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Short-term rental rules · Newport Beach, California

Short-term rentals in Newport Beach, explained properly.

Short-term rentals of 30 consecutive days or less in the City of Newport Beach need an annual City short term lodging permit and a City business license, and the permit is limited to residential districts and two mixed-use areas. Permits are capped at 1,475 in residential districts, 75 in the multi-use area and 1,550 citywide, with a waiting list when the cap is reached. Since June 1, 2004 no permit is issued for a unit zoned Single-Unit Residential (R-1) unless it already held an unrevoked permit. Permit conditions include a two-night minimum stay, no guests under 25, a local contact who answers within 30 minutes, quiet hours from 10:00 p.m. to 10:00 a.m., and the permit number in every ad. We haven't reviewed the zoning code, the fee schedule or the tax chapters yet.

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At a glance

What you need to know before you buy or list

QuestionAnswer
Are short-term rentals allowed?Conditional: allowed only in a residential district or multi-use area with a City short term lodging permit; no new permit for a dwelling unit zoned Single-Unit Residential (R-1) unless it already held an unrevoked permit; permits are capped at 1,550 citywide; zoning use tables not reviewed [1] ClauseConfirming
Is a City short term lodging permit required?Yes: a valid annual short term lodging permit for each unit, issued only to the owner, together with a City business license for the short term lodging business. Excluded: accessory dwelling units are not lodging units under the chapter [1] Clause
Is there a cap on the number of short term lodging permits?Yes: 1,475 permits in residential districts, 75 in the multi-use area and 1,550 citywide; multi-unit developments of 5 or more units may permit at most 20 percent of their units; a waiting list is kept when the cap is reached [1] ClauseConfirming
Must the owner live on the property?No: Chapter 5.95 does not require the owner to live on site; the permit is issued only to the owner, who may use a written-authorized agent, and a local contact person who lives within 25 miles must be available 24 hours a day; home-sharing (the owner living on site during the stay) is one kind of short term use [1] ClauseConfirming

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Detailed rules

The full picture, section by section

Permit and license process

Can a new short term lodging permit be issued for a dwelling unit zoned Single-Unit Residential (R-1)?No: since June 1, 2004 no annual permit is issued or renewed for a dwelling unit on an R-1 parcel (or one designated single-family in a planned community, specific area plan or planned residential district), except a unit that previously held a permit that was not revoked [1] Clause

This is Sec. 5.95.015. Units that already held a permit that was never revoked keep eligibility; the other conditions of the chapter, including the permit caps, still apply. Zoning (Titles 20 and 21) hasn't been reviewed yet, so confirm a parcel's zone with the City.

Can an accessory dwelling unit hold a short term lodging permit?No: Chapter 5.95 says an accessory dwelling unit is not a lodging unit or unit for purposes of the chapter, which defines the units the permit covers [1] ClauseConfirming

The definition of accessory dwelling unit follows Chapter 20.70, which we haven't reviewed. California law on short-term rental of accessory dwelling units is in the state section of this page.

How do I apply for the permit?File on City forms with the Administrative Services Director: new, renewal, reinstatement or transfer; renew within 30 calendar days of expiration or the permit is deemed abandoned [1] ClauseConfirming

The application lists owner and agent contacts, evidence of a valid City business license, bedrooms, gross floor area, on-site parking spaces with location and size, a nuisance response plan, a CC&R certification, acknowledgment of the regulations and anything else the Director reasonably needs (Sec. 5.95.030). An incomplete application must be completed within 30 calendar days of notice. A permit closed for inactivity must be reinstated within 30 calendar days of closure, and a suspended permit within 30 calendar days of the end of suspension. The Director may extend these deadlines for good cause. An application can be denied if the owner lacks a current business license, owes transient occupancy tax, visitor service fee, penalties, fines or inspection costs, the nuisance response plan is inadequate, or a permit for the same unit and owner was revoked (Sec. 5.95.035; this section lists Ordinance 2026-14, September 8, 2026, in its history note).

What does the permit cost?Set by City Council resolution; the amount and fee schedule date haven't been reviewed yet [1] ClauseConfirming

Sec. 5.95.040 requires each application (new, renewal, reinstatement or transfer) to be accompanied by a fee set by City Council resolution, no greater than necessary to cover the City's cost of administering the chapter and providing the answering service. The fee schedule hasn't been reviewed yet, so no amount is shown here. Waiting-list applications also carry a fee set by resolution.

Can a short term lodging permit be transferred?Conditional: only in listed cases, to a trust, a business entity or an immediate family member within 365 days of the title transfer, to a bona fide purchaser within 60 days, or to heirs within 90 days after the estate is closed and assets distributed [1] Clause

Sec. 5.95.043: the transfer application must be filed under Sec. 5.95.030 within the stated time, the permit must be valid and not abandoned, and a missed deadline waives the transfer and the permit is abandoned unless the Director finds good cause. Owners who timely apply to transfer have priority over the waiting list.

Can a tenant rent the unit short term?No: the owner must prohibit a lessee from renting the unit to a transient user for a short term or from home-sharing, and it is unlawful for a lessee to do so [1] Clause

Sec. 5.95.045(A)(1) makes this a standard permit condition; Sec. 5.95.047(B) makes it unlawful for any lessee to rent a lodging unit to a transient user for a short term.

Operating rules

Is there a minimum rental stay?Yes: no rental, advertisement or rental agreement for less than two consecutive nights [1] Clause

Standard permit condition, Sec. 5.95.045(A)(21). The permit chapter regulates rentals of 30 consecutive days or less.

Can the owner rent to a guest under age 25?No: the owner shall not rent to a transient user under the age of 25 [1] Clause

Sec. 5.95.045(A)(2). When the City gives verbal notice of a violation, a transient user who is 25 or older and named on the rental agreement must appear at the unit, along with the owner or agent, within two hours (Sec. 5.95.045(A)(24)).

Is there an overnight occupancy limit?Yes: the written rental agreement must limit overnight occupancy to the maximum permitted by the building code and fire code, and all occupants must live together as a single housekeeping unit [1] Clause

Sec. 5.95.045(A)(3)-(4). The owner must ensure the guest complies with the agreement. Guests may not exceed the designated overnight occupancy limit (Sec. 5.95.047(A)(1)).

Is a 24-hour local contact person required?Yes: a local contact within 25 miles who responds to any call about the unit within 30 minutes; a new contact must be given within 5 business days of a change [1] Clause

Sec. 5.95.045(A)(9), (12): the contact's name and 24-hour phone number go to the City and are posted in the unit. Separately, after a City official's good-faith determination of a violation and verbal notice, the owner or agent must appear in person at the unit within two hours (Sec. 5.95.045(A)(24)).

Are there quiet hours?Yes: no amplified or reproduced sound outside the unit or audible from the property line between 10:00 p.m. and 10:00 a.m. [1] Clause

Sec. 5.95.045(A)(17) and Sec. 5.95.047(A)(4). Chapters 10.28, 10.58 and 10.66 also apply and haven't been reviewed.

Parking rulesAll on-site spaces (garage, carport, driveway, tandem) must be available to guests; the owner discloses the number of spaces and that street parking may not be available; guests must use on-site parking before street parking [1] Clause

Sec. 5.95.045(A)(13), (22)-(23) and Sec. 5.95.047(A)(2). The owner must get license plate numbers for guests' vehicles and give them to the City within seven calendar days of a request. A parking citation within 100 feet of the property line during the rental creates a presumption the guest was staying at or visiting the unit.

Are large gatherings, commercial filming or wedding receptions allowed?No: a permitted unit may be used only for residential purposes, not for large commercial or non-commercial gatherings, commercial filming or nonowner wedding receptions [1] Clause

Sec. 5.95.045(A)(16); it is also unlawful for a guest (Sec. 5.95.047(A)(5)).

Must the permit number appear in every advertisement?Yes: the City-issued permit number on all advertisements, and guests must be told the amount of transient occupancy tax and visitor service fee before the booking is completed [1] Clause

Sec. 5.95.045(A)(15). The tax rates are in Chapters 3.16 and 3.28, which haven't been reviewed.

Must the owner collect and remit transient occupancy tax and the visitor service fee?Yes: all transient occupancy taxes and visitor service fees must be collected and remitted to the City under Chapters 3.16 and 3.28; rates haven't been reviewed [1] Clause

Sec. 5.95.045(A)(11). If the Administrative Services Director directs a hosting platform or agent in writing to collect and remit, the owner must still ensure it happens and file the platform's receipts with the return (Sec. 5.95.050(A)). Failing to collect and remit twice in 36 months can lead to revocation. No combined total is shown.

City inspections and records requestsThe owner must allow an inspection 7 calendar days after the City serves a request, and provide rental agreements, the good neighbor policy and guest vehicle plate numbers within 7 calendar days of a request [1] Clause

Sec. 5.95.045(A)(19), (20), (22). If an inspection shows the application information was false, the owner is liable for the inspection cost and the permit can be revoked (Sec. 5.95.065(A)(8)).

What must booking platforms and agents do?Prompt hosts to show the City registration number, stop bookings within 5 business days of a City notice that a listing is noncompliant, and report listings to the City [1] Clause

Sec. 5.95.050: hosting platforms and agents disclose each listing, responsible persons, address, length of stay and price on a regular basis (subject to applicable law); they may not charge fees for services ancillary to an unpermitted unit; they collect and remit tax only if directed in writing by the Director. The City Manager may issue administrative subpoenas for listing information (Sec. 5.95.055).

Penalties & enforcement

Can a permit be suspended or revoked?Yes: for example a six-month suspension for two or more violations in 12 months, and revocation for three or more violations in 12 months; certain violations in a high-risk period (Memorial Day, Fourth of July, Labor Day weekends, spring break) require revocation [1] Clause

Sec. 5.95.065: two or more permit-condition or code violations in 12 months allow a six-month suspension; in a safety enhancement zone, a violation allows a one-year suspension or revocation; two or more loud or unruly gatherings in 24 months allow a one-year suspension or revocation; three or more violations in 12 months, a violation within six months of reinstatement, false application information, or failing to remit transient occupancy tax or the visitor service fee two or more times in 36 months allow revocation. If the evidence shows a listed violation during a high-risk period, the permit shall be revoked. The Director gives written notice; the owner has a right to a hearing request with a fee set by resolution; the City Manager decides within 30 days and the decision is subject to judicial review. Fine amounts under the Code haven't been reviewed.

Is a permit closed for inactivity?Yes: the Director closes a permit with no activity for two consecutive annual reporting periods; the owner may reapply for reinstatement one time [1] ClauseConfirming

Sec. 5.95.080: closure also follows an owner's written notice of the last rental; a final tax and fee bill is due 30 days from the invoice. A second inactivity closure is not eligible for reinstatement. This section lists Ordinance 2026-14 (September 8, 2026) in its history note; confirm the current text with the City.

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.

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 lawJunior 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.

Short-term rental rules in the coastal zoneLocal 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 [9] Clause

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 Chapter 5.95 (Short Term Lodging Permit) of the Newport Beach Municipal Code as captured on October 18, 2026. Its history notes list Ordinances 2020-15, 2023-23, 2025-15, 2025-37 (January 13, 2026), 2026-2 (February 24, 2026) and 2026-14 (September 8, 2026). The text does not show effective dates, so we treat the codified text as current and will confirm the effective date of Ordinance 2026-14. We haven't reviewed Titles 20 and 21 (zoning), Chapters 3.16 and 3.28 (tax), the fee schedule or City Council agendas yet, so we will watch the Code and Council agendas for changes.

Jan 13, 2026
Ordinance 2025-37, amendments to Chapter 5.95Enacted [1] Clause

The history notes show Ordinance 2025-37, dated January 13, 2026, among the amendments to the definitions, application, denial, permit cap, transfer, conditions, platform and closure sections.

Feb 24, 2026
Ordinance 2026-2, amendments to conditions and suspensionsEnacted [1] Clause

The history notes show Ordinance 2026-2, dated February 24, 2026, among the amendments to the permit conditions (Sec. 5.95.045) and suspension and revocation (Sec. 5.95.065) sections.

Sep 8, 2026
Ordinance 2026-14, amendments to denial, permit cap and closureEnacted [1] Clause

The history notes show Ordinance 2026-14, dated September 8, 2026, among the amendments to denial of permit (Sec. 5.95.035), maximum number of permits (Sec. 5.95.042) and license and permit closure (Sec. 5.95.080). The effective date isn't shown in the text we reviewed.

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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.