Modesto's code defines a 'transient' as anyone occupying a unit for 27 consecutive days or less, which triggers permit and TOT obligations, but the Modesto Municipal Code does not impose a city-specific maximum guest count for short-term rentals. State default occupancy standards in the California Building Code and California Health & Safety Code apply.
Modesto Municipal Code section 8-2.602 defines a 'transient' as 'any person who exercises occupancy or is entitled to occupancy for a period of twenty-seven (27) consecutive calendar days or less,' establishing the threshold for short-term rental regulation. No Modesto-specific ordinance directly imposes an overnight guest cap, daily-rental cap, or persons-per-bedroom limit on short-term rentals. The California default applies: California Health & Safety Code § 17922 incorporates the California Building Standards Code (Title 24 CCR), which sets minimum room and dwelling occupant load standards (CBC Table 1004.5 / CRC R304-R305 minimum room sizes). Operators should also comply with the maximum occupant load posted by the Fire Marshal for any assembly use and any HOA/CC&Rs that further restrict guest counts.
Hosting stays longer than 27 consecutive days shifts the tenancy out of 'transient' status under § 8-2.602, exempting it from TOT but potentially triggering California's residential tenancy protections (Civil Code §§ 1940 et seq.) and the city's residential rental regulations. Overcrowding beyond California Building Code occupant-load standards can result in code enforcement citations under MMC Title 4.
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