Occupancy Limits: Berkeley vs Oakland
How do occupancy limits rules compare between Berkeley, CA and Oakland, CA?
Berkeley has fewer restrictions than Oakland.
Berkeley, CA
Alameda County
Berkeley STR occupancy is limited to two persons per bedroom plus two additional occupants, consistent with California building and housing codes.
View full Berkeley rules →Oakland, CA
Alameda County
Under OMC Chapter 5.96, Oakland short-term rentals are capped at 2 overnight guests per bedroom plus 2 additional, with a hard maximum of 10 overnight guests per property regardless of size. Hosted (host-occupied) and unhosted STRs follow the same per-bedroom caps, and the ordinance prohibits using STRs for parties, events, or commercial gatherings.
View full Oakland rules →Key Facts Comparison
| Fact | Berkeley | Oakland |
|---|---|---|
| Standard Limit | 2 per bedroom + 2 additional | - |
| Example 2BR | Maximum 6 occupants | - |
| Postings | Max occupancy must be posted | - |
| Day Guests | Count toward gathering limits | - |
| Enforcement | Berkeley Fire and Code Enforcement | - |
| - | - |
Highlighted rows indicate differences between cities.
Berkeley FAQ
Can I host a wedding reception at my Berkeley STR?
No. Events exceeding posted occupancy require event permits and are generally not allowed at residential STRs.
Do children count toward the occupancy limit?
Yes. All occupants including infants and children count toward the posted maximum under fire code.
Oakland FAQ
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