yes, please complete the full application. A Renewal application cannot be accepted without all of the required information.

15. Will the City send a reminder or notice of the Short-Term Rental Permit expiration date and renewal process?

Yes.  The City will send one courtesy reminder approximately 60-days prior to your Permit expiration date, which is one year from the Permit issuance date.    

Pursuant to Zoning Code Section 20-48.040(E), a Renewal Short-Term Rental Permit application, accompanied by the Short-Term Rental Permit renewal fee and all supporting materials, verifications, and signatures required by the application, must be submitted to the Planning and Economic Development Department prior to expiration of the STR Permit.  Renewal applications must be submitted no earlier than the 60 calendar days prior to expiration and will be accepted up to 30 calendar days after the date of expiration of the existing Short-Term Rental.  

 

If a Renewal Short-Term Rental Permit application is received prior to the expiration of the issued Short-Term Rental Permit, and in no case later than 30 calendar days after the expiration of the Permit, expiration of the issued Short-Term Rental Permit will be stayed, and you may continue to rent the unit on a short-term basis, until the Renewal Short-Term Rental application is acted on.  

However, if a Renewal Short-Term Rental Permit application is not received prior to the expiration of the issued Short-Term Rental Permit, or in no case later than 30 calendar days after the expiration of the Permit, all short-term rental activities must cease, and a New Short-Term Rental Permit will be required for continued or future use of the unit as an Short-Term Rental.  Please note, for Non-Hosted Short-Term Rental Permit holders, the City is not accepting New Non-Hosted Short-Term Rental Permit applications.  New applications will only be accepted for Hosted Short-Term Rental Permits.

Information on how to apply for a Renewal Short-Term Rental Permit can be found on the City’s website here.

16. Will the issuance and expiration month and day of my Permit change with each Renewal Permit issuance?

No, pursuant to Zoning Code Section 20-48.040(E)(2), the month and day of your Permit issuance and expiration date will be the same as the issuance month and day for the previous Short-Term Rental Permit.   

Example:  

• If your original Short-Term Rental Permit was issued on February 15, 2022 the expiration date would have been February 15, 2023 (one year after the Permit issuance date).   

• If you then submitted your Renewal Short-Term Rental Permit application on February 10, 2023, prior to the expiration of your first Permit, you were able to continue renting the unit as a Short-Term Rental until your Renewal application was acted on by the City.  

• If your Renewal application is approved on March 8, 2023, regardless of the day it is approved, the new issuance date would be February 15, 2023 (to match the original Permit month and day of issuance), with an expiration date of February 15, 2024.  

17. What registrations or permits are required for a Short-Term Rental to operate in compliance with the Ordinance?

All Short-Term Rental owners must register to pay the City’s Transient Occupancy Tax (TOT) and Santa Rosa Tourism Business Improvement Area (BIA) assessments for each Short-Term Rental and must obtain a Short-Term Rental Permit for each short-term rental.

New operators must register for TOT and BIA assessments prior to submitting a Short-Term Rental Permit Application. To initiate the TOT and/or BIA registration process, please submit the registration form to [email protected]. If you have questions about this process, please visit srcity.org/TOT. New operators must obtain City approvals prior to renting, offering, or advertising a Short-Term Rental.

18. How do I register my short-term rental for BIA assessments?

Revenue staff will automatically register your short-term rental for BIA assessments as part of the TOT registration process.

19. Where can I get receipts from my TOT payments?

Contact information for the City’s Revenue Division can be found on the City’s TOT website. Property owners can reach out to that department for copies of TOT receipts.

20. Do I need to obtain a Business Tax Certificate?

Any Short-Term Rental Owner who operates four or more rentals of any type within Santa Rosa City limits must also obtain a Santa Rosa Business Tax Certificate. Visit the City's page on the obtaining a Business Tax Certificate for more information about how to apply for a Business Tax Certificate.