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Brentwood, CA Short-Term Rentals: Occupancy Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Common benchmark: 2
Common benchmark: 2 persons per bedroom plus 1 (HUD Keating Memo)
Every sleeping room
Every sleeping room must have egress per CRC R310
Garage Conversion
Unpermitted conversions (garages, basements) do not count as bedrooms
Large events typically
Large events typically require a separate special event permit
HOA CC&Rs may
HOA CC&Rs may set stricter occupancy limits under Davis-Stirling

Summary

Brentwood applies standard residential occupancy limits to short-term rentals. California Building Code and the Uniform Housing Code generally support a 2-persons-per-bedroom-plus-1 guideline as reasonable. Operators must also comply with fire and life-safety egress requirements, parking capacity, and any HOA occupancy limits in CC&Rs.

17920.3. Any building or portion thereof, regardless of zoning designation or approved uses of the building, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public shall be deemed and hereby is declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following: (1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.

Source: California Residential Code R310 Emergency EscapeView official code

Full Breakdown

California does not set a statewide STR-specific occupancy cap, so Brentwood relies on established residential occupancy standards derived from the California Building Code, the Uniform Housing Code Section 503(b), and federal HUD guidance. The widely used benchmark is 2 persons per bedroom plus 1 additional occupant, which HUD's Keating Memo recognizes as presumptively reasonable for fair housing purposes. For a typical 3-bedroom Brentwood home this means up to 7 overnight guests. Operators should not advertise capacities that exceed what bedroom count, septic/sewer capacity, and fire egress reasonably support.

Every sleeping room must have an approved means of escape or rescue (egress window meeting CBC dimensions, or direct exterior door) under California Residential Code R310. Converted garages, unpermitted basement rooms, and enclosed patios typically cannot count as bedrooms for occupancy purposes. Brentwood's general nuisance and noise ordinances apply to any gathering regardless of whether guests are overnight: amplified music, loud parties, and disorderly conduct can trigger response from Brentwood Police and code enforcement, and repeated issues can support revocation of the TOT certificate. Events such as weddings, receptions, or large parties at an STR generally require a separate special event permit and often exceed what residential zoning allows.

Parking capacity is a practical constraint: occupancy that generates more vehicles than the property can accommodate off-street frequently triggers neighbor complaints and enforcement. HOAs under Davis-Stirling may set stricter occupancy caps in CC&Rs, and Civil Code 4741 allows reasonable limits so long as they do not effectively prohibit rentals of 30 days or more.

Frequently Asked Questions

How many guests can I host in a 4-bedroom Brentwood STR?
Using the 2-per-bedroom-plus-1 standard, up to 9 overnight guests is generally defensible, subject to egress, parking, septic/sewer capacity, and any HOA cap.
Do children count toward occupancy limits?
Fair-housing guidance generally counts children, but some operators exclude infants. Check your HOA rules and any specific city policy, and do not set unreasonably low caps that could create familial-status claims.
Can I host a wedding or party at my STR?
Generally not without a separate special event permit. Residential zoning and the STR framework do not contemplate commercial events, and noise and parking rules will apply strictly.

Sources & Official References

Other rules in Brentwood

All Brentwood rules

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