Keen v. City of Manhattan Beach
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The California Coastal Act of 1976 (“the Act”) requires, among other things, a city to obtain approval from the Coastal Commission for any amendments to its coastal plan. Local coastal programs contain a land use plan and a local implementing program. A local implementing program consists of zoning ordinances, zoning maps, and other possible actions.
The City of Manhattan Beach (“the City”) sent the plaintiff a notice of violation for operating a short-term rental. The plaintiff petitioned for a writ of mandate to prevent the City from enforcing its ban on short-term rentals. The trial court determined that the City’s original local implementing plan permitted short-term rentals. Thus, when the City enacted the prohibition on short-term rentals it needed to obtain approval from the Coastal Commission. The City appealed.
The Second Appellate District affirmed. The City’s residential zoning ordinance prior to the modifications at issue did not distinguish between long-term and short-term rentals. The court held that the use of the term “residence” doesn’t affect the analysis because it does not apply some minimum length of occupancy.
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