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File #: 18-0526    Version: 1
Type: Consent - Staff Report Status: Agenda Ready
In control: City Council Regular Meeting
On agenda: 12/4/2018 Final action:
Title: Consideration of the City of Del Mar's Request to Prepare and File an Amicus Brief Opposing the Coastal Commission's Decision to Require Short-Term Rentals in Del Mar's Residential Districts, or as an Alternative, Join in an Amicus Brief Prepared by Another Jurisdiction to Support Local Control (Community Development Director McIntosh). AUTHORIZE
Attachments: 1. Request Letter from City of Del Mar
TO:
Honorable Mayor and Members of the City Council

THROUGH:
Bruce Moe, City Manager

FROM:
Anne McIntosh, Community Development Director

SUBJECT:Title
Consideration of the City of Del Mar's Request to Prepare and File an Amicus Brief Opposing the Coastal Commission's Decision to Require Short-Term Rentals in Del Mar's Residential Districts, or as an Alternative, Join in an Amicus Brief Prepared by Another Jurisdiction to Support Local Control (Community Development Director McIntosh).
AUTHORIZE
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council direct the City Attorney to join in an amicus brief in support of the City of Del Mar in its writ action against the Coastal Commission (California Coastal Commission San Diego Superior Court Case No. 37-2018-00039254-CU-WM-CTL).
Body
FISCAL IMPLICATIONS:
If City Council chooses to move forward with an amicus brief the City Attorney will be prepared to provide legal cost estimates at the City Council meeting.

BACKGROUND:
The City Manager received a letter from the City Manager of the City of Del Mar asking for support on a writ of mandate filed by Del Mar against the California Coastal Commission (CCC) (attached). The case challenges the CCC position that it can compel coastal cities to allow short term rentals (STR) as a matter of right if those cities have a "permissive" zoning code that does not expressly prohibit STRs. "Permissive" zoning codes are traditional zoning codes that provide if a use is not specifically permitted, it is prohibited.

Del Mar, Manhattan Beach and scores of other cities have permissive zoning codes which do not expressly permit STRs, which means STRs are prohibited, until such time a zone text amendment that expressly permits STRs is adopted. Del Mar adopted an STR ordinance and applied for a Local Coastal Program (LCP) Amendment. The CCC denied the amendment because it was too restrictive. Simi...

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