Primary-Residence-Only Rule: Newport Beach vs Santa Ana
How do primary-residence-only rule rules compare between Newport Beach, CA and Santa Ana, CA?
Newport Beach has fewer restrictions than Santa Ana.
Newport Beach, CA
Orange County
Orange County's short-term rental ordinance (Zoning Code Section 7-9-93) for unincorporated areas does NOT require the home to be the owner's primary residence. Non-owner-occupied whole-home rentals are allowed with a permit. The only residency-style restriction is that Accessory Dwelling Units cannot be used as short-term rentals.
View full Newport Beach rules →Santa Ana, CA
Orange County
Santa Ana limits short-term rental operation to a host's primary residence. Investor-owned non-owner-occupied STRs are prohibited citywide, protecting long-term rental housing stock in the dense, Latino-majority urban core.
View full Santa Ana rules →Key Facts Comparison
| Fact | Newport Beach | Santa Ana |
|---|---|---|
| Primary-residence rule | None in Sec. 7-9-93 (not required) | - |
| Whole-home, non-owner-occupied | Allowed with a permit | - |
| ADUs | Cannot be used as short-term rentals | - |
| Owner change | Terminates the permit | - |
| City rules differ | Some OC cities require owner-occupancy; County does not | - |
| Primary residence threshold | - | 275 days/year occupancy |
| Permitted STRs per host | - | One address only |
| Proof required | - | ID, voter reg, utilities |
| Investor-owned STRs | - | Prohibited citywide |
Highlighted rows indicate differences between cities.
Newport Beach FAQ
Does my home have to be my primary residence to short-term rent it in unincorporated Orange County?
No. Section 7-9-93 contains no primary-residence or owner-occupancy requirement. A non-owner-occupied whole-home rental is allowed as long as you hold a valid Short-Term Rental Permit.
Can I short-term rent my ADU instead of the main house?
No. The ordinance expressly states that Accessory Dwelling Units shall not be used as short-term rentals, even though the primary dwelling on the same lot may qualify for a permit.
Santa Ana FAQ
Can I run an STR at a second home in Santa Ana?
No. Santa Ana restricts STR permits to a host's primary residence, defined as the dwelling occupied at least 275 days per year. Second homes do not qualify.
What proves primary residency?
Acceptable evidence includes a California driver's license, voter registration, vehicle registration, or utility bills tied to the address for the prior calendar year.
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