Under Zoning Code Section 7-9-93, overnight occupancy of an unincorporated Orange County short-term rental is capped at two persons per bedroom plus two additional persons. The Director may approve a higher number case-by-case. Maximum occupancy and a violation notice must be posted inside the unit and in the lease.
Section 7-9-93(e) sets a clear overnight occupancy formula: 'The maximum overnight occupancy of the short-term rental shall be limited to two (2) persons per bedroom plus two (2) additional persons within the short-term rental.' For example, a three-bedroom rental would allow up to eight overnight guests (3 x 2 = 6, plus 2). The ordinance gives the OC Development Services Director discretion to approve a greater maximum number of overnight occupants on a case-by-case basis, as part of a permit application or renewal. Occupancy limits must be communicated to guests: Section 7-9-93(e)(12) requires every lease or rental agreement, and a posting in a clearly visible location inside the rental, to state the maximum number of occupants permitted and to notify guests that failure to conform to the maximum occupancy is a violation. The posting and lease must also list the name of the property owner or designee and a telephone number reachable at all times, and warn that occupants may be cited or fined by the County and/or immediately evicted by the owner for violating any applicable regulations, including quiet hours. These occupancy rules are County-specific and stand alongside the County's parking and noise standards.
Exceeding the posted maximum overnight occupancy is a violation that may lead to citation or fine by the County and immediate eviction by the owner. Repeated violations (two) can suspend STR operations for up to one year under Section 7-9-93.
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