Kracke v. City of Santa BarbaraAnnotate this Case
Plaintiff filed suit challenging the City's new enforcement policy of short-term vacation rentals (STVRs). The trial court granted plaintiff's petition for a writ of mandate enjoining the City's enforcement of the STVR ban in the coastal zone unless it obtains a coastal development permit (CDP) or a Local Coastal Program (LCP) amendment approved by the California Coastal Commission or a waiver of such requirement.
The Court of Appeal affirmed, concluding that the California Coastal Act of 1976 required the Commission's approval of a CDP, LCP amendment, or amendment waiver before the STVR ban could be imposed. Because there was no such approval, the trial court did not err by concluding that the STVR ban constituted a "development" under the Act. The court explained that the City cannot act unilaterally, particularly when it not only allowed the operation of STVRs for years but also benefitted from the payment of transient occupancy taxes. The court agreed with the trial court that the City cannot credibly contend that it did not produce a change because it deliberately acted to create a change in coastal zone usage and access. Finally, in regard to the City's argument that the Coastal Act exempts abatement of nuisances allegedly caused by STVRs, the City waived that issue by informing the trial court it was not "making the nuisance argument." Nor is the court persuaded that the political question and separation of powers doctrines apply.