Short-Term Rentals Permits

What is a short-term rental?

A short-term rental business provides visitor lodging for less than 30 consecutive days. This includes people who rent out a spare bedroom to travelers on Airbnb, or property owners that rent out their whole house while they are out-of-town on a website like VRBO. Anyone who operates a short-term rental business in Benicia must register and obtain approval from the City and pay all associated fees and taxes.

What are the permits?
  • Zoning Permit – An application authorizing approval of short-term rentals, where they are allowed and do not require a use permit.  The zoning permit includes standard conditions of approval to ensure that the short-term rental operation is compliant with land use regulations, avoids potential nuisance issues, and upholds public health and safety.
  • Use Permit – An application to permit the operation of a short-term rental business beyond what is allowed under standard land use regulations as a bed and breakfast. This permit requires a public hearing before the Zoning Administrator.
How do I get started?
  1. Obtain a permit for the business from the Planning Division.
  2. Register for a Business License online and pay the affiliated fee. Note – issuance of a business license does not authorize the short-term rental use.
  3. Submit a completed Transient Occupancy Tax (TOT) form to the Community Development Department. This is how taxes will be assessed and collected for the short-term rental businesses. Please visit the Economic Development Division’s website for further information.
Which permit do I need?

The appropriate permit is determined by the property’s zoning, location, the number of rented bedrooms, and the nature of the rental operation. The general guidelines for permits are below, please contact the Planning Division at 707-746-4320 or comdev@ci.benicia.ca.us for individual application requirements.

ZONING
  • Properties located downtown in the Neighborhood General, Neighborhood General Open, Town Core, and Town Core Open zoning districts usually need a zoning permit.
  • Properties zoned Community Commercial or Office Commercial require use permits.
  • The required permit in the Single Family, Medium Density, and High Density Residential districts depends on the number of bedrooms.
BEDROOMS
  • If two or fewer bedrooms are rented out in a single family home, a zoning permit is usually applicable.
  • If more than two bedrooms or the entire dwelling is rented out, a use permit may be required.
OPERATIONS
  • Hosted short-term rentals usually need a zoning permit. A hosted short-term rental means that the occupants of the residence are home while guests are there.
  • “Not-hosted” short-term rentals may require use permits. A not-hosted short-term rental is when the occupants are absent for guests’ stays.
Are there any restrictions?
  • Accessory dwelling units (also called in-law units, granny flats, or backyard cottages) cannot be used for short-term rentals.
  • Short-term rentals are not permitted in the Industrial Park and certain zoning districts.
  • Homeowners associations may disallow short-term rentals.
  • Renters need written permission from their landlord or property manager before starting a short-term rental business.
  • All short-term rentals must comply with the standard conditions of approval. Additional conditions may be required for short term rental businesses that need a use permit.
Where can I get the forms or more information?