Carmel-by-the-Sea

Operating rules

Primary residence

No

Min stay (nights)

—

Max nights / year

—

Max occupancy

—

Zoning-restricted

Yes

Cap on licenses

—

Grandfathering: yes

Zoning: Transient lodging of residential dwellings for remuneration is prohibited in the Single-Family Residential (R-1) district (CMC 17.08.060) and in the Commercial CC, SC and RC districts (CMC 17.14.040(W)), except lawfully permitted hotels, motels and transient rentals. In the R-4 (multi-family) and commercial districts, only two transient-rental categories are allowed: 'Legal Nonconforming' (permitted prior to the adoption of Ordinance 2019-003, classified under CMC 17.68.090) and 'Housing Incentive' (via conditional use permit under CMC 17.14.040(W)(1)(b)). No new stand-alone STRs are permitted outside the housing-incentive pathway. Rentals of 30 or more consecutive days are not 'transient' and fall outside these restrictions.

• The 30-day line is definitional, not an STR booking minimum: 'Transient' = 'A period of time less than 30 consecutive days' (CMC 17.70.020); a booking of 30+ consecutive days is a permitted long-term rental, not a transient rental. min_stay_nights is left null because there is no 'STR-allowed-with-minimum-stay' regime — sub-30-day residential rental is prohibited, not merely minimum-limited. The city STR webpage states 'no home or subordinate unit may be rented for less than 30 consecutive days in the residential district.'
• Grandfathering: transient rentals permitted before the adoption of Ordinance 2019-003 are classified as legal nonconforming (CMC 17.68.090, subject to CMC 17.36). Per the city STR info webpage they are allowed in perpetuity and may transfer to a new owner on sale but cannot relocate. The 'in perpetuity'/'transferable' characterization is sourced to the city STR webpage, not to the ordinance text itself.
• De facto freeze on new licenses: the only route to a NEW transient-rental unit is the housing-incentive program (one transient-rental unit per three new rental units created, two of the three new units low-income), so new-STR supply is structurally capped rather than set by a numeric license cap.
• A residential unit occupied as a transient rental is classified as Group R-1 occupancy under the building code if the site contains more than one transient rental unit (CMC 15.04.020(16), per CMC 17.70.020 / 17.68.030). Separately, the city building handout states that a building containing 3 or more units where any unit is a transient rental is a Hotel/Motel R-1 occupancy under the California Building Code. Both statements are quoted from their respective official sources.
• Housing-incentive low-income detail DISCREPANCY (adversarial catch): Ordinance 2019-003 text at CMC 17.14.040(W)(1)(b) states 'two of the new units on the site will be used as housing classified as low-income'; the city's STR summary webpage instead describes one 'low income' + one 'moderate income' unit. The ordinance (controlling legal text) is used here; the webpage summary differs.
• The city's undated 'Transient Rentals in the Commercial District' handout states the Zoning Code was 'silent' on the commercial districts and that the City 'determined that they are not prohibited,' requiring only a business license. This reflects pre-2019 policy and is superseded for new units by Ordinance 2019-003, which prohibits transient lodging in CC/SC/RC except the legal-nonconforming and housing-incentive categories. The handout remains the current source for the TOT/business-license process applicable to legally-permitted transient rentals.

Enforcement

Active enforcement

unknown

Fines

OFFICIAL (quote-anchored to Ordinance 2019-003): Using, or allowing the use of, residential property as an unpermitted transient rental in the R-1 district is an infraction for each day in which such property is used, or allowed to be used, in violation (CMC 17.08.060(A) liability/agents; (B) infractions). Posting, publishing, circulating, broadcasting or maintaining any advertisement of an unpermitted transient rental is prohibited citywide, and each day an advertisement is maintained in violation is a separate offense (CMC 17.28.040(a),(c)). 'Responsible party' expressly excludes online hosting platforms/companies (CMC 17.28.040(b)(2)). UNVERIFIED / needs_review: local reporting (Carmel Pine Cone; Preserve Monterey Neighborhoods) has described escalating monetary penalties (e.g., percentages such as 175%/275%/375% of the advertised nightly rate). These figures are NOT confirmed against an adopted fine schedule in the municipal code and should not be treated as authoritative.