Response to Late Comments Item No.15

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1-2115(h). Under the 2 Municipal Code, an individual property owner can apply to split an existing lot into two. 3 Ordinance No. NS-3013 essentially said if a property owner splits their lot, they may not rent 4 dwellings on that lot for less than 30 days. The Staff Report associated with the adoption of this 5 Ordinance No. NS-3013 made no mention of the legality of STRs in other parts of the City or on 6 non-urban split lots. 7 35. On information and belief, after continuously issuing ministerial business licenses 8 for hosts renting their property on a short-term basis and long after the temporary moratorium 9 expired, the City changed its position. Around early 2022, the City suddenly claimed that STRs 10 were prohibited through the commencement of 11 enforcement actions against existing hosts. 12 36. The City decisions by the Courts of Appeal holding 13 that permissive zoning ordinances silent on STRs, , do not prohibit STRs. More 14 specifically, in June 2022, the California Court of Appeal considered a permissive zoning 15 code prior to the adoption of 16 Ordinance No. NS-3061. - 17 -said nothing about STRs. Keen v. City of Manhattan Beach, 18 77 Cal. App. 5th 142, 149 (2022), review dend (June 29, 2022). As a result, people in Manhattan 19 - 20 and short- Id. at 146. Then, in 2015, 21 22 Ibid. The court disagreed, finding that 23 always permitted short-term, as well as long-term, residential 24 Id. at 148 (emphasis added). 25 37. The Court of Appeal explained that once the house or apartment building was built, 26 anyonerenter or ownercould reside there for periods long or short, since the code 27 textual basis for a temporal distinction about the duration of rentals, and the term residence 28 does not imply some minimum length of occupancy. Id. at 148-149. Short-term rentals are VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT 10