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Keen v. City of Manhattan Beach, 77 Cal.App.5th 142 (2022) 292 Cal.Rptr.3d 366, 22 Cal. Daily Op. Serv. 3511, 2022 Daily Journal D.A.R. 3377 77 Cal.App.5th 142 Court of Appeal, Second District, Division 8, California. Darby T. KEEN, as Trustee, etc., Plaintiff and Respondent, V. CITY OF MANHATTAN BEACH et al., Defendants and Appellants. B307538 Filed 4/6/2022 Synopsis Background: Owner of property rented on short-term basis petitioned for writ of mandate to enjoin city from enforcing zoning ordinances prohibiting short-term rentals. The Superior Court, Los Angeles County, No. 19STCP02984, James C. Chalfant, J., enjoined ban on short- term rentals pending approval of zoning ordinances by Coastal Commission. City appealed. Holdings: The Court of Appeal, Wiley, J., held that: [1] city's residential zoning ordinances always permitted short- and long-term rentals, and thus ban on short-term rentals was amendment to local coastal program requiring approval by Coastal Commission; [2] short-term residential rentals did not fall within definition of "hotels, motels, and time-share facilities"; and [3] Court of Appeal would not take judicial notice of decades - old definition of "hotel." Affirmed. Procedural Posture(s): On Appeal; Petition for Writ of Mandate; Request for Judicial Notice. West Headnotes (4) [1] Environmental Law .— Construction Court of Appeal liberally construes the California Coastal Act of 1976 to achieve the ends of protecting the coast and maximizing public access to it. Cal. Pub. Res. Code §§ 30001.5, 30330. 2 Cases that cite this headnote [2] Environmental Law Coastal areas, bays, and shorelines Zoning and Planning Hotels, lodging, and short-term rentals City residential zoning ordinances in local coastal program, which defined single-family residential and multi -family residential uses, always permitted short-term, as well as long- term, residential rentals, and thus city's ban on short-term rentals was amendment to program requiring approval by Coastal Commission; ordinances defined single-family and multi- family residential uses as containing one dwelling unit on a site or two or more units on a site, respectively, city permitted both uses in residential areas, ordinances provided no textual basis for temporal distinction about duration of rentals, and use of word "residence" did not imply some minimum length of occupancy. Cal. Pub. Res. Code § 30514. 1 Case that cites this headnote [3] Environmental Law @-- Coastal areas, bays, and shorelines Zoning and Planning Q--- Hotels, lodging, and short-term rentals Short-term residential rentals did not fall under definition of "hotels, motels, and time-share facilities" in city's zoning ordinances in local coastal program, for purposes of determining whether city's ban on short-term rentals was amendment of program requiring approval by Coastal Commission; ordinances defined such facilities as establishments offering lodging on weekly or less than weekly basis, and having kitchens in no more than 60% of guest units, short-term rentals city was trying to prohibit were of single- and multi -family residences in residential neighborhoods, and houses and apartments conventionally had kitchens. Cal. Pub. Res. Code § 30514. WESTLAW © 2023 Thomson Reuters. No claim to original U.S. Government Works. 1