TO:
Honorable Planning Commission Chair and Commissioners
THROUGH:
Masa Alkire, Community Development Director
FROM:
Adam Finestone, Planning Manager
Jaehee Yoon, Senior Planner
Johnathon Masi, Associate Planner
SUBJECT:Title
Study session to discuss proposed code amendments related to portable signs and benches adjacent to commercial businesses in the Coastal Zone
Body
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RECOMMENDATION:
Staff recommends that the Planning Commission conduct a study session to discuss and provide input on proposed code amendments related to portable signs and benches adjacent to commercial businesses in the Coastal Zone.
BACKGROUND:
Portable signs on public and private property are currently prohibited by the Manhattan Beach Municipal Code (MBMC) and the Manhattan Beach Local Coastal Program (MBLCP). In addition, the MBMC contains regulations for benches in the public right-of-way, primarily for transit stops, that are not addressed in the MBLCP. Benches on private property are allowed and regulated by both the MBMC and MBLCP.
Over the past several years, portable signs, benches, and other items in the public right-of-way have proliferated, causing impediments to pedestrian traffic flow and other potentially unsafe conditions. In August 2025, the City’s Code Enforcement Division began a proactive enforcement effort to ensure clear and accessible paths of travel on City sidewalks in the Downtown and North Manhattan Beach areas. Starting in November 2025, Notices of Violation (NOVs) were issued to businesses that had not come into compliance with code requirements, though no monetary citations were issued.
On October 7, 2025, the City Council requested a future agenda item to discuss potential code amendments to allow A-Frame signs and benches in the public right-of-way as a means to promote business engagement in the Downtown area.
On February 3, 2026, staff presented the agendized item to the City Council for discussion and was directed to initiate code amendments to allow portable signs on both public and private property, and benches in the public right-of-way. Specifically, the City Council requested the following as part of the code amendment:
• Limit the amendment scope to commercial businesses in the Coastal Zone.
• Incorporate input received from the business community.
• Develop clear code language for ease of implementation, including physical parameters and insurance requirements.
• Consider guidelines for additional items such as dog bowls or planters.
• Pause enforcement actions in the Coastal Zone during the interim with the exception of merchandise displayed for sale on public property, items that infringe upon an accessible path of travel pursuant to the Americans with Disabilities Act (ADA), and items that create public safety concerns
DISCUSSION:
Community Outreach
As an initial step in the code amendment process to understand preferences and concerns on the topic, the City reached out to the business community and conducted a general poll for public participation. The results of the outreach largely shaped the draft code language, which was designed to be as simple and straightforward as possible.
In March 2026, staff attended meetings with the Downtown Business and Professional Association (DBPA), the Manhattan Beach Chamber of Commerce (Chamber of Commerce), and the North Manhattan Beach Business Improvement District (North MB BID). The purpose of the meetings was to share the City Council’s direction on the proposed code amendment effort and solicit input from the business community related to potential implications of any proposed amendments.
Business owners noted customers’ support for and appreciation of portable signs that easily attract pedestrian attention and benches that provide a place to rest. In addition, business owners expressed a desire for simple, easy-to-understand code provisions, with limited design standards to allow creativity and uniqueness among businesses.
Concurrently with the business outreach, the City conducted a community survey (from March 11, 2026, through March 27, 2026) to gauge public opinion and concerns regarding the issue. The City received 493 responses made up of residents (82%), business owners (13%), and others (5%; such as visitors, workers, etc.). The survey asked respondents to identify items they believe are appropriate to be placed in the public right-of-way, and design characteristics for those items (e.g., size, materials, etc.); items they believe are not appropriate and should be prohibited (on public or private property, or both); and development standards that should be considered.
While the survey identified some support to allow items in the right-of-way to promote businesses and provide a public benefit in the form of benches, there was also significant concern that allowing items in the public right-of-way would make the already narrow sidewalks more cluttered and potentially unsafe for pedestrian traffic, and may degrade the quality of life and charm of the City. Overall, there was a strong sentiment to keep the public right-of-way clear of obstructions and maintain the existing prohibitions while allowing limited opportunities for placement of objects in the right-of-way during special events (i.e., sidewalk sales) to support local businesses. Regarding placement of items on private property, there were fewer concerns expressed as long as items do not spill into the public right-of-way or create visual clutter or safety issues. Because the public strongly favored keeping sidewalks clear, no additional consideration was given to creating guidelines for other items in the right-of-way (e.g., dog bowls, planters), and the draft ordinance focuses on regulating portable signs and benches. The results of the survey can be found in Attachment 3 to this report.
Existing Regulations
Commercial properties in the Coastal Zone include those in Downtown (zoned Downtown Commercial - CD), North Manhattan Beach (zoned North End Commercial - CNE) and at the intersection of Marine and Highland avenues (zoned Local Commercial - CL). Properties in the Coastal Zone are governed by the MBLCP, a comprehensive policy document prepared in accordance with the Coastal Act that includes land use regulations largely the same as those in the MBMC. A summary of applicable provisions in the MBLCP and MBMC regarding portable signs and/or benches is provided below. The full text of applicable code sections are included as Attachment 2 to this report.
A. Applicable to Both Portable Signs and Benches
MBLCP and MBMC Section 7.36.060 (Permit conditions)
One of the mandatory conditions of granting an encroachment permit for private use of the public right-of-way is a certificate of insurance in amounts and form satisfactory to the City’s Risk Manager, releasing the City from any and all liability whatsoever in the granting of such encroachment.
MBLCP and MBMC Section 7.36.150 (Encroachment Standards)
Per MBLCP and MBMC Section 7.36.020, an encroachment area is defined as the section of public right-of-way located between the private property line and the edge of the walkway or roadway. Encroachments include any improvement made to, in, along, under, over, or across a public place, right of way, sidewalk, or street, for private use of the adjoining property. The encroachment standards allow for private use and development of the public right-of-way, while ensuring improvements are functional, attractive, and non-obtrusive to the public, consistent with building safety and public works standards, and compatible with public facilities and surrounding development.
MBLCP and MBMC Section 7.36.170 (Long-Term Commercial Use Encroachment Permits)
Encroachments in the public right-of-way for commercial use require City Council approval, with a few exceptions. These exceptions include sidewalk dining activities adjacent to restaurants (subject to issuance of a sidewalk dining permit), certain building projections, and roof access or other elements required by applicable codes. The exceptions do not include portable signs or benches.
B. Applicable to Portable Signs
MBLCP Section A.72.050 and MBMC Section 10.72.050 (Permitted Signs)
This section provides a schedule of permitted signs by land use and type of sign, quantitative development standards (number of signs, size, height, etc.), as well as additional considerations including the need for an encroachment permit for signs that project into or over the public right-of-way.
MBLCP Section A.72.070 and MBMC Section 10.72.070 (Prohibited Signs)
This section lists prohibited sign types which expressly include, without limitation, off-site or off-premises signs, signs on public property (subject to certain exceptions), and portable, A-frame and sidewalk signs. The portable, A-frame and sidewalk sign prohibition is generally applicable on both private and public property.
C. Applicable to Benches
MBLCP Section A.60.080 and MBMC Section 10.60.080 (Outdoor Facilities)
This section provides opportunities for outdoor dining and outdoor display of merchandise on commercially zoned private property throughout the City with standards to address potential adverse impacts on surrounding properties. While this section describes “chairs and benches for customer waiting” as permitted outdoor facilities, it is specific to private property and does not apply to the public right-of-way.
Proposed Code Amendments
The intent of the proposed amendments is to balance supporting local businesses with preserving public spaces for public use. Based on City Council direction and input from residents and the business community, the following MBLCP and MBMC amendments have been drafted for the Commission’s consideration:
A. Portable Signs
1. Public Right-of-Way
a. Add general requirements for portable signs located in an encroachment area (MBLCP and MBMC Section 7.36.150)
New provisions are proposed as subsection 7.36.150(A)(10), under general standards for encroachments, to allow portable signs in the public right-of-way. The provisions outline location criteria, design standards, permit and permittee requirements, and enforcement and permit revocation procedures. Specifically, portable signs would be:
• only allowed adjacent to a commercial business in the Coastal Zone;
• subject to sign code standards in MBLCP Chapter A.72 and MBMC Chapter 10.72;
• required to be removed at close of business or by 10:30 p.m., whichever is earlier and may not be placed until 7:30 a.m. or open of business whichever is later;
• permitted for a period of one year or until March 1st of each year, whichever occurs first;
• issued to business owners rather than property owners, which are non-transferable; and
• revoked upon the third violation within a one-year period.
Insurance requirements are a mandatory condition for an encroachment permit per MBLCP and MBMC subsection 7.36.060(B)(3), so new provisions related to insurance are not required.
b. Add portable signs to list of long-term commercial use encroachment permits that are subject to review and approval by the Community Development Director (MBLCP and MBMC Section 7.36.170)
MBLCP and MBMC Chapter 7.36 do not expressly prohibit signs in the public right-of-way. Prohibition of signs on public property is included in MBLCP Section A.72.070 and MBMC Section 10.72.070. MBLCP and MBMC Chapter 7.36 establish provisions for approval of long-term commercial use encroachment permits. Said permits typically require City Council approval, with exceptions described in the Existing Regulations section of this report above. To provide a more streamlined approval process, portable signs are proposed for inclusion on the list of long-term commercial use encroachments exempt from City Council approval and approved instead by the Community Development Director.
2. Private Property
Update permitted sign types and establish design guidelines (MBLCP Section A.72.050/MBMC Section 10.72.050)
Based on input from residents and the business community, new provisions are proposed to allow portable signs, defined as any unattached sign that can be readily moved or relocated. Proposed regulations include maximum height, sign area, material durability, limitations on the number and type of signs, and applicability of other federal, state, and local standards. Illuminated portable signs or those that do not have sufficient clearance (i.e., 48 inches) for an accessible path of travel would be prohibited, and each business would be allowed either a pedestrian sign or portable sign, regardless of whether it is located on public or private property. This is to prevent the proliferation of signs that may cause visual clutter.
During outreach efforts, the business community expressed concerns that some do not have sufficient space adjacent to their businesses in the public right-of-way or on private property for portable signs and suggested making it easier to utilize the building façade, windows, or walls for additional opportunities to promote their business in the same manner as portable signs would allow. Because the City Council’s direction was to consider potential code amendments focused on portable signs, no other provisions in the sign code were amended in the draft ordinance. Should the Planning Commission desire to further amend additional provisions in the sign code, staff would report back with proposed code language for the Commission’s recommendation to the City Council.
3. Limited to Commercial Properties in the Coastal Zone
Per the City Council’s direction, the proposed amendments would only be applicable in the Coastal Zone, which encompasses the CD and CNE zones, and CL-zoned properties located at the intersection of Marine and Highland Avenues. This is specified in the aforementioned sections and is applicable to both public and private property. The City must receive the California Coastal Commission’s certification on the proposed MBLCP amendments that regulate the Coastal Zone prior to the amendments becoming effective.
4. Application Process
Portable signs proposed on either public or private property would require a sign permit. Additionally, portable signs proposed on public property would require an encroachment permit, a recorded encroachment agreement, and liability insurance for the life of the encroachment. As proposed, the application would be processed ministerially at the staff level and is not expected to necessitate a lengthy review. Therefore, rather than applying the current sign permit application fee of approximately $1,000, staff recommends the City establish a new fee with the adoption of the ordinance that mimics the temporary sign permit application fee of $170 and develop a new fee for temporary encroachments applicable to portable signs. (Currently, the City’s fee schedule for temporary encroachment permits is limited to sidewalk dining at $601, and non-residential encroachments reviewed before the City Council cost $4,138).
B. Benches
As part of City staff's research, it was determined that placing benches in the public right-of-way in a vast majority of locations within the Coastal Zone is not feasible under existing state and federal regulations without significant modifications to the public rights-of-way. Specifically, the California Building Code (CBC) and ADA address accessible path of travel requirements that make placement of benches in the public right-of-way impossible in many due to topography (area around benches cannot have a slope exceeding 5% or a cross slope exceeding 2%), clear space (typically four feet around the bench), and bench design requirements (benches must be at least two feet deep and have a back). Based on these criteria, all of Manhattan Beach Boulevard and Rosecrans Avenue are disqualified because of their significant slopes. In addition, the sidewalk widths in North Manhattan Beach are 7-8 feet, which is insufficient to accommodate benches.
In areas where topography, clear space, and bench design requirements do not automatically preclude the placement of benches in the public right-of-way, other temporary and permanent obstructions may exist. These could include, but are not limited to, planters and trees, parking meters or kiosks, bicycle racks, trash/recycling receptacles, and other private uses of the public right-of-way (e.g., outdoor dining, portable signs, etc.). Along Manhattan Avenue and Highland Avenue, where the sidewalk is 8-10 feet, benches (that themselves must meet minimum ADA clearance requirements) and the minimum 4-foot ADA-required path of travel amount to at least 8-10 feet of space required. Benches are only feasible in these locations where no other obstructions exist. Additionally, benches would have to be permanently affixed to the surface on which they are placed, which may create an obstacle for future maintenance of the area around the bench.
Based on the issues identified above, no amendments have been proposed to allow benches in the public right-of-way by adjacent commercial businesses. However, the City may consider including them as part of future Capital Improvement Program projects as an alternative. Under this approach, the City can identify appropriate locations for permanent benches that meet the CBC and ADA requirements and comply with all other criteria described above. Potential candidates for such locations may consider intersections with wider sidewalks on relatively flat terrain, which can provide more opportunities for public amenities.
Existing provisions in MBLCP Section A.60.080 and MBMC Section 10.60.080 (Outdoor Facilities) that allow benches on private property will remain in place and will continue to require compliance with CBC and ADA provisions as a standard practice (verified during review of applications).
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed study session for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the study session is not subject to CEQA. Thus, no environmental review is necessary.
PUBLIC OUTREACH:
A courtesy notice for this meeting was emailed to all interested parties and published in The Beach Reporter on June 11, 2026. As previously noted, staff met with the DBPA, Chamber of Commerce, and the North Manhattan Beach BID, and conducted a community survey in March 2026, prior to drafting the proposed ordinance. Should amendments to the MBLCP and MBMC ultimately be considered by the Planning Commission, Parking and Public Improvements Commission, and City Council, public notification in accordance with State law and Municipal Code requirements will be conducted. As of this writing, no public comments have been received.
CONCLUSION:
Staff is requesting that the Planning Commission discuss and provide direction on the proposed amendments, and direct staff to either schedule a public hearing for formal consideration of the amendments or report back to the City Council that amendments are not recommended.
ATTACHMENT/ATTACHMENTS:
1. Redlined Draft Ordinance
2. Existing Regulations
3. Community Survey Results
4. City Council Meeting Staff Report and Minutes (February 3, 2026)