Short-term rental rules · Santa Barbara, California
Short-term rentals in Santa Barbara, explained properly.
The City of Santa Barbara treats short-term rentals as hotels under its zoning code, so they are allowed only in zones where hotels are allowed and not in single-unit or two-unit residential zones, and a home must go through a change of use to hotel use. In the coastal zone, a 2021 appeals court ruling upheld an order barring the City from enforcing its 2015 ban without Coastal Commission approval. ADUs, junior ADUs and the main home on those lots must be rented for at least 31 days. Operators register for and collect the City's 12% transient occupancy tax. New short-term rental and homeshare ordinances were scheduled for the City Council on October 6, 2026; the coastal ordinance then needs Coastal Commission review.
At a glance
What you need to know before you buy or list
| Question | Answer |
|---|---|
| Are short-term rentals allowed? | Only where hotels are allowed: the City treats them as hotels, so they are not allowed in single-unit and two-unit residential zones[1][2][3][4]ClauseClauseClauseClauseClauseClauseClause |
| Short-term rental ban in the coastal zone: 2021 court ruling | A 2021 appeals court ruling upheld an order barring the City from enforcing its 2015 short-term rental ban in the coastal zone without Coastal Commission approval[5][3][6]ClauseClauseClauseClauseClauseClauseConfirming |
| Is a short-term rental permit required? | There is no single short-term rental permit; where hotels are allowed, the home must go through a change of use to hotel use[3][7]ClauseClauseClauseClauseClause |
| Short-term rentals in ADUs and junior ADUs (and the main home on that lot) | Not allowed: if rented, the main home, ADU or junior ADU must be rented for at least 31 consecutive days[8][9]ClauseClause |
| Transient occupancy tax registration required | Yes: register with the City within 30 days of starting; the registration is not a permit[10][11]ClauseClauseClauseClauseClause |
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Detailed rules
The full picture, section by section
Taxes
| City transient occupancy tax | 12% of rent (10% under Chapter 4.08 plus 2% under Chapter 4.09)[10][12][11]ClauseClauseClauseClause Municipal Code section 4.08.030 sets a 10% tax on the rent charged to each transient in any hotel, and section 4.09.010 adds a further 2% tax "in addition to the tax imposed by Chapter 4.08" (for creeks and water quality). The Finance Department's page says the TOT, which applies to short-term rentals, is assessed at 12% of monthly gross rents, of which 10% is unrestricted and 2% is restricted to creeks restoration and water quality (Measure B). The Finance page also lists a separate tourism business improvement district assessment; whether it applies to short-term rentals is not stated, so it is not shown here. |
|---|---|
| Filing and paying the tax | Monthly by the 15th, one form per property even if nothing is due; late payments draw a 10% penalty, another 10% after 30 days, plus 0.5% interest a month[11]ClauseClauseClause The Finance Department says hotel and STR operators must submit the remittance form and payment for the previous month's receipts by the 15th calendar day of each month (effective August 1, 2026), with a separate form for each short-term rental property even if no payment is due. A 10% penalty applies from the day after the due date, with an additional 10% penalty and interest of 0.5% a month if more than 30 days late. |
Enforcement
| Complaints and enforcement | City Attorney's Short-Term Rental Enforcement Program; hotline (805) 897-1934[4]ClauseClauseClause The City Attorney's Office launched its Short-Term Rental Enforcement Program on August 1, 2023 to increase enforcement against illegal short-term rentals. Complaints can be filed with the program's form or by calling its hotline. |
|---|
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[13]ClauseClause 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. |
|---|---|
| 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)[14]ClauseClauseClauseClauseClause 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[15][16][17]ClauseClauseClauseClause 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[18]ClauseClause 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[19]ClauseClause 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. |
| Short-term rental rules in the coastal zone | Local short-term rental rules in the coastal zone go through the local coastal program or a coastal development permit; the Coastal Commission has not supported blanket bans[20]ClauseClauseClauseClause In a December 6, 2016 letter to coastal cities and counties, the California Coastal Commission said that regulating short-term or vacation rentals in the coastal zone must happen within the local coastal program or under a coastal development permit, because it changes the intensity of use and access to the shoreline and so counts as development under the Coastal Act. The Commission said it does not believe outright bans adopted outside that process are legally enforceable in the coastal zone, that it has not historically supported blanket bans, and that it has supported limits such as caps on numbers by area, limits on days, occupancy limits, 24-hour response, parking, noise and signage rules and payment of transient occupancy tax. This applies only to places inside the coastal zone. |
Changes
Recent and pending changes
We read the City of Santa Barbara Municipal Code on eCode360 (Title 30 inland zoning, Title 28 coastal zoning and Chapters 4.08 and 4.09 on the transient occupancy tax; the code includes ordinances through August 4, 2026 and the two later ordinances awaiting codification do not touch these rules), the City's Short-Term Rental Ordinance page, the Finance Department's transient occupancy tax page, the City Attorney's short-term rental enforcement page and the 2021 Court of Appeal opinion in Kracke v. City of Santa Barbara. New short-term rental ordinances for the inland and coastal zones were scheduled for the City Council on October 6, 2026; the coastal ordinance then goes to the California Coastal Commission. We will watch the zoning codes, the tax chapters and the City's short-term rental pages.
The City Council was scheduled to consider the final draft ordinances on October 6, 2026. They would set a licensing process and operating standards for short-term rentals, generally in areas zoned for hotels, commercial uses and multi-residential areas, and for homeshares (renting part of a primary residence while the owner or host is present). After City Council action the ordinances go to the California Coastal Commission, whose review and certification of the coastal ordinance the City expects from summer 2026 to summer 2027.
Sources
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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.