TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Masa Alkire, Community Development Director
Erik Zandvliet, T.E., City Traffic Engineer
SUBJECT:Title
Consideration and Introduction of an Ordinance Amending Chapters 9.72 and 14.40 of the Manhattan Beach Municipal Code Related to the Definition and Regulation of Public Parking Pads (No Budget Impact) (Community Development Director Alkire)
(Estimated Time: 1.5 Hrs.)
A) DISCUSS AND PROVIDE DIRECTION
B) INTRODUCE ORDINANCE NO. 26-0010
Body
_________________________________________________________
RECOMMENDATION:
Staff recommends that the City Council discuss the proposed policy, after receiving public comment, introduce an ordinance to amend Chapters 9.72 and 14.40 of the Manhattan Beach Municipal Code related to the definition and regulation of public parking pads.
FISCAL IMPLICATIONS:
No significant changes to the public right-of-way are anticipated as part of the proposed ordinance. The designated public parking pads located in the Dune Section of the City will be identified by signs, markers or striping that would be installed by the Public Works Department within the existing street maintenance budget.
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, 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. 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 December 4, 2025, PPIC Staff Report attachments for the above staff reports and ordinance.) 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 (NOTE: The ‘Dune Section’ is a colloquial term referring to the portion of the Sand Section neighborhood located east of Highland Avenue. The Tree and Sand Sections are identified on the Manhattan Beach General Plan’s Neighborhoods Map [GP Figure LU-1]). The proposed ordinance was presented to the City Council at a public hearing on February 4, 2003. 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. The ordinance requires public improvements (such as curbs, gutters, and sidewalks) to be made in the public ROW when private property is being developed with a value exceeding 50% of the existing structure. In addition, the ordinance requires the construction of paved public parking pads, in addition to public street improvements, within the Tree Section only. At that time, the City Council intentionally omitted the requirement to construct new parking pads in the “Dune Section/Alma Avenue”. Therefore, there are currently no code requirements for new parking pads in the Dune Section. (See December 4, 2025, PPIC Staff Report attachments for above staff reports and ordinance.)
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. Also, property owners can voluntarily construct a 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 December 4, 2025, PPIC Staff Report attachment.) In addition, the City’s 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. (See attachment.) 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. On June 25, 2026, the Commission heard additional public testimony and discussed a proposed amendment to the Municipal Code to establish a policy and regulations related to public parking pads in the City right-of-way. (See Attachment.) The Commission voted unanimously to recommend that the City Council adopt an ordinance amending Chapters 9.72 and 14.40 of the Manhattan Beach Municipal Code related to public parking pads.
DISCUSSION:
Pursuant to the PPIC direction given on December 4, 2025, and February 26, 2026, staff has prepared draft Code amendments (See attached draft Ordinance) that define a public parking pad and establishes standards for the application and use of public parking pads. First, the public parking pad definitions and standards 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 code amendment has been prepared in MBMC Chapter 14.40 to establish regulations for parking on public parking pads. For ease of reading the proposed amendments are also included in a “redline version” included in the attached June 25, 2026 PPIC staff report.
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.
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 public sidewalk or edge of roadway 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 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 appeal the City’s determination of a public parking pad under certain circumstances. The proposed code amendment reads:
9.72.015(C)(8) - A property owner of a legal non-conforming residence that does not comply with minimum off-street parking standards may apply for an encroachment permit for the private use of a public parking pad that is located directly between their property and the roadway and was constructed prior to October 5, 1972, pursuant to MBMC Chapter 7.36.
If the appeal is granted, the property owner could then apply for an encroachment permit for the private use of the public parking pad pursuant to MBMC Chapter 7.36. Should the City Council NOT wish to allow this provision, the City Council should omit this proposed code subsection from the Ordinance.
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.
supported in whole or part by City contracts, grants, loans or other forms of assistance.
LEGAL REVIEW:
The City Attorney has approved the draft ordinance as to form.
ATTACHMENTS:
1. Ordinance No. 26-0010
2. PPIC Staff Report 12/4/2025 with attachments
3. PPIC Staff Report 6/25/2026 with attachments
4. Parking Pad Examples Sketch (6/12/2026)
5. Frequently Asked Questions Handout (Draft)
6. Visual Guide to Public Parking Pads
7. PowerPoint Presentation