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10.52.050 Accessory structures.
A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction.
B. Location. Except as provided in this chapter, accessory structures shall not occupy a required front, side, or building separation yard. Mechanical equipment and storage buildings shall be prohibited beyond the front building line of the principal structure on a site. No accessory uses shall be permitted off-site; this shall not prohibit development allowed in subsection F of this section.
Exceptions.
1. Ornamental accessory structures may be located in the front yard of a site if they do not exceed forty - two inches (42″) in height.
2. One (1) flagpole may be located in the front yard of a site if it does not exceed fifteen feet (15′) in height.
3. One (1) decorative lamp post may be located in the front yard of a site if it does not exceed eight feet (8′) in height.
4. Architectural screen walls may be located in the front yard of a site pursuant to Section 10.12.030(P).
5. One (1) basketball hoop/post may be located in the front yard of a site if it does not exceed thirteen feet (13′) in height.
6. Stormwater runoff and greywater retention/detention features may be located in required side, rear, or building separation yards as follows:
a. Retention/detention features installed entirely below local grade. b. Above grade retention/detention features may project a maximum of twelve inches (12″) into required side, rear, or building separation yards provided a five-foot (5′) clearance from the property line is maintained.
c. Other retention/detention feature locations may be approved at the discretion of the Community Development Director.
Exception. Stormwater and greywater retention/detention equipment may be located within five feet (5′) of a property line provided it complies with the locational criteria of Section 10.52.040(D), stated above, and is located within a structure having a solid roof, s olid walls, and, with no openings within five feet (5′) of said property lines.
C. Maximum Height. The maximum height of an accessory structure shall be twelve feet (12′), subject to the provisions of this subsection. Additional height shall be permitted, as provided in Section 10.60.060; Exceptions to height limits. For the purpose of this Section, height shall be determined by a weighted averaging of the local grades taken around the perimeter of the accessory structure.
Exceptions.
1. The maximum height of any portion of an accessory structure which has a minimum three (3) in twelve (12) roof slope, and has a single roof ridge-line located at approximately the center of the structure, may be fifteen feet (15′).
2. The maximum height of any portion of an accessory structure containing a Guest House or accessory living quarters, as defined in this title, constructed directly above a garage, may be twenty- two feet ATTACHMENT 1
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(22′), when that portion is not located within a required yard, or when it takes vehicle access from a rear alley and is located at least three feet (3′) from all property lines.
D. Relation to Property Lines. An accessory structure, any portion of which is located within a required rear yard, shall be located on a rear or interior side property line, or shall be not less than three feet (3′) from said property line(s) (See Section 10.64.110; Aisle Dimensions, for exceptions applicable to detached alley - accessed garages). Building projections within the required setback area as prescribed in this section are permitted in accordance with Section 10.60.040; Building projections into r equired yards or open space.
Exception: Where a fence, wall, or retaining wall is located on an interior side or rear property line, the setback for an accessory structure to the property line may be between zero and three feet (3′), providing there is zero clearance between said fence, wall or retaining wall and accessory structure.
E. RS District. In an RS district, the total gross floor area of accessory structures more than four feet (4′) in height that are not attached to a dwelling shall not exceed nine hundred (900) square feet or twelve percent (12%) of lot area, whichever is more.
F. Residential Zones-Adjacent Separate Lots with Common Ownership. Contiguous residential lots under common ownership may be developed as one (1) site, with only detached accessory structure(s) on one (1) or more of the lots, subject to the following criteria.
1. Development shall be compatible with adjoining properties in the surrounding area (scale, mass, setbacks, height).
2. The development has no significant detrimental impact to surrounding neighbors (privacy, pedestrian and vehicular accessibility, light, air, noise).
3. One (1) of the lots must be developed with a residential dwelling unit as the principal structure.
4. The development is in compliance with current zoning code standards and any policy guidelines. For development standards the lots shall be treated as separate, except that parking shall be provided for the total buildable floor area on all of the common ownership lots combined.
5. The recordation of a covenant shall be required, and shall provide for the removal of the accessory structure(s) or the construction of a dwelling unit on the lot that only has the accessory structure prior to selling the lots as separate lot(s). The covenant shall stay in effect until such time as the lot(s) that does not have a residential dwelling unit on it is developed with a dwelling unit, or the accessory structure(s) are removed. The covenant shall be required prior to the issuance of a building permit for any accessory structure on the lot(s) without the dwelling unit.
6. A development plan for the entire site, all of the contiguous lots under common ownership, shall be submitted.
7. Development on the lot(s) that do not have a residential dwelling unit shall be limited to the following accessory structures, and shall be in compliance with all requirements of this title:
a. Guest House (or accessory living quarters) in compliance with the requirements of Section
10.04.030.
b. Other accessory structures in compliance with subsection E of this section. c. Garages and parking areas, provided the garages or parking is not required for the dwelling unit on the contiguous lot.
d. Other accessory structures that are not included as gross floor area or square footage, including, but not limited to, pools and spas, sports courts, decks, and patios.
G. Swimming Pools and Hot Tubs.
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(
Supp. No. 41)
1. A swimming pool or hot tub and related equipment may occupy a required rear yard or side yard but shall not be within five feet (5′) of a property line.
Exception: A swimming pool or hot tub and related equipment may be located within five feet (5′) of a property line provided it complies with the locational criteria of subsection D, stated above, and is located within a structure having a solid roof, solid walls, and, with no openings within five feet (5′) of said property lines.
2. All pools and hot tubs shall be fenced, as required by Title 9, Chapter 48 of the Municipal Code.
H. Decks. No accessory structure deck or green roof/deck more than thirty inches (30″) in height shall be located in a required yard.
I. In RPD District. The location of accessory structures shall comply with the requirements of the RPD permit.
J. Separation. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings on the same lot shall not be less than ten feet (10′).
K. Accessory Dwelling Units constructed in compliance with Chapter 10.74 are not subject to the provisions of this Section 10.52.050.
(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1842, Amended, 08/15/91; Ord. No. 1860, Amended, 10/29/92; Ord. No. 1891, Amended, 01/06/94; §§ 12, 13, Ord. 2111, eff. March 19, 2008, §
8,
Ord. 2146, eff. August 4, 2011, and §§ 6, 7, Ord. 18-0024, eff. Jan. 18, 2019)
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1400 Highland Avenue
Manhattan Beach, CA 90266City of Manhattan Beach
Legislation Details (With Text)
File #: Version: 125-0030
Status:Type: Gen. Bus. - Staff Report Passed
In control: City Council Regular Meeting
On agenda: Final action:2/4/2025 2/4/2025
Title: Discussion of Existing Rear Yard Setback Regulations for Accessory Structures in Single-Family Residential Zones (No Budget Impact) (Acting Community Development Director Heise). (Estimated Time: 30 Mins.)
DISCUSS AND PROVIDE DIRECTION
Sponsors:
Indexes:
Code sections:
Attachments:
1. Existing Ordinance (MBMC Section 10.52.050), 2. PowerPoint Presentation Action ByDate Action ResultVer.
City Council Regular Meeting2/4/2025 1
TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Ryan Heise, Acting Community Development Director
Adam Finestone AICP, Planning Manager
Jaehee Yoon AICP, Senior Planner
Maricela Guillean, Associate Planner
SUBJECT:..Title
Discussion of Existing Rear Yard Setback Regulations for Accessory Structures in Single-Family Residential Zones (No Budget Impact) (Acting Community Development Director Heise). (Estimated Time: 30 Mins.)
DISCUSS AND PROVIDE DIRECTION
_________________________________________________________ RECOMMENDATION:
Staff recommends that the City Council discuss and provide direction on existing rear yard setback regulations for accessory structures in single-family residential zones.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
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File #: 25-0030, Version: 1
At the June 18, 2024, City Council meeting, the City Council requested a future agenda item to discuss the City’s existing rear yard setback requirements for accessory structures in single-family residential zones. Specifically, provisions allowing for accessory structures in rear yards with no side or rear setbacks was noted. This regulation is codified in Manhattan Beach Municipal Code (MBMC) Section 10.52.050(D) (Relation to Property Lines), as provided in part below:
An accessory structure, any portion of which is located within a required rear yard, shall be located on a rear or interior side property line, or shall be not less than three feet (3′) from said property line(s).
For the purpose of this report, rear yard setbacks for accessory structures in the rear yard of a property shall be assumed to mean both the rear and interior side yard.
Purpose of Setbacks
Setback regulations exist for the benefit of the public health, safety, and welfare. They create consistent and predictable development patterns, provide visual relief from building bulk and mass, allow space between buildings for light and air, and ensure adequate space for access. Additionally, setback requirements must be considered in relation to other development standards, including building separation and open space, to maximize use and functionality of a property. This is especially important in jurisdictions where most lots are constrained in size.
Ordinance History
Based on staff’s research, provisions related accessory structure setbacks have been in place since at least 1958, when the City’s first comprehensive zoning code with an official land use plan was adopted. At the time, Ordinance No. 825 included provisions under “Placement of Buildings and Structures” to allow non-dwelling accessory structures located on the rear third of the lot to have no rear yard setback with the exception of alley-accessed garages (which must be a minimum 15 feet from the alley center line).
In July 1976, Ordinance No. 1464 was adopted that added to the original code language by specifying that the accessory structure be single-story and detached a distance equivalent to the required side yard for one side of the structure. This ensured that rear-yard accessory structures did not span the entire width of a lot.
In December 1990, a new zoning code, known as the Zoning Ordinance Revision Program (ZORP), was adopted as Ordinance No. 1832. As part of the ZORP, provisions for an “Accessory Structure” became its own separate section in the MBMC.
In July 1991, Ordinance No. 1842 was adopted to clarify that the setback requirements will apply if any portion of the accessory structure is within a required rear yard. In addition, it referenced the parking code for information on setbacks for alley-accessed garages rather than including them in the Accessory Structures section.
In December 1993, Ordinance 1891 was adopted to add additional provisions to clarify the setback requirements when a fence, wall, or retaining wall are located on the interior side or rear property line. This amendment essentially clarified that accessory structures which were not on the property line had to be at least three feet from the property line in order to provide access around the structure.
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File #: 25-0030, Version: 1
DISCUSSION:
Existing Development Patterns
As the existing provisions have been in place for at least 67 years, accessory structures on side and/or interior rear property lines in rear yards are commonly found throughout the City. In addition, the 15-foot setback requirement from the alley centerline for alley-accessed detached garages has also been in place since 1958, effectively prohibiting a zero rear yard setback for such garages.
Rather, rear alley-accessed detached garages are typically set back between five (5’) and seven and a half feet (7 ½’) from the rear property line, as most alleys in the City range from 15 to 20 feet in width.
From an Area District perspective, Area Districts 1 and 2 have the highest concentration of accessory structures with zero rear yard setbacks. This is primarily due to the larger lot sizes, which can accommodate both an accessory structure and primary residence while complying with the building separation requirement, and the fact that they are predominantly zoned for single-family residential use. Because Area Districts 1 and 2 have very few alleys, most detached accessory structures, whether garages or otherwise, have been built with no rear yard setbacks. This has become less common as properties are redeveloped because new homes tend to occupy a much larger portion of the lot, minimizing the physical ability to place accessory structures on them.
While accessory structures in Area Districts 3 and 4 exhibit some of the same characteristics as those in Area Districts 1 and 2, it is more likely that they would include alley-accessed garages because of the presence of significantly more alleys in those districts. Additionally, because the zero setback requirement for accessory structures is limited to single-family zoned properties, the propensity for such structures is minimized because single-family zoned properties make up a minority of the properties in these districts.
In general, the City processes permits for several dozen accessory structures each year, in which roughly half of them are built with a zero foot rear yard setback. The most-commonly reviewed accessory structures with no rear yard setback are pool cabanas, guest houses, and enclosures for pool equipment.
Implications of Amending Setback Regulations
Accessory structures on a rear property line are quite common in single-family zones throughout the City and their existence is expanding. If the allowance for a zero foot rear yard setback for accessory structures is eliminated, it will impact a significant number of properties because they would become nonconforming structures. Per MBMB Section 10.04.030, a nonconforming structure is defined as “a structure that was lawfully erected but which does not conform with the standards for yard spaces, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this title or by reason of annexation of territory to the City.”
It is worth noting that when a structure becomes nonconforming, it impacts the ability for property owners to alter or expand their homes. MBMC Section 10.68.030 outlines the specific conditions under which a nonconforming structure can be altered or expanded, including with a Minor Exception (pursuant to MBMC Section 10.84.120), which may create limitations on the buildable floor area or require review of the project valuation. It will likely become a burden for many legal nonconforming accessory structures, which will often require some form of alteration or remodel with time.
Furthermore, projects moving forward will have less flexibility to maximize the layout and use of rear yards for private open space.
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File #: 25-0030, Version: 1
CONCLUSION:
Continuing to allow detached accessory structures in single-family zones to be built with zero rear yard setbacks will prevent numerous accessory structures from becoming nonconforming, and will ensure opportunities for ample open space in rear yards is preserved. If the City Council would like to provide guidance on exploring any alternative setback options or processes, staff will conduct additional analyses and report back.
PUBLIC OUTREACH:
An interested party who reached out to the City regarding this issue has been notified of this meeting.
Should staff undergo any work effort to update the provision, public notification in accordance with State and Municipal Code requirements will be conducted.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed discussion 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 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.
ATTACHMENT/ATTACHMENTS:
1. Existing Ordinance (MBMC Section 10.52.050)
2. PowerPoint Presentation
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(Supp. No. 41)
10.52.050 Accessory structures.
A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction.
B. Location. Except as provided in this chapter, accessory structures shall not occupy a required front, side, or building separation yard. Mechanical equipment and storage buildings shall be prohibited beyond the front building line of the principal structure on a site. No accessory uses shall be permitted off-site; this shall not prohibit development allowed in subsection F of this section.
Exceptions.
1. Ornamental accessory structures may be located in the front yard of a site if they do not exceed forty - two inches (42″) in height.
2. One (1) flagpole may be located in the front yard of a site if it does not exceed fifteen feet (15′) in height.
3. One (1) decorative lamp post may be located in the front yard of a site if it does not exceed eight feet (8′) in height.
4. Architectural screen walls may be located in the front yard of a site pursuant to Section 10.12.030(P).
5. One (1) basketball hoop/post may be located in the front yard of a site if it does not exceed thirteen feet (13′) in height.
6. Stormwater runoff and greywater retention/detention features may be located in required side, rear, or building separation yards as follows:
a. Retention/detention features installed entirely below local grade. b. Above grade retention/detention features may project a maximum of twelve inches (12″) into required side, rear, or building separation yards provided a five-foot (5′) clearance from the property line is maintained.
c. Other retention/detention feature locations may be approved at the discretion of the Community Development Director.
Exception. Stormwater and greywater retention/detention equipment may be located within five feet (5′) of a property line provided it complies with the locational criteria of Section 10.52.040(D), stated above, and is located within a structure having a solid roof, s olid walls, and, with no openings within five feet (5′) of said property lines.
C. Maximum Height. The maximum height of an accessory structure shall be twelve feet (12′), subject to the provisions of this subsection. Additional height shall be permitted, as provided in Section 10.60.060; Exceptions to height limits. For the purpose of this Section, height shall be determined by a weighted averaging of the local grades taken around the perimeter of the accessory structure.
Exceptions.
1. The maximum height of any portion of an accessory structure which has a minimum three (3) in twelve (12) roof slope, and has a single roof ridge-line located at approximately the center of the structure, may be fifteen feet (15′).
2. The maximum height of any portion of an accessory structure containing a Guest House or accessory living quarters, as defined in this title, constructed directly above a garage, may be twenty- two feet
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(22′), when that portion is not located within a required yard, or when it takes vehicle access from a rear alley and is located at least three feet (3′) from all property lines.
D. Relation to Property Lines. An accessory structure, any portion of which is located within a required rear yard, shall be located on a rear or interior side property line, or shall be not less than three feet (3′) from said property line(s) (See Section 10.64.110; Aisle Dimensions, for exceptions applicable to detached alley - accessed garages). Building projections within the required setback area as prescribed in this section are permitted in accordance with Section 10.60.040; Building projections into r equired yards or open space.
Exception: Where a fence, wall, or retaining wall is located on an interior side or rear property line, the setback for an accessory structure to the property line may be between zero and three feet (3′), providing there is zero clearance between said fence, wall or retaining wall and accessory structure.
E. RS District. In an RS district, the total gross floor area of accessory structures more than four feet (4′) in height that are not attached to a dwelling shall not exceed nine hundred (900) square feet or twelve percent (12%) of lot area, whichever is more.
F. Residential Zones-Adjacent Separate Lots with Common Ownership. Contiguous residential lots under common ownership may be developed as one (1) site, with only detached accessory structure(s) on one (1) or more of the lots, subject to the following criteria.
1. Development shall be compatible with adjoining properties in the surrounding area (scale, mass, setbacks, height).
2. The development has no significant detrimental impact to surrounding neighbors (privacy, pedestrian and vehicular accessibility, light, air, noise).
3. One (1) of the lots must be developed with a residential dwelling unit as the principal structure.
4. The development is in compliance with current zoning code standards and any policy guidelines. For development standards the lots shall be treated as separate, except that parking shall be provided for the total buildable floor area on all of the common ownership lots combined.
5. The recordation of a covenant shall be required, and shall provide for the removal of the accessory structure(s) or the construction of a dwelling unit on the lot that only has the accessory structure prior to selling the lots as separate lot(s). The covenant shall stay in effect until such time as the lot(s) that does not have a residential dwelling unit on it is developed with a dwelling unit, or the accessory structure(s) are removed. The covenant shall be required prior to the issuance of a building permit for any accessory structure on the lot(s) without the dwelling unit.
6. A development plan for the entire site, all of the contiguous lots under common ownership, shall be submitted.
7. Development on the lot(s) that do not have a residential dwelling unit shall be limited to the following accessory structures, and shall be in compliance with all requirements of this title:
a. Guest House (or accessory living quarters) in compliance with the requirements of Section
10.04.030.
b. Other accessory structures in compliance with subsection E of this section. c. Garages and parking areas, provided the garages or parking is not required for the dwelling unit on the contiguous lot.
d. Other accessory structures that are not included as gross floor area or square footage, including, but not limited to, pools and spas, sports courts, decks, and patios.
G. Swimming Pools and Hot Tubs.
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1. A swimming pool or hot tub and related equipment may occupy a required rear yard or side yard but shall not be within five feet (5′) of a property line.
Exception: A swimming pool or hot tub and related equipment may be located within five feet (5′) of a property line provided it complies with the locational criteria of subsection D, stated above, and is located within a structure having a solid roof, solid walls, and, with no openings within five feet (5′) of said property lines.
2. All pools and hot tubs shall be fenced, as required by Title 9, Chapter 48 of the Municipal Code.
H. Decks. No accessory structure deck or green roof/deck more than thirty inches (30″) in height shall be located in a required yard.
I. In RPD District. The location of accessory structures shall comply with the requirements of the RPD permit.
J. Separation. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings on the same lot shall not be less than ten feet (10′).
K. Accessory Dwelling Units constructed in compliance with Chapter 10.74 are not subject to the provisions of this Section 10.52.050.
(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1842, Amended, 08/15/91; Ord. No. 1860, Amended, 10/29/92; Ord. No. 1891, Amended, 01/06/94; §§ 12, 13, Ord. 2111, eff. March 19, 2008, § 8, Ord. 2146, eff. August 4, 2011, and §§ 6, 7, Ord. 18-0024, eff. Jan. 18, 2019)
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City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
ELECTED OFFICIALS
Mayor Amy Thomas Howorth
Mayor Pro Tem David Lesser
Councilmember Joe Franklin
Councilmember Nina Trieu Tarnay
Councilmember Steve S. Charelian
Meeting Minutes - Final
Tuesday, February 4, 2025
6:00 PM
Regular Meeting
City Council Chambers and Zoom
City Council Regular Meeting
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final
PLEASE NOTE THAT THE CITY ARCHIVES THE VIDEO RECORDINGS OF ALL
REGULAR CITY COUNCIL MEETINGS AND THE VIDEO FOR THIS MEETING IS HEREBY INCORPORATED BY THIS REFERENCE. ALSO IN SUPPORT OF
MORE TRANSPARENCY AND THE AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE, THE CITY OFFERS CLOSED CAPTIONING FOR REGULAR CITY COUNCIL MEETINGS. FOR A COMPLETE RECORD OF THIS CITY COUNCIL MEETING, GO TO:
www.manhattanbeach.gov/departments/city-clerk/city-council-meetings-agendas-and-minutes CALL MEETING TO ORDERA.
Mayor Pro Tem Lesser called the meeting to order.
City Clerk Liza Tamura announced that Mayor Howorth requested to attend the meeting remotely for due cause.
Mayor Howorth stated that she requested to participate in the meeting remotely under AB 2449 for just cause due to illness.
PLEDGE TO THE FLAGB.
Dylan Black of Manhattan Beach Middle School led the Pledge of Allegiance.
ROLL CALLC.
Roll Call led by City Clerk Liza Tamura.
Mayor Howorth, Mayor Pro Tem Lesser, Councilmember Franklin, Councilmember Tarnay and Councilmember Charelian
Present: 5 -
CEREMONIAL CALENDARD.
1. 25-0071Presentation of a Certificate of Recognition to Tom Moffett for His Outstanding Dedication and Commitment in Preserving Pete Moffett’s Legacy of the Annual Skechers Fireworks Show in Manhattan (Continued from the January 21, 2025, City Council Meeting).
PRESENT
On behalf of the City Council, Mayor Pro Tem Lesser presented a Certificate of Recognition to Tom Moffett for his outstanding dedication and commitment in preserving Pete Moffett’s Legacy of the Annual Skechers Fireworks Show in Manhattan Beach.
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final
2. 25-0057Presentation of 2024 Recognition Awards for Longstanding Local Businesses (No Budget Impact) (Interim Finance Director Jones).
PRESENT
Financial Services Manager Libby Bretthauer introduced Revenue Services Supervisor Emy-Rose Hanna who provided a PowerPoint presentation showcasing the following longstanding local businesses:
Celebrating 5 years in business:
1. 1121mbca, LLC
2. Aesthetics On Highland
3. Approach Consulting Group LLC
4. Aviation Liquor
5. Bar Au Chocolat
6. Behind the Wheel Driving School
7. Bespoke by Chase
8. Blue Diamond Jeweler
9. Blue Sky Professional Services Group LLC
10.Blue Sky Real Estate LLC
11.Bright Horizons Children's Centers LLC
12.Capitol Medical Supply
13.Charles Salfity Cfp
14.Chelsea Derossi, MFT, ATR
15.College Kupp
16.Dentistry On The Blvd
17.Doll Amir & Eley LLP
18.Dr. Sarah C. Wohn Psychotherapy
19.Finetouch Dermatology Inc.
20.FXNL Form
21.Go Gently Nation
22.Gregory A. Fallon
23.Healthee Life
24.Higland MB Wealth LLC
25.Keystone Mortgage Corporation
26.Lenscrafters at Macy's
27.Leslie Irvine, PC
28.Lorena Pulichino Design
29.Lovell Minnick Partners
30.Manhattan Beach Dental Center
31.Mary Kelley's 23rd St
32.Mercado Manhattan Beach LLC
33.Over the Moon Wellness
34.Pacific Coast Gallery
35.Rackstarz
36.Rock It Body LLC
37.Rozenberg Management Inc.
38.Russell Law, PC
39.Sara Haynes Marriage & Family Therapy Inc.
40.Slay Mb, LLC
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final
41.Slay Steak & Fish House
42.Southbay Lymphatic Therapy
43.Star Dashchund LLC
44.Sugarfish By Sushi Nozawa
45.The Gary Hugh Green Law Firm
46.Two Guns Espresso
47.Unita LLC
48.Urban Plates LLC
49.Valvoline Instant Oil Change
50.Vivo Usa LLC
51.Vuori Clothing
52.Wells Fargo Bank NA
53.Yanagi Kitchen
Celebrating 10 years in business:
1. Body Connection Physical Therapy
2. CBT Treatment Center, A Psychological Corp.
3. Club Pilates Manhattan Beach
4. Deloitte
5. Gelato And Angels
6. Independent Book Publishers Association
7. JDavid Law Practice
8. Just Food for Dogs
9. Lulu's Nouvelle
10.Manhattan Actor Studio
11.Marine Layer
12.Next Generation Leaders Inc.
13.Nick's
14.Noelle Interiors
15.P1 Technologies
16.Palm Realty Boutique, Inc.
17.Pottery Barn #6076
18.Premier Business Centers
19.Puttin' On Productions
20.Sand-Sea Property Management, Inc.
21.Waves Barber Shop & Boutique
22.Wells Fargo Advisors
Celebrating 15 years in business:
1. 3 Leaf Realty Inc.
2. 90266 Apparel
3. Bath & Body Works #152
4. Beach Cities Orthopedics & Sports Medicine Inc.
5. Beachside Smiles
6. Bella Beach Kids
7. Beverages & More, Inc #111
8. Bridgestone Retail Operations, LLC
9. Burstein Law Firm
10.Cielo A Boutique Salon
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final
11.D'boutique Manhattan Beach
12.Elite Design Builders Inc.
13.Free People
14.JP Morgan Chase Bank, N.A. (2600 Sepulveda)
15.JP Morgan Chase Bank, N.A. (700 S Sepulveda)
16.Kasai Hair Manhattan Beach
17.Moloney Development Inc.
18.Northstar Physical & Occupational Therapy Consulting
19.Simmzy's
20.Summer L. Blake, DDS, MS, A Dental Corp
21.Surf Food Stand
22.Susiecakes Bakery
23.The Hummus Factory
24.Tin Roof Bistro
25.Vision And Sound
26.Windsong Trust
27.Yoga Loft
On behalf of the City Council, Mayor Pro Tem Lesser and Revenue Services Supervisor Hanna, presented Plaques of Recognition to the longstanding businesses in the City of Manhattan Beach that had reached the 20, 25, 30, 40, and 50 year milestones.
Celebrating 20 years in business:
1. Banc of California
2. Bartosik & Telford
3. Bond & Associates
4. Boyd's Limousine Service Inc.
5. Citibank
6. El Gringo Manhattan
7. First Manhattan Mortgage
8. Harris & Associates
9. Jon R. Miller, DDS
10. Journey of Faith School
11. Katwalk
12. Lido Di Manhattan
13. Manhattan Beach Dental Esthetics
14. Ortho Mattress #37
15. Patricia J. Panucci, DMD, MS, APDC
16. Residence Inn Manhattan Beach
17. Riley Arts
18. Sephora USA, Inc.
19. Skechers USA, Inc.
20. Sylvia Gayed Accountancy Corp.
21. The Comic Bug
22. US Bank
Celebrating 25 years in business:
1. Barnes & Noble Booksellers Inc.
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final
2. DeMich Concrete Co.
3. E-Escrows Inc.
4. Il Fornaio
5. Jennifer M Honey, Law Offices
6. Jiffy Lube #2000
7. JWM CPA & Company
8. Le Sorelle Salon
9. Manhattan Auto Center
10. Mud Honey
11. Old Navy #6043
12. Recreational Equipment Inc-REI
13. Ripe Design Inc.
14. Supercuts
15. The Beehive
16. Trader Joe's #106
17. West Coast Orthopedic Surgery Medicine
Celebrating 30 years in business:
1. California Pizza Kitchen
2. California Tanning Salons, Inc.
3. Equity Management Company
4. Johnny Rockets
5. Oceanographic Teaching Station Inc.
6. Studio K Hair Designs
7. The Coffee Bean & Tea Leaf #22
8. Tomaro Architecture Inc.
9. Victoria's Secret #612
10.West Coast Center for Orthopedic Surgery
Celebrating 40 years in business:
1. Barney M. Hom, DDS
2. Chang's Acupuncture Clinic
3. El Sombrero #2
4. Jay Stephenson A.I.A.
5. Magic Rainbow Pre-School
6. Manhattan Meats
7. Michael J. Devine & Assoc, Inc.
8. Oceanside Camera Repair
9. Olympic Cleaners
10.Vivian F. Credidio, PHD
Celebrating 50 years in business:
1. Asian Arts
2. Auto Meister
3. Gary M. Lazarus OD, PHD Inc.
4. Shellback Tavern
5. Westcoast Land Co Inc.
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCESE.
A motion was made by Mayor Howorth, seconded by Councilmember Tarnay, to approve the agenda as amended, to pull Agenda Item Nos. 5 and 8 to be heard under Section I - Items Removed From the Consent Calendar, register a “No” vote under Agenda Item No. 6 for Councilmember Charelian, and waive full reading of ordinances. The motion carried by the following vote:
Aye: Howorth, Lesser, Franklin, Tarnay and Charelian5 - Nay: 0
CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS OF UPCOMING EVENTS (1 MINUTE PER PERSON)
F.
Library Manager Josh Murray invited Adults and Teens to celebrate African American and Black History Month with a talk titled 'African American Folktales' by Dr. Anthony Lee on February 8, 2025, from 2:00 PM to 4:30 PM.
Waste Management Recycling Education Representative Bobby Bell reminded the community of one of the services they offer to commercial businesses, restaurants, multifamily residences, and families of the on-site training for proper diversion of the three waste streams.
Mayor Howorth shared that she attended an event over the weekend organized by the PaliSouth CommUNITY Team, which served as a social gathering for displaced families from Pacific Palisades. She expressed that many of the displaced families are deeply grateful for the Manhattan Beach Unified School District and American Martyrs for welcoming their students and families with open arms, which is something we should all be proud of.
Councilmember Franklin
added that the PaliSouth CommUNITY Team
created a helpful resource guide for relocated families and thanked the group for their efforts and for making these families feel welcome in Manhattan Beach.
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final PUBLIC COMMENTS (3 MINUTES PER PERSON)G.
Mayor Pro Tem Lesser opened the floor to public comments. The following individual(s) spoke:
Anna C.
Olivia F.
Mae O.
Nora M.
Stefan Kampe
Fred Taylor
Karen
Ray Joseph
Seeing no further requests to speak, Mayor Pro Tem Lesser closed the floor to public comments.
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final CONSENT CALENDAR (APPROVE)H.
A member from the community requested that the City Council pull Item No. 9 from the Consent Calendar for staff to provide additional information regarding the cost.
A motion was made by Mayor Howorth, seconded by Councilmember Franklin, to approve the Consent Calendar with Agenda Item Nos. 5 and 8 being removed to be heard under Section I - Items Removed From the Consent Calendar, and to register a “No” vote under Agenda Item No. 6 for Councilmember Charelian.
The motion carried by the following vote:
Aye: 5 - Howorth, Lesser, Franklin, Tarnay and Charelian Nay: 0
Councilmember Charelian requested an explanation of Consent Item No. 9, as it was raised by a community member.
Public Works Director Erick Lee provided a response regarding Item No. 9, which pertains to the amendment for additional costs.
25-0022
25-0079
3. City Council Minutes:
This Item Contains Minutes of the Following City Council Meeting(s):
a) City Council Special Meeting Minutes of January 21, 2025 b) City Council Regular Meeting Minutes of January 21, 2025 (City Clerk Tamura).
APPROVE
4. Declaration of Proclamations for the Following:
a) February 18 - 24, 2025, as National Engineers Week
b) February 2025, as Black History Month.
PROCLAIM
The recommendation for this item was approved on the Consent Calendar.
5. 25-0023Consideration of a Resolution Adopting the 2025 Legislative Platform (No Budget Impact) (City Manager Mirzakhanian).
ADOPT RESOLUTION NO. 25-0013
This item was removed from the Consent Calendar and heard under Section I - Items Removed from the Consent Calendar.
The recommendation for this item was approved on the Consent Calendar.
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final
6. 25-0024Consideration of the Second Reading and Adoption of an Ordinance to Establish a $17 Fee to Support the City’s Regulation of Businesses (No Budget Impact) (Interim Finance Director Jones).
ADOPT ORDINANCE NO. 25-0001
The recommendation for this item was approved on the Consent Calendar with Councilmember Charelian registering a "No" vote.
7. 25-0062
Consideration of Approving a Comprehensive Citywide Salary Schedule for all City Positions and Adjustments to Salary Ranges (No Budget Impact) (Human Resources Director Jenkins).
ADOPT RESOLUTION NO. 25-0014
The recommendation for this item was approved on the Consent Calendar.
8. 25-0059
Approve Amended Size of the Shark Mural and Allocate $18,000 from the Public Art Fund (Partially Budgeted) (Parks and Recreation Director Leyman).
A) APPROVE
B) ALLOCATE ADDITIONAL FUNDS
This item was removed from the Consent Calendar and heard under Section I - Items Removed from the Consent Calendar.
9. 25-0063Consideration of Resolutions Approving Amendment No. 4 to the Professional Services Agreement with Ardurra Group, Inc. for $321,800 and Amendment No. 4 to the Professional Services Agreement with Z&K Consultants, Inc. for $708,384 for Project Management Consulting Services to Support the Delivery of Capital Improvement Projects (Unbudgeted) (Public Works Director Lee).
A) ADOPT RESOLUTION NOS. 25-0017 AND 25-0018
B) AUTHORIZE
The recommendation for this item was approved on the Consent Calendar.
10. 25-0026
Lot 3 Parking Structure Local Emergency Update (Unbudgeted) (Public Works Director Lee).
DETERMINE THAT THERE IS A NEED TO CONTINUE THE
EMERGENCY ACTION
The recommendation for this item was approved on the Consent Calendar.
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final
5. 25-0023Consideration of a Resolution Adopting the 2025 Legislative Platform (No Budget Impact) (City Manager Mirzakhanian).
ADOPT RESOLUTION NO. 25-0013
Mayor Pro Tem Lesser stated that he pulled the item to propose a new addition for the subcommittee and to give the current City Council an opportunity to consider it. The proposal suggested adding a new Section 1D, which states that the city will support legislation to limit the adverse impacts of large multi-tenant residential projects while fulfilling the City’s state housing obligations.
Mayor Pro Tem Lesser opened the floor to public comments.
Seeing no requests to speak, Mayor Pro Tem Lesser closed the floor to public comments.
City Manager Talyn Mirzakhanian responded to City Council questions.
A motion was made by Councilmember Tarnay, seconded by Councilmember Charelian, to adopt Resolution No. 25-0013, a resolution of the Manhattan Beach City Council adopting the City of Manhattan Beach 2025 Legislative Platform as amended with added language to Topic Specific Priority 1. Local Control and Contracting as follows “d. Support legislation to limit the adverse impacts of large multi-tenant residential projects while fulfilling the City’s State Housing obligations. The motion carried by the following vote:
Aye: 5 - Howorth, Lesser, Franklin, Tarnay and Charelian Nay: 0
I. ITEMS REMOVED FROM THE CONSENT CALENDAR
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final
8. 25-0059Approve Amended Size of the Shark Mural and Allocate $18,000 from the Public Art Fund (Partially Budgeted) (Parks and Recreation Director Leyman).
A) APPROVE
B) ALLOCATE ADDITIONAL FUNDS
Mayor Pro Tem Lesser stated that he pulled the item since the proposal is to expand the scale of the art and to provide the public with a clearer understanding of the item.
Parks and Recreation Director Mark Leyman provided background regarding the item.
Cultural Arts Senior Supervisor Eric Brinkman and Parks and Recreation Director Leyman responded to City Council questions.
Mayor Pro Tem Lesser opened the floor to public comments. The following individual spoke:
Ray Joseph
Seeing no further requests to speak, Mayor Pro Tem Lesser closed the floor to public comments.
A motion was made by Councilmember Charelian, seconded by Councilmember Tarnay, to approve the amended size of the Shark Mural, to be installed on the Civic Plaza Parking Lot wall facing 13th Street and allocate $18,000 from the Public Art Fund. The motion carried by the following vote:
Aye: 3 - Howorth, Tarnay and Charelian
Nay: 2 - Lesser and Franklin
PUBLIC HEARINGSJ.
None.
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final GENERAL BUSINESSK.
11. 25-0027Consideration of Polliwog Park Dog Run Proposal (No Budget Impact) (Parks and Recreation Director Leyman).
(Estimated Time: 30 Mins.)
APPROVE
Parks and Recreation Director Mark Leyman provided the PowerPoint presentation.
Parks and Recreation Director Leyman and Public Works Director Erick Lee responded to City Council questions.
Mayor Pro Tem Lesser opened the floor to public comments. The following individual spoke:
Ray Joseph
Seeing no further requests to speak, Mayor Pro Tem Lesser closed the floor to public comments.
Parks and Recreation Director Leyman responded to City Council questions.
A motion was made by Councilmember Franklin, seconded by Councilmember Tarnay, to approve the Polliwog Park Dog Run project, as recommended by the Parks and Recreation Commission. The motion carried by the following vote:
Aye: 5 - Howorth, Lesser, Franklin, Tarnay and Charelian Nay: 0
At 7:37 PM, the City Council recessed and reconvened at 7:48 PM with all City Councilmembers present.
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final
12. 25-0072Consideration of a Request from Waste Management to Adjust Solid Waste Diversion Requirements in the City’s Franchise Agreement for Integrated Solid Waste Management Services (No Budget Impact) (Public Works Director Lee).
(Estimated Time: 30 Mins.)
REVIEW AND PROVIDE DIRECTION
Public Works Director Erick Lee provided the PowerPoint presentation.
Public Works Director Lee, Public Works Senior Management Analyst Anna Luke-Jones, and HF&H Consultant Senior Vice President Laith Ezzet responded to City Council questions.
Mayor Pro Tem Lesser opened the floor to public comments. The following individual(s) spoke:
Stefan Kampe
Sandra Pursley
Ray Joseph
Seeing no further requests to speak, Mayor Pro Tem Lesser closed the floor to public comments.
Public Works Senior Management Analyst Luke-Jones, HF&H Consultant Senior Vice President Ezzet, and Public Works Director Lee responded to City Council questions.
A motion was made by Mayor Pro Tem Lesser, seconded by Councilmember Charelian, to direct staff to analyze and confirm that a 37% diversion rate is achievable by WM, evaluate the potential loss in diversion, and return at a later date with recommendations. The motion carried by the following vote:
Aye: 5 - Howorth, Lesser, Franklin, Tarnay and Charelian Nay: 0
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final
13. 25-0029Consideration of a Resolution Approving Participation in Clean Power Alliance’s Reach Code Program for Building and Transportation Electrification and Grant Funding Opportunity, and Authorizing the City Manager to Execute an Agreement (No Budget Impact) (Acting Community Development Director Ryan Heise).
(Estimated Time: 30 Mins.)..Body
ADOPT RESOLUTION NO. 25-0016
Mayor Pro Tem Lesser stated that a resident had requested his recusal, as he serves as the City Council’s delegate to the Clean Power Alliance. He clarified that he holds this position as the City’s representative and has no financial interest in the organization, nor did he participate in the formation of the program. He continues to participate in this matter because he believes there is no conflict of interest.
Acting Community Development Director Ryan Heise introduced Environmental Programs Administrator Britny Coker-Moen who provided the PowerPoint presentation.
Environmental Programs Administrator Coker-Moen and Acting Community Development Director Heise responded to City Council questions.
Mayor Pro Tem Lesser opened the floor to public comments. The following individual(s) spoke:
Stefan Kampe
Ray Joseph
Rita Crabtree-Kampe
Michael Jenkins
Lee Phillips
Heather Kim
Seeing no further requests to speak, Mayor Pro Tem Lesser closed the floor to public comments.
City Manager Talyn Mirzakhanian and Environmental Programs Administrator Coker-Moen responded to City Council questions.
A motion was made by Mayor Howorth, seconded by Councilmember Tarnay, to adopt Resolution No. 25-0016, a resolution of the Manhattan Beach City Council authorizing the City Manager to execute an agreement between the City of Manhattan Beach and Clean Power Alliance of Southern California to participate in the CPA Reach Code Program. The motion carried by the following vote:
Aye: Howorth, Lesser and Tarnay3 -
Nay: Franklin and Charelian2 -
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final
14. 25-0030Discussion of Existing Rear Yard Setback Regulations for Accessory Structures in Single-Family Residential Zones (No Budget Impact) (Acting Community Development Director Heise).
(Estimated Time: 30 Mins.)
DISCUSS AND PROVIDE DIRECTION
Acting Community Development Director Ryan Heise introduced Associate Planner Maricela Guillean who provided the PowerPoint presentation and responded to City Council questions.
Mayor Pro Tem Lesser opened the floor to public comments. The following individual(s) spoke:
Stefan Kampe
Bob Waldren
Tom Hillus
Seeing no further requests to speak, Mayor Pro Tem Lesser closed the floor to public comments.
Acting Community Development Director Heise and City Manager Talyn Mirzakhanian responded to City Council questions.
A motion was made by Mayor Pro Tem Lesser, seconded by Councilmember Charelian, to direct staff to refer the matter to the Planning Commission for further review of the impacts of the zero-foot rear yard setback requirement, and to gain a better understanding of the options and implications for legal nonconforming structures. The motion carried by the following vote:
Aye: Howorth, Lesser, Franklin, Tarnay and Charelian5 - Nay: 0
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final
15. 25-0032Consideration of the Parking and Public Improvements Commission’s Recommendation to Approve Initial Traffic Calming Measures for Valley Drive and Ardmore Avenue Between 1st Street and 10th Place (Partially Budgeted) (Acting Community Development Director Heise). (Estimated Time: 1 Hr.)
APPROVE
Mayor Howorth stated that she will be recusing herself from the Item No. 15, as she resides within one thousand feet of several of the adjusted measures.
City Attorney Quinn Barrow confirmed that a majority vote is required, and that the meeting will adjourn at 11:00 PM unless a motion is made at 10:30 PM to extend the meeting beyond that time.
A motion was made by Councilmember Charelian, seconded by Councilmember Franklin, to extend the meeting beyond 11:00 PM. The motion carried by the following vote:
Aye: 4 - Lesser, Franklin, Tarnay and Charelian
Nay: 0
Abstain: Howorth1 -
Mayor Howorth stated that she is recusing herself from Item No. 15, as she resides within one thousand feet of several of the adjusted measures.
Acting Community Development Director Ryan Heise introduced Traffic Engineer Erik Zandvliet who provided the staff presentation and responded to City Council questions.
Mayor Pro Tem Lesser opened the floor to public comments. The following individual(s) spoke:
Unknown Speaker
Tom Williams
Seeing no further requests to speak, Mayor Pro Tem Lesser closed the floor to public comments.
A motion was made by Mayor Pro Tem Lesser, seconded by Councilmember Franklin, to approved the Parking and Public Improvements Commission’s recommendation to approve initial traffic calming measures for Valley Drive and Ardmore Avenue between 1st Street and 10th Place. The motion carried by the following vote:
Aye: Lesser, Franklin, Tarnay and Charelian4 -
Nay: 0
Recused: Howorth1 -
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTSL.
16. 25-0076City Council AB 1234 Reports.
RECEIVE AND FILE
Mayor Pro Tem Lesser reported that he attended the League of California Cities Mayor and City Council Academy this past week, where he completed his AB1661 harassment training and participated in an insightful session on social media best practices.
Councilmember Charelian reported that he also attended the League of California Cities Mayor and City Council Academy and completed his AB1661 and AB1234 training.
Councilmember Tarnay reported that she, too, attended the League of California Cities Mayor and City Council Academy this past week and completed her AB1661 and AB1234 training.
17. 25-0080Consideration of a Request by Councilmember Franklin and Mayor Howorth to Place on a Future Agenda a Discussion Regarding Emergency Shelter Solutions in the City (City Manager Mirzakhanian).
DISCUSS AND PROVIDE DIRECTION
Councilmember Charelian provided that he would be the third vote in order to have the item return on a future agenda.
The City Council directed staff to provide a comprehensive report regarding emergency shelter solutions in the City.
18. 25-0081
Consideration of a Request by Mayor Howorth and Mayor Pro Tem Lesser to Place on a Future Agenda a Discussion Regarding the Selection Process for the City’s Board and Commission Seats (City Manager Mirzakhanian).
DISCUSS AND PROVIDE DIRECTION
Councilmember Tarnay provided that she would be the third vote in order to have the item return on a future agenda.
The City Council directed staff to provide a comprehensive report regarding the selection process for the City’s boards and commission seats.
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final FUTURE AGENDA ITEMSM.
Mayor Pro Tem Lesser requested to agendize a discussion on a report to review prosecution services for the City including options for supplementation. Councilmember Tarnay concurred.
City Attorney Quinn Barrow stated that, as previously discussed by the City Council in 2023, a three-step process is not required. Staff can return with the report at a future City Council meeting and clarified that only two votes are needed at this time.
CITY MANAGER REPORTN.
None.
CITY ATTORNEY REPORTO.
None.
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February 4, 2025City Council Regular Meeting Meeting Minutes - Final INFORMATIONAL ITEMSP.
19. 25-0033Agenda Forecast (City Clerk Tamura).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
20. 25-0073Commission Minutes:
This Item Contains Minutes of the following City Commission Meetings:
a) Parking and Public Improvements Commission Meeting Minutes of October 24, 2024 (Acting Community Development Director Heise) b) Parking and Public Improvements Commission Meeting Minutes of December 5, 2024 (Acting Community Development Director Heise).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
21. 25-0061
Recent Planning Commission Quasi-Judicial Decision:
Master Use Permit Amendment to Allow for the Sale and Service of Distilled Spirits in Addition to the Existing Beer and Wine Sales and Service in Conjunction with Food Service at an Existing Eating and Drinking Establishment Located at 1112 Manhattan Avenue (Hook & Plow) (Acting Community Development Director Heise).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
CLOSED SESSIONQ.
None.
ADJOURNMENTR.
At 10:48 PM, Mayor Pro Tem Lesser adjourned the meeting to the February 10, 2025, Adjourned Regular City Council Meeting at 8:00 AM at the Manhattan Beach Los Angeles County Public Library.
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City Council Regular Meeting Meeting Minutes - Final February 4,2025 Contreras
Recording Secretary
Amy Thomas
Mayor
ATTEST:
Liza Tamura
City Clerk
City of Manhaftan Baach Page 20
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