TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Patricia Matson, Senior Management Analyst
SUBJECT:Title
Consideration of a Request by Councilmember Tarnay and Mayor Pro Tem Lesser to Discuss the City’s Parking Pad Policy (City Manager Mirzakhanian).
DISCUSS AND PROVIDE DIRECTION
Body
_________________________________________________________
RECOMMENDATION:
Staff recommends that the City Council discuss and provide direction regarding the request by Councilmember Tarnay and Mayor Pro Tem Lesser to discuss the City’s Parking Pad Policy.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action. However, should the City Council direct staff to analyze the request, staff time and resources may be expended to accommodate the request.
BACKGROUND:
Pursuant to the Brown Act, the City Council cannot discuss items not on an agenda unless under limited circumstances. The City Council has developed a process to allow individual Councilmembers to request, with the support of another Councilmember, that items be placed on a future agenda for City Council discussion. At that future meeting, the item is identified on the agenda in full compliance with the Brown Act. Discussion allows an opportunity to the public to provide input and the City Council, as a body, to decide whether City resources (staff time, etc.) should be incurred to present a more comprehensive report at a third City Council meeting.
Accordingly, individual Councilmembers can initiate future agenda items by following the following three-step process:
STEP ONE:
During “Future Agenda Items,” a Councilmember may request that an item be placed on the agenda. If another Councilmember concurs with placing the item on the agenda, the item is placed on a future agenda.
STEP TWO:
The item is placed on the agenda at the section titled, “City Council Requests and Reports Including AB 1234 Reports” at the end of the agenda with this report. If it does not require any staff time, there may be attachments (e.g., copies of ordinances, resolutions, contracts, etc. previously adopted or approved) to provide background or context. After discussion, the City Council typically has the following options:
a) Receive and File the report.
b) Direct staff to perform the necessary work to prepare a more comprehensive staff report and schedule the item for a future City Council meeting.
c) Continue the item to a future date.
(PLEASE NOTE: For some matters that do not require additional background, a majority of Councilmembers can provide direction during the properly noticed second step, thereby eliminating the need for a third step.)
STEP THREE:
If City Council chooses option b) in Step Two above, the item is placed on a future City Council meeting agenda for action.
DISCUSSION:
At the request of Councilmember Tarnay and Mayor Pro Tem Lesser at the July 15, 2025, City Council meeting, staff has placed this item on the agenda for further discussion. Upon City Council consensus and direction, staff will undertake efforts to research this topic, if needed, and return to the City Council at a future meeting with more information. Alternatively, City Council may provide staff direction without a third step.
Information Regarding Parking Pads
A parking pad is a paved surface (including grasscrete or pavers) in the public right-of-way that is accessible by a vehicle from the roadway and does not lead to a garage or parking space on private property. Private driveways and parking areas that are fully or partially on private property are not considered parking pads.
In 1972, the City Council adopted Ordinance No. 1304, which established procedures in Section 7.36 of the Municipal Code 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 for permits from the Public Works Department. On December 21, 1999, the City Council changed the title to “Encroachment Standards”, 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. A draft ordinance was drafted to replace Municipal Code Section 7.36 and presented to the PPIC on May 23, 2002, 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 a November 19, 2002 public hearing. 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 walkstreets, El Porto Strand, vehicular streets, sidewalk dining and prohibition of new commercial long-term encroachments of the public ROW.
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. On February 18, 2003, the City Council adopted Ordinance No. 2042, adding Section 9.72 to the Municipal Code, which established construction standards for public uses of the public ROW within the Tree Section and other areas of the City. 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 are built in the Tree and Dune sections. At the same time, it is also the City’s practice to preserve any existing parking pads when the new home is built, in accordance with the City’s Local Coastal Plan within the Coastal Zone. Any property owner can request changes to the adjacent public ROW through an Encroachment Permit application, which is reviewed by the Community Development and Public Works Department for compliance with applicable codes.
The most recent round of outreach, education and enforcement was initiated following incidents that have occurred related to privatization of public parking pads. The incidents include 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 are private. These circumstances impact multiple City programs including parking enforcement, code enforcement, streets, and traffic engineering.
In 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 have been addressing other violations related to the privatization of parking pads with patio furniture, planters and other objects that block access to the spaces. Several residents have voiced their objections to the City and to the City Council at the July 15, 2025 meeting, which initiated this request for the matter to be placed on a future agenda.
CONCLUSION:
Staff recommends that the City Council discuss and provide direction regarding the request by Councilmember Tarnay and Mayor Pro Tem Lesser to discuss the City’s Parking Pad Policy.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENT:
1. Letter - Public Parking Pads in Sand Dune Section of City