Chapter 5.95 — SHORT TERM LODGING PERMIT

The City Council of the City of Newport Beach finds and declares as follows:

A. An ever-increasing number of tourists renting short term lodging units is increasing the
demand for City services and creating adverse impacts in residential zones.

B. Over one thousand (1,000) dwelling units within residential zones near the City’s beaches
and harbor are rented for thirty (30) consecutive days or less with the vast majority of those
rentals occurring during the summer when the demand for parking and City services is the
greatest.

C. Many of the occupants of short term lodging units are permanent residents of areas distant
from Newport Beach and the City has no effective way to prevent occupants from
continuing to violate provisions of this Code and the California Penal Code relating to
noise, disturbances and disorderly conduct. The only effective way to minimize the
problems associated with occupancy of short term lodging units is to impose responsibility
on the owner of the property, either personally or through an agent, to control the conduct
of guests and occupants.

D. Numerous incidents involving excessive noise, disorderly conduct, vandalism,
overcrowding, traffic congestion, illegal vehicle parking and accumulation of refuse are
directly related to short term lodging units which increasingly require response from police,
fire, paramedic and other City services.

E. The increase in demand for City services resulting from short term lodging units
overburdens and threatens the City’s ability to provide necessary services.

F. Many short term lodging units are operated by agents and/or absentee owners who exercise
little or no supervision or control of occupants.

G. There has been an increase in the number of lodging units booked on a short term basis
where the owner of the unit does not have a short term lodging permit, affecting the ability
of the City to properly regulate the impacts caused by the illegal operation.

H. There has been an increase in the number of lodging units booked on a short term basis
where the owner of the property has not taken steps to ensure the transient occupancy tax
and visitor service fee is collected and/or remitted to the City, resulting in an unfair
business advantage to these illegal operations and loss of revenue necessary to provide City
services.

I. Problems with short term lodgings is particularly acute in residential districts where the
peace, safety and general welfare of the long term residents are threatened.

J. To ensure the effective enforcement of this Code, it is necessary to have the owner include the short term lodging permit number issued by the City on all advertisements for a short term lodging unit so the transient user knows the owner is authorized to rent the lodging unit on a short term basis.

K. To ensure the transient user knows the total cost associated with renting the lodging unit

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City of Newport Beach, CA § 5.95.005 NEWPORT BEACH CODE § 5.95.010

and to prevent fraud, it is necessary for the owner to make sure the transient user is
informed of the amount of the transient occupancy tax and visitor service fee prior to
completing a booking transaction.

L. The restrictions of this chapter are necessary to preserve the City’s housing stock, the
quality and character of the City’s residential neighborhoods and mixed-use areas as well
as to prevent and address the impacts on residential neighborhoods posed by short term
lodgings.

M. With appropriate restrictions, certain mixed-use zones present an opportunity to
accommodate tourists while protecting the City’s residential zones.
(Ord. 92-13 § 3 (part), 1992; Ord. 2020-15 § 2 (part), 2020; Ord. 2020-26 § 2, 2020; Ord.
2021-28 § 3, 2021; Ord. 2023-23 § 1 (Exh. A §§ 2—5), 2023; Ord. 2025-15 § 1 (Exh. C
§§ 2—5), 2025)

For the purpose of this chapter, the following definitions shall apply:

A. “Accessory dwelling unit” shall have the same definition as set forth in Chapter 20.70.

“Administrative Services Director” shall mean the Administrative Services Director of the
City or his or her designee.

B. “Agent” shall mean any person who is authorized in writing by the owner to represent and
act for an owner.

C. “Booking transaction” shall mean any reservation or payment service provided by a person
who facilitates a short term lodging rental transaction between a transient user and owner
for the use of a unit for a period of thirty (30) consecutive days or less.

D. “Gross floor area” shall mean the area of the lodging unit that includes the surrounding
exterior walls and any interior finished portion of a structure that is accessible and that
measures more than six feet from finished floor to ceiling. Stairwells and elevator shafts
above the first level shall be excluded from the calculation of gross floor area.

E. “Home-sharing” shall mean an activity whereby the owner hosts a transient user in the
owner’s lodging unit, for compensation, for periods of less than thirty (30) consecutive
calendar days, during which time the owner of the unit lives on site, in the unit, throughout
the transient user’s stay and the owner, the transient user and any other occupants live
together in the same unit as a single housekeeping unit.

F. “Hosting platform” shall mean a person, other than an owner or agent, who participates in
the short term lodging business by facilitating a booking transaction using any medium of
facilitation.

G. “Lodging unit” or “unit” shall mean a “dwelling unit” as that term is defined in Chapter

Only properties in a residential district or multiuse area that are authorized under Titles 20 and 21 and this chapter shall be eligible for a short term lodging permit.

Subsequent to June 1, 2004, no annual permit shall be issued to or renewed for any dwelling unit on any parcel zoned for “Single-Unit Residential (R-1)” or that is designated for a single-family residential use as part of a planned community development plan, specific area plan or planned residential district, unless a permit has previously been issued for that lodging unit and the permit was not subsequently revoked. (Ord. 2020-15 § 2 (part), 2020; Ord. 2023-23 § 1 (Exh. A § 7), 2023; Ord. 2025-15 § 1 (Exh. C § 7), 2025)

No owner of a lodging unit shall advertise for rent or rent a lodging unit located within a residential district or multi-use area for a short term without a valid short term lodging permit for that unit issued pursuant to this chapter. (Ord. 92-13 § 3 (part), 1992; Ord. 2004-6 § 1, 2004; Ord. 2020-15 § 2 (part), 2020; Ord. 2023-23 § 1 (Exh. A § 8), 2023; Ord. 2025-15 § 1 (Exh. C § 8), 2025)

An owner may retain an agent to comply with the requirements of this chapter, including, without limitation, the filing of an application for an annual permit, the renewal of a permit, the reinstatement of a permit or the transfer of a permit; the management of the short term lodging

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City of Newport Beach, CA § 5.95.025 NEWPORT BEACH CODE § 5.95.030

unit or units; and the compliance with the short term lodging permit conditions. The permit shall be issued only to the owner of the short term lodging unit or units. The owner of the short term lodging unit or units is responsible for compliance with the provisions of this chapter and the failure of an agent to comply with this chapter shall be deemed noncompliance by the owner. (Ord. 92-13 § 3 (part), 1992; Ord. 2020-15 § 2 (part), 2020; Ord. 2020-26 § 3, 2020; Ord. 2021-28 § 4, 2021)

An application for an annual short term lodging permit, renewal of a short term lodging permit, reinstatement of a short term lodging permit or transfer of a short term lodging permit shall be filed with the Administrative Services Director upon forms provided by the City.

A. An application for a new permit, renewal permit, the reinstatement of a permit or the
transfer of a permit shall contain the following information:

1. The name, address and telephone number of the owner of the unit for which the short
term lodging permit is to be issued.

2. The name, address and telephone number of the agent, if any, of the owner of the unit.

3. Evidence of a valid business license issued by the City for the separate business of
operating a short term lodging unit or units.

4. The number of bedrooms in the lodging unit.

5. The gross floor area of the lodging unit.

6. The number of parking spaces available on site and a description indicating the
location and size of each parking space.

7. A nuisance response plan, which sets forth the owner's plan for handling disruptive
transient users.

8. A certification that the applicant has reviewed the covenants, conditions and
restrictions, if any, and a short term use is permitted at the location pursuant to the
terms of the covenants, conditions and restrictions, if any.

9. Acknowledgment of receipt and inspection of a copy of all regulations pertaining to
the operation of a short term lodging unit.

10. Such other information as the Administrative Services Director deems reasonably
necessary to administer this chapter.

B. An application for the renewal of a short term lodging permit shall be filed within 30
calendar days of the short term lodging permit's expiration, or the short term lodging permit
shall be deemed abandoned.

C. An application for the reinstatement of a short term lodging permit closed by the
Administrative Services Director pursuant to § 5.95.080 shall be filed within 30 calendar
days of the date the permit was closed by the Administrative Services Director, or the short
term lodging permit shall be deemed abandoned.

D. An application for the reinstatement of a previously suspended short term lodging permit

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City of Newport Beach, CA § 5.95.030 BUSINESS LICENSES AND REGULATIONS § 5.95.042

shall be filed within 30 calendar days of the end of the suspension period, or the short term lodging permit shall be deemed abandoned.

E. If any application is deemed incomplete, which shall be determined in the sole discretion of the Administrative Services Director, the application shall be completed within 30 calendar days of the service of notice that the application is incomplete, which shall be served in accordance with § 1.08.080, or the application and any associated permit shall be deemed abandoned.

F. If good causes exist, as determined in the sole discretion of the Administrative Services
Director, the Administrative Services Director may extend the deadlines set forth in
subsections (B) through (E) of this section.

G. For purposes of calculating the maximum number of permits under § 5.95.042, a short term
lodging permit shall be deemed valid until the applicable permit has been deemed
abandoned.
(Ord. 92-13 § 3 (part), 1992; Ord. 2020-15 § 2 (part), 2020; Ord. 2020-26 § 4, 2020; Ord.
2021-28 § 5, 2021; Ord. 2023-23 § 1 (Exh. A § 9), 2023; Ord. 2025-15 § 1 (Exh. C § 9), 2025;
Ord. 2025-37, 1/13/2026)

If permits are available for issuance, no timely application filed by an owner for an annual permit, renewal of a permit, reinstatement of a permit or transfer of a permit for a unit eligible to be used as a short term lodging unit, as provided for in § 5.95.015 and this Code, shall be denied unless: the owner does not have a current valid business license; the owner has failed to pay transient occupancy tax, the visitor service fee, a penalty, a fine or inspection cost, due and owing to the City; the nuisance response plan is deemed inadequate by the Administrative Services Director; or the short term lodging permit for the same unit and issued to the same owner has been revoked. (Ord. 92-13 § 3 (part), 1992; Ord. 2020-15 § 2 (part), 2020; Ord. 2020-26 § 5, 2020; Ord. 2021-28 § 6, 2021; Ord. 2023-23 § 1 (Exh. A § 10), 2023; Ord. 2025-15 § 1 (Exh. C § 10), 2025; Ord. 2025-37, 1/13/2026)

An application for a new annual permit, the renewal of an existing permit, the reinstatement of a permit, or the transfer of a permit shall be accompanied by a fee established by resolution of the City Council; provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this chapter and for providing the answering service. (Ord. 92-13 § 3 (part), 1992; Ord. 2020-15 § 2 (part), 2020; Ord. 2020-26 § 6, 2020; Ord. 2021-28 § 7, 2021)

A. The maximum number of short term lodging permits in a residential district shall be limited to one thousand four hundred seventy-five (1,475) permits at any time. If there are more than one thousand four hundred seventy-five (1,475) valid permits in residential districts as of the effective date of Ordinance No. 2025-15, an owner shall be permitted to renew, reinstate, or transfer a valid permit in accordance with the provisions of this chapter;

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City of Newport Beach, CA § 5.95.042 NEWPORT BEACH CODE § 5.95.042

however, no new permit shall be issued to any person on the waiting list, as described in subsection (G) of this section, until the total number of residential district permits does not exceed one thousand four hundred seventy-five (1,475). To avoid wholesale conversion of existing and new housing complexes into short term lodgings within the residential district, multi-unit developments with five (5) or more units may permit a maximum of twenty (20) percent of the total number of units to be short term lodgings (rounded down to the nearest whole number).

B. The maximum number of short term lodging permits in the multi-use area shall be limited to seventy-five (75) permits. No new permit shall be issued to any person on the waiting list, as described in subsection (G) of this section, until the total number of multi-use area permits is less than seventy-five (75).

C. The total number of short term lodging permits in the City shall not exceed one thousand five hundred fifty (1,550).

D. If the City has issued the maximum number of permits available, the City shall maintain a waiting list. An application for placement on the waiting list shall be submitted to the Administrative Services Director, on a form approved by the Administrative Services Director, and shall be accompanied by a fee established by resolution of the City Council. In the event a short term lodging permit becomes available, the Administrative Services Director shall notify the person or persons next in order on the waiting list. The notice shall specify that applications will be accepted for 10 calendar days after the date of the notice, and that failure to apply within the 10 calendar-day period shall result in removal of the person or persons receiving notice from the waiting list. The Administrative Services Director may extend the deadline to apply if the Administrative Services Director determines that good cause has been shown to extend the deadline. Notice shall be deemed given when deposited in the United States mail, with the first-class postage prepaid, and addressed as specified by the person or persons on the waiting list. The City shall not be liable for a failure to notify any person or persons on the waiting list since placement on the list does not create any property right in any person or persons on the list nor any contractual obligation on the part of the City.

E. An owner who has a short term lodging permit, or an owner seeking to reinstate a short
term lodging permit that has not been abandoned in accordance with Sections 5.95.030(B)
through (F), shall have priority to renew or reinstate the permit over anyone on the waiting
list, as described in subsection (G) of this section.

F. An owner seeking to transfer a valid short term lodging permit that files an application
within the time frames set forth in Section 5.95.043(A) shall have priority to transfer the
permit over anyone on the waiting list, as described in subsection (G) of this section.

G. If the City has issued the maximum number of permits available, the City shall maintain a
separate waiting list for both the residential districts and the multi-use areas. An application
for placement on the waiting list shall be submitted to the Finance Director, on a form
approved by the Finance Director, and shall be accompanied by a fee established by
resolution of the City Council. In the event a short term lodging permit becomes available,
the Finance Director shall notify the person or persons next in order on the waiting list. The
notice shall specify that applications will be accepted for ten (10) calendar days after the
date of the notice, and that failure to apply within the ten (10) calendar day period shall
result in removal of the person or persons receiving notice from the waiting list. The

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City of Newport Beach, CA § 5.95.042 BUSINESS LICENSES AND REGULATIONS § 5.95.043

Finance Director may extend the deadline to apply if the Finance Director determines that

good cause has been shown to extend the deadline. Notice shall be deemed given when deposited in the United States mail, with the first class postage prepaid, and addressed as specified by the person or persons on the waiting list. The City shall not be liable for a failure to notify any person or persons on the waiting list since placement on the list does not create any property right in any person or persons on the list nor any contractual obligation on the part of the City. (Ord. 2020-26 § 7, 2020; Ord. 2021-28 § 8, 2021; Ord. 2025-4 § 2, 2025; Ord. 2023-23 § 1 (Exh. A § 11), 2023; Ord. 2025-15 § 1 (Exh. C § 11), 2025; Ord. 2025-37, 1/13/2026)

A. A short term lodging permit that is valid, and has not been abandoned in accordance with Sections 5.95.030(B) through (F), may be transferred to any of the following:

1. If the owner transfers the ownership of the lodging unit to an inter vivos trust, family
trust, or other similar type of trust estate, a valid short term lodging permit may be
transferred to the inter vivos trust, family trust, or other similar type of trust estate, if
an application to transfer a valid permit, in accordance with Section 5.95.030, is filed
within three hundred sixty-five (365) days of the date title is transferred to the inter
vivos trust, family trust, or other similar type of trust estate.

2. If the owner transfers the ownership of the lodging unit to a corporation, limited
liability company, partnership, limited partnership, or similar business entity, a valid
short term lodging permit may be transferred to the business entity, if an application
to transfer a valid permit, in accordance with Section 5.95.030, is filed within three
hundred sixty-five (365) days of the date title is transferred to the business entity.

3. If the owner transfers the ownership of the lodging unit to an immediate family
member, which shall include a spouse, domestic partner, child, step-child, grandchild,
parent, stepparent, mother-in-law, father-in-law, son-in-law, daughter-in-law, grand-
parent, great-grandparent, brother, sister, half-brother, half-sister, stepsibling,
brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or first cousin (that is, a
child of an aunt or uncle), a valid short term lodging permit may be transferred to the
immediate family member, if an application to transfer a valid permit, in accordance
with Section 5.95.030, is filed within three hundred sixty-five (365) days of the date
title is transferred to the immediate family member.

4. If the owner sells the lodging unit to a bona fide purchaser for value, a valid short
term lodging permit may be transferred to the purchaser, if an application to transfer
a valid permit is filed in accordance with Section 5.95.030, within sixty (60) days of
the date title is transferred to the purchaser.

5. If the owner is deceased, the short term lodging permit for the short term lodging unit may be transferred to the heir(s) once the estate is closed and the assets distributed, if an application to transfer a valid permit is filed in accordance with Section 5.95.030, within ninety (90) days of the date the heir(s) becomes the owner of the short term lodging unit. B. The deadlines set forth in subsection (A) of this section are established for purposes of setting deadlines for the transfer of a valid permit that has not been deemed abandoned in

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City of Newport Beach, CA § 5.95.043 NEWPORT BEACH CODE § 5.95.045

accordance with § 5.95.030(B) through (F). The deadlines set forth in subsection (A) of this section shall not extend the deadlines set forth in or in accordance with § 5.95.030(B) through (F). Authorization to transfer a valid short term lodging permit shall be deemed waived and the permit abandoned if an application is not filed to transfer a permit in accordance with the deadlines set forth in subsection (A) of this section, unless the Administrative Services Director determines that good cause has been shown for extending the deadline.

(Ord. 2020-26 § 8, 2020; Ord. 2021-28 § 9, 2021; Ord. 2025-4 § 3, 2025; Ord. 2025-37, 1/13/ 2026)

A. All permits issued pursuant to this chapter are subject to the following standard conditions:

1. The owner shall prohibit a lessee of a lodging unit from renting the lodging unit to a
transient user for a short term and from home-sharing.

2. The owner shall not rent a lodging unit to a transient user that is under the age of 25.

3. 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.

4. The owner shall ensure that the transient user complies with all terms of the written
agreement set forth in subsection (A)(3) of this section.

5. The owner shall use best efforts to ensure that the transient user, occupants and/or
guests of the short term lodging unit do not create unreasonable noise or disturbances,
engage in disorderly conduct, or violate provisions of this Code or any state or federal
law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of
illegal drugs.

6. The owner shall, upon notification that any transient user, occupant and/or guest of
his or her short term lodging unit has created unreasonable noise or disturbances,
engaged in disorderly conduct or committed violations of this Code or any state or
federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the
use of illegal drugs, promptly use best efforts to prevent a recurrence of such conduct
by any transient user, occupant or guest.

7. The owner of the short term lodging unit shall use best efforts to ensure compliance
with all the provisions of Title 6.

8. The owner of the short term lodging unit shall provide the transient user with a copy
of §§ 5.95.047, 10.28.007, 10.28.010, 10.28.020, 10.58.030, and 10.66.020.

9. The owner of the short term lodging unit shall provide the transient user with a copy
of the good neighbor policy created by the City and available on the City website,
post a copy of the short term lodging permit and post a copy of the conditions set forth
in this subsection in a conspicuous place within the unit. The notice shall be in

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City of Newport Beach, CA § 5.95.045 BUSINESS LICENSES AND REGULATIONS § 5.95.045

substantial compliance with a template created by the City, which shall be available

on the City website, and contain the following:

a. The name of the local contact person(s) and phone number at which that person(s) may be reached on a 24 hour basis. The local person(s) must be located within 25 miles of the unit and shall respond to any call related to the unit within 30 minutes;

b. The number and location of on-site parking spaces;

c. The street sweeping schedule for all public rights-of-way within 300 feet of the
unit;

d. The trash collection schedule for the unit, and the Code rules and regulations
concerning the timing, storage and placement of trash containers and recycling
requirements;

e. Notification that no amplified sound or reproduced sound is allowed outside or
audible from the property line between the hours of 10:00 p.m. and 10:00 a.m.;
and

f. Notification that any transient user, occupant or guest is responsible for all
activities occurring on the property and that any transient user, occupant or guest
may be cited and fined for creating a disturbance or violating any provision of
this Code.

10. With respect to any short term lodging unit that is located in any safety enhancement
zone, the owner of the unit and any agent retained by the owner shall take immediate
action during the period that the safety enhancement zone is in effect to prevent any
transient user, occupant or guest from engaging in disorderly conduct or committing
violations of this Code or state or federal law pertaining to noise, disorderly conduct,
the consumption of alcohol or the use of illegal drugs.

11. The owner shall:

a. Ensure that all transient occupancy taxes and visitor service fees are collected
and remitted to the City and otherwise comply with all transient occupancy tax
and visitor service fee requirements, as set forth in Chapters 3.16 and 3.28.

b. If the owner uses an agent to collect and remit the transient occupancy tax and
the visitor service fee, either voluntarily or as directed by the City, the owner
shall be responsible for ensuring that the agent collects and remits the transient
occupancy tax and the visitor service fee to the City pursuant to the requirements
set forth in this chapter and Chapters 3.16 and 3.28.

c. If the Administrative Services Director directs, in writing, a hosting platform to
collect and remit the transient occupancy tax and the visitor service fee, the
owner shall: (i) be responsible for ensuring that the hosting platform collects and
remits the transient occupancy tax and the visitor service fee to the City in
accordance with this chapter; and (ii) when filing a return in accordance with
§§ 3.16.070 and 3.28.040, the owner shall provide the City with a copy of all
receipts showing the date the short term lodging unit was rented, the name of the
hosting platform, the amount of transient occupancy tax and visitor service fee

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City of Newport Beach, CA § 5.95.045 NEWPORT BEACH CODE § 5.95.045

collected by the hosting platform, and proof that the transient occupancy tax and visitor service fee was remitted to the City.

12. The owner shall provide the City with the name and 24 hour phone number of a local contact person(s) (who resides within 25 miles of the property) who shall respond to contacts from the answering service, respond to any call related to the unit within 30 minutes, and ensure compliance with this chapter in a timely manner. The owner or agent must provide a new local contact person and his or her phone number within five business days, if there is a change in the local contact person(s).

13. The owner shall ensure that all available parking spaces on site, which may include garage, carport, and driveway spaces as well as tandem parking, are available for the transient user, occupant or guest of the short term lodging unit. The owner shall disclose the number of parking spaces available on site and shall inform the transient user, occupant and/or guest that street parking may not be available.

14. The owner shall maintain a valid business license and short term lodging permit when engaging in short term lodging.

15. The owner shall include the City issued short term lodging permit number on all advertisements for the rental of the short term lodging unit and shall ensure the transient user is informed of the amount of the transient occupancy tax and visitor service fee prior to completion of the booking transaction. 16. The owner shall ensure that a permitted short term lodging unit is only used for residential purposes and not used for nonresidential uses, including, but not limited to, large commercial or non-commercial gatherings, commercial filming and/or nonowner wedding receptions. 17. The owner shall ensure that no amplified sound or reproduced sound is used outside or audible from the property line between the hours of 10:00 p.m. and 10:00 a.m. and that the transient user does not violate the requirements set forth in this chapter and Chapters 10.28, 10.58 and 10.66. 18. The owner shall comply with the nuisance response plan submitted with the application for a short term lodging permit and approved by the Administrative Services Director. 19. 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. 20. The owner shall provide the City with a copy of any written rental agreement(s) and the good neighbor policy, within seven calendar days after the City serves the owner with a notice of request for written rental agreements and the good neighbor policy in accordance with § 1.08.080. 21. Neither an owner nor the owner's agent shall rent, let, advertise for rent, or enter into

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City of Newport Beach, CA § 5.95.045 BUSINESS LICENSES AND REGULATIONS § 5.95.047

an agreement for the rental of any lodging unit, for less than two consecutive nights.

22. The owner shall:

a. Require every transient user and guest of the transient user to comply with all
State and local laws that regulate parking while staying at or visiting the short
term lodging unit;

b. Require every transient user to provide the owner with the license plate number for all vehicles which are used by the transient user or the transient user's guest while staying at or visiting the short term lodging unit; and

c. Provide the City with the vehicle license plate number(s) for every vehicle
which was used by the transient user or the transient user's guest while staying
at or visiting the short term lodging, within seven calendar days after the City
serves the owner with a notice of request for the vehicle license plate number(s)
in accordance with § 1.08.080.

23. The owner shall ensure that any transient user or transient user's guest complies with
all state and local laws that regulate parking while the transient user or transient user's
guest is staying at or visiting the short term lodging unit. For purposes of this
condition, a transient user or transient user's guest shall be presumed to be staying at
or visiting a short term lodging unit if a parking citation is issued to the transient user
or the transient user's guest within 100 feet of the property line of the short term
lodging unit during the time the transient user is renting the short term lodging unit.

24. If a City law enforcement officer, fire official, code enforcement officer, or other
authorized City official makes a good-faith determination that a violation of any law,
ordinance, regulation or permit condition is occurring at a unit and provides verbal
notice of the violation to any person occupying the site and to the owner's local
contact, the following persons shall appear in person at the unit within two hours of
such notice being provided: the owner of the property or the owner's agent; and a
transient user who is 25 years or older and whose name appears on the rental
agreement for the unit.

B. The City Manager shall have the authority to impose additional standard conditions,
applicable to all short term lodging units, as necessary to achieve the objectives of this
chapter.

C. The City Manager shall have the authority to impose additional conditions on any permit in the event of any violation of the conditions to the permit or the provisions of this chapter subject to compliance with the procedures specified in § 5.95.065. (Ord. 92-13 § 3 (part), 1992. Formerly 5.95.050; Ord. 2003-5 § 10, 2003; Ord. 2020-15 § 2 (part), 2020; Ord. 2020-26 §§ 9, 10, 2020; Ord. 2021-28 § 10, 2021; Ord. 2023-23 § 1 (Exh. A § 12), 2023; Ord. 2025-15 § 1 (Exh. C § 12), 2025; Ord. 2025-37, 1/13/2026; Ord. 2026-2, 2/ 24/2026)

A. In addition to other provisions of this Code, it shall be unlawful for any transient user, occupant or guest of a short term lodging unit to:

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City of Newport Beach, CA § 5.95.047 NEWPORT BEACH CODE § 5.95.050

1. Exceed the overnight occupancy limit designated for the short term lodging unit.

2. Use street parking prior to utilizing all available on-site parking space(s) for the
lodging unit.

3. Place trash for collection in violation of this Code’s rules and regulations concerning:

a. The timing, storage or placement of trash containers; or

b. Recycling requirements.

4. Amplify or reproduce sound between the hours of 10:00 p.m. and 10:00 a.m.:

a. Outside of the lodging unit; or

b. That is audible from the property line for the lodging unit.

5. Use the short term lodging for any nonresidential purpose, including, but not limited
to, large commercial or noncommercial gatherings, commercial filming and/or
nonowner wedding receptions.

6. Rent a lodging unit to any person for a short term.

B. In addition to other provisions of this Code, it shall be unlawful for any lessee to rent a
lodging unit to any transient user for a short term.
(Ord. 2020-15 § 2 (part), 2020; Ord. 2020-26 § 11, 2020)

A. If directed to do so by the Administrative Services Director, in writing, agents or hosting platforms shall:

1. Collect all applicable transient occupancy taxes and visitor service fees that are
imposed on the transient, pursuant to Chapters 3.16 and 3.28, from the transient, or
from the person paying for such rental, at the time payment for such rental is made;
and

2. Remit to the City any transient occupancy taxes or visitor service fees collected by
the hosting platform or agent to the City before the last day of the month following
the close of each calendar quarter or on the day specified by the Administrative
Services Director if a different reporting period has been established.
Hosting platforms shall not collect or remit such taxes unless expressly authorized to do
so by the Administrative Services Director, in writing. Nothing in this subsection shall be
deemed to relieve an operator, as that term is defined in §§ 3.16.020 and 3.28.010, from
complying with the requirements set forth in Chapters 3.16 and 3.28, or to interfere with the
ability of an agent or hosting platform and an owner to enter into an agreement regarding
fulfillment of the requirements of this subsection.

B. Subject to applicable laws, agents and hosting platforms shall disclose to the City on a
regular basis each home-sharing and vacation rental listing located in the City, the names
of the persons responsible for each such listing, the address of each such listing, the length
of stay for each such listing and the price paid for each stay.

C. Agents and hosting platforms:

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City of Newport Beach, CA § 5.95.050 BUSINESS LICENSES AND REGULATIONS § 5.95.065

1. Shall prompt any person utilizing their advertising services to include the City-issued
registration number in their listing(s), in a format designated by the City and shall not
advertise any short term lodging unit where a registration number is not provided.
Upon notice from the City that a listing is noncompliant, agents and hosting platforms
shall cease any short term rental booking transactions for said listing(s) within five
business days. An agent or hosting platform shall not complete any booking
transaction for any short term lodging unit subject to a City notice that a unit is
noncompliant, until notified by the City that the short term lodging unit follows the
local registration requirement.

2. Shall not collect or receive a fee, directly or indirectly, for facilitating or providing
services ancillary to an unpermitted short term lodging unit including, but not limited
to, insurance, concierge services, catering, restaurant bookings, tours, guide services,
entertainment, cleaning, property management, or maintenance of the short term
lodging unit.

D. A hosting platform operating exclusively on the internet, which operates in compliance
with subsections (A), (B), and (C) of this section, shall be presumed to be in compliance
with this chapter, except that the hosting platform remains responsible for compliance with
the administrative subpoena provisions of this chapter.

E. The provisions of this section shall be interpreted in accordance with otherwise applicable
state and federal law(s) and will not apply if determined by the City to be in violation of,
or preempted by, such law(s).
(Ord. 2020-15 § 2 (part), 2020; Ord. 2025-37, 1/13/2026)

The City Manager shall have the authority to issue and serve administrative subpoenas to the owner, agent or hosting platform, as necessary, to obtain specific information regarding short term rental listings located in the City, including but not limited to the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine whether the short term rental listing complies with this chapter. Any subpoena issued pursuant to this section shall not require the production of information sooner than thirty (30) days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that thirty (30) day period. Failure to respond to an administrative subpoena in accordance with the terms set forth therein shall be punishable and the City may file a judicial action to compel compliance with the subpoena. (Ord. 2020-15 § 2 (part), 2020; Ord. 2023-23 § 1 (Exh. A § 13), 2023; Ord. 2025-15 § 1 (Exh. C § 13), 2025)

In addition to any fine or penalty that may be imposed pursuant to any provision of this Code, a short term lodging permit for a unit may, or where required shall, be suspended or revoked as provided in this section.

A. Suspensions/Revocations.

1. If any person violates any short term lodging permit condition two or more times in

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City of Newport Beach, CA § 5.95.065 NEWPORT BEACH CODE § 5.95.065

any 12 month period or any other provision of this Code, state law or federal law, two
or more times in any 12 month period, and the violation relates in any way to the unit
that has a short term lodging permit, the short term lodging permit for the unit may
be suspended for a period of six months in accordance with subsection (B) of this
section.

2. In the case of a short term lodging permit for a unit that is located in a safety
enhancement zone, if there is a violation of any provision of this Code during the
period that the safety enhancement zone is in effect, the short term lodging permit for
the unit may be suspended for a period of one year or revoked in accordance with
subsection (B) of this section.

3. If a lodging unit that is subject to a short term lodging permit has been the location of
two or more loud or unruly gatherings, as defined in Chapter 10.66, while the lodging
unit was occupied on a short term basis, within any 24 month period, the permit may
be suspended for a period of one year or revoked in accordance with subsection (B)
of this section. A loud or unruly gathering that occurred prior to the passage of 14
days from the mailing of notice to the owner in compliance with § 10.66.030(D) shall
not be included within the calculation of the two or more loud or unruly gatherings
required to revoke a short term lodging permit.

4. If a person violates § 5.95.020 regarding any unit that has had a short term lodging
permit suspended pursuant to subsection (B) of this section, the short term lodging
permit for the unit may be revoked in accordance with subsection (B) of this section.

5. If any person violates any short term lodging permit condition or any other provision
of this Code, state or federal law within six months of having a previously suspended
short term lodging permit reinstated for a unit, and the violation relates in any way to
the unit that has the short term lodging permit, the short term lodging permit for the
unit may be revoked in accordance with subsection (B) of this section.

6. If any person violates any short term lodging permit condition three or more times in
any 12 month period or provision of this Code, state or federal law three or more
times in any 12 month period, and the violation relates in any way to the unit that has
a short term lodging permit, the short term lodging permit for the unit may be revoked
in accordance with subsection (B) of this section.

7. If any person fails to collect and remit transient occupancy tax or the visitor service
fee in accordance with the requirements of this chapter, Chapter 3.16 or 3.28 in
regards to any unit that has a short term lodging permit, two or more times within any
36 month period, the short term lodging permit for the unit may be revoked in
accordance with subsection (B) of this section.

8. If any person is determined to have provided false information on an application for
an annual short term lodging permit, or renewal thereof, the short term lodging permit
for the unit may be revoked in accordance with subsection (B) of this section.

9. If the preponderance of the evidence shows that any person has violated any of the
rules, regulations or laws set forth in subsection (A)(9)(a) of this section during a
high-risk period, as defined in subsection (A)(9)(b) of this section, and the violation
relates in any way to the unit that has a short term lodging permit, the short term
lodging permit for the unit shall be revoked in accordance with subsection (B) of this

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City of Newport Beach, CA § 5.95.065 BUSINESS LICENSES AND REGULATIONS § 5.95.065

section.

a. For purposes of this subsection, the applicable rules, regulations and laws are as
follows: Chapters 6.40 (Prohibition of Sale, Distribution, and Use of Nitrous
Oxide), 10.24 (Discharge of Weapons), 10.28 (Loud and Unreasonable Noise),

California Business and Professions Code § 25658; California Penal Code Sections 69, 148(a), 148.9,243(b)(c), 272, 415, 416, 29610, 22210, or 21510; Health and Safety Code Sections 12677, or 11357; and any law punishable as a felony.

b. For purposes of this subsection, a "high-risk period" shall include the following:
(1) from 12:01 a.m. on the Friday before the Memorial Day Holiday in May
until 11:59 p.m. on Memorial Day ("Memorial Day"); (2) from 12:01 a.m. on
Friday until 11:59 p.m. on Monday when the Fourth of July falls on a Friday,
Saturday, Sunday or Monday; (3) from 12:01 a.m. on July 4th to 3:00 a.m. on
July 5th when the Fourth of July falls on a Tuesday, Wednesday or Thursday;
(4) from 12:01 a.m. on the Saturday before the first Monday in September until
11:59 p.m. on the first Monday in September; (5) from 12:01 a.m. on the date
designated by resolution of the City Council as first day of any Spring Break
until the 11:59 p.m. on the last day of any designated Spring Break; and (6) at
other times when designated by ordinance or resolution upon a finding that
unique conditions during a specific period of time create a significant threat to
the public health, safety and welfare.

Where a violation or set of violations qualifies for suspension or revocation
under more than one subsection, the subsection that imposes the most severe
penalty, including mandatory revocation, shall control.

B. Permits shall be suspended or revoked only in the manner provided in this section.

1. The Administrative Services Director shall investigate whenever he or she has reason to believe that an owner has submitted an application that contains false information or committed a violation of a permit condition, this Code, or state or federal law related to a permitted unit. Such investigation may include, but is not limited to, on- site property inspections. Should the investigation reveal substantial evidence to support a finding that warrants a suspension or revocation of the short term lodging permit, the Administrative Services Director shall issue written notice of intention to suspend or revoke the short term lodging permit. The written notice shall be served on the owner in accordance with § 1.08.080, and shall specify the facts which, in the opinion of the Administrative Services Director, constitute substantial evidence to establish grounds for imposition of the suspension and/or revocation, and specify the proposed time the short term lodging permit shall be suspended and/or that the short term lodging permit shall be revoked within 30 days from the date the notice is given, unless the owner files with the Administrative Services Director, before the suspension or revocation becomes effective, a request for hearing before a hearing officer, who shall be retained by the City, and pays the fee for the hearing established

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City of Newport Beach, CA § 5.95.065 NEWPORT BEACH CODE § 5.95.080

by resolution of the City Council. Subject to subsection (E) of this section, failure to file a timely request for hearing and pay all applicable fees shall result in the suspension or revocation of the permit.

2. If the owner requests a hearing and pays the hearing fee, established by resolution of the City Council, within the time specified in subsection (B)(1) of this section, the Administrative Services Director shall serve written notice on the owner, pursuant to § 1.08.080, setting forth the date, time and place for the hearing. The hearing shall be scheduled not less than 15 days, nor more than 60 days, from the date on which notice of the hearing is served by the Administrative Services Director. The hearing shall be conducted according to the rules normally applicable to administrative hearings. At the hearing, the hearing officer will preside over the hearing, take evidence and then submit proposed findings and recommendations to the City Manager. The City Manager shall suspend or revoke the short term lodging permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the suspension or revocation is consistent with the provisions of this section. The City Manager shall render a decision within 30 days of the hearing, and the decision shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure § 1094.5.

C. If a short term lodging permit is suspended, it shall be the owner's responsibility to vacate
any future bookings and remove all advertisements related to the short term rental of the
unit during the term of the suspension. If a short term lodging permit is revoked, it shall be
the owner's responsibility to vacate any future bookings and remove all advertisements
related to the short term rental of the unit.

D. After any suspension, the owner may reapply for reinstatement of the short term lodging
permit which shall be processed in accordance with § of 5.95.030, provided the owner has
paid the City all amounts owed the City in accordance with this chapter and Chapters 3.16
and 3.28.

E. The Administrative Services Director may extend the deadlines set forth in this section if
the Administrative Services Director determines that good cause has been shown to extend
the deadline.
(Ord. 92-13 § 3 (part), 1992; Ord. 2011-13 § 2 (part), 2011; Ord. 2020-15 § 2 (part), 2020; Ord.
2025-4 §§ 4, 5, 2025; Ord. 2023-23 § 1 (Exh. A §§ 15, 16), 2023; Ord. 2025-15 § 1 (Exh. C
§§ 15, 16), 2025; Ord. 2025-37, 1/13/2026; Ord. 2026-2, 2/24/2026)

Permits and fees required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code. The issuance of any permit pursuant to this chapter shall not relieve the owner of the obligation to comply with all other provisions of this Code including, but not limited to, those provisions pertaining to the use and occupancy of the lodging unit or the property on which it is located as well as the collection and remittance of transient occupancy taxes and visitor service fees in accordance with this chapter and Chapters

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City of Newport Beach, CA § 5.95.080 BUSINESS LICENSES AND REGULATIONS § 5.95.080

A. Any owner that has ceased operating a short term lodging unit shall inform the Administrative Services Director in writing of the date of the last rental, and having done such, the short term lodging permit shall be closed. The City will send a final transient occupancy tax and visitor service fee bill, which will be due and payable 30 days from the date of the invoice.

B. The Administrative Services Director shall close any permit that has no short term lodging activity for a period of two consecutive years as evidenced by remitting zero dollars ($0.00) on the required transient occupancy tax and visitor service fee forms or has failed to return the transient occupancy and visitor service forms. After any permit closure pursuant to this subsection, the owner may reapply for reinstatement of the short term lodging permit which shall be processed in accordance with § 5.95.030. (Ord. 2020-15 § 2 (part), 2020; Ord. 2023-23 § 1 (Exh. A § 17), 2023; Ord. 2025-15 § 1 (Exh.

C § 17), 2025; Ord. 2025-37, 1/13/2026)

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City of Newport Beach, CA § 5.96.005 BUSINESS LICENSES AND REGULATIONS § 5.96.010