“Just enforce the code” just won’t work

The bedrock reasoning of those seeking to prohibit all STRs has long been that San Diego’s “permissive” Municipal Code does not allow STRs. If City Council does not change the Municipal Code, the argument goes, San Diego can simply enforce its code and stop all STRs. However, recent court rulings affecting Manhattan Beach and other California coastal cities directly reject that reasoning. Most recently, a judge ruled that Manhattan Beach cannot enforce its Municipal Code as it relates to vacation rentals. The judge ruled that vacation rentals must be allowed in Manhattan Beach, despite that city’s permissive Municipal Code, because the code violates the California Coastal Act. There is little doubt that the same legal reasoning would apply to San Diego. In fact, that is one reason the City Attorney’s office says enforcement efforts against STRs are very difficult to prosecute and that it needs new regulations.