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
Consideration of a Draft Ordinance Amending Chapters 9.72 and 14.40 of the Manhattan Beach Municipal Code Related to Public Parking Pads.
DISCUSS AND PROVIDE DIRECTION
Body
_________________________________________________________
RECOMMENDATION:
Staff recommends that the Commission pass a motion to recommend the City Council adopt an ordinance amending Chapters 9.72 and 14.40 of the Manhattan Beach Municipal Code related to public parking pads.
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 7.36 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, 2002 (See Attachment), July 25, 2002, and September 26, 2002 (See Attachment), 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 on streets within the Coastal Zone for beach access in compliance with the Local Coastal Program (LCP). Also, property owners can voluntarily construct a public parking pad in the public ROW in front of their property as part of other landscaping improvements.
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.
On August 8, 2025, the City Council directed staff to prepare a comprehensive report on the City’s parking pad policy and return at a future meeting. On December 4, 2025, the PPIC began discussing the history and current policies related to parking pads. At the meeting, the PPIC made the following recommendations:
1. Develop reasonable policy criteria for determining when a parking pad should not be classified as a public parking pad based on its physical placement;
2. Ensure that all public parking pads are clearly marked and to ask for input from residents on appropriate marking methods;
3. Establish penalties for property owners who create counterfeit markings; and
4. Identify the number of parking pads that were in existence prior to the adoption of Chapter 7.36 of the Municipal Code in 1972, with the potential option for property owners to submit appeals to privatize specific pads or establish a "grandfather clause" permitting certain pads to remain private.
On February 2, 2026, the Commission heard additional public testimony and provided further direction to staff in the preparation of an ordinance related to the definition, guidance and enforcement of public parking pads. This staff report describes a proposed amendment to the Municipal Code that will establish a policy and regulations related to public parking pads in the City right-of-way.
DISCUSSION:
Pursuant to the PPIC direction given on December 4, 2025, and February 26, 2026, staff has prepared a draft Code amendment that defines a public parking pad and creates standards for the application and use of public parking pads. This Code amendment will be located in MBMC Chapter 9.72-Street Improvements because public parking pads will be for public use, and not encroachments for private use. Second, a draft Code amendment been prepared in MBMC Chapter 14.40 that establishes regulations for parking on public parking pads (See attachment). It should be noted that the goal of the proposed code amendment is not to add or remove parking spaces. The goal is to clearly define adequately sized public parking spaces at a safe distance from existing structures and ensure the public spaces do not impede vehicular and pedestrian access to adjacent homes. As with other areas of the City, an adjacent homeowner is not considered to be impeding access to their own home if they park within a driveway, partially on private property, or in other access areas to their property. Most parking restrictions would also apply to a public parking pad with the exception of street sweeping restrictions, because public parking pads are not swept due to their location outside of the traveled way.
Definitions - Five new definitions would be created to clarify what a public parking pad is and where it can be located as follows:
“Driveway Access” means a paved surface within the right-of-way used for vehicle access to a parking space located entirely on private property. A driveway access excluding any sidewalk area may be used for parking by the resident of the adjacent property.
“Pedestrian Access Route” means a paved area of at least four feet wide within the right-of-way between the back of a public sidewalk, or the edge of roadway if there is no sidewalk, and a private gate, door, stairs or other required access to the adjacent residence. The route alignment shall be determined by the City.
“Public Parking Pad” means a paved surface located entirely within the right-of-way immediately adjacent to the edge of the roadway designed and constructed exclusively for vehicle parking which does not obstruct a driveway access, sidewalk or pedestrian access route. A public parking pad is not a private encroachment in the right-of-way.
"Right of way" means the surface and space in, on, above, through and below any real property in which the City of Manhattan Beach has a legal or equitable interest whether held in fee or any other estate or interest, or as a trustee for the public, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, curb, parkway, river, tunnel, viaduct, bridge, public easement, or dedicated easement.
“Roadway” shall mean that portion of the right-of-way improved, designed, or ordinarily used for vehicular or bicycle travel. Roadway shall include the definition of Roadway in the California Vehicle Code.
Guidance - The following standards have been prepared to guide the construction and use of public parking pads:
1. The minimum dimensions of a public parking pad shall be 8-1/2 feet wide by 18 feet long.
2. A public parking pad may be aligned either parallel, diagonal or perpendicular to the street centerline.
3. No portion of a public parking pad shall be located at less than one foot away from a private wall or building.
4. Public parking pads shall not be used for any purpose other than parking.
5. When not in use, public parking pads shall remain unobstructed and accessible by a vehicle from the street for public use at all times. A public parking pad shall not be modified in a manner that prevents public parking.
6. Parking pads identified on approved plans or required by a discretionary entitlement are considered public parking pads pursuant to this chapter.
7. Public parking pads shall be identified by an object marker, sign or striping that is recognizable to the public as a public parking space subject to the review and approval of the City.
Enforcement - The following regulations have been prepared to describe and enforce violations related to parking on a public parking pad:
A. Vehicles parked partially or wholly within a public parking pad are subject to all applicable vehicle and parking regulations in MBMC Title 14 except street sweeping parking restrictions.
B. Any vehicle parked partially or wholly on private property shall be subject to a violation pursuant to MBMC Section 14.40.120, even if it is partially parked on a public parking pad.
C. A vehicle parked partially or wholly on the roadway shall be subject to all applicable vehicle and parking regulations pursuant to the California Vehicle Code and MBMC Title 14.
D. Objects or obstructions that block access to a public parking pad are unpermitted private use of the public right-of-way subject to enforcement pursuant to MBMC Chapter 7.36.
E. No portion of a vehicle shall be parked in a landscaped area pursuant to MBMC Section 14.36.030.
F. Unauthorized parking signs and markings in the right-of-way are a violation of MBMC Chapter 14.12.
Parking Pad Identification - The PPIC gave direction to staff to ensure that all public parking pads are clearly marked. This will assist the public in knowing where they CAN legally park rather than where they can’t. Pursuant to the proposed code amendment, the City will determine the types object markers, signs or markings that will be acceptable to identify a public parking pad. This will give flexibility for the identification to be compatible with the surrounding improvements. For example, striping may be required to define the area of the public parking pad, or an object marker may be needed because the pavement is not suitable for a painted stencil. It should be noted that property owners are permitted post private property signs to prohibit public parking on their own property pursuant to MBMC Section 14.40.120.
Pre-Regulatory Parking Pads - Pursuant to PPIC direction, a “grandfather” clause has been prepared to allow for property owners to seek a determination that under certain circumstances an existing parking pad is not a public parking pad. If such determination is made or granted through an appeal, the property owner could then apply for an encroachment permit for the private use of the public right-of-way pursuant to MBMC Chapter 7.36. The proposed code amendment reads:
A property owner of a residence that is legally nonconforming because it does not comply with minimum off-street parking standards may apply for an encroachment permit pursuant to MBMC Chapter 7.36 for the private use of a parking pad that is located directly between their property and the roadway and which parking pad was constructed prior to October 5, 1972. The number of parking spaces on the parking pad shall not exceed the number of deficient parking spaces for that property.
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 ordinance for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) (the “common sense” exemption) of the State CEQA Guidelines, the agreement is exempt from CEQA.
ATTACHMENTS:
A. Draft Public Parking Pad Code Amendment MBMC 9.72 and 14.40
B. Sketch-Parking Pad Examples (6/2026)
C. Sketch-Parking Pad Enforcement
D. Public Parking Pad FAQ Handout (Draft)