News & Commentary

Rogers, Sheffield & Campbell, LLP Files Suit Against City of Santa Barbara

Theo Kracke

On November 30, 2016, Travis C. Logue and Jason W. Wansor, attorneys for the Santa Barbara law firm of Rogers, Sheffield & Campbell, LLP, filed a Petition for Writ of Mandate and Complaint for Civil Penalties for Violation of the California Coastal Act against the City of Santa Barbara (the “City”).

The suit stems from the City’s decision to ban short-term vacation rentals (STVRs).  The prohibition will apply to all STVR properties beginning January 1, 2017.

The petition was filed on behalf of the firm’s client, Theo Kracke, a 35-year resident of Santa Barbara, and proprietor of Paradise Retreats World Class Vacation Rentals.  Mr. Kracke has been engaged in operating, managing and servicing vacation rentals in and around the City since 2006, many of which are located within the City’s Coastal Zone, as defined under the Coastal Act.

The California Constitution and the Coastal Act require coastal access to be protected, provided, and maximized for all.  STVRs serve as an alternate form of visitor-serving accommodations within the Coastal Zone, that provide a lower-cost alternative to renting hotel or motel rooms for families from diverse demographic sectors and range of incomes to enjoy unique local coastal resources.  In recognizing these benefits, the Coastal Commission has urged local municipalities to regulate rather than outlaw STVRs.  The suit alleges the City’s prohibition against STVRs contravenes both State and local law.  The ban violates the City’s certified Local Coastal Plan (“LCP”) and Chapter 28.44 of the Santa Barbara Municipal Code, which was established for the purposes of implementing the Coastal Act and ensuring all public and private development in the City’s Coastal Zone is consistent thereto.

In 2014, the California Coastal Commission awarded a $123,000 grant to the City to update its LCP and address “the very old LCP policies and development standards.”  Yet since that time, the City has neglected to take any action towards an update.  In light of the ban, the City missed a key opportunity to act in a thoughtful manner and apply the grant award to hold public workshops, analyze the impact of STVRs from diverse perspectives, seek and obtain Commission input, and employ reasonable and balanced regulation designed to address the primary concerns of neighborhood compatibility and diminished affordable housing stock while allowing for regulated STVRs in residential and other zoning districts.

Mr. Kracke is seeking a writ of mandate requiring the City to either (i) submit and process a Coastal Development Permit; or (ii) amend its LCP and pursue certification by the Commission.

 

RELATED ARTICLES:

Lawsuit Against Santa Barbara's Ban On Short-Term Rentals Can Proceed
Court Denies City of Santa Barbara's Anti-SLAPP Motion
Rogers, Sheffield & Campbell, LLP Responds to City of Santa Barbara's Free Speech Argument
Rogers, Sheffield & Campbell, LLP Opposes City of Santa Barbara’s Anti-SLAPP Motion
Rogers, Sheffield Campbell, LLP Files Suit Against City of Santa Barbara Over Vacation Rental Ban

 

Contact: Theo Kracke
Phone: 805-275-1851
Email: theo@paradiseretreats.com
www.rogerssheffield.com