Short-term rental (Airbnb) rules in Orinda, California
Only as a hosted stay: Orinda allows rentals under 30 days only on property that is your primary residence, and you must stay there overnight during the rental. You must register with the Planning Department every year ($303 to register, $180 to renew) and pay transient occupancy tax. Stays must be at least two nights, with no more than 2 guests per bedroom plus 3.
| What counts as a short-term rental | Rental of all or part of a property for less than 30 consecutive days [1] |
| Registration | Required before operating; renewed annually with the Planning Director [2] |
| Host presence | Host must own the property, live there as primary residence, and be present overnight during the rental [3] |
| Minimum stay | 2 nights [4] |
| Maximum occupancy | 2 people per bedroom plus 3 [5] |
| Rentals at one time | 1 per lot [6] |
| Fees | $303 registration; $180 annual renewal [7] |
| Streamlined ADUs and SB 9 units | No short-term rentals (30-day minimum) [8] |
Hosted stays only
Orinda defines a short-term rental as renting all or part of a property for less than 30 consecutive days [1]. Every short-term rental must be registered with the City before operating [2]; the City's webpage says this has been required since October 5, 2017. Short-term rentals are prohibited unless they are "hosted": the property must be owned by the host and contain the host's primary residence, and the host must personally live there during the rental, which includes sleeping there overnight [3]. A host who is away overnight or on vacation does not count as living there [3], so whole-home vacation rentals while you travel are not allowed. The host must also be on site to meet guests on arrival, and each stay must be at least two nights [4].
Occupancy and operating rules
When the rental is booked, the whole dwelling is limited to two people per bedroom plus three [5]. Only one rental may be arranged on a lot at a time [6]. The host is responsible for smoke detectors, fire alarms and fire extinguishers, and for complying with City noise, parking and occupancy rules. While rented, the property can't be used for an event that would need a Temporary Event Permit. Online listings must say the host will be present and must show the City registration number. Registrations can't be transferred to a new owner.
Registration, fees and taxes
You register annually with the Planning Director and must show a transient occupancy tax (TOT) registration certificate. The City's webpage lists a $303 registration fee and a $180 annual renewal fee [7]. TOT returns are due quarterly. Rentals with a minimum stay of 30 days are long-term rentals and don't need to register.
ADUs and SB 9 units
Streamlined (state-exempt) ADUs and JADUs may be rented only for 30 days or more, notwithstanding the short-term rental rules [8], and short-term rentals are prohibited in units created under SB 9 [9]. The City's webpage says streamlined ADUs approved after January 1, 2020 can't be used for short-term rentals. Fee amounts are set by City Council resolution, so confirm current amounts with the Planning Department.
See how Orinda compares with 8+ other California towns on short-term rentals (airbnb / vrbo) →
Next steps
- Confirm the home is your primary residence and that you will be present overnight for every stay; whole-home rentals while you're away are not allowed.
- Complete the City's online Short-Term Rental Registration Form with the Planning Department (925-253-4210), listing the number of bedrooms, and pay the $303 registration fee.
- Get a transient occupancy tax registration certificate from the Finance Department and file TOT returns quarterly.
- Put your City registration number in every listing, state that you will be present, and set a 2-night minimum stay.
- Renew every year by paying the $180 renewal fee to the Planning Department.
Common questions
- Are short term rentals allowed in Orinda, California?
- Only as hosted stays. Orinda allows rentals under 30 days only on property that is the host's primary residence, and the host must stay there overnight during the rental. Whole-home vacation rentals while you travel are not allowed.
- Do I need a short term rental permit in Orinda, California?
- Yes. You must register with the Planning Department before operating and renew every year. The City lists a $303 registration fee and a $180 annual renewal fee, and you must pay transient occupancy tax.
- What is the minimum stay for an Airbnb in Orinda, California?
- Each stay must be at least two nights. Occupancy is limited to two people per bedroom plus three, and only one rental may be arranged on a lot at a time.
- Can I rent my ADU short term in Orinda, California?
- Not a streamlined ADU or JADU, which may be rented only for 30 days or more. Short-term rentals are also prohibited in units created under SB 9.
California state rules for short-term rentals
California has no statewide short-term rental license or registry. Your city or county decides whether and how you can rent on Airbnb or VRBO, including permits, caps, primary-residence rules and minimum stays.
Taxes: cities and counties may levy a transient occupancy tax (TOT) on stays of 30 days or less (Rev. & Tax. Code §7280). Rates and registration are local, and the county rate applies only in unincorporated areas.
New platform reporting law: since January 1, 2026, a city or county can adopt an ordinance requiring platforms like Airbnb and VRBO to report the address of each short-term rental (Gov. Code §50990 et seq., SB 346). Where a city has opted in, listings must also show the local license number and TOT certificate.
ADUs and SB 9 units: state law lets cities require that ADUs be rented for 30 days or longer. It requires that for by-right ADUs, junior ADUs and units built under SB 9 lot splits (see ADUs).
Coastal zone: in a December 2016 letter, the Coastal Commission said:
- STR rules in the coastal zone must be adopted through the city's Local Coastal Program or a coastal development permit, and bans adopted any other way are likely not enforceable there.
- The Commission has not historically supported blanket STR bans, finding they unduly limit public access to the coast.
- It has supported reasonable limits, such as caps on the number of rentals, occupancy limits, and limits on which housing types can be rented.
What the ordinance says
- OMC §17.3.12(A)(3), Municipal Code Title 17 Ch. 17.3 Residential District Base Use Restrictions (17.3.4 ADUs; 17.3.7 Home occupations; 17.3.8 Keeping animals; 17.3.12 Short-term rentals), p. 1
"Short-term rental" means the rental of a property in full or in part for a term of less than thirty (30) consecutive days.
- OMC §17.3.12(B), Municipal Code Title 17 Ch. 17.3 Residential District Base Use Restrictions (17.3.4 ADUs; 17.3.7 Home occupations; 17.3.8 Keeping animals; 17.3.12 Short-term rentals), p. 1
Registration Required. It is unlawful for any person to operate a short-term rental within the City without first registering the short-term rental pursuant to this section.
- OMC §17.3.12(H)(2), Municipal Code Title 17 Ch. 17.3 Residential District Base Use Restrictions (17.3.4 ADUs; 17.3.7 Home occupations; 17.3.8 Keeping animals; 17.3.12 Short-term rentals), p. 1
The host personally lives on the property when it is used for short-term rentals. A host will only be considered to live at the property used for a short-term rental if they are physically and personally present at the time of the short-term rental. Such physical presence must include sleeping overnight.
- OMC §17.3.12(H)(4), Municipal Code Title 17 Ch. 17.3 Residential District Base Use Restrictions (17.3.4 ADUs; 17.3.7 Home occupations; 17.3.8 Keeping animals; 17.3.12 Short-term rentals), p. 1
The duration of the short-term rental is at least two nights;
- OMC §17.3.12(C)(1), Municipal Code Title 17 Ch. 17.3 Residential District Base Use Restrictions (17.3.4 ADUs; 17.3.7 Home occupations; 17.3.8 Keeping animals; 17.3.12 Short-term rentals), p. 1
When any portion of the short-term rental is rented, the total maximum occupancy of the dwelling containing the short-term rental is limited to the maximum number specified on the proof of registration. That maximum is calculated as follows: two people per bedroom plus three people;
- OMC §17.3.12(C)(2), Municipal Code Title 17 Ch. 17.3 Residential District Base Use Restrictions (17.3.4 ADUs; 17.3.7 Home occupations; 17.3.8 Keeping animals; 17.3.12 Short-term rentals), p. 1
The host of a short-term rental on any given lot may only arrange for one rental to take place at any given time on that lot;
- Short-Term Rentals webpage, FAQs, Short-Term Rentals - City webpage (registration program), p. 1
There is a registration fee of $303 and an annual renewal fee of $180.
- OMC §17.3.4(B)(1)(c), Municipal Code Title 17 Ch. 17.3 Residential District Base Use Restrictions (17.3.4 ADUs; 17.3.7 Home occupations; 17.3.8 Keeping animals; 17.3.12 Short-term rentals), p. 1
The unit may be rented in full or in part for the purpose of overnight lodging for terms of thirty (30) or more consecutive days, but it shall not be rented for overnight lodging for shorter terms, notwithstanding anything to the contrary in the City's short-term rental regulations
- OMC §17.3.12(K), Municipal Code Title 17 Ch. 17.3 Residential District Base Use Restrictions (17.3.4 ADUs; 17.3.7 Home occupations; 17.3.8 Keeping animals; 17.3.12 Short-term rentals), p. 1
Pursuant to Senate Bill 9 (2021), short-term rentals are prohibited in units created pursuant the authority contained in California Government Code Sections 65852.21 and/or 66411.7.