Newport Beach, CA Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Occupancy standard
- Max allowed by building & fire code
- Agreement required
- Written, single housekeeping unit
- Inspection notice
- 7 calendar days
- Governing sections
- NBMC §§ 5.95.045(A)(3),(19)
- Repeat violations
- 2 strikes/12 mo triggers suspension
Summary
Every Newport Beach short term lodging permit requires a written rental agreement limiting overnight occupancy to the maximum allowed by the building code and fire code. Exceeding that occupancy cap is a standalone violation for the renter, and the City can inspect a unit on seven days' notice to verify the numbers behind it.
The owner shall enter into a written agreement with the transient user that requires: a. All persons residing in the short term lodging unit to live together as a single housekeeping unit; and b. Limits the overnight occupancy of the short term lodging unit to the maximum permitted by the building code and fire code. … The owner shall allow the City to inspect the short term lodging unit to confirm the number of bedrooms, gross floor area, and number/availability of parking spaces, seven calendar days after the City serves the owner with a request for inspection in accordance with § 1.08.080. If, based on the inspection, it is determined that the information submitted to the City in accordance with § 5.95.030 was false, in addition to any other remedy set forth in this chapter, the owner agrees that the owner shall be liable for the cost of conducting the inspection. … Exceed the overnight occupancy limit designated for the short term lodging unit.
Full Breakdown
045(A)(3) requires every short term lodging owner to sign a written agreement with each transient user that requires all occupants to live together as a single housekeeping unit and limits the overnight occupancy of the unit to the maximum permitted by the building code and fire code. 045(A)(4) to ensure the transient user actually complies with that agreement. 047(A)(1) separately makes it unlawful for any transient user, occupant, or guest to exceed the designated overnight occupancy limit, exposing the renter directly to citation, not just the owner.
080, specifically to confirm the number of bedrooms, gross floor area, and parking availability; if the inspection shows the owner submitted false information, the owner is liable for the cost of the inspection in addition to any other penalty available under the chapter. Because the fire and building codes set a bedroom-and-square-footage-based occupancy formula, the actual maximum head count differs unit by unit and is fixed on the permit itself rather than stated as one citywide number. 065.
Violations & Fines
Exceeding the posted overnight occupancy limit is a standalone violation under § 5.95.047(A)(1), citable against the transient user or guest directly. Two occupancy-related violations at the same unit within 12 months can trigger a six-month permit suspension under § 5.95.065(A)(1); a third violation can lead to revocation under § 5.95.065(A)(6).
Frequently Asked Questions
What is the maximum overnight occupancy for a Newport Beach short-term rental?
Who gets cited if a rental exceeds its occupancy limit?
Can the City inspect a rental to verify occupancy claims?
Sources & Official References
Other rules in Newport Beach
California rules heatmap·Compare Newport Beach to another location·View the California short-term rentals overview
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Occupancy Limits in Nearby Cities
How other cities in Orange County handle occupancy limits.