Buena Park, CA Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Owner-occupancy
- Required - host must reside on the property (§ 19.348.080(E)(2))
- Whole-home rentals
- Prohibited - only rooms within the host's home
- Eligible owners
- A person, not a corporation or LLC, holding fee title
- Primary-residence proof
- Driver's license, voter/vehicle reg, utility bills, or tax records
- ADUs
- Cannot be an STR; an ADU on the lot voids any STR permit (§ 19.348.080(E)(10))
- Non-habitable structures
- Tents, RVs, garages, sheds cannot be rented or count for occupancy
Summary
Buena Park allows short-term rentals only in the host's primary residence. The owner must reside on the property, whole-home rentals are banned, and only a person (not a corporation or LLC) holding fee title may hold a permit. ADUs cannot be rented, and a property with an ADU cannot operate an STR at all.
The host is required to reside on the property on which the short-term rental is located. Further, a sleeping area must, at a minimum, include shared use of a full bathroom.
3. The host shall comply with all requirements of and be subject to the Business License Fees (Title 5 of this Code) and the Transient Occupancy Tax (TOT) (Chapter 3.16 of this Code) for the short-term rental use. The TOT may be remitted by the hosting platform on behalf of the host. The host shall have the duty and liability to ensure timely remittance of the TOT to the City in compliance with Chapter 3.16 of this Code.
4. The host shall permit the Enforcement Officer to conduct an annual inspection of the short-term rental premises to confirm compliance with this section. The City shall notify the permittee of the scheduled inspections at least 2 weeks in advance.
a. The property address shall be visible from the street and in contrasting colors for quick identification by emergency responders.
b. Smoke detectors shall be installed per the California Building Code.
c. No double keyed dead bolts may be installed on exit doors.
d. A fully charged, portable fire extinguisher shall be provided in an easily accessible and clearly designated area.
e. Exit doors may not be obstructed and/or prohibited from fully opening.
f. Clearance from ignition sources such as luminaries, heaters and flame-producing devices shall be maintained in an approved manner.
g.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Buena Park's ordinance is built around owner-occupancy. 080(E)(2) requires the host to reside on the property on which the short-term rental is located, and a rented sleeping area must at minimum include shared use of a full bathroom. The application must include documentation - driver's license, voter registration, vehicle registration, utility bills, or property tax records - establishing that the host resides at the unit as their primary residence; 'resides' is defined as legal/primary residence as reflected in title records, homeowner's exemption, voter or vehicle registration.
The FAQ confirms: 'Per City Ordinance #1675, the property owner is required to reside on site in order to host a Short Term Rental. ' Only one or several rooms within the home may be rented. 'Owner' is defined as a person or persons - not a corporation or LLC - holding fee title, which eliminates investor and corporate STRs. 080(E)(10) makes a permit void upon approval of an ADU on the property; if an ADU exists, no structure on the property (including the primary home) may be an STR. Structures not built for habitable use (tents, trailers, tree houses, garages, sheds, RVs) cannot be rented or used to satisfy the owner-occupancy requirement.
Violations & Fines
Renting a whole home, renting while not residing on-site, or operating under corporate/LLC ownership violates Section 19.348.080 and is grounds for denial, suspension, or revocation of the permit, in addition to misdemeanor or infraction prosecution under Chapter 1.04. Misrepresenting primary residence in the perjury declaration is independent grounds for revocation for false or misleading information.
Frequently Asked Questions
Does Buena Park allow whole-home short-term rentals?
Can I run a short-term rental out of my ADU or guest house?
Sources & Official References
Other rules in Buena Park
California rules heatmap·Compare Buena Park to another location·View the California short-term rentals overview
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