HomeMy WebLinkAboutOrdinance 416, Prohibiting Short-Term Rentals ORDINANCE NO. 416
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING
ARTICLE 15-42 PROHIBITING SHORT-TERM RENTALS
The City Council of the City of Saratoga finds that:
1. Short-term rentals of residential property are not a use allowed by the City Code. Residents
and visitors to the City will better understand this prohibition if it is stated explicitly in the
City Code.
2. Maintaining the prohibition on short-term rentals of residential property will help ensure
the health and safety of residents throughout Saratoga by protecting neighbors from
nuisance situations, maintaining the City's residential housing stock, ensuring compliance
with state laws prohibiting short-term rentals of accessory dwelling units, and protecting
neighborhood character. Enforcing the prohibition will advance all these goals and will
protect the health and safety of persons renting short-term rentals.
3. The City Council referred an earlier version of this ordinance to the Planning Commission,
and the Planning Commission held a duly noticed public hearing on the ordinance on
December 10, 2025. Following consideration of all testimony and written materials,
recommended that the City Council revise that ordinance to prohibit short-term rentals,
provide clear enforcement procedures,assess significant fines for violators, and implement
the Short-Term Rental Facilitator Act of 2025. This ordinance reflects these
recommendations.
4. The City Council of the City of Saratoga held a duly noticed public hearing on January 21,
2026,and after considering all testimony and written materials provided in connection with
that hearing, introduced this ordinance and waived the reading thereof.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Exhibit A.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section,paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid,
the City Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the remaining
portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Ordinance 416
Page 2
Section 3. California Environmental Quality Act
This legislation is categorically exempt from CEQA pursuant to Public Resources Code Sections
15061(b)(3). CEQA applies only to projects that have the potential of having a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment,the activity is not subject to CEQA.
In these circumstances,the minor amendments are clarifying only and would have a de minimum
impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing, the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on January 21, 2026, and was adopted by
the following vote on February 4, 2026.
AYES: COUNCIL MEMBERS FITZSIMMONS,ZHAO, VICE MAYOR WALIA
NOES: COUNCIL MEMBER AFTAB, MAYOR PAGE
ABSENT: NONE
ABSTAIN: NONE
14,
L'
Chuck Page, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
APPROVED AS TO FORM:
DATE: j Z
l
Richard Taylor
CITY ATTORNEY
Ordinance 416
Page 3
Exhibit A—Adoption of Article 15-42—Short-Term Rentals
The Saratoga Municipal Code is hereby amended to include the following new Article 15-42
prohibiting Short-Term Rentals.
Article 15-42 - SHORT-TERM RENTALS
Sec. 15-42.010. Short-Term Rentals
(a) No person shall rent any residential dwelling, or any portion of a residential dwelling, to
any other person for 30 consecutive days or less, whether in exchange for monetary
consideration or any form of any non-monetary consideration, including trade, fee, swap
or other consideration in lieu of payment. For purposes of this section, "residential
dwelling" means a private structure that is designed and available, pursuant to applicable
law, for use and occupancy by one or more individuals. "Residential dwelling" does not
include a commercially operated hotel, motel, or bed and breakfast inn.
(b) No property owner or tenant, or any agent or representative thereof, shall (i) arrange for
or otherwise facilitate or(ii)post, publish, circulate, broadcast or maintain any
advertisement of, a rental prohibited by the provisions of this section. Each rental
arranged or facilitated and each day that an advertisement is posted, published, circulated,
broadcast or maintained by such person in violation of this section is a separate offense.
(c) Nothing in this section shall be deemed to excuse the non-payment of any business
license fee that may be due pursuant to Article 4-06 of this Code or transient occupancy
tax that may be due pursuant to Article 5-25 of this Code, nor shall payment of such
transient occupancy tax or the collection thereof by the City be deemed to authorize any
activity otherwise prohibited by this section.
(d) The Short-Term Rental Facilitator Act of 2025 set forth in Government Code Title 5,
Division 1, Part 1, Chapter 4.6 (sections 50990 et seq.) applies within the boundaries of
the City of Saratoga. All terms used in this section shall have the meaning set forth in the
Act unless otherwise specified. Upon request by the City Manager or the Manager's
designee each short-term rental facilitator shall report, in the form and manner prescribed
in the request, the physical address, including nine-digit ZIP Code, of each short-term
rental during the reporting period and shall provide additional information requested if
the information provided is not sufficient to identify a specific short-term rental at the
provided address.
Sec. 15-42.020. Enforcement.
(a) Violations of this Article shall be an infraction subject to the following fines:
(1) A fine not exceeding one thousand five hundred dollars ($1,500) for a first
violation.
(2) A fine not exceeding three thousand dollars ($3,000) for a second violation of the
same ordinance within one year.
Ordinance 416
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(3) A fine not exceeding five thousand dollars ($5,000) for each additional violation
of the same ordinance within one year of the first violation.
(b) These fines shall not apply to a first-time offense of failure to pay a business license fee.
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