TO:
Honorable Parking and Public Improvements Commission Chair and Commissioners
THROUGH:
Masa Alkire, Community Development Director
FROM:
Erik Zandvliet, T.E., City Traffic Engineer
SUBJECT:Title
Consider Changes to the City’s Policy Related to Parking Pads Located in the Public Right-of-Way
DISCUSS AND PROVIDE DIRECTION
Body
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RECOMMENDATION:
Staff recommends that the Commission discuss current codes and guidelines for public and private use of the public right-of-way, hear public testimony, and provide direction to staff regarding regulations for the public’s use of parking pads within the public ROW in the Dune Section and related enforcement.
BACKGROUND:
Private Use of the Public Right-of-Way
In 1972, the City Council adopted Ordinance No. 1304, which established procedures in Chapter 7.36 of the Manhattan Beach Municipal Code (MBMC) for regulating privately constructed encroachments in the public right-of-way (ROW). At that time, the City Council also adopted a separate set of “Encroachment Design Guidelines” that were intended to assist permit applicants in securing approval of encroachment permits from the Public Works Department. On December 21, 1999, the City Council adopted Ordinance No. 1552, which changed the title of Chapter 7.6 to “Encroachment Standards” and added regulatory language, meaning that any variation to the standards would require City Council approval, with prior review by the Parking and Public Improvements Commission (PPIC).
As part of the 2000-2001 City Council Work Plan, staff was directed to review and codify existing encroachment permit standards for private improvements in the ROW. An ordinance was drafted to replace Chapter 7.36 and presented to the PPIC on May 23, July 25, 2002, and September 26, 2002, with public participation and feedback. The proposed ordinance was presented to the City Council at their October 15, 2002, meeting and at a public hearing on November 19, 2002 (See attachment). On February 18, 2003, the City Council adopted Ordinance No. 2039, which codified general encroachment standards for private use of the public ROW, as well as specific standards for walk streets, El Porto Strand, vehicular streets, sidewalk dining and prohibition of certain new commercial long-term encroachments of the public ROW (See attachment.) Any property owner can request a private encroachment within the adjacent public ROW through an Encroachment Permit application, which is reviewed by the Community Development and Public Works departments for compliance with applicable codes and standards.
Development of Street Right-of-Way for Public Uses
Concurrently in 2002, the City Council discussed and considered codifying the public street improvement and parking pad policy that had been in place in the Tree and Dune Sections of the City. The proposed ordinance was presented to the City Council at a public hearing on February 4, 2003 (See attachment). On February 18, 2003, the City Council adopted Ordinance No. 2042, adding Section 9.72 to the MBMC, which established construction standards for public uses of the public ROW within the Tree Section and other areas of the City (See attachment). The ordinance requires public improvements (such as curb, gutters and sidewalks) be made in the public ROW when a private property is being developed with a value of more than 50% of the existing structure. In addition, the ordinance requires construction of paved public parking pads in addition to the public street improvements within the Tree Section only. There are no code requirements for new parking pads in the Dune Section.
Since 2003, the City has followed the current municipal code requirements for public street improvements when new homes or major remodels are built in the Dune section pursuant to Section 9.72 of the MBMC. Specifically, a new parking pad is not required if one does not already exist adjacent to the property. At the same time, it is the City’s practice to preserve or replace any existing parking pads when the new home or major remodel is built to preserve public parking for beach access in compliance with the Local Coastal Program (LCP) on streets within the Coastal Zone (generally west of Valley Drive). Also, property owners can voluntarily construct a parking pad in the public ROW in front of their property as part of other landscaping improvements.
DISCUSSION:
A parking pad is a paved surface (including grasscrete or pavers) in the public ROW that is accessible by a vehicle from the roadway and does not lead to a garage or parking space on private property. Private driveways, walkways and parking areas that are fully or partially on private property are not considered parking pads. Driveways, on the other hand, are for private use to access a private parking space and may be parked on by that resident only (See attachment).
Parking Pad History
Prior to 1972, private improvements were often built in the public ROW without permits or city oversight. Residents likely constructed parking pads to address substandard off-street parking on older unimproved properties. These ad-hoc practices and the continued use as a private parking space has led to confusion by the public as to whether a parking pad, patio or walkway was meant for public or private use. Similarly, the edge of the public ROW is not easily identified, so it is generally not clear if the parking area is on public or private property, or both, which leads to incorrect assumptions by both homeowners and the public.
In the period between 1972 and 2003, City staff would review proposed private improvements on a case-by-case basis and approve an encroachment permit based on certain findings and subject to the recordation of a covenant. As noted above, the construction of a parking pad is considered a street improvement and does not require an encroachment permit or agreement. However, a public works excavation permit is required to construct any improvement within the public ROW requires an excavation permit, whether or not it is ultimately for public or private use.
Prior to 2003, Chapter 7.36 of the MBMC, as well as the Encroachment Permit Standards, did not mention parking pads. In 2002, the City Council made a clear distinction between public uses of the right-of-way and private uses that require an encroachment permit. During its discussions, the City Council identified parking pads as a public street improvement, and not a private encroachment. While the City Council ultimately decided not to require new parking pads in the Dune Section, they are required in the Tree Section in conjunction with new development pursuant to MBMC Section 9.72.015. The Code allows adjacent property owners to construct public parking pads with decorative pavement treatments in accordance with City design guidelines (See attachment).
Section 7.36.150 states that “Sidewalk, curbs, parking pads, paving and other street improvements may be required by the Public Works Department” in conjunction with a private encroachment on vehicular streets. This provision is further explained in the May 23, 2002 PPIC staff report that states “Staff has included a provision that clarifies that parking pads are among the street frontage improvements that may be required as a condition of the Encroachment Permit (See attachment).
On September 3, 2002, the City Council gave direction to staff and the PPIC that “Parking pads are encouraged within the right of way; Public Works will develop a list of approved pavement treatments.” In addition, the City Council staff report on October 15, 2002 explains that private encroachments on vehicular streets are allowed if they are located “behind street front improvements such as parking pads, sidewalks and curbs if required by the Director of Public Works. These statements are reasonably interpreted to mean that any parking pad required by the Public Works Department is a public street improvement and must be open for public use. Parking pads are generally constructed as a street improvement without an encroachment permit, although some parking pads have been approved in conjunction with other private improvements within the public ROW.
Recent Actions
The most recent round of outreach, education and enforcement was initiated in June 2024 following incidents that occurred related to the privatization of public parking pads. The incidents included altercations between neighbors, use of signage to designate public parking spaces as private, and complaints made to the City about the parking situation. There is also uncertainty in clearly identifying (and enforcing) which parking pads are public and which paved areas are not public parking pads. These circumstances impact multiple City programs including parking enforcement, code enforcement, street maintenance, and traffic engineering.
In June 2024, the Public Works, Community Development and Police Departments jointly initiated a three-phase approach (Engineering, Education, and Enforcement) uniformly across the Dune Section. The goal was not to create conflict, but to ensure fair access to public parking for all residents and clarify where public parking is available. The actions included:
• Engineering: Providing clear signage and stenciling to eliminate ambiguity
• Education: Open communication with residents regarding the codes
• Enforcement: Consistent enforcement across all affected properties
In February 2025, the City installed signs on the streets entering the Dune Section that “PARKING PADS ARE PUBLIC PARKING SPACES”. On July 7, 2025, letters were sent to residents in the Dune Section as a reminder that parking pads located in the public ROW are public parking spaces (See attachment). In addition, code enforcement officers began proactively addressing other violations related to the privatization of parking pads with patio furniture, planters and other objects that block access to the pads. Several residents voiced their objections to the City Council at the July 15, 2025, City Council meeting, which initiated the process to place this matter on a future agenda. Pursuant to City Council’s direction, all signage and proactive enforcement activity was halted pending further direction.
Parking Pad Policy
Staff is seeking direction in the development of specific policies and regulations related to the use of parking pads in the public ROW. Since public parking spaces within the Coastal Zone are subject to the LCP, the designation of parking pads as public or private is a matter of coastal access policy. Further, the alteration or removal of a parking pad may be subject to a Coastal Development Permit. By applying a consistent policy, both public parking and private property rights can be preserved and protected. There are four main areas of focus that should be discussed:
Parking Pad Definition - A definition of parking pads is currently not defined in the Municipal Code, but would be needed if regulations are adopted for their use by the public.
Parking Pad Characteristics - The dimensions and location of a parking pad heavily influence the public’s understanding whether the space is public or private. For example, a compact sized space next to a driveway or walkway may be considered an extension of that private area, while a stand-alone full width space along the roadway may look more like a public curb space. Some parking pads act as widened areas of the roadway, which allow a vehicle to be parked partially on the pad and widens the traveled portion of the street. Conversely, vehicles parked very close to private property can potentially block a private walkway or damage personal property, which may have adverse impacts to property access or privacy.
Parking Pad Signage and Markings - Once a parking pad is deemed public or private, how should the space be identified to give the public proper notice for enforcement purposes? Most parking pads are not currently signed, which leads to confusion and frustration by both residents and users, and makes enforcement difficult. Are there specific markings that should be added to regulate how vehicles should be parked?
Pre-Regulatory Parking Pads - Given the inconsistent history of parking pad regulations, a “grandfather” clause could be considered, which would allow parking pads constructed before a certain date to be designated as private. The grandfather date might be 1972 (pre-municipal code), 1976 (pre-Coastal Zone), 1999 (pre-encroachment standards), or 2003 (pre-Dune Section parking pad exemption to parking pad requirements). A variation on this option might be to allow an adjacent property owner to appeal the City’s determination of a public parking pad and request that it be made private based on certain findings.
RECOMMENDATION:
Staff is requesting direction from the Commission to establish regulations for the public’s use of parking pads within the public ROW in the Dune Section and related enforcement. If needed, staff can return to the Commission with additional information on a particular topic at an upcoming meeting to assist in making recommendations. The Commission’s recommendations will then be forwarded to the City Council for their final determination and possible amendments to the MBMC.
PUBLIC OUTREACH:
Public meeting notices have been mailed to all property owners and residents within the Dune Section bounded by Highland Avenue, Rosecrans Avenue, Grandview Avenue and Marine Avenue. Additionally, the general public has been informed of this agenda item as part of the City’s standard meeting notice practices via public bulletin boards, website calendar, and social media.
ENVIRONMENTAL REVIEW: The City has reviewed the proposed activity (study session) for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary at this time. If specific code amendments are suggested, those amendments, if not exempt, will be reviewed as may be required by CEQA.
ATTACHMENT/ATTACHMENTS:
A. City Council Meeting Staff Report - November 19, 2002 (incl. PPIC 5/23/2002 & 9/26/2022)
B. Ordinance No. 2039
C. City Council Meeting Staff Report - February 4, 2003
D. Ordinance No. 2042
E. Parking Pad Examples Sketch
F. Construction and Landscaping on Public Property Design Guidelines
G. July 7, 2025 Resident Letter
H. Correspondence Received Prior to Posting Staff Report