Short-term rental rules · Napa, California
Short-term rentals in Napa, explained properly.
The City of Napa, California allows vacation rentals only with a City vacation rental permit, which is capped at 41 non-hosted and 60 hosted accommodations. Section 17.52.515 of the Municipal Code awards permits from a randomly ordered application list with a waiting list, and a permit lasts one year with an annual review. A hosted rental needs the owner to live and sleep at the unit and rent no more than two bedrooms; a non-hosted rental needs an authorized agent reachable 24 hours a day and on site within one hour. Overnight guests are limited to two per bedroom plus two, and never more than 10, and quiet times run to 7:00 a.m. Operating without approval carries fines of $500, $750 and $1,000. Whether the City is inviting new applications right now needs review, so confirm with the City. We haven't reviewed the zoning chapters, the lodging tax chapter, the business license chapter or the fee resolution yet. California's rules on lodging taxes, association rules and accessory dwelling units are in the state section of this page.
At a glance
What you need to know before you buy or list
| Question | Answer |
|---|---|
| Are short-term rentals allowed? | Conditional: only with a City vacation rental permit (capped at 41 non-hosted and 60 hosted permits), or as a hotel use in a nonresidential district or a bed and breakfast inn with a use permit; we haven't reviewed the zoning chapters yet [1] ClauseConfirming |
| Is a City vacation rental permit required? | Yes: a vacation rental permit, valid one year from its effective date and extended one year at a time after an annual review; the owner must also comply with the City business license and transient occupancy tax chapters [1] Clause |
| Must the owner live on the property? | Conditional: for a hosted accommodation the owner must live and sleep at the unit while it is rented; for a non-hosted accommodation an authorized agent, who may be the owner or another person, runs the rental and need not live there [1] Clause |
| Is there a cap on vacation rental permits? | Yes: no more than 41 non-hosted and 60 hosted accommodation permits may be issued [1] Clause |
| City lodging tax (transient occupancy tax) | Subject to Chapter 3.20 (transient occupancy tax); the rate hasn't been reviewed yet [1] Clause |
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Detailed rules
The full picture, section by section
Eligibility & limits
| What counts as a vacation rental? | A transient occupancy use for which the City has issued a vacation rental permit; hosted and non-hosted accommodations and businesses under a 2009 permit are all included [1] Clause Section 17.52.515(B) defines a vacation rental this way and says the term covers businesses operating under a 2009 permit, hosted accommodations and non-hosted accommodations. Transient occupancy has the meaning in Section 17.06.030, which we haven't reviewed yet, so the length-of-stay line isn't stated here. A vacation rental unit is the structure in which the permitted use operates. |
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| What are the rules for a hosted accommodation? | The owner must live at the unit and sleep there while it is rented, in a bedroom that is not rented, and no more than two bedrooms may be rented [1] Clause Section 17.52.515(E)(7) sets these three rules for each hosted accommodation, and the definition in subsection B repeats the two-bedroom limit. An application for a hosted accommodation must include documentation that the owner will reside at the unit and the location of each room to be rented (C)(3). Hosted permits are capped at 60. |
| Can an accessory dwelling unit be used as a vacation rental? | No: it is a violation for any accessory dwelling unit to be used for transient occupancy [1] Clause Section 17.52.515(E)(6)(d) makes it a violation of the section for an accessory dwelling unit, as defined in Section 17.52.015, to be used for transient occupancy purposes. California's rules on short-term rentals in accessory dwelling units are in the state section of this page. |
| Do permits issued before July 1, 2015 count as permits under this section? | Yes: the 41 vacation rental permits in effect before July 1, 2015 under Ordinances O2009-6 and O2010-16 are deemed approved and issued under this section [1] Clause Section 17.52.515(B) defines a "2009 permit" as each of the 41 permits in effect before July 1, 2015, issued under former Ordinance Nos. O2009-6 and O2010-16, and deems each one approved and issued "pursuant to this section", including as used in subsections (A)(1)(b), (D)(1), (E), (F) and (H). For the annual permit review, the first effective date of each 2009 permit was April 1, 2016, unless the 2009 permit itself documents another date (H). |
| Is there a limit on overnight guests? | Yes: the number of renters named in the permit, at most two persons per qualifying bedroom plus two more per unit, and never more than 10 people sleeping at the unit [1] Clause Section 17.52.515(E)(4)(b) caps overnight occupancy at the number designated in the permit, not to exceed two persons per bedroom meeting building and fire code requirements plus two additional persons per vacation rental unit. Each rented bedroom needs an emergency escape or rescue exit and must comply with Title 15. The permittee must also limit overnight renters' vehicles to the maximum number of overnight renters designated in the permit (E)(4)(c). |
| Is extra information required when a rental is within 500 feet of another vacation rental or a bed and breakfast inn? | Yes: the applicant must submit supplemental information showing how the concentration of transient occupancies will be mitigated [1] Clause Section 17.52.515(D)(3)(c) applies to a property within 500 feet of a bed and breakfast inn permitted under Section 17.52.060 or a vacation rental approved or conditionally approved by the Director. The Director may notice a Planning Commission public hearing when supplemental evidence is warranted, for example because of neighbor concerns or the impact of a concentration of uses (D)(5). |
Permit & program
| Are permits awarded by lottery (random selection of applications)? | Yes: applications received by the deadline are randomly selected and numbered, then evaluated in that order, with separate lists for hosted and non-hosted accommodations [1] Clause Section 17.52.515(D)(2) has the Director randomly select each application received before the deadline and number them in the order selected, lowest number first. Hosted and non-hosted accommodations each get a separate application list and process. Under (D)(3), the Director works down the list, subject to the cap, and gives written notice to each selected applicant, who then has at least 30 days to send the supplemental submittal (application and processing fee, a public notice mailing label submittal and any other information the Director needs). |
|---|---|
| Is there a waiting list for vacation rental permits? | Yes: the Director must establish and update, in writing and at least once per calendar year, a waiting list of applicants and a list of available permits [1] Clause Section 17.52.515(G) required the first list on or before January 1, 2017 and an update at least once per calendar year after that, with one set of lists for hosted accommodations and one for non-hosted accommodations. The waiting list holds selected applications for which no permit was issued and that were not denied; the initial order follows the random selection. When permits are available the Director may evaluate applications under subsection D, and if more applications are warranted the Director issues a written notice inviting applications, published and processed under subsections C and D. Whether the City is inviting new applications right now needs review, so confirm with the City. |
| How does the City invite and process permit applications? | The Director publishes a written notice inviting applications, with a deadline at least 30 days after publication; selected applicants then file supplemental items and pay the application and processing fee [1] Clause Section 17.52.515(C) has the Director publish the notice under Government Code Sections 6060 and 6061 and use other reasonable means such as the City's website. The application is signed by the owner (and the authorized agent for non-hosted accommodations) and covers the owner's details, hosted or non-hosted type, bedrooms and square footage, maximum overnight renters, bedroom code compliance, on-site parking, an acknowledgment of the business license and transient occupancy tax chapters, the form rental agreement and house rules, a waiver of claims not timely raised, an agreement that use ends on expiration or revocation, and an indemnity. The Director can deny an application that fails these requirements (D)(4), or refer it to the Planning Commission (D)(5). After conditional approval, the applicant pays the annual inspection fee and agrees to comply, and the City notifies owners within 500 feet. The fees are set by City Council resolution, which we haven't reviewed yet. |
| Are neighbors notified of a conditional approval, and can they appeal? | Yes: the Director sends written notice to all property owners within 500 feet, and an interested person may appeal within 10 calendar days of the permit approval [1] Clause Section 17.52.515(D)(7) lists what the notice must contain: a summary of the permit terms (maximum occupants, maximum vehicles, special conditions), the name and 24-hour telephone number of the owner (hosted) or authorized agent (non-hosted), the City Code Enforcement telephone number, and the right to appeal within 10 calendar days under Chapter 17.70 or to raise concerns about a permit extension. Each permit takes effect on the date set by Section 17.68.110 and is subject to the Chapter 17.70 appeal procedures (D)(8). At each annual review the owner must document that written notice went to owners within 500 feet (H)(5). |
| Permit term and renewal | One-year term; the owner files an annual review between 275 days and one year after the effective date, and the Director extends the term one year if the permittee complies [1] Clause Under Section 17.52.515(E)(1) a permit is valid for one year after its effective date. The annual review under subsection H requires the annual inspection fee, proof of compliance with the safety checklist in (E)(3), the business license chapter and the transient occupancy tax chapter, each date the unit was rented, any notice of violation or neighbor concern and how it was addressed, and proof of the 500-foot neighbor notice. If the owner fails to document rentals of at least 10 days during the permit term, the Director may find the permit inactive and ineligible for an extended term. If the permittee is in compliance, the Director gives written notice extending the term one year (I)(1); if not, the Director either notices a Planning Commission hearing or gives written notice that the term has expired (I)(2). An expired permit has no force and use for transient occupancy must stop. |
| Can the permit be transferred to a new owner? | Conditional: a hosted permit cannot be transferred; a non-hosted permit can move to a purchaser of the property only after the Director approves the transfer on the purchaser's application [1] ClauseConfirming Section 17.52.515(F) makes each permit personal to the permitted owner, and any transfer outside that subsection is void and a code violation. A hosted permit "shall not be transferred by any person" (F)(1). A non-hosted permit may be transferred to a purchaser of the real property if, before the permit expires, the owner gives the Director written notice of intent to transfer and the purchaser submits all application items and fees under subsections C(3) and D(3); the Director then evaluates the purchaser's application under (D)(4) through (8). The purchaser may not operate under the permit until the Director approves the transfer. A transfer decision may be appealed under Chapter 17.70 (L)(1). |
| What does the permit cost? | The application and processing fee and the annual inspection fee are set by City Council resolution; the amounts and the schedule date haven't been reviewed yet [1] ClauseConfirming Section 17.52.515(D)(3)(a) requires the application and processing fee, based on the City's estimated reasonable costs, from each applicant selected for evaluation. Subsections D(6)(a) and H(1) require the annual inspection fee, also set by City Council resolution. The fee resolution hasn't been reviewed, so no dollar amount or effective date is shown here. |
Operating rules
| What are the quiet hours? | 9:00 p.m. to 7:00 a.m. Sunday through Thursday evenings; 10:00 p.m. to 7:00 a.m. Friday and Saturday evenings [1] Clause Section 17.52.515(E)(4)(g) sets these quiet times. Pools and hot tubs must be screened from adjacent properties, must have their hours of operation posted, and must follow the same quiet times (E)(4)(j). The permittee must ensure renters and guests do not create unreasonable noise or disturbances or engage in disorderly conduct (E)(4)(h), and must act promptly to stop a violation once notified (E)(4)(i). |
|---|---|
| Are weddings and commercial events prohibited? | Yes: using the unit for a wedding, auction, commercial function or similar event inconsistent with transient occupancy in a residential neighborhood is prohibited [1] Clause Section 17.52.515(E)(4)(l) states the prohibition. Exterior lighting must be shielded from adjacent properties (E)(4)(k). Pets may be permitted by the owner but must be attended at all times and have current vaccinations (E)(4)(m). |
| Must ads show the permit number? | Yes: every written advertisement, paper or electronic, must include the "City of Napa Certified Vacation Rental" permit number [1] Clause Section 17.52.515(E)(5) also bars anyone from advertising a transient occupancy use in a residential or nonresidential zoning district unless it is an approved hotel use in a nonresidential district, a bed and breakfast inn with a use permit, or a permitted vacation rental. Subsection A(4) explains the purpose: preventing advertisers from implying that a property is available for transient occupancy when it is not authorized. |
| Is a 24-hour contact required? | Yes: the owner (hosted) or authorized agent (non-hosted) must be reachable by telephone 24 hours a day while the unit is rented and on the premises within one hour of a notification [1] Clause Section 17.52.515(E)(6)(a) and (b) set both duties. The one-hour clock starts when a renter, the Director or an Enforcement Officer notifies the contact of a need to address a permit compliance issue or the health, safety or welfare of the public or the renter. The contact's name and 24-hour telephone number go in the notice to neighbors within 500 feet (D)(7). |
| Parking and trash rules | Overnight renters' vehicles are limited to the number of renters named in the permit and must use designated on-site parking where possible; no limousine or bus parking that blocks emergency access; trash cans may go out no earlier than 24 hours before pick-up [1] Clause Section 17.52.515(E)(4)(c) to (f). The permittee must give access to the garage if it was counted in the number of on-site spaces. Limousine and bus parking, and stopping without the driver present, may not interfere with emergency vehicle access, and the driver must move the vehicle immediately in an emergency. The permittee must provide refuse and recycling service, keep the property and street free of debris and keep trash cans clean under Chapter 5.60. |
| House rules, rental agreement and posting | The permittee gives the Director a copy of the house rules before renting, posts the house rules, rental agreement and permit inside the unit, and has each renter sign an acknowledgment of the house rules [1] Clause Section 17.52.515(E)(4) requires the permittee to notify the Director in writing of any change to the house rules, to post the copies in a prominent location inside the unit before each rental, and to have the prospective renter sign an agreement acknowledging and promising to comply with the house rules as part of the application for rental. Only one rental agreement per vacation rental unit may be in effect at any one time (E)(6)(c). |
| Annual inspection and safety requirements | The owner must allow an annual inspection by an enforcement officer and meet a fire and electrical safety checklist, including smoke detectors, a portable fire extinguisher and an emergency-number packet for renters [1] Clause Section 17.52.515(E)(3) lists the checklist: visible street address, smoke detectors per the California Building Code, no double keyed dead bolts on exit doors, a portable fire extinguisher, unobstructed exit doors, clearance from ignition sources, hot ashes in a lidded metal container 10 feet from the building, BBQs and open fires in approved appliances, no exposed wiring, a labeled breaker box without open slots, no penetrations in the garage firewall, and an emergency-numbers packet for renters. The annual inspection fee is paid with the annual review (H)(1). |
Penalties & enforcement
| Penalties for violations | Operating a transient occupancy use without hotel, bed and breakfast or vacation rental approval: $500 for a first violation, $750 for a second within 12 months, $1,000 for each day of each additional violation within 12 months [1] Clause Section 17.52.515(K) says these fines are in addition to the fines and enforcement costs in Section 1.16.050, and apply despite the limits in Section 1.24.060. Enforcement is under Chapter 1.16, including administrative citations under Chapter 1.24 (J)(2). |
|---|---|
| Can a permit be revoked, and how? | Yes: the Director may start proceedings to revoke or modify a permit if the use is detrimental to public health, safety or welfare, the permittee gave materially false information, or the permittee violates this section or the permit [1] Clause Under Section 17.52.515(J) the Director may issue a compliance order under Section 1.24.040. If the permittee does not cure within the time in the order, the Director or an enforcement officer may use the Chapter 17.72 remedies, including a stop order under Section 17.72.060 or a Planning Commission hearing on revocation or modification under Section 17.72.070, or the Chapter 1.16 remedies, including an administrative citation. |
| How are City decisions under this section appealed? | Permit decisions are appealed under Chapter 17.70; enforcement actions only by requesting an administrative hearing under Sections 1.24.070 to 1.24.090; a late appeal is waived [1] Clause Section 17.52.515(L)(1) covers approval, conditional approval or denial of a permit, a transfer to a purchaser, an extension or expiration after annual review, and modification or revocation. Subsection (L)(2) covers enforcement actions under (J)(2) or K. Subsection (L)(3) says failure to appeal on time is a waiver and a failure to exhaust administrative remedies. |
State law that also applies
| Who sets lodging taxes on short stays in California? | Each city or county: state law lets them levy a transient occupancy tax on stays of 30 days or less [2] Clause California Revenue and Taxation Code section 7280 lets the legislative body of any city, county, or city and county levy a tax on the privilege of occupying a room or other living space in a hotel, inn, tourist home or house, motel or other lodging, unless the stay is longer than 30 days. A county's tax applies only in its unincorporated areas. The rate, registration and filing rules are set by each city or county, so the local tax is shown in the city's own section of this page. |
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| Can cities make booking platforms report rentals and show local license numbers? | Yes, where the city or county opts in by ordinance (Short-Term Rental Facilitator Act of 2025, in force January 1, 2026) [3] Clause 1 Clause 2 Clause 3 Clause 4 Government Code sections 50990 to 50996 (Senate Bill 346, 2025) apply only in a city or county that adopts an ordinance making them apply. Where they apply, a booking platform must, on the local agency's request, report the physical address with nine-digit ZIP code of each short-term rental it facilitated (no more often than every 3 months, or monthly if the local tax is remitted monthly), and must include in each listing any applicable local license number and any transient occupancy tax certification issued by the local agency. The local agency may fine a platform that does not report. The act does not stop a city or county from regulating short-term rentals, platforms or tax collection in other ways. |
| Short-term rentals in ADUs and junior ADUs under state law | Junior ADUs, and ADUs approved under the state's by-right path, must be rented for more than 30 days; for other ADUs a city may require 30-day-plus rentals [4] [5] [6] Clause 1 Clause 2 Clause 3 Government Code section 66333(g) requires a city's junior accessory dwelling unit ordinance to require that a rental of a junior ADU be for a term longer than 30 days (as amended by Assembly Bill 1154, in force January 1, 2026). Section 66323(e) requires a city to require that a rental of an ADU created under that section (the ministerial, by-right approvals) be for a term longer than 30 days. For other ADUs on a lot with a single-family home, section 66315 bars standards beyond section 66314, including owner occupancy, except that a city may require that the property be used for rentals of terms 30 days or longer. Cities can be stricter in their own codes; see the city section. |
| Can an HOA or condo association ban short-term rentals? | Yes: associations may prohibit rentals of 30 days or less, though they cannot ban or unreasonably restrict longer rentals [7] Clause Civil Code section 4741 says an owner in a common interest development is not subject to a governing-document provision that prohibits, has the effect of prohibiting, or unreasonably restricts renting or leasing a separate interest, ADU or junior ADU, and an association may not cap rentals below 25 percent of the separate interests. The same section says it does not prohibit an association from adopting and enforcing a provision that prohibits transient or short-term rental of a separate property interest for 30 days or less. Check your association's governing documents. |
| Are short-stay guests covered by California landlord-tenant law? | Not by the Civil Code chapter on renting homes while the stay is subject to a local occupancy tax [8] Clause Civil Code section 1940 applies the chapter on hiring of real property (Civil Code sections 1940 to 1954.071) to tenants, lessees, boarders, lodgers and others who hire dwelling units, but excludes a person in transient occupancy in a hotel, motel, residence club or other facility when the stay is or would be subject to a transient occupancy tax under Revenue and Taxation Code section 7280 (stays of 30 days or less). Stays longer than that are not covered by this exclusion. |
Changes
Recent and pending changes
We read Section 17.52.515 (Vacation rental permits) of the City of Napa Municipal Code, within Chapter 17.52, and the code's table of contents, as published on eCode360 and captured on October 19, 2026. The table of contents says the code includes legislation through Ord. No. O2026-010 adopted August 4, 2026. We haven't reviewed the zoning chapters, Chapter 3.20 (transient occupancy tax), Chapter 5.04 (business licenses), the fee resolution, the City's vacation rental web page or City Council and Planning Commission agendas yet, so we will watch the code for changes.
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This page is general information compiled from public sources, not legal or tax advice. HOA rules, deed restrictions and zoning for a specific property can be stricter. Confirm with the local permitting office and a qualified professional before buying or listing a property.