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
Discussion of Dune Section Public Parking Pad Policy (continued from the December 4, 2025 PPIC meeting)
Discuss and Provide Direction
Body
_________________________________________________________
RECOMMENDATION:
Staff recommends that the Commission continue discussing the current public and private use of parking pads within the public right-of-way (ROW) in the Dune Section, hear public testimony, and provide direction to staff to modify or establish new regulations related to the identification and enforcement of public and private parking spaces within the public ROW.
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 for beach access in compliance with the Local Coastal Program (LCP) on streets within the Coastal Zone (generally west of Valley Drive). Also, property owners can voluntarily construct a parking pad in the public ROW in front of their property as part of other landscaping improvements.
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.
DISCUSSION:
Parking Pad History
Prior to 1972, private improvements were often built in the public ROW without permits or city oversight. Residents likely constructed parking pads to address substandard off-street parking on older unimproved properties. These ad-hoc practices and the continued use as a private parking space has led to confusion by the public as to whether a parking pad, patio or walkway was meant for public or private use. Similarly, the edge of the public ROW is not easily identified, so it is generally not clear if the parking area is on public or private property, or both, which leads to incorrect assumptions by both homeowners and the public.
In the period between 1972 and 2003, City staff would review proposed private improvements on a case-by-case basis and approve an encroachment permit based on certain findings and subject to the recordation of a covenant. As noted above, the construction of a parking pad is considered a street improvement and does not require an encroachment permit or agreement. However, a public works excavation permit is required to construct any improvement within the public ROW requires an excavation permit, whether or not it is ultimately for public or private use.
Prior to 2003, Chapter 7.36 of the MBMC, as well as the Encroachment Permit Standards, did not mention parking pads. In 2002, the City Council made a clear distinction between public uses of the right-of-way and private uses that require an encroachment permit. During its discussions, the City Council identified parking pads as a public street improvement, and not a private encroachment. While the City Council ultimately decided not to require new parking pads in the Dune Section, they are required in the Tree Section in conjunction with new development pursuant to MBMC Section 9.72.015. The Code allows adjacent property owners to construct public parking pads with decorative pavement treatments in accordance with City design guidelines.
Section 7.36.150 states that “Sidewalk, curbs, parking pads, paving and other street improvements may be required by the Public Works Department” in conjunction with a private encroachment on vehicular streets. This provision is further explained in the May 23, 2002 PPIC staff report that states “Staff has included a provision that clarifies that parking pads are among the street frontage improvements that may be required as a condition of the Encroachment Permit.
On September 3, 2002, the City Council gave direction to staff and the PPIC that “Parking pads are encouraged within the right of way; Public Works will develop a list of approved pavement treatments.” In addition, the City Council staff report on October 15, 2002 explains that private encroachments on vehicular streets are allowed if they are located “behind street front improvements such as parking pads, sidewalks and curbs if required by the Director of Public Works. These statements are reasonably interpreted to mean that any parking pad required by the Public Works Department is a public street improvement and must be open for public use. Parking pads are generally constructed as a street improvement without an encroachment permit, although some parking pads have been approved in conjunction with other private improvements within the public ROW.
Recent Actions
The most recent round of outreach, education and enforcement was initiated in June 2024 following incidents that occurred related to the privatization of public parking pads. The incidents included altercations between neighbors, use of signage to designate public parking spaces as private, and complaints made to the City about the parking situation. There is also uncertainty in clearly identifying (and enforcing) which parking pads are public and which paved areas are not public parking pads. These circumstances impact multiple City programs including parking enforcement, code enforcement, street maintenance, and traffic engineering.
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.
Since public parking spaces within the Coastal Zone are subject to the LCP, the designation of parking pads as public or private is a matter of coastal access policy. Further, the alteration or removal of a parking pad may be subject to a Coastal Development Permit. By applying a consistent policy, both public parking and private property rights can be preserved and protected.
Parking Pad Policy
Staff is seeking direction in the development of specific policies and regulations related to the use of parking pads in the public ROW. Pursuant to the PPIC direction given on December 4, 2025, staff has prepared the following items for discussion:
Definitions - Parking pads are not currently defined in the Municipal Code, but would be needed if regulations are adopted for their use by the public. A variety of parking pads are shown in the attachment. Staff recommends the following definitions and guidance:
Parking Pad - A parking pad is a paved surface (including, but not limited to, concrete, asphalt, pavers and grasscrete) located completely within the public ROW that is accessible by a vehicle from the roadway excluding any driveways or pedestrian access routes.
Pedestrian Access Route - A paved area of at least 4 feet wide within the public ROW between the public sidewalk or roadway and a private gate, walkway or stairs to the adjacent residence. The route alignment shall be determined by the City.
Public Parking Pad - A public parking pad is the portion of a parking pad that does not obstruct vehicle access to a private driveway and does not obstruct a pedestrian access route between the public roadway and the adjacent residence. The minimum dimension of a public parking pad is 8-1/2 feet by 18 feet, excluding any driveways or pedestrian access routes. A public parking pad shall be a public parking space.
Private Driveway - A paved surface used for vehicle access to a private parking space located fully on private property. A private driveway may be used for parking by the resident of the adjacent private property only.
Guidance -
The following guidance should be used in determining if a paved area is considered a parking pad:
1. A paved area that is surrounded on all sides by curbs, walls or landscaping is not a parking pad.
2. Any vehicle parked partially or wholly on private property shall be considered parked on private property whether or not it is partially parked on a public parking pad.
3. A parking pad may be aligned either parallel, diagonal or perpendicular to the street centerline.
4. A vehicle parked in a parking pad may be parked in any direction that fits within the paved area.
5. A vehicle parked partially on the street pavement and partially on a paved area shall be considered parked on the street, and shall be enforced accordingly.
6. Residents may park on or block their own driveway or walkway within the public ROW with their own vehicle.
7. No vehicles shall be allowed to park on landscaped surfaces pursuant to MBMC 14.26.030.
The following guidance should be used in determining whether a parking pad is classified as a public parking space:
1. Public parking pads shall not be used for any purpose other than parking.
2. A vehicle parked partially or wholly within a public parking pad shall be considered parked in a public parking space and enforced accordingly.
3. A public parking pad may be aligned either parallel, diagonal or perpendicular to the street centerline as long as the parking pad dimensions are not part of the private property.
4. A public parking pad cannot be accessed by driving across a private driveway only.
5. Public parking pad dimensions shall be located at least one foot away from a private wall or building in conformance with MBMC 10.64.100(b).
6. Parking pads identified on approved plans or required by a discretionary entitlement must remain unobstructed and available for public parking.
8. A vehicle parked partially on the street pavement and partially on a public parking pad within the public ROW adjacent to the street pavement shall be considered parked on the street and shall be enforced accordingly.
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. This also gives residents the option to post their own private parking sign on private parking pads or driveways if they choose.
The types of signs and markings that could be used to identify public parking pads include one or more of the following:
a. Standard parking regulation sign on a steel post at the pavement edge,
b. Standard “PUBLIC PARKING” sign posted at the head of the parking pad,
c. White pavement stencil at the leading edge of the parking pad,
d. White parking lines around the edges of the parking pad,
e. Vertical stake with “PUBLIC PARKING” located next to the parking pad.
The PPIC should give staff direction on the type and location of public parking pad identification to be used.
Pre-Regulatory Parking Pads - Given the inconsistent history of parking pad regulations, a “grandfather” clause could be considered, which would allow parking pads constructed before a certain date to be designated as private. Staff recommends that parking pads in existence prior to 1972 (pre-municipal Code) and not constructed by the City be considered private parking pads upon request by the adjacent property owner. The private parking pad would be established pursuant to a Private Encroachment Permit and Agreement. Other grandfather dates that could be considered include 1976 (pre-Coastal Zone), 1999 (pre-encroachment standards), or 2003 (pre-Dune Section parking pad exemption to parking pad requirements). In addition, an adjacent property owner could apply for an encroachment permit to convert a public parking pad to a private space. If the permit application is denied by the Director, the property owner can appeal the decision to the City Council at a public hearing where the owner can state their reasons why it should be made private, such as for privacy concerns or potential damage to private property.
Enforcement - The following guidance should be followed in the enforcement of parking pads:
1. Vehicles parked on public parking pads should not be subject to street sweeping restrictions.
2. Vehicles parked on public parking pads should be subject to applicable street parking prohibitions and time limits such as the maximum parking limit of 72-hours and oversize vehicle parking prohibitions.
3. Private parking pads will not be enforced unless a legal private parking sign is posted in compliance with CVC Section 7.36.120.
4. Any objects or obstructions that block access to a public parking pad will be considered an illegal private encroachment and shall be immediately removed.
5. Illegal signs and marking shall be considered a violation of MBMC Chapter 14.12 and enforced as a misdemeanor.
6. The City has the authority to modify or remove a public parking pad at any time pursuant to MBMC Sections 7.36.105 and 7.36.110.
RECOMMENDATION:
Staff is requesting direction from the PPIC on the development of new regulations related to the identification, use and enforcement of public and private parking spaces within the public ROW in the Dune Section. The Commission’s recommendations will then be forwarded to the City Council to consider potential amendments to Chapter 7.36 of the Municipal Code.
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 activity (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 activity is not subject to CEQA. Thus, no environmental review is necessary at this time. If specific code amendments are suggested, those amendments, if not exempt, will be reviewed as may be required by CEQA.
ATTACHMENTS:
A. City Municipal Code Chapter 7.36
B. Parking Pad Examples Sketch (Revised 2/2026)
C. Construction and Landscaping on Public Property Design Guidelines
D. Sample Parking Pad Photos