TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Masa Alkire, Community Development Director
Adam Finestone, Planning Manager
Jaehee Yoon, Senior Planner
Johnathon Masi, Associate Planner
SUBJECT:Title
Discussion Regarding Potential Code Amendments to Allow the Use of Outdoor Portable Signs and Benches in the Public Right-of-Way to Promote Business Engagement in the Downtown Area (No Budget Impact) (Community Development Alkire).
(Estimated Time: 30 Mins.)
DISCUSS AND PROVIDE DIRECTION
Body
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RECOMMENDATION:
Staff recommends that the City Council discuss and provide direction on potential amendments to the Manhattan Beach Municipal Code (MBMC) and Manhattan Beach Local Coastal Program (MBLCP) related to outdoor portable signs and benches in the public right-of-way in Downtown Manhattan Beach.
FISCAL IMPLICATIONS:
The fiscal implications associated with this item are limited to expenditure of staff time in preparing the staff report and drafting the ordinance, which would require coordinating with other City Departments and community stakeholders to incorporate their input.
BACKGROUND:
The MBMC and MBLCP currently prohibit portable signs on public and private property. The MBMC contains regulations on benches in the public right-of-way which primarily pertain to allowing benches at transit stops and have not been updated in 50 years. The MBLCP does not contain any specific regulations regarding the location of benches in the public right-of-way.
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 proactive enforcement efforts to ensure clear and accessible paths of travel on City sidewalks in the Downtown and North Manhattan Beach areas. Notices of Violation (NOVs) were issued starting in November 2025 to businesses that had not come into compliance with code requirements, however no monetary citations have been issued to date.
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 to promote business engagement in the Downtown area. While other unpermitted items have been placed in the public right-of-way (merchandise, dog bowls, flowerpots/planter boxes, umbrellas, etc.), the scope of potential amendments discussed in this report are generally limited to portable signs and benches based on the specific direction that was provided in the City Council’s request.
DISCUSSION:
Governing Regulations
Commercial properties in the Downtown area have a zoning designation of CD (Downtown Commercial) and are within the City’s Coastal Zone. Properties in the Coastal Zone are governed by the MBLCP, a comprehensive policy document prepared in accordance with the Coastal Act which includes land use regulations that largely mimic the land use regulations contained in the MBMC. A summary of applicable provisions in the MBLCP and/or MBMC that relate to portable signs and benches in the public right-of-way are identified below, and the full text of the chapters and sections of the codes are included as attachments to this report. (Note that recent amendments to the MBMC related to the long-term outdoor dining program have not yet been incorporated into the versions of the attached chapters and sections. The comparable chapters and sections of the MBLCP have not yet been considered by the California Coastal Commission, therefore the attached chapters and sections are the currently applicable regulations.)
MBMC Chapter 7.24 (Benches Along Public Ways)
The MBMC provides standards and procedures for the placement of benches in the public right-of-way. Said standards include a maximum distance from intersections and a minimum unobstructed sidewalk width. The provisions of this chapter are mostly applicable to benches at bus stops and have not been updated since 1976. Similar provisions are not included in the MBLCP and may be inconsistent with provisions included in MBMC and MBLCP Chapter 7.36 (Private Use of the Public Right of Way), last updated in 2003.
MBLCP and MBMC Sections 7.36.170 (Long-Term Commercial Use Encroachment Permits)
Encroachments in the public right-of-way for commercial uses require City Council approval with a few exceptions. These exceptions include sidewalk dining (subject to issuance of a sidewalk dining permit), certain building projections, and roof access or other elements required by applicable codes, but do not include portable signs and benches.
MBLCP Section A.72.070 and MBMC Section 10.72.070 (Prohibited Signs)
The MBLCP and MBMC contain lists of types of signs that are prohibited in the City. These include, without limitation, off-site or off-premises signs, including signs on public property, and portable signs. The portable/a-frame sign prohibition is generally applicable, whether the sign is located on private or public property.
MBLCP Section A.60.080 and MBMC Section 10.60.080 (Outdoor Facilities)
Outdoor facilities permits are available to provide opportunities for outdoor dining and outdoor display of merchandise on commercially zoned private property throughout the City. Performance standards are included to address potentially adverse impacts on surrounding properties. The MBMC and MBLCP do call out “chairs and benches for customer waiting” as permitted outdoor facilities (subject to issuance of an outdoor facilities permit.) However, permits do not permit activities (including placement of benches) in the public right-of-way.
Enforcement Activity
Over the past several years, the City has added two new code enforcement officers, increasing the City’s budgeted staffing level from three full-time officers to five full-time officers. This has allowed the City to engage in more proactive code enforcement efforts, including the current effort to address objects placed in the public right-of-way without permits. While objects have been found in the public right-of-way for some time, they proliferated during the COVID-19 pandemic, during which time the City allowed expanded outdoor business activities. The allowance for said activities, including placement by business owners of private property in the public right-of-way, ended with the termination of the City’s COVID relief measures in February 2023.
As part of the City’s proactive enforcement actions, in July 2025, the City’s Code Enforcement Division engaged with the Downtown Business and Professional Association (DBPA) and Chamber of Commerce to discuss growing concern over unpermitted encroachments in the public right-of-way. In August 2025, Code Enforcement staff also hand-delivered an informational letter to all businesses in Downtown and North Manhattan Beach informing them of applicable regulations and providing a due date for compliance. Subsequently, Code Enforcement staff met with the DBPA at its regular meeting on September 11, 2025, to further engage with the business community and receive input on their concerns. As noted above, NOVs were issued to noncompliant businesses beginning in November 2025.
Due to the scope and scale of enforcement activities impacting numerous establishments, many business owners have voiced concerns and requested the City Council consider potential code amendments to allow them to maintain their public right-of-way encroachments. Specifically, the business community has noted that removing items from the right-of-way have negatively affected their businesses as it hindered their ability to advertise or promote their business. They have also provided input on how allowing such encroachments benefit their businesses and the community. Notably, business owners found that benches create a welcoming atmosphere and resting area for the public to relax and enjoy the coastal views. Benches also provide a space for queueing customers, and in some instances, an additional layer of safety and security as they can reduce the likelihood of vehicles crashing, intentionally or unintentionally, into storefronts. In addition, numerous business owners have emphasized the importance of customizable portable signs that can be tailored to their needs in terms of design and materials, as they are an essential marketing tool in attracting foot traffic and promoting their businesses.
The aforementioned NOVs provided a 10-day compliance period, however no citations have been issued at this time to allow the City Council to fully discuss the issue before moving forward with City enforcement. Future enforcement activity may resume based on the outcome of this discussion.
Policy Framework
Should the City Council provide direction to staff to prepare code amendments, policy priorities should be identified to address community priorities. Specifically, any proposed amendments should consider the following items: sidewalk widths clear of obstructions, required clearances (ADA), relationship to other items on sidewalks, City control over physical appearance of the public right-of-way, and special considerations for unique locations.
Potential Code Amendments
To allow for the regulation and placement of outdoor portable signs for downtown commercial establishments and to allow for benches in the public right-of-way adjacent to downtown commercial establishments, amendments to several sections of the MBLCP and MBMC would be necessary. If the City Council desires to proceed with initiating code amendments, staff will work in collaboration with the business community to incorporate their input. The goal of any amendment would be to address concerns of the business community while respecting the public’s right to use the public right-of-way. An overview of potential amendments is provided below, and care would be taken to ensure that any revisions do not conflict with the recently adopted outdoor dining-related code amendments.
1. MBMC Chapter 7.24 (Benches Along Public Ways)
Chapter 7.24 would likely need to be repealed in its entirety because its provisions are obsolete and inapplicable to the current development landscape. New provisions for commercial benches could be incorporated into MBLCP/MBMC Chapter 7.36 (Private Use of the Public Right of Way).
2. MBLCP and MBMC Sections 7.36.150 (Encroachment Standards)
This section contains general standards related to encroachments including design considerations, required findings, and permit requirements. Many of the standards could also be applied to portable signs and benches. New provisions could be established here which would address specific considerations for portable signs and benches. Standards could address location, size, proximity, and other factors necessary to address public safety and welfare. Any bench provisions would be separate from those applicable to permanent features placed and maintained by the City in the public right-of-way.
3. MBLCP and MBMC Sections 7.36.170 (Long-Term Commercial Use Encroachment Permits)
As noted above, aside from certain exemptions identified therein, this code section requires City Council approval for placement of objects in the right-of-way intended for long-term commercial use. The City could consider whether placement of portable signs and/or benches in the right-of-way should be included in the list of exemptions to allow for a streamlined review process without City Council approval. If direction is provided to do so, requests for portable signs and benches would still require a permit which could be reviewed and approved by the Community Development Director.
4. MBLCP Chapter A.72 and MBMC Chapter 10.72 (Sign Code)
As previously noted, portable signs are currently prohibited throughout the City on both private and public property. If the City Council desires to allow portable signs, either in the public right-of-way or on private property, or both, new design criteria (e.g., size, height, maximum number of signs, etc.) would need to be established in MBLCP Section A.72.050 and MBMC Section 10.72.050 (Permitted signs), and portable signs would have to be removed from the list of prohibited signs contained in MBLCP Section A.72.070 and MBMC Section 10.72.070 (Prohibited Signs).
5. MBLCP Section A.60.080 and MBMC Section 10.60.080 (Outdoor Facilities)
As this section already allows for certain outdoor amenities and displays on private property, including benches, amendments may focus on specifying items that could be placed outdoors and the associated performance standards. Additionally, existing regulations in this section could be referenced to inform new standards for public right-of-way regulations.
Additional Considerations
While initial direction from the City Council at the October 7, 2025, meeting was limited to discussing portable signs and benches in the Downtown area, City staff has received input from the business community requesting Council consideration related to other objects in the public right-of-way as well, including, but not limited to, flowerpots, dog bowls, and merchandise. Additionally, because NOVs were also sent to business owners in North Manhattan Beach, City staff has received input from business owners in that area requesting similar consideration as that requested for Downtown. Should the Council wish for staff to prepare code amendments that would affect properties in North Manhattan Beach or establish provisions related to objects other than portable signs and benches, the Council may direct staff to expand the scope of potential code amendments.
In addition, as objects have been moving onto private property following the City’s code enforcement actions, further direction on regulating private property versus the public right-of-way may be considered by the City Council. Specifically, greater allowance and flexibility on private property may create an equity issue for those who do not have ample open space available on their premises. Lastly, while the original consideration of this item was limited to Downtown, the City Council may direct staff to include other zoning districts such as the North End Commercial District or all commercial districts citywide.
California Coastal Commission Considerations
If the City Council provides direction for staff to prepare draft amendments to the MBLCP and MBMC, MBLCP amendments would need to be submitted to the California Coastal Commission for certification prior to their taking effect in the Coastal Zone. The updated provisions in the MBMC would be implemented outside of the Coastal Zone 30 days after adoption of the ordinance, whereas the Coastal Zone would continue to be subject to the existing MBLCP provisions until the proposed amendments receive Coastal Commission certification. City staff would utilize existing communication channels with Coastal Commission staff to address potential concerns while drafting potential code language. The Coastal Commission certification process can take several months to process so timing of applicability of any new provisions within the Coastal Zone is unknown at this time.
CONCLUSION:
The primary question for Council’s consideration is whether the City should move forward with MBMC and MBLCP modifications that allow for the use of portable signs on public and private property and would allow for commercial businesses to place benches in the public right of way.
If the City Council directs staff to move forward with the preparation of these code amendments, staff requests City Council specific direction on the following matters:
1. Types of encroachments to be regulated (portable signs and benches only or expand the scope to allow other objects)
2. The applicability of the proposed ordinance beyond the CD zoning district and include the North End Commercial (CNE) zoning district
3. Consider whether portable signs restrictions should be modified to permit portable signs on private property only or should be allowed on both private property and the public right-of-way
4. To what extent code enforcement actions on unpermitted encroachments should be pursued while the potential code amendments are being drafted.
PUBLIC OUTREACH:
All interested parties, including the DBPA, the North Manhattan Beach Business and Professional Association, and the Manhattan Beach Chamber of Commerce, have been notified of the scheduled discussion before the City Council. In addition, staff met with DBPA members on a walking tour of Downtown on January 14, 2026, to better understand the existing conditions and gain insights from some of the business owners who shared their perspectives. While no formal notice was issued, Attachment 9 is a compilation of comments received from the public after the business community was contacted by the City’s Code Enforcement Division related to unpermitted portable signs, benches and other encroachments.
ENVIRONMENTAL REVIEW:
The City reviewed the proposed discussion for compliance with the California Environmental Quality Act (CEQA) and determined that the discussion and direction from Council 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 discussion is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. MBLCP/MBMC Section 7.36.150
2. MBLCP/MBMC Section 7.36.170
3. MBLCP Section A.60.080/MBMC Section10.60.080
4. MBLCP Section A.72.050/MBMC Section 10.72.050
5. MBLCP Section A.72.070/MBMC Section 10.72.070
6. MBMC Chapter 7.24
7. Code Enforcement Letter dated August 26, 2025
8. Example Notice of Violation issued November 2025
9. Public Comments
10. PowerPoint Presentation