Written Contribution by Jonathan Kim
In April of 2019, Manhattan Beach City Council adopted a new ordinance, which essentially banned short term rentals in residential zones. According to the city council, the ban was intended to “maintain residential neighborhoods and protect them from the intrusion of incompatible and character-changing uses.” Since the ordinance went into effect, the city has been caught in a legal quagmire as property owners challenge the legality of the ban.
Darby Keen, a Manhattan Beach property owner, filed a petition against the short-term rental ban. Keen’s counsel argued that the ban violates coastal property owners’ rights to rent via Airbnb or other rental sites. The Superior Court agreed with their reasoning and ruled that the city had to get approval from the California Coastal Commission in order to uphold the ban, which the city never received.
The California Coastal Commission has the goal of protecting shoreline access, including overnight access, for all. By banning short term rentals, this would impede upon the commission’s goal of providing access.
Finally, after almost two years, the Court of Appeal affirmed the Superior Court’s decision and denied Manhattan Beach’s appeal.
As these are recent developments, there are sure to be plenty of legal questions regarding short term rentals in Manhattan Beach. Fortunately, the attorneys at Kendall Law are experienced and equipped to handle your legal matters. Contact Kendall Law today or call (310) 619-4941 to scheduled your next consultation.