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Correspondence - Item 21
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Correspondence - Item 21
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21
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4/2/2024
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Keen v. City of Manhattan Beach, 77 Cal.App.5th 142 (2022) <br />292 Cal.Rptr.3d 366, 22 Cal. Daily Op. Serv. 3511, 2022 Daily Journal D.A.R. 3377 <br />zoning laws that the Commission had approved years before. <br />The court disagreed, ruling the *148 City had not identified <br />any zoning provision to support its conclusion that rentals <br />for fewer than 30 days were barred but longer rentals were <br />permitted. The court concluded the City was wrong to say <br />it had always banned short-term rentals. Rather, the court <br />ruled the ban was new, it was an amendment, and it thus <br />required Commission approval, which it did not have. The <br />court therefore enjoined enforcement of the ban on short-term <br />rentals pending Commission approval. <br />The City appealed. <br />II <br />The City's argument boils down to this: the trial court was <br />wrong to think the City has always allowed short-term rentals. <br />The trial court was right, however, and the plain language of <br />the City's ordinances proves it. <br />Our review is independent. (Berkeley Hills Watershed <br />Coalition v City of Berkeley (2019) 31 Cal.App.5th 880, 896, <br />243 Cal.Rptr.3d 236.) <br />A <br />[2] The trial court correctly interpreted the City's ordinances: <br />they always permitted short-term, as well as long-term, <br />residential rentals. The City's ban on short-term rentals <br />thus amended the status quo. This amendment required <br />Commission approval, which the City never got. So the City's <br />ban was not valid. <br />The issue reduces to whether the City's old ordinances <br />permitted short-term rentals. The following analysis <br />demonstrates they did. <br />The City always has allowed people to rent apartments and <br />homes in the City on a long-term basis. In other words, <br />it always has been legal to live in Manhattan Beach as a <br />renter. No one disputes this. One would be rather surprised <br />to discover a community anywhere that banned renting <br />completely. <br />Because rentals that are long-term have always been <br />permissible under the City's ordinances, however, the City <br />has been forced to distinguish between long-term residential <br />rentals the City allows and short-term residential rentals the <br />platforms promote and the City dislikes. Unfortunately for the <br />City, its old residential zoning ordinances contain no long- <br />term/short-term distinction. <br />Absent some distinction in the law, then, the law must treat <br />long-term rentals the same as short-term rentals. If long-term <br />rentals are legal, so too are short-term rentals. The ordinances <br />offer no textual **370 basis for a temporal *149 distinction <br />about the duration of rentals. The City could have enacted a <br />distinction like that, but it never did. <br />Because its ordinances say nothing about the duration of <br />rentals, the City cannot credibly insist its ordinances permit <br />long-term residential rentals but have always banned short- <br />term rentals. That interpretation makes no sense. <br />The crucial text is ordinance A.08, which defines "Use <br />Classifications" for the City's zoning code. One use <br />is "Single -Family Residential," defined as "[b]uildings <br />containing one dwelling unit located on a single lot." A <br />second use is "Multi -family Residential," which is defined <br />as "[t]wo or more dwelling units on a site." This ordinance <br />contains a chart that shows the City permits both uses in <br />residential areas. <br />In other words, it is legal to build a residential house or an <br />apartment building in the City's residential zones. Once it is <br />built, you can reside there. Anyone can. This all makes sense. <br />It would be surprising if it were otherwise. <br />The reasonable interpretation of permitting a "Single -Family <br />Residential" building in a residential area is that people are <br />allowed to reside in that building, whether they are owners or <br />renters. <br />Why, under the text of the ordinance, are renters allowed in? <br />Because residential renters are common in cities, as everyone <br />knows, and nothing in the ordinance takes the unusual step of <br />banning all renting in the residential areas of the City. <br />Use of the word "residence" does not imply some minimum <br />length of occupancy. (Cf. People a Venice Suites, LLC <br />(2021) 71 Cal.App.5th 715, 726,286 Cal.Rptr.3d 598 (Venice <br />Suites) ["A `residential building' is used for human habitation <br />without regard to length of occupancy ...."]; Greenfield, <br />supra, 21 Cal.App.5th at p. 899, 230 Cal.Rptr.3d 827 [the <br />city in question historically treated short term rentals as a <br />"residential" activity].) <br />WESTLAW © 2023 Thomson Reuters. No claim to original U.S. Government Works. 4 <br />
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