TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Masa Alkire, AICP, Community Development Director
Adam Finestone, AICP, Planning Manager
Jaehee Yoon, AICP, Senior Planner
SUBJECT:Title
Conduct a Public Hearing and Consider Introducing an Ordinance Amending Sections of the Manhattan Beach Municipal Code and the Manhattan Beach Local Coastal Program Related to the Long-Term Outdoor Dining Program Development (No Budget Impact) (Community Development Director Alkire).
(Estimated Time: 1 Hr. 30 Mins.)
A) CONDUCT PUBLIC HEARING
B) INTRODUCE ORDINANCE NO. 25-0013
C) ADOPT RESOLUTION NO. 25-0129
D) PROVIDE DIRECTION ON TIERED SIDEWALK DINING USE FEE
E) REVIEW AND PROVIDE DIRECTION ON DRAFT RESOLUTIONS REGARDING OUTDOOR DINING GUIDELINES AND SUBMITTAL OF AMENDMENTS TO THE CALIFORNIA COASTAL COMMISSION
Body
_________________________________________________________
RECOMMENDATION:
Staff recommends that the City Council: (1) conduct a public hearing; (2) introduce an ordinance to amend sections of the Manhattan Beach Municipal Code and the Manhattan Beach Local Coastal Program related to the long-term outdoor dining program development; (3) adopt Resolution No. 25-0129 approving the Negative Declaration associated with the draft ordinance prepared in accordance with the California Environmental Quality Act; (4) provide direction on potentially establishing a tiered sidewalk dining use fee structure; and (5) review and provide direction, if any, on draft resolutions prepared regarding the outdoor dining guidelines and submittal of the Manhattan Beach Local Coastal Program amendments to the California Coastal Commission.
EXECUTIVE SUMMARY:
In 2021, the City identified the need for a long-term solution to facilitate additional opportunities for outdoor dining, which was established as a temporary program in response to COVID-19 protocols. Following the end of the temporary outdoor dining program in February 2023, a series of meetings were held and studies conducted in support of the work plan effort. In March 2025, staff presented preliminary plans for the preferred program vision (which included sidewalk widening, parking reconfiguration, and public flex space improvements) and a comprehensive list of the outdoor dining task force recommendations to the City Council. At that meeting, the City Council directed staff to initiate code amendments intended to better regulate outdoor dining operations in a post COVID-19 environment that are the subject of this report by updating the City’s outdoor dining regulations and codifying some of the outdoor dining task force recommendations. At the same meeting, the Council also directed staff to pursue sidewalk widening and public flex space improvements as separate Capital Improvement Program projects in the future since the preferred program vision as a whole did not receive support to be further developed.
The proposed code amendments would modify three existing sections in the Manhattan Beach Municipal Code (MBMC) and Manhattan Beach Local Coastal Program (MBLCP). These sections pertain to: 1) sidewalk dining, 2) private property outdoor dining, and 3) commercial vehicle loading provisions. Additionally, outdoor dining guidelines were also developed as part of this program to provide additional guidance to sidewalk dining and private property outdoor dining operators on design requirements and operational standards. Between April and October 2025, the Parking and Public Improvements Commission and the Planning Commission reviewed the proposed amendments and their input helped shape the final draft ordinance included as Attachment 1 to this report.
A fiscal impact analysis that was conducted by the consultant team for the long-term program development included consideration of a tiered sidewalk dining use fee which the task force discussed and recommended. Specifically, the task force recommended implementing a tiered fee based on the location (i.e., Downtown versus North Manhattan Beach), and whether alcohol service is provided at the establishment, as that correlates with additional pedestrian traffic and/or sales revenue. The City Council may further consider the tiered use fee system and determine the incremental amount that could be assessed. If the Council provides direction to implement a tiered sidewalk dining use fee, staff will return at a future meeting to adopt a resolution to that effect.
The proposed MBLCP amendments require receiving certification from the California Coastal Commission (CCC) in order to take effect in the coastal zone where Downtown and North Manhattan Beach are located. As such, there would be a time lapse between when the updated ordinance would be implemented in the coastal zone versus the rest of the City, if the City Council adopts the proposed amendments.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action. The costs associated with staff resources for the processing of future outdoor dining permits will be offset by application fees.
Should the City Council direct staff to establish a tiered sidewalk dining use fee schedule, the City would collect additional revenue beyond the current levels of $4,697 per month. However, the approximate additional revenue amount cannot be quantified at this time as the rate of participation, the triggers that differentiate the tiers, and the different tiered fees are unknown.
BACKGROUND:
Between June 2020 and February 2023, the City allowed for temporary outdoor operations of a variety of uses in response to COVID-19 protocols that restricted indoor operations. On August 24, 2021, the City Council directed staff to pursue a work plan item to study a long-term program for outdoor dining and business uses as the focus gradually shifted from a temporary program to one in a post-pandemic era. On July 5, 2022, the City Council directed staff to form a 15-member ad hoc task force to assist in the long-term program development process. On May 1, 2023, the outdoor dining task force meetings kicked off with a total of 15 meetings conducted, and the task force was disbanded in April 2025.
The City Council received five status updates on the long-term outdoor dining program development over the past two years. On September 5, 2023, the first status update report included the task force-recommended program scope, a Minor Local Coastal Program amendment option, and potential contract revisions with the outdoor dining consultant, Moore Iacofano Goltsman, Inc. (MIG), to conduct a statistically accurate community survey and alternative traffic pattern analysis. At the time, the City Council provided feedback on the program scope but determined that the contract revision was not warranted.
On February 20, 2024, the second status update report was presented to the City Council. The report included community outreach efforts conducted; the preferred program vision for the long-term outdoor dining program, mainly consisting of sidewalk widening, parking reconfiguration, and public flex space improvements; options for the walk street commercial corners east of Manhattan Avenue at 10th Street; and potential amendments to MIG’s contract to develop preliminary plans. Following discussions, the City Council directed staff to report back with a Rough Order of Magnitude (ROM) estimate for the preferred program vision and confirmed that the task force need not explore other design alternatives during the interim.
On April 16, 2024, the third status update report was presented to the City Council. The report included the requested ROM estimate and related amendments to MIG’s contract to develop preliminary plans, as well as the outdoor dining task force recommendations on live outdoor entertainment/amplified music and enforcement mechanisms. At the time, the City Council approved amending MIG’s contract and took no action on the task force’s recommendations.
On October 1, 2024, the fourth status update report was presented to the City Council. The report included a proposal for a pilot project to test out the preferred program vision’s concept with a modular system along one block of Manhattan Avenue in Downtown. Due to other competing interests for resources, including Parking Lot 3, and the uncertainty of the sales tax ballot measure at the time (Measure MBB), the City Council directed staff to take no further action.
On March 26, 2025, the City Council conducted a special meeting to receive its fifth and final status update which included a comprehensive list of recommendations from the task force and the preliminary plans of the preferred program vision. At the meeting, the City Council directed staff to not proceed with further development of the preferred program vision, to initiate code amendments based on task force recommendations related to operational standards, to defer the sidewalk widening and public flex space improvements as a potential future Capital Improvement Program project, and to explore a tiered sidewalk dining use fee system with increased fees. No direction was provided on identifying parking strategies to implement as the program was scaled back without the preferred program vision and a separate parking management study was underway.
On April 24, 2025, the Parking and Public Improvements Commission considered the draft amendments related to sidewalk dining and commercial vehicle loading provisions. After discussions, the Parking and Public Improvements Commission passed a motion to recommend that the City Council adopt the proposed amendments with minor revisions to sidewalk dining-related objects, alcohol service Use Permit requirements, and commercial vehicle loading hours.
On May 28, 2025, the Planning Commission conducted a study session to discuss the proposed amendments related to private property outdoor dining regulations. At the meeting, the Planning Commission reached a consensus, largely supporting the proposed amendments, with the exception of whether a Use Permit should be required for alcohol service in outdoor dining areas.
On October 8, 2025, the Planning Commission conducted a duly noticed public hearing to discuss options related to the alcohol service provision and continued the hearing to the October 22, 2025, meeting to codify that a Use Permit would be required under certain circumstances when alcohol service is provided.
On October 22, 2025, the Planning Commission adopted Resolution Nos. PC 25-11 and 25-12, recommending that the City Council adopt the final Negative Declaration, as well as code amendments and an outdoor dining guideline related to private property outdoor dining.
DISCUSSION:
The purpose of the long-term outdoor dining program development is to allow outdoor dining operations in their current form to some degree, which have since changed with the temporary outdoor dining program. Specifically, allowing more flexibility in what could potentially occur and adding provisions for more clarity to better regulate outdoor dining. In addition to modernizing the City’s existing regulatory framework on outdoor dining, the ordinance update would help memorialize recommendations from the outdoor dining task force that formed the basis of the proposed amendments. This includes considering the possibility of establishing a tiered sidewalk dining use fee to reflect different types of operations and their potential impacts to surrounding uses. The work effort also included the preparation of outdoor dining guidelines to supplement the existing and proposed code provisions with visual aid and additional information in a user-friendly format to implement the long-term outdoor dining program.
Amendment Scope
The City currently has outdoor dining regulations pertaining to sidewalk dining and private property outdoor dining in the MBMC and MBLCP. While the MBMC and MBLCP are two separate documents, the regulations in the MBLCP generally mirror those contained in the MBMC. In reviewing projects in the coastal zone, the MBLCP takes precedence over the MBMC.
The scope of the proposed code amendments is limited to supplementing and revising the following chapters or sections in the MBMC and MBLCP:
• Sidewalk dining:
MBMC/MBLCP Chapter 7.36 (Private Use of the Public Right of Way)
• Private property outdoor dining:
MBMC Section 10.60.080/MBLCP Section A.60.080 (Outdoor facilities)
• Commercial vehicle loading:
MBMC Chapters 14.01 (Definitions) and 14.44 (Stopping for Loading or Unloading Only)
Sidewalk dining: MBMC/MBLCP Chapter 7.36 (Private Use of the Public Right of Way)
In July 1997, the City Council approved an administrative permit program to allow outdoor dining activities on sidewalks, as it was identified as a desired enhancement to Downtown. The administrative permit was subject to several operating conditions, and the program was well-received by the residential and business community. Ultimately, the program regulations were codified in MBMC/MBLCP Section 7.36.160 (Sidewalk dining encroachment permits) in February 2003. Since then, one subsequent amendment was made to set the minimum vertical height clearance (i.e., 84 inches) for horizontal projections (e.g., awnings) over the sidewalk area in July 2020.
The proposed amendments include updating the operational standards based on recommendations of the outdoor dining task force, as well as codifying a number of practices that have existed for some time. Below is a summary of the proposed amendments:
1. Location (MBMC/MBLCP Section 7.36.160)
Currently, the sidewalk dining ordinance does not identify geographical boundaries other than specifying that it is allowed on public sidewalks within the vehicular street right-of-way. The proposed amendment would clarify that sidewalk dining areas must be immediately adjacent to the business such that tables and chairs need to be against the building rather than across the sidewalk, and that the dining area does not extend beyond the restaurant’s frontage. The proposed amendment would also limit sidewalk dining to the Downtown Commercial (CD) and North End Commercial (CNE) Zoning Districts.
2. Director to condition or modify requirements per the Parking and Public Improvements Commission recommendations (MBMC/MBLCP Section 7.36.160)
New verbiage would be added that allows the Community Development Director to condition or modify permit requirements based on the Parking and Public Improvements Commission’s recommendation to provide flexibility in applying the sidewalk dining provisions to protect public health, safety, or welfare.
3. Unobstructed sidewalk width (MBMC/MBLCP Section 7.36.160.B)
The existing provision for unobstructed sidewalk width would be amended to codify the current practice of maintaining a minimum of 60 inches instead of the existing 48-inch code requirement to allow greater clearance for pedestrian pathways.
4. Sidewalk dining related objects (MBMC/MBLCP Section 7.36.160.C)
The proposed amendments would allow for placement of umbrellas, heaters, and other accessory items, all of which are currently prohibited, if a permit is issued to allow such objects in the sidewalk dining area. This amendment stemmed from community input received during outreach efforts and outdoor dining task force discussions where the public sought shade and comfort as they dined outdoors. In order to better manage refuse and maintain a clean environment, bussing stations would be prohibited unless relevant permits are also issued. This section has been further revised per the Parking and Public Improvements Commission’s input at its April 24, 2025, meeting, to specify that objects that cause vehicular, bicycle, or pedestrian traffic safety issues, as determined by the City’s traffic engineer, or coastal view impairments such as umbrellas along sloped streets in the east-west direction (e.g., Manhattan Beach Boulevard), would be prohibited.
5. Alcohol Service (MBMC/MBLCP Section 7.36.160.F)
Since COVID-19, several bills have been passed by the State legislature to allow various forms of relief to business operations, such as allowing expanded alcohol service in outdoor dining areas. Recently, this relief was extended through AB 592 until January 2029, if a COVID-19 Temporary Catering Authorization has been obtained from the California Department of Alcoholic Beverage Control (ABC), unless another bill is passed to extend beyond that timeline. Because of the desire to continue allowing outdoor dining operations with expanded alcohol service, the current regulations prohibiting such would be amended to allow serving and consuming alcohol in outdoor dining areas with a Use Permit or Use Permit amendment, along with ABC approval.
It should be noted that the outdoor dining task force recommended no discretionary reviews for expanded alcohol service in outdoor dining areas to streamline the permit process, which is consistent with what has been in place since COVID-19. However, the Parking and Public Improvements Commission requested modified language to require a Use Permit or Use Permit amendment during their April 24, 2025, meeting, and the draft ordinance has been crafted to reflect their input. The City Council may discuss this topic in light of AB 592 and the outdoor dining task force’s recommendation to allow for ministerial processing of permits, given that records from the Police Department noted most calls regarding outdoor dining involve transients in the outdoor dining areas and are rarely related to alcohol service.
6. Music and entertainment (MBMC/MBLCP Section 7.36.160.H)
The proposed amendment would clarify that live outdoor entertainment and amplified sound are prohibited. However, new verbiage is proposed to allow these activities no more than twice a year per existing MBMC Section 5.48.150 (Amplified sound permits).
7. Code compliance (MBMC/MBLCP Section 7.36.160.K and V)
Amendments are proposed to simplify code requirements that must be complied with, and a new provision would be added to specify enforcement actions and revocations. Specifically, that the permit would be revoked on the third enforcement action occurring within a one-year period from the first violation, and that the permittee would be unable to reapply for a permit under this section for one full year following the revocation.
8. Occupancy (MBMC/MBLCP Section 7.36.160.L)
Amendments are proposed to allow a net increase in occupancy if an adequately sized trash enclosure can be accommodated at the premises with appropriate service levels for the anticipated occupancy increase. Without approval from the Public Works Department’s Refuse Services, a net increase in dining occupancy would continue to be prohibited, whereby the establishment would need to take indoor seats outside for dining purposes. New verbiage is also added to specify that a Use Permit or a Use Permit amendment would not be required for changes in occupancy for the purpose of this section.
9. Parking requirements (MBMC/MBLCP Section 7.36.160.Q)
Parking requirements would continue to apply to the sidewalk dining area per Chapter 10.64 of the MBMC and Chapter A.64 of the MBLCP. However, an alternative means of complying with parking requirements is proposed to allow for additional bicycle parking on the premises in lieu of required vehicle parking spaces at a five-to-one ratio for any additional parking demand resulting from sidewalk dining.
It should be noted that AB 592 also waives parking requirements indefinitely for expansions of indoor dining to outdoor areas that were established due to COVID-19 restrictions, and therefore, the draft ordinance has been revised accordingly to only require parking for outdoor dining areas that receive permits after the ordinance takes effect.
10. Codify existing requirements in place
Several provisions are proposed, which have been part of the sidewalk dining encroachment permit application for some time, as follows:
• No queuing with outdoor dining furniture (MBMC/MBLCP Section 7.36.160.R)
The provision would prohibit utilizing sidewalk dining tables and chairs for customer queuing.
• Table size limits (MBMC/MBLCP Section 7.36.160.S)
The provision would limit the size of the sidewalk dining tables to two-seat only when sidewalks are 9.5 feet or less in width. By doing so, it minimizes congestion of existing sidewalks and ensures necessary clearance for pedestrians is provided at all times.
• Operations per approved plans (MBMC/MBLCP Section 7.36.160.T)
The provision would assist the City in terms of managing operational capacity and layout of the sidewalk dining area.
• Permit period and renewal date (MBMC/MBLCP Section 7.36.160.U)
This provision would specify the validity (i.e., one year from issuance or until March 1, whichever occurs first) of the sidewalk dining permit, consistent with private property outdoor dining regulations and when annual renewal is required (i.e., March 1 of each year).
11. MBMC/MBLCP Section 7.36.170 - Long-term commercial use encroachment permits
A minor error that references an incorrect section for sidewalk dining permits would be amended in Section 7.36.170.A.a, from 7.36.110 (Revocation) to 7.36.160 (Sidewalk dining encroachment permits).
Private property outdoor dining: MBMC Section 10.60.080/MBLCP Section A.60.080 (Outdoor facilities)
Private property outdoor dining is governed by this Code section, which is also used to regulate outdoor display of commercial merchandise to promote businesses. The proposed amendment would focus on private property outdoor dining regulations and include codifying provisions for outdoor dining areas above the ground floor.
1. Music and entertainment (MBMC Section 10.60.080.C.4/MBLCP Section A.60.080.C.4)
Amplified music and live outdoor entertainment are proposed to be allowed on the premises subject to existing permits in MBMC Chapter 4.20 (Amusements-dances and cafe entertainment) and Chapter 5.48 (Noise regulations). However, both activities would be prohibited in outdoor dining areas above the ground floor, including indoor areas that are not fully enclosed on the same level.
2. Alcohol service (MBMC Section 10.60.080.C.5/MBLCP Section A.60.080.C.5)
Similar to the proposed sidewalk dining ordinance, the current regulations prohibiting alcohol service would be amended to allow serving and consuming alcohol in outdoor dining areas with a Use Permit or a Use Permit amendment, along with approval by ABC. However, the discretionary review would only be triggered if the project is within 150 feet from a residential zone, above the ground floor, or operates beyond 10:00 p.m. It should be noted that based on a mapping exercise of all commercial zones in the City, approximately 88 percent of the City’s commercially zoned parcels would be required to obtain a Use Permit or a Use Permit amendment for alcohol service in outdoor dining areas under this requirement.
3. Occupancy (MBMC Section 10.60.080.C.6/MBLCP Section A.60.080.C.6)
A new provision on occupancy mirroring the draft sidewalk dining ordinance is proposed to allow an increase in occupancy, only if an adequately sized trash enclosure can be accommodated at the premises with appropriate service levels. Without approval from the Public Works Department’s Refuse Services, an increase in dining occupancy would continue to be prohibited. New verbiage is also added to specify that a Use Permit or a Use Permit amendment would not be required for changes in occupancy or minor expansions solely for the purpose of accommodating access to the outdoor dining area above the ground floor.
4. Parking requirements (MBMC Section 10.60.080.C.7/MBLCP Section A.60.080.C.7)
Similar to the draft sidewalk dining ordinance, parking requirements would apply to the outdoor dining area per Chapter 10.64 of the MBMC and Chapter A.64 of the MBLCP for outdoor dining areas created after the ordinance takes effect per AB 592. Also, an alternative means of complying with parking requirements is added that would allow providing bicycle parking on the premises in lieu of vehicle parking spaces (at a five-to-one ratio) for any additional occupancy resulting from outdoor dining. Furthermore, the provision clarifies that off-street parking spaces could only be utilized for outdoor dining when there are excess spaces available.
5. Operating hours (MBMC Section 10.60.080.C.8/MBLCP Section A.60.080.C.8)
A new provision is added to specify that outdoor dining operations would conclude by 10:00 p.m., consistent with the sidewalk dining ordinance. However, establishments with outdoor dining on the ground floor that are at least 150 feet from a residential use would be able to operate in accordance with other associated permits tied to the business such as a Use Permit.
6. Additional regulations for outdoor dining above the ground floor (MBMC Section 10.60.080.C.9/MBLCP Section A.60.080.C.9)
Additional provisions for outdoor dining above the ground floor are proposed that include not facing and not being placed less than 15 feet away from residential uses; incorporating noise attenuation measures into the outdoor dining area design; and prohibiting outdoor dining areas that project over the right-of-way, unless previously approved. By codifying regulations for outdoor dining above the ground floor, the Downtown second-floor outdoor dining guidelines that were adopted by the City Council in January 2019 would be rescinded and superseded by the proposed provisions.
7. Compliance with applicable codes and regulations (MBMC Section 10.60.080.C.10/ MBLCP Section A.60.080.C.10)
New verbiage has been included to ensure that the business owner complies with all other applicable codes, regulations, and requirements that are not specifically noted in this section, consistent with the draft sidewalk dining ordinance.
8. Application materials and deviations (MBMC Section 10.60.080.E/MBLCP Section A.60.080.E
Code language has been revised to require plans as part of the application and clarifies that deviations for outdoor dining regulations would require a Use Permit or a Use Permit amendment. This section further clarifies that deviations for amplified sound and live outdoor entertainment on outdoor dining areas above the ground floor cannot be requested.
9. Enforcement and revocation (MBMC Section 10.60.080.F/MBLCP Section A.60.080.F)
The same three-strikes-and-out enforcement mechanism and revocation provisions found in the draft sidewalk dining ordinance have been included.
10. Permit renewal date (MBMC Section 10.60.080.G/MBLCP Section A.60.080.G)
New verbiage is added to exclude annual renewals for outdoor dining areas above the ground floor since the intent of the renewal on private property is to monitor activities that occur on the ground level open spaces and excess parking spaces that are utilized for outdoor dining.
Commercial vehicle loading: MBMC Chapters 14.01 (Definitions) and 14.44 (Stopping for Loading or Unloading Only)
One of the concerns that was repeatedly raised during community outreach is how vehicle loading and unloading activities negatively impact residents’ quality of life. Specifically, vehicles blocking access into and out of residential streets or alleys, and their associated noise impacts. Because the current restrictions on loading activities in the MBMC are very limited, the City Council requested that the outdoor dining task force discuss regulating vehicle loading activities as part of the program development. Based on the task force’s recommendation, amendments are proposed with new definitions and a new section specific to commercial vehicle loading that would not only apply to outdoor dining, but to all commercial vehicle loading activities within the CD and CNE Zoning Districts.
1. Definitions (MBMC Sections 14.01.035 and 14.01.085)
Definitions of “commercial loading and unloading” and “large commercial vehicle” are proposed to be added to the City’s traffic code to clarify the provisions in the newly added Section 14.44.035 (Commercial vehicle loading and unloading). Commercial vehicle loading would be defined as stopping or standing for the purpose of loading to any commercial building or structure, and large commercial vehicle would be those over 30 feet in length.
2. Commercial vehicle loading and unloading limits (MBMC Section 14.44.035)
The proposed regulations would prohibit large commercial vehicles from loading along streets and alleys less than 36 feet in width within the CD and CNE Zoning Districts during the timeframes specified in the draft ordinance, unless there are no residential uses on either side of the block. Specifically, loading would be prohibited between 11:00 p.m. and 7:00 a.m. the next day, Sunday through Friday morning; and between 6:00 p.m. and 7:00 a.m. the next day, Friday through Sunday morning. In cases where it is necessary to post special loading restriction signs for certain streets that do not meet the aforementioned criteria, a provision is added to provide the City’s traffic engineer with the flexibility to do so, including signs that may prohibit large commercial vehicle loading at all times in residential areas.
Tiered Sidewalk Dining Use Fee
During the long-term outdoor dining program development, a fiscal impact analysis was conducted by the consultant team to examine the existing monthly sidewalk dining use fee at the time (i.e., $3/square foot, which was established in 2015). (The monthly fee was increased to $4/square foot via City Council adoption of an updated user fee schedule earlier this year, which took effect in July.) Options were presented for the City’s consideration to implement a tiered use fee depending on location, type of establishment, operating hours and so forth, as well as the input on use fees received from the business community as part of the stakeholder interviews. Based on the consultant team’s analysis, the recommendation is that monthly fees should not exceed the average market rent for indoor retail space as it may discourage participation. At the time of the consultant’s analysis in 2023-2024, the average market rent for indoor retail space in Downtown was $5/square foot and North Manhattan Beach was $4/square foot.
At the July 9, 2024, outdoor dining task force meeting, the tiered use fee concept was discussed and recommendations were made by the task force to implement 1) a higher use fee than current levels (at that time) to adequately reflect current market conditions; and 2) a tiered use fee with incremental increases depending on the location and whether alcohol was served, as it correlates to more pedestrian traffic and/or sales revenue. The City Council may consider a tiered use fee per the task force’s recommendation to increase the base fee by a certain amount for establishments located in Downtown and/or if alcohol service is provided. For instance, if the incremental fee is set at $0.50 to the base fee of $4/square foot, it may be applied in the following manner:
|
Tier |
Monthly Fee/Square Foot |
Applicability |
|
1 |
$4.00 |
All businesses |
|
2 |
$4.50 |
With alcohol service OR located in Downtown |
|
3 |
$5.00 |
With alcohol service AND located in Downtown |
Outdoor Dining Guidelines
The long-term outdoor dining program development envisioned producing guidelines to communicate development standards and operational requirements in a user-friendly manner. Staff has prepared draft outdoor dining guidelines (Attachment 3) in two parts; one for private property outdoor dining, and another that also includes sidewalk dining. The reason for producing two sets of guidelines is because provisions related to sidewalk dining are only applicable to properties in the coastal zone, which is governed by the MBLCP. Amendments to the MBLCP do not take effect until they are certified by the CCC, which would likely not occur for several months after the City Council adopts the ordinance. Provisions of the amendments included in the MBMC will take effect outside of the coastal zone regardless of the time it takes for CCC certification of the MBLCP amendments, so the guidelines for private property outdoor dining will be applicable sooner. The guidelines that include the updated sidewalk dining ordinance provisions will be made available upon certification of the MBLCP amendments.
If approved to proceed, the draft Resolution (Attachment 3) to adopt the guidelines would be presented at the second reading for the proposed ordinance that includes verbiage delegating the authority to make future revisions to the Community Development Director.
California Coastal Commission
Staff has regularly engaged with CCC staff on program development to solicit their input and guidance since the beginning of 2023. A copy of the most recent draft MBLCP amendments was sent to the CCC for their review on October 27, 2025. As of this writing, the City did not receive any input from the CCC on the draft ordinance. Should the City Council take the recommended action, staff will forward the adopted ordinance to the CCC for their review and incorporation into the MBLCP for certification.
General Plan, MBMC, and MBLCP Consistency
Staff has determined that the proposed code amendments are consistent with the City’s General Plan, the MBMC, and the MBLCP, in that they uphold, and do not hinder, the purposes, goals, and policies of these documents. Specifically, the proposed code amendments are intended to strike a balance between preserving residential quality of life while supporting commercial uses that complement the City. Additionally, consideration has been given to provisions that enhance coastal access with specific parking regulations that facilitate coastal recreational opportunities by promoting greater visitor-serving uses in commercial areas of the coastal zone. A list of General Plan goals and policies for which the proposed MBMC and MBLCP code amendments have been determined to be consistent with are included in draft Ordinance No. 25-13.
PUBLIC OUTREACH:
The basis of the proposed amendments is an accumulation of public outreach efforts, including 15 outdoor dining task force meetings, five City Council status update reports, two community workshops, and participation in the 2023 Hometown Fair, as well as the Parking and Public Improvements Commission (April 24, 2025) and Planning Commission (May 28, 2025, October 8, 2025, and October 22, 2025) meetings that provided additional opportunities for the public to engage in the process.
A notice specifically related to this public hearing was published in The Beach Reporter, emailed to all interested parties, posted on the City website, at City Hall and other City locations on November 6, 2025. Additionally, this report has been uploaded to the City’s dedicated outdoor dining webpage. As of the writing of this report, staff received one public comment (Attachment 15) related to the noise impact analysis associated with outdoor dining above the ground floor.
ENVIRONMENTAL REVIEW:
The proposed code amendments are subject to environmental review pursuant to the California Environmental Quality Act (CEQA). Accordingly, an Initial Study (IS) was prepared to analyze environmental factors that may potentially be affected by the project and its implementation. Based on the analysis, it was determined that adoption of the proposed code amendments would not have a significant effect on the environment. Therefore, a draft Negative Declaration (ND) was prepared in accordance with Section 15070-15075 of the CEQA Guidelines.
A Notice of Completion (NOC) and the Notice of Intent (NOI) to Adopt a Negative Declaration (ND) were filed with the Los Angeles County Clerk and the State Clearinghouse on August 22, 2025. These initiated the circulation of the document for public review from August 22, 2025, through September 22, 2025, and two comments were received during the public review period. The comments focused on sidewalk obstructions and enforcement of existing regulations, and on noise impacts from outdoor dining activities, particularly above the ground floor. The two comments and staff’s response to the comments are incorporated into the Final ND as Attachment 2.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
NEXT STEPS:
The proposed ordinance and associated guidelines are the result of significant community engagement efforts and the work of the outdoor dining task force. The overall work effort will allow the City to memorialize a variety of the provisions that were established as part of the temporary outdoor dining program and influenced by input received during the course of the program development. Staff requests that the City Council:
1) Introduce Ordinance No. 25-0013, amending the MBMC and MBLCP related to outdoor dining and associated provisions;
2) Adopt Resolution No. 25-0129, approving the final Negative Declaration prepared for the project;
3) Provide direction on establishing a tiered sidewalk dining use fee schedule. If requested, staff will return at a future meeting to recommend adoption of a resolution to amend the City’s comprehensive fee schedule to reflect the tiered use fees for sidewalk dining encroachments; and,
4) Defer action on the draft Resolutions related to the outdoor dining guidelines and submittal of the MBLCP amendments to the CCC, respectively, until Ordinance No. 25-0013 is adopted.
ATTACHMENTS:
1. Ordinance No. 25-0013
2. Resolution No. 25-0129 (Negative Declaration)
3. Draft Resolution (Outdoor Dining Guidelines)
4. Draft Resolution (Authorizing submittal to the California Coastal Commission)
5. Proposed MBMC and MBLCP Text Amendments (Redline Version)
6. City Council Status Update Report No. 1 (September 5, 2023) (Web-Link)
7. City Council Status Update Report No. 2 (February 20, 2024) (Web-Link)
8. City Council Status Update Report No. 3 (April 16, 2024) (Web-Link)
9. City Council Status Update Report No. 4 (October 1, 2024) (Web-Link)
10. City Council Status Update Report No. 5 (March 11, 2025) (Web-Link)
11. Parking and Public Improvements Commission Staff Report (April 24, 2025) (Web-Link)
12. Planning Commission Staff Report (May 28, 2025) (Web-Link)
13. Planning Commission Staff Report (October 8, 2025) (Web-Link)
14. Planning Commission Staff Report (October 22, 2025) (Web-Link)
15. Public Comment
16. PowerPoint Presentation