TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Quinn Barrow, City Attorney
SUBJECT:Title
Consideration of the Following:
a) Resolution Setting Aside Ordinance Nos. 15-0010 and 19-0007 in Compliance with Peremptory Writ of Mandate, and
b) Ordinance Regulating Short-term Rentals and Other Transient Uses Outside the Coastal Zone (City Attorney Barrow).
A) ADOPT RESOLUTION NO. 22-0150
B) INTRODUCE ORDINANCE NO. 22-0010
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council: 1) adopt Resolution No. 22-0150 setting aside Ordinance Nos. 15-0010 and 19-0007, and 2) introduce Ordinance 22-0010 regulating short-term rentals and other transient uses outside the Coastal Zone.
BACKGROUND:
The City Council adopted: Ordinance No. 15-0010, which amended the City's Local Coastal Program to regulate commercial and transient uses in residential zones in the Coastal Zone; and Ordinance No. 19-0007, which added Chapter 4.88 to the Manhattan
Beach Municipal Code regarding short-term rentals and other transient uses. On July 15, 2019, a lawsuit entitled Darby T. Keen v. City of Manhattan Beach, et al. (Los Angeles County Superior Court Case No. 19STCP02984) was filed, challenging the ordinances. On August 31, 2020, the Court issued a Peremptory Writ of Mandate ("Writ") commanding the City to set aside the ordinances.
DISCUSSION:
Resolution No. 22-0150 furthers the City's compliance with the Writ by formally setting aside Ordinance Nos. 15-0010 and 19-0007 as directed by the Court.
Ordinance No. 22-0010 re-adopts regulations of short-term rentals in the Municipal Code that - in accordance with the Writ - do not apply to properties located within the City's Coastal Zone.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that neither a resoluti...
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