Ewing

Plaintiff homeowners challenge the constitutionality of a zoning ordinance prohibiting transient commercial use of residential property for remuneration for less than 30 consecutive days. The trial court upheld the ordinance. We affirm.

Factual And Procedural Background

Plaintiffs are owners of single-family, residential property zoned R-l in the City of Carmel-by-the-Sea. Plaintiffs challenge Ordinance No. 89-17, unanimously adopted by the Carmel City Council in May 1989. The ordinance prohibits the “Transient Commercial Use of Residential Property for Remuneration . . . in the R-l District.”

The ordinance defines the “transient commercial use of residential property” as “the commercial use, by any person, of Residential Property for bed and breakfast, hostel, hotel, inn, lodging, motel, resort or other transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy is for less than thirty (30) consecutive calendar days.” The ordinance defines “remuneration” as “compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of…