TO:
Honorable Planning Commission Chair and Commissioners
THROUGH:
Masa Alkire, AICP, Community Development Director
FROM:
Adam Finestone, AICP, Planning Manager
Jaehee Yoon, AICP, Senior Planner
Maricela Guillean, Associate Planner
SUBJECT:Title
Consideration of Zone Text Amendments Related to Accessory Structure Rear Yard Setback Requirements
Body
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RECOMMENDATION:
Staff recommends that the Planning Commission conduct a public hearing on the proposed zone text amendments to the Manhattan Beach Municipal Code (MBMC) related to accessory structures in single-family residential zones within Area Districts I and II and adopt the associated resolution recommending approval of said amendments to the City Council.
BACKGROUND
At the June 18, 2024, City Council meeting, the City Council requested a future agenda item to discuss the City’s existing rear yard setback requirements for accessory structures in single-family residential (RS) zones. The concern stemmed from provisions that allow accessory structures in rear yards with zero side or rear setbacks. This existing regulation is codified in MBMC Section 10.52.050(D) (Relation to Property Lines), as provided in part below:
An accessory structure, any portion of which is located within a required rear yard, shall be located on a rear or interior side property line, or shall be not less than three feet (3′) from said property line(s).
For the purpose of this report, rear yard setbacks for accessory structures in the rear yard of a property shall be assumed to mean both the rear and interior side yard unless specifically stated otherwise.
On February 4, 2025, staff presented the agendized item before the City Council for discussion and was directed to further explore alternative setbacks and their implications, as well as obtain the Planning Commission’s input.
On June 11, 2025, the Planning Commission conducted a study session to discuss the item, which included background information on the purpose and history of the rear yard setback regulations, how these regulations have shaped existing development patterns, and the implications of eliminating the zero-foot setback allowance. During the meeting, the Commission expressed interest in exploring alternative side and rear yard setback requirements due to privacy, fire safety, and access concerns, and directed staff to report back with potential options for consideration.
On August 27, 2025, the Planning Commission conducted a second study session to discuss potential zone text amendments related to an alternative rear yard setback, building separation, application processing procedures, and definitions. At the conclusion of the meeting, the Commission directed staff to report back with proposed zone text amendments which are presented in greater detail in the ‘Discussion’ portion of this report.
DISCUSSION:
Based on the input received at the recent study session, the Commission’s directives are summarized below:
1. Regulation Scope:
° Limit the proposed amendments to be applicable only in single-family residential zones within Area Districts I and II, where zero-foot setback accessory structures are most common.
° Exempt smaller accessory structures from the revised setback standards.
2. Application Process: Retain the existing review process so that new accessory structures will remain subject to ministerial reviews. Additional language was added to exempt legal nonconforming accessory structures from a Minor Exception (director-level discretionary review) as long as the nonconforming walls of the accessory structure are within the required setbacks and are not altered.
3. Building Separation: Retain the existing 10-foot building separation requirement between structures. No code amendments were made as the status quo would be maintained.
4. Setbacks: Eliminate the existing zero-foot rear yard setback allowance for accessory structures and require a minimum three-foot setback with exceptions that would allow zero-foot setbacks on lots abutting an alley or a commercial zone.
5. Definitions: Amend and add new definitions as necessary to clarify provisions related to accessory structure development standards. As the proposed amendment scope is limited, no new or revised definitions are proposed at this time. However, additional consideration for proposed definitions will be included as part of the City’s effort to implement certain Housing Element programs in the coming months that require miscellaneous amendments throughout the MBMC and Manhattan Beach Local Coastal Program.
Proposed Zone Text Amendment
The draft amendments to the MBMC are shown below with an illustrative diagram attached (Attachment C) to provide visual guidance. Bold, italicized, and underlined text represent proposed additions (example). Strikethrough text represents proposed deletions (example).
10.52.050 Accessory structures.
D. Relation to Property Lines. An accessory structure, any portion of which is located within a required rear yard, shall be located on a rear or interior side property line, or shall be not less than three feet (3′) from said property line(s) (See Section 10.64.110(C); Aisle Dimensions, for exceptions applicable to detached alley-accessed garages). Building projections within the required setback area as prescribed in this section are permitted in accordance with Section 10.60.040; Building projections into required yards or open space.
Exceptions:
1. Where a fence, wall, or retaining wall is located on an interior side or rear property line, the setback for an accessory structure to the property line may be between zero and three feet (3′), providing there is zero clearance between said fence, wall or retaining wall and accessory structure.
2. RS zoned properties located in Area Districts I and II: All accessory structures that require a building permit must comply with front and side yard setbacks, and any portion of an accessory structure located in the rear yard setback shall be at least three feet (3’) from side and rear property lines.
a. Street-alley lot. Detached accessory structures other than garages may be located on a rear property line, or shall be not less than three feet (3’) from said property line. See Section 10.64.110(C); Aisle Dimensions, for standards applicable to detached alley-accessed garages.
b. Accessory structures may be located on a side and/or rear yard property line if said property line immediately abuts a commercial district.
c. An accessory structure that is nonconforming only because of its setback from the side and/or rear property lines may be enlarged or altered regardless of the estimated construction cost to determine the fifty percent (50%) valuation per Section 10.68.030(E), provided that no portion of the accessory structure that occupies a required setback is altered unless the alteration eliminates the non-conformity.
As drafted, the zero-foot setback provision has been eliminated for detached accessory structures in the rear yard of single-family residential zones in Area Districts I and II in most instances. Instead, a minimum three-foot setback would apply to all new accessory structures, and to additions to existing accessory structures that would become legal nonconforming. Detached garages accessed off an alley shall continue to comply with the aisle dimension standards outlined in MBMC Section 10.64.110(C), which require a minimum five-foot setback from the rear property line to ensure adequate visibility, safety and access. In addition, the new provision would establish a carve-out for accessory structures that do not require a building permit by allowing flexibility in placing smaller structures with no plumbing or electricity at the property line.
Two exceptions to the minimum three-foot setback requirement are proposed that would allow a zero-foot side and/or rear setback. Specifically, lots with a rear property line abutting an alley may construct accessory structures other than garages along the rear property line as long as the minimum three-foot side yard setbacks are met. Similarly, accessory structures may be built along the side and/or rear property lines if said property lines directly abut a commercial zone. Another exception to the rule is proposed for existing accessory structure that would deemed legal nonconforming in the future in terms of their interior side and/or rear yard setbacks. Specifically, the Minor Exception 50 percent valuation requirement would not apply, provided that any walls within the required setbacks are not altered to intensify the non-conformity. In doing so, legal nonconforming accessory structures would be able to remain as-is when renovated or built to comply with the new regulations.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the zone text amendments are exempt from CEQA pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines because projects constructed in reliance upon the proposed code amendments would consist of demolition, addition and the construction of small accessory structures on single-family residential lots. In addition, Section 15305 (Minor Alterations in Land Use Limitations) of the State CEQA Guidelines applies to the project because the average slope of the City’s Area Districts I and II, where the proposed amendments will be limited to, are less than 20 percent and the proposed amendments represent a minor land use change to existing development standards which do not result in changes to land use or density. Therefore, the proposed project is exempt from further review under CEQA.
PUBLIC OUTREACH:
A public notice for this meeting was emailed to all interested parties and published in The Beach Reporter on September 25, 2025. As of the writing of the report, staff has received no public comments.
CONCLUSION:
Staff recommends that the Planning Commission conduct the public hearing and adopt Resolution No. PC 25-10, recommending zone text amendments to the MBMC for the City Council’s consideration.
ATTACHMENTS:
1. Draft Resolution
2. Proposed Zone Text Amendments (Redline Version)
3. Accessory Structure Diagrams
4. City Council Meeting Staff Report (February 4, 2025) (Web-link Provided)
5. Planning Commission Meeting Staff Report (June 11, 2025) (Web-link Provided)
6. Planning Commission Meeting Staff Report (August 27, 2025) (Web-link Provided)