Orange County's short-term rental ordinance (Zoning Code Section 7-9-93) does NOT require the host to be present during stays in unincorporated areas. Unhosted, whole-home rentals are permitted. The ordinance instead requires a 24/7 reachable owner or designee contact and guest-responsibility records.
Reviewing Section 7-9-93 in full, there is no host-presence or on-site-host requirement for short-term rentals in unincorporated Orange County. Unhosted, whole-home rentals are allowed under a permit. What the ordinance does require is accountability through a responsible contact and recordkeeping. Section 7-9-93(e)(12) requires that each lease or rental agreement, and a posting inside the unit, include 'the name of the property owner or designee, and a telephone number at which that party may be reached at all times.' This 24/7 contact functions as the County's substitute for an on-site host, giving neighbors, guests, and enforcement staff someone to reach about problems. In addition, Section 7-9-93(e) requires the owner, prior to occupancy, to obtain the primary adult occupant's name, address, and driver's license number or passport copy and to have that person sign a formal acknowledgement that he or she is legally responsible for compliance with the County's short-term rental provisions; this record must be available to the Orange County Sheriff or OC Development Services. These provisions place responsibility on a named owner/designee and a responsible adult guest, rather than mandating that a host live in or remain at the property during rentals.
There is no violation for operating an unhosted rental, since host presence is not required. However, failing to provide a 24/7 reachable owner/designee contact in the lease and posting, or failing to keep the required occupant-responsibility record, violates Section 7-9-93.
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