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PC MTG 05/28/2025
Created: 2023‐05‐31 12:01:41 [EST]
(Supp. No. 38)
Chapter 7.36 PRIVATE USE OF THE PUBLIC RIGHT OF WAY
…
7.36.160 Sidewalk dining encroachment permits.
Sidewalk dining immediately adjacent to existing restaurants may be permitted on public sidewalks within vehicular street right of ways, in the CD or CNE districts, with a sidewalk dining encroachment permit issued pursuant to this section. The purpose of the sidewalk dining permit program is to promote restaurant, outdoor dining, and pedestrian oriented activity within the City's business areas, while safeguarding public safety and minimizing impacts to nearby residential properties. Permits may be modified or revoked by the City Council if the applicant repeatedly fails to comply with any of the above requirements, or if the public's priority for use of City right of way causes the previously approved sidewalk dining use to be found to be inappropriate. The Director of Community Development shall have the authority to condition or modify the minimum standard requirements in this section, if necessary to protect public health and welfare.
Each permit issued for sidewalk dining shall comply with the following minimum standards:
A. All permits are subject to temporary modification or suspension at any time based on the public's priority for use of City right of way as determined to be appropriate by the Chief of Police or Director of Public Works.
B. Title 24 of the California Government Code regarding persons with disabi lities requirements for An
unobstructed sidewalk width of at least minimum forty‐eightsixty inches (4860″) must be maintained at all times. Any vertical projections above the sidewalk area must have a minimum height clearance of eighty‐four inches (84″).
C. Applicants and their customers may not place any objects in the right of way other than dining tables and chairs (noi.e., umbrellas, heaters, planters, fencing, or bikes/dogs tied to parking meters, bussing stations, etc.) without a permit). Objects within the vehicular street right of ways that cause a traffic safety issue, as determined by the City Traffic Engineer, or coastal view impairment are prohibited at any time.
D. Exterior lighting equipment that may present a tripping hazard is not permitted.
E. Temporary electrical connections, such as extension cords, are not permitted.
F. Alcoholic beverages may not be served or consumed in the sidewalk dining area with a Use Permit amendment and subject to approval by the California Department of Alcoholic Beverage Control.
G. Dancing is prohibited.
H. Amplified musicsound and live outdoor entertainment areis prohibited, unless a permit is issued pursuant to Chapter 5.48.150 (Amplified sound permits).
I. Dining activities must conclude by 10:00 p.m. Tables and chairs must be removed from the sidewalk by 10:30 p.m. Tables and chairs cannot be stored on the sidewalk at any time outside of the establishments’ business hours.
J. All exits and means of egress from establishments and businesses must be maintained and not obstructed in any manner.
K. Sidewalk dining activities must comply with all City codes, including but not limited to, building, fire, Use Permit and zoning code requirements (parking, occupancy, etc.).
ATTACHMENT A
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Created: 2023‐05‐31 12:01:41 [EST]
(Supp. No. 38)
L. Sidewalk dining area occupancy shall be determined by the availability of an adequately sized trash enclosure on the premises and service levels, subject to review and approval by the Public Works Department, prior to permit issuance. Otherwise, oOnly existing tables used inside the restaurant may be used for sidewalk dining unless additional parking and zoning approval is provided in accordance with the Municipal Code. Changes in occupancy shall not require a Use Permit or a Use Permit amendment.
M. The portion of sidewalks used for dining must be cleaned regularly and consistently kept free of litter by the applicant.
N. The applicant must provide an insurance endorsement and complete a Hold Harmless agreement, to the satisfaction of the City Risk Manager.
O. The applicant must submit an application for a permit and pay an esta blished permit fee as set forth by resolution of the City Council.
P. Permits are issued to business owners rather than property owners and are not considered an entitlement to the adjacent private property. New business owners must apply for a new permit.
Q. Off‐street parking requireme nts in Chapter 10.64 shall apply to the sidewalk dining area. As an alternative, a minimum of 5 bicycle parking spaces on the premises for each vehicle parking space required may meet this requirement.
R. Sidewalk dining permits authorize tables and chairs utilized for dining only. Furniture shall not be used by customers waiting to be seated for dining.
S. In areas with standard‐width sidewalks (9.5 feet), only two‐seat tables shall be used.
T. Placement and quantity of dining tables and chairs shall match the approved plan during operational hours.
U. Permits shall be valid for a period of one (1) year or until March 1st, whichever occurs first.
V. If a business fails to comply with the terms and conditions of an approved sidewalk dining permit, the Community Development Director shall have the authority to revoke the permit upon confirmation by the Director of Community Development or their designee of a third violation within a one‐year period following the first violation, pursuant to the provisions of Section 7.36.110. If revoked, the permittees shall be unable to reapply under this section for a one‐year period from the date the permit is revoked. (§ 1, Ord. 20
39 , eff. February 18, 2003; Ord. No. 20‐0010 , § 8, eff. July 21, 2020)
7.36.170 Long‐term commercial use encroachment permits.
A. Commercial use of the public right‐of‐way requires City Council approval.
Exceptions. The Director of Community Development may approve the following:
a. Sidewalk dining permits applicable to vehicular streets in conformance with Section 7.36.110 160 of this chapter.
b. Building projections such as eaves, awnings, signs or elements that benefit the public and comply with applicable codes.
c. Roof access or other elements for existing buildings that are required by applicable codes, when alternative on‐site locations are not feasible.
Note: Any work performed in the public right‐of‐way re quires a separate permit pursuant to the requirements as set forth in Chapter 7.16 of this Code.
PC MTG 05/28/2025
Created: 2023‐05‐31 12:01:41 [EST]
(Supp. No. 38)
B. Commercial us e of a walk street is prohibited. Existing long‐term uses conducted on a walk street under the authority of an Encroachment Permit approved prior to January 21, 2003 may continue to operate provided the use is not expanded or intensified. Expansion of intensification includes but is not necessarily limited to:
increase of floor area or expansion of hours of operation, or addition of alcohol beverage service. (§ 1, Ord. 2039 , eff. Fe bruary 18, 2003; Ord. No. 20‐0010 , § 9, eff. July 21, 2020)
PC MTG 05/28/2025
Manhattan Beach Local Coastal Program_Implementation Plan CHAPTER 7.36 PRIVATE USE OF THE PUBLIC RIGHT OF WAY
…
7.36.160 Sidewalk Dining Encroachment Permits
Sidewalk dining immediately adjacent to existing restaurants may be permitted on public sidewalks within vehicular street right of ways, in the CD and CNE districts, with a sidewalk dining encroachment permit issued pursuant to this Section. The 16 purpose of the sidewalk dining permit program is to promote restaurant, outdoor dining, and pedestrian oriented activity within the City's business areas, while safeguarding public safety and minimizing impacts to nearby 17 residential properties. Permits may be modified or revoked by the City Council if the applicant repeatedly fails to comply with any of the above requirements, or if the public's priority for use of City 18 right of way causes the previously approved sidewalk dining use to be found to be inappropriate. The Director of Community Development shall have the authority to condition or modify the minimum standard requirements in this section, if necessary to protect public health and welfare.
Each per
mit issued for sidewalk dining shall comply with the following minimum standards:
A. All permits are subject to temporary modification or suspension at any time based on the public's priority for use of City right of way as determined to be appropriate by the Chief of Police or Director of Public Works.
B. Title 24
of the California Government Code regarding persons with disabilities requirements for An unobstructed sidewalk width (of at least minimum 48 60 inches) must be maintained at all times.
C. Applicants and their customers may not place any objects in the right of way other than tables and chairs (i.e.,no umbrellas, heaters, or bikes/dogs tied to parking meters, bussing stations, etc.) without a permit). Objects within the vehicular street right of ways that cause a traffic safety, as determined by the City Traffic Engineer, or coastal view impairment are prohibited at any time.
D. Ext
erior lighting equipment that may present a tripping hazard is not permitted.
E. Temporary electrical connections, such as extension cords, are not permitted.
F. Alcoholic Beverages may not be served or consumed in the sidewalk dining area with a Use Permit amendment and subject to approval by the California Department of Alcoholic Beverage Control.
G. Dancing is prohibited.
H. Amplified music sound and live outdoor entertainment areis prohibited, unless a permit is issued pursuant to Chapter 5.48.150 (Amplified sound permits).
PC MTG 05/28/2025
Manhattan Beach Local Coastal Program_Implementation Plan
I. Dining activities must conclude by 10:00pm. Tables and chairs must be removed from the sidewalk by 10:30pm. Tables and chairs cannot be stored on the sidewalk at any time outside of the establishments’ business hours.
J. All exits and means of egress from establishments and businesses must be maintained and not obstructed in any manner.
K. Sidewalk dining activities must comply with all City codes, including but not limited to, building, fire, Use Permit and zoning code requirements (parking, occupancy, etc.).
L. Sidewalk dining area occupancy shall be determined by the availability of an adequately sized trash enclosure on the premises and service levels, subject to review and approval by the Public Works Department, prior to permit issuance. Otherwise, Oonly existing tables used inside the restaurant may be used for sidewalk dining unless additional parking and zoning approval is provided in accordance with the Municipal Code. Changes in occupancy shall not require a Use Permit or a Use Permit amendment.
M. The portion of sidewalks used for dining must be cleaned regularly and consistently kept free of litter by the applicant.
N. The applicant must provide an insurance endorsement and complete a Hold Harmless agreement, to the satisfaction of the City Risk Manager.
O. The applicant must submit an application for a perm it and pay an established permit fee as set forth by resolution of the City Council.
P. Permits are issued to business owners rather than property owners and are not considered an entitlement to the adjacent private property. New business owners must apply for a new permit.
Q. Off‐street parking requirements in Chapter A.64 shall apply to the sidewalk dining area. As an alternative, a minimum of 5 bicycle parking spaces on the premises for each vehicle parking space required may meet this requirement.
R. Sidewalk dining permits authorize tables and chairs utilized for dining only. Furniture shall not be used by customers waiting to be seated for dining.
S. In areas with standard‐width sidewalks (9.5 feet), only two‐seat tables shall be used.
T. Placement and quantity of dining tables and chairs shall match the approved plan during operational hours.
U. Permits shall be valid for a period of one (1) year or until March 1st, whichever occurs first.
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Manhattan Beach Local Coastal Program_Implementation Plan
P.V. If a business fails to comply with the terms and conditions of an approved sidewalk dining permit, the Community Development Director shall have the authority to revoke the permit upon confirmation by the Director of Community Development or their designee of a third violation within a one‐year period following the first violation, pursuant to the provisions of Section 7.36.110. If revoked, the permittees shall be unable to reapply under this section for a one‐year period from the date the permit is revoked.
7.36.170 Long‐term Commercial Use Encroachment Permits
A. Commercial use of the public right of way requires City Council approval. Exceptions. The Director of Community Development may approve the following:
a. Sidewalk dining permits applicable to vehicular streets in conformance with Section 7 .36.160110 of this chapter.
b. Building projections such as eaves, awnings, signs or elements that benefit the public and comply with applicable codes.
c. Roof access or other elements for existing buildings that are required by applicable codes, when alternative on‐site locations are not feasible.
B. Commercial use of a walk street is prohibited. Existi ng long‐term uses conducted on a walk street under the authority of an Encroachment Permit approved prior to January 21, 2003 may continue to operate provided the use is not expanded or intensified. Expansion of intensification includes but is not necessarily limited to: increase of floor area or expansion of hou rs of operation, or addition of alcohol beverage service.
PC MTG 05/28/2025
Created: 2023‐05‐31 12:01:51 [EST]
(Supp. No. 38)
10.60.080 Outdoor facilities.
The purpose of this section is to permit and regulate commercial outdoor displays of merchandise on private property and materials in order to encourage visual interest along commercial streets and support the business community while minimizing adverse aesthetic impacts to the public and nearby residential uses.
A. What is Permitted. Outdoor facilities activit ies may include:
1. Outdoor display of merchandise (except bulk inventory), materials (including chairs and benches for customer waiting) and equipment including items for customer pick‐up, on the site of and operated by a legally established business.
2. Outdoor food and beverage service and outdoor dining on the site of an d operated by a legally established business and accessory to an eating and drinking establishment or food and beverage sales business with incidental seating area, as defined in Section 10.08.050. Outdoor food and beverage service and dining on public property is not regulated by this section and requires an encroa
chment permit pursuant to Chapter 7.36 of this Code.
B. Where Permitted. Outdoor facilities authorized by this section are permitted for all legally established commercial and industrial uses. Notwithstanding the aforementioned, outdoor facilities are prohibited in all residential districts.
C. Performance Standards. Outdoor facilities are subject to the following:
1. Outdoor display of mer chandise or materials shall not occupy public property, and may not occupy more than fifty percent (50%) of the total "tenant frontage" of a building as defined in Section 10.72.030 of this title.
2. Yards, screening, or planting areas may be required to prevent adverse impacts on surrounding properties. The heig
ht of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall, if required.
3. There shall be no outdoor preparation of food or beverages associated with outdoor dining where food is consumed at tables.
4. Amplified sound and live out door entertainment are subject to Chapter 4.20 (Amusements— dances and cafe entertainment) and Chapter 5.48 (Noise regulations).
Exception: Amplified sound and live outdoor entertainment shall be prohibited in outdoor dining areas above the ground floor, including indoor dining areas above that are not fully enclosed on the same level.
5. Alcoholic beverages may be served or consumed in the sidewalk dining area with a Use Permit amendment and subject to approval by the California Department of Alcoholic Beverage Control.
6. Outdoor dining area occupancy shall be determined by the availability of an adequately sized trash enclosure on the premises and service levels, subject to review and approval by the Public Works Department, prior to permit issuance. Otherwise, only existing tables used inside the restaurant may be used in the outdoor dining area. Changes in occupancy or minor expansions to the indoor dining areas above the ground floor solely to accommodate access to the outdoor dining area on the same level shall not require a Use Permit or a Use Permit amendment.
7. Off‐street parking requirements in Chapter 10.64 shall apply to the outdoor dining areas. As an alternative, a minimum of 5 bicycle parking spaces on the premises for each vehicle parking space required may meet this requirement. If outdoor dining is provided on off‐street parking spaces, the minimum required parking spaces and dimensions per Chapter 10.64 shall be
PC MTG 05/28/2025
Created: 2023‐05‐31 12:01:51 [EST]
(Supp. No. 38)
maintained at all times. Outdoor dining shall only occur within off‐street parking spaces that are not required to meet the minimum parking code requirements.
8. Outdoor dining activities must conclude by 10:00 p.m.
Exception: Eating and drinking establishments with outdoor dining located on the ground floor more than 150 feet away from residential uses may operate in compliance with other associated permits applicable to the business.
9. Outdoor dining above the ground floor shall not face or be located less than 15 feet away from residential uses. Noise mitigation measures, on file with the Community Development Department and updated from time to time, shall be incorporated into the outdoor dining area design. Outdoor dining balconies over the right‐of‐way are prohibited unless previously approved prior to this provision taking effect. Any such balconies shall not be expanded.
10. The business owner shall comply with all applicable federal, State, and local ordinances, codes, regulations and requirements.
D. Exceptions. Notwithstanding the provisions of subsections A, B, and C of this section, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted:
1. Nurseries, provided outdoor display is limited to plants and related materials only.
2. Vehicle /equipment sales and rentals, provided outdoor display shall be limited to vehicles, boats, or equipment offered for sale or rent only.
E. Application. The owner of a business shall submit a written request with application fee, for an outdoor facilities permit (which may consist of a letter) to the Community Development Direct or. The request shall include a full description of the display activity, including but not necessarily limited to:
types of items to be displayed, location on the site, and hours during which items are to be placed outdoors. The Community Development director shall review the application for compliance with performance s tandards contained in this section and may impose conditions to avoid adverse impacts such as but not limited to public safety impediments, visual clutter, and disorderly displays.
F. Grounds for Denial—Revocation. If adverse impacts cannot be prevented, the Community Development Director shall deny the outdoor facilities permit application. If a business fails to com ply with the terms and conditions of an approved outdoor facility permit the Community Development Director, after holding a hearing in the manner as set forth in Section 10.104.030, may revoke the permit upon confirmation by the Director of Community Development or their designee of a third violation within a one‐year period following the first violation. If revoked, the permittees shall be unable to reapply under this section for a one‐year period from the date the permit is revoked.
G. Duration and Renewal. Upon approval, an outdoor facilities permit, excluding outdoor dining above the ground floor, shall be valid for a period of one (1) year or until March 1st, whichever occurs first.
Outdoor facilities permits may be renewed annually, upon finding by the Community Development Director that the business has complied with all imposed terms and conditions, and that no adverse impacts or nuisance conditions have resulted.
H. Appeals. Decisions of the Community Development Director may be appealed to the Planning Commission in ac cordance with Chapter 10.100 of this Code. ( Ord. No. 1832 , Amended, 01/17/91; Ord. No. 1838 , Renumbered, 07/05/91; Ord. No. 1891 , Amended, 01/06/94; § 3, Ord. 2007 , eff. November 18, 1999)
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Chapter A.60. Site Regulations - All Districts
A.60.080. Outdoor facilities.
The purpose of this section is to permit and regula te commercial outdoor displays of merchandise on private property and materials in order to encourage visual interest along commercial streets and support the business community while minimizing adverse aesthetic impacts to the public and nearby residential uses.
A. What is Permitted. Outdoor facilities activities may include:
1. Outdoor display of merchandise (excep t bulk inventory), materials (including chairs and benches for customer waiting) and equipment including items for customer pick-up, on the site of and operated by a legally established business.
2. Outdoor food and beverage service and outdoor dining on the site of and operated by a legally established bu siness and accessory to an Eating and Drinking Establishment or Food and Beverage Sales business with incidental seating area, as defined in Section A.08.050. Outdoor food and beverage service and dining on public property is not regulated by this section and requires an Encroachment Permit pursuant to Chapter 7.36, Title 7 (Public Works) of the Municipal Code.
B. Where Permitted. Outdoor facilities authorized by this section are permitted for all legally established commercial and industrial uses. Notwithstanding the aforementioned, outdoor facilities are prohibited in all residential districts.
C. Performance Standards. Outdoor facilit ies are subject to the following:
1. Outdoor display of merchandise or materials shall not occupy public property, and may not occupy more than fifty percent (50%) of the total "tenant frontage" of a building as defined in Section 10.72.030/A.72.030 of the Sign Ordinance.
2. Yards, screening, or planting areas ma y be required to prevent adverse impacts on surrounding properties. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall, if required.
3. There shall be no outdoor preparation of food or beverages associated with outdoor dining where food is consumed at tables.
4. Amplified sound and live outdoor entertainment are subject to Chapter 4.20 (Amusements—dances and cafe entertainment) and Chapter 5.48 (Noise regulations).
Exception: Amplified sound and live outdoor entertainment shall be prohibited in outdoor dining areas above the ground floor, including indoor dining areas above that are not fully enclosed on the same level.
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5. Alcoholic beverages may be served or consumed in the sidewalk dining area with a Use Permit amendment and subject to approval by the California Department of Alcoholic Beverage Control.
6. Outdoor dining area occupancy shall be determined by the availability of an adequately sized trash enclosure on the premises and service levels, subject to review and approval by the Public Wor ks Department, prior to permit issuance.
Otherwise, only existing tables used inside the restaurant may be used in the outdoor dining area. Changes in occupanc y or minor expansions to the indoor dining areas above the ground floor solely to accommodate access to the outdoor dining area on the same level shall not require a Use Permit or a Use Permit amendment.
7. Off-street parking require ments in Chapter A.64 shall apply to the outdoor dining areas. As an alternative, a minimum of 5 bicycle parking spaces on the premises for each vehicle parking space required may meet this requirement. If outdoor dining is provided on off-street parkin g spaces, the minimum required parking spaces and dimensions per Chapter 10.64 shall be maintained at all times.
Outdoor dining shall only occur within o ff-street parking spaces that are not required to meet the minimum parking code requirements.
8. Outdoor dining activities must conclude by 10:00 p.m.
Exception: Eating and drinking establishments with outdoor dining located on the ground floor more than 150 feet away from residential uses may operate in compliance with other associated permits applicable to the business.
9. Outdoor dining above the ground floor shall not face or be located less than 15 feet away from residential uses. Noise mitigation measures, on file with the Community Development Department and updated from time to time, shall be incorporated into the outdoor dining area design. Outdoor dining balconies over the right-of-way are prohibited unless previo usly approved prior to this provision taking effect. Any such balconies shall not be expanded.
3.10. The business owner shall comply with all applicable federal, State, and local ordinances, codes, regulations and requirements.
D. Exceptions. Notwithstanding the provisions of subsections (A), (B), and (C) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted:
1. Nurseries, provided outdoor display is li mited to plants and related materials only.
2. Vehicle/Equipment Sales and Rentals, provided outdoor display shall be limited to vehicles, boats, or equipment offered for sale or rent only.
E. Application. The owner of a business shall submit a written request with application fee, for an outdoor facilities permit (which may consist of a letter) to the Community Development Director. The request shall include a full description of the display activity, including but not necessarily limited to: types of items to be displayed, location on the site, and hours during which items are to be placed outdoors. The Community
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60 - 3
Development director shall review the application for compliance with performance standards contained in this section and may impose conditions to avoid adverse impacts such as but not limited to public safety impe diments, visual clutter, and disorderly displays.
F. Grounds for Denial: Revocation. If adverse impacts cannot be prevented, the Community Development Director shall deny the outdoor facilities permit application. If a business fails to comply with the terms and conditions of an approved outdoor facility permit the Community Development Director , after holding a hearing in the manner as set forth in MBMC Section 10.104.030, may revoke the permit upon confirmation by the Director of Community Development or their designee of a third violation within a one-year period following the first violation. If revoked, the permittees shall be unable to reapply under this section for a one-year period from the date the permit is revoked.
G. Duration and Renewal. Upon approval, an outdoor facilities permit , excluding outdoor dining above the ground floor, shall be valid for a period of one (1) year or until March 1st, whichever occurs first . Outdoor facilities permits may be renewed annually, upon finding by the Community Development Director that the business has complied with all imposed terms and conditions, and that no adverse impacts or nuisance conditions have resulted.
H. Appeals. Decisions of t he Community Development Director may be appealed to the Planning Commission in accordance with Chapter 10.100 MBMC.
PC MTG 05/28/2025
Title 14 ‐ TRAFFIC
Chapter 14.01 DEFINITIONS
Manhattan Beach, California, Code of Ordinances Created: 2024‐07‐19 13:03:57 [EST] (Supp. No. 41)
Chapter 14.01 DEFINITIONS
Sections:
14.01.010 Definitions of words and phrases.
The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this article.
14.01.020 Motor Vehicle Code definitions to be used.
Whenever any words or phrases used herein are not defined, but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions shall apply.
14.01.030 Coach.
Any motor bus, coach, trackless trolley, or passenger stage used as a common carrier of passengers.
14.01.035 Commercial loading and unloading.
The stopping or standing of a commercial vehicle for the purpose of loading or unloading goods, wares or merchandise from or to any commercial building or structure.
14.01.040 Council.
The Council of the City of Manhattan Beach.
14.01.050 Curb.
The lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights of way of pu blic utility companies.
14.01.060 Divisional island.
A raised island located in the roadway and separating opposing or conflicting streams of traffic.
14.01.070 Garages and carports.
A. "Garage" shall mean, and be construed to mean, a public or private building constructed, intended for or actually used as a place for the housing, storing or safekeeping of a motor vehicle (as the words "motor vehicle" are defined in Section 415 of the Vehicle Code of the State).
B. "Carport" shall mean, and be construe d to mean, a cement concrete, black topped or other permanently improved space or area on public or private property (other than those actually located in public streets, alleys, drives, ways or places), which is constructed, provided or intended for, or which is actually used as, a
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(Supp. No. 41)
place upon which to place, store or park a motor vehicle (as the words "motor vehicle" are defined in Section 415 of the Vehicle Code of the State).
14.01.080 Holidays.
Within the meaning of this chapter, holidays are the first day of January, the twelfth day of February, the third Monday in February, the last Monday in May, the fourth day of July, the first Monday in September, the ninth day of September, the second Monday in October, the fourth Monday in Octo ber, the twenty‐fifth day of December, and Thanksgiving Day. If the first day of January, the twelfth day of February, the fourth day of July, the ninth day of September, or the twenty‐fifth day of December falls upon a Sunday, the Monday following is a holiday.
(§ 1, Ord. 12 68, eff. April 6, 1972)
14.01.085 Large commercial vehicle.
A commercial vehicle as defined by Section 260 of the California Vehicle Code that is 30 feet or more in length.
14.01.090 Loading zone.
The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
14.01.100 Official time standard.
Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this city.
14.01.110 Parkway.
That portion of a public right of way other than a roadway or sidewalk.
14.01.120 Passenger loading zone.
The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
14.01.130 Pedestrian.
Any person afoot.
14.01.140 Police officer.
Every officer of the Police Department of this City or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
14.01.150 Stop.
When required, means complete cessation of movement.
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(Supp. No. 41)
14.01.160 Vehicle Code.
The Vehicle Code of the State of California.
14.01.170 Walk street.
A dedicated public street which has been closed to vehicular traffic.
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Title 14 ‐ TRAFFIC
Chapter 14.44 STOPPING FOR LOADING OR UNLOADING ONLY
Manhattan Beach, California, Code of Ordinances Created: 2024‐07‐19 13:03:59 [EST] (Supp. No. 41)
Chapter 14.44 STOPPING FOR LOADING OR UNLOADING ONLY
Sections:
14.44.010 Authority to establish loading zones.
A. The City Traffic Engineer is hereby authorized to determine and to mark loading zones and passenger loading zones as follows:
1. At any place in the business district.
2. Elsewhere in front of the entrance to any place of business or in front of any hall or place used for th e purpose of public assembly.
B. Loading zones shall be indicated by yellow paint upon the top of all curbs within such zones.
C. Passenger loading zones shall be indicated by white paint upon the top of all curbs in said zones. (§ 1, Ord. 1804, eff. September 14, 1989)
14.44.020 Curb markings to indicate no stopping and parking regulations.
A. Upon designation by the Chief of Police, the City Traffic Engineer is hereby authorized, subject to the provisions and limitations of this chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and said curb markings shall have the meanings as herein set fort
h.
1. Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone.
2. For on‐street parking facilities, yellow shall mean no stopping, st anding, or parking at any time between 7:00 a.m. and 6:00 p.m. on any day for any purpose other than the loading or unloading of passengers, which shall not consume more than three (3) minutes, nor the loading or unloading of material more than twenty (20) minutes, unless otherwise posted. For off‐street parkin g facilities, yellow shall mean no stopping, standing or parking at any time seven (7) days a week, twenty‐four (24) hours a day including holidays for any purpose other than the loading or unloading of passengers, which shall not consume more than three (3) minutes, nor the loadi ng or unloading of material more than twenty (20) minutes, unless otherwise posted. Appropriate signs shall be posted accordingly.
3. White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which s hall not exceed three (3) minutes and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. on any day except as follows:
a. When such zone is in front of a hotel or in front of a mailbox, the restrictions shall apply at all times.
b. When such zone is in fro nt of a theater, the restriction shall apply at all times except when such theater is closed.
c. Unless otherwise authorized and posted by the City Traffic Engineer.
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(Supp. No. 41)
4. When the Chief of Police, as authorized under this chapter, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section.
B. The City Traffic Engineer is further au thorized to establish special parking restrictions by posting appropriate signs to meet unusual needs on certain City streets or public facilities consistent with the limitations provided for in the California Vehicle Code.
(§ 1, Ord. 1683, eff. July 3, 1984 and § 5, Ord. 13‐0017, eff. September 20, 2013)
14.44.030 Effect of permission to load or unload.
A. Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than twenty (20) minutes.
B. The loading or unloading of materials shall a pply only to commercial deliveries, also the delivery or pick‐up of express and parcel post packages and United States mail.
C. Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessar y therefor and in no event for more than three (3) minutes.
D. Within the total time limits above specified the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted.
14.44.035 Commercial Vehicle Loading and Unloading.
A. CD and CNE Zone: Large vehicle commercial loading and unloading activities within the CD and CNE Zones are prohibited on any streets and alleys less than 36 feet in width between 11 p.m. and 7 a.m., of the next day Sunday through Friday morning, and between 6 p.m. and 7 a.m. of the next day Friday through Sunday morning.
Exception: Streets and alleys without residential uses on either side of the block shall be exempt from this provision.
B. When the Chief of Police, as authorized under this chapter, has caused commercial loading signs to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible loading restriction in violation of any of the provisions of this section.
C. The City Traffic Engineer is further authorized to establish special loading restrictions by posting appropriate signs to meet unusual needs on certain City streets or public facilities consistent with the limitations provided for in the California Vehicle Code.
14.44.040 Standing for loading or unloading only.
No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or materials for such time as is permitted in Section 14.44.030.
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14.44.050 Standing in passenger loading zones.
No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than loading or unloading of passengers for such time as is specified in Section 14.44.030.
14.44.060 Standing in any alley.
No person shall stop, stand or park a vehicle for any purpose other than loading or unloading of persons or materials in any alley.
14.44.070 Coach zones to be established.
A. The Chief of Police is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof.
B. Coach zones shall normally be established on the far side of an intersection.
14.44.080 Taxicab stands.
A. After consulting with the City Traffic Engineer, the Chief of Police shall establish taxicab stands and determine the locations thereof.
B. The curb surface within each taxicab stand shall be painted white and marked "Taxicab Stand" in red lettering, or shall be designated by signs of a type and size approve d by the Chief of Police.
C. No driver of a vehicle, other than a taxicab or vehicle for hire, shall stand or park such vehicle in a taxicab stand.
D. During the time limits established pursuant to Municipal Code Section 3.24.070, no driver of a taxicab or vehicle for hire shall stand or park while awa iting employment at any place other than a taxicab stand designated by the Chief of Police, except for the active loading or unloading of passengers.
E. No driver of a taxicab or vehicle for hire shall leave a vehicle unattended in a taxicab stand for a period of time longer than th
ree (3) minutes.
F. No driver of a taxicab or vehicle for hire may stop in a bus zone for purposes of loading or unloading passengers unless there is no other practicable location to safely and expediently load or unload such passengers.
(§ 1, Ord. 14‐00 05, eff. August 15, 2014)
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Created: 2023-05-31 12:01:41 [EST]
(Supp. No. 38)
Chapter 7.36 PRIVATE USE OF THE PUBLIC RIGHT OF WAY
…
7.36.160 Sidewalk dining encroachment permits.
Sidewalk dining immediately adjacent to existing restaurants may be permitted on public sidewalks within vehicular street right of ways, in the CD or CNE districts, with a sidewalk dining encroachment permit issued pursuant to this section. The purpose of the sidewalk dining permit program is to promote restaurant , outdoor dining, and pedestrian oriented activity within the City's business areas, while safeguarding public safety and minimizing impacts to nearby residential properties. Permits may be modified or revoked by the City Council if the applicant repeatedly fails to comply with any of the above requirements, or if the public's priority for use of City right of way causes the previously approved sidewalk dining use to be found to be inappropriate. The Director of Community Development shall have the authority to condition or modify the requirements of the permit , if necessary to protect public health and welfare.
Each permit issued for sidewalk dining shall comply with the following minimum standards:
A. All permits are subject to temporary modification or suspension at any time based on the public's priority for use of City right of way as determined to be appropriate by the Chief of Police or Director of Public Works.
B. Title 24 of the California Government Code regarding persons with disabilities requirements for An unobstructed sidewalk width (of at leastminimum forty-eightsixty inches (4860″) must be maintained at all times. Any vertical projections above the sidewalk area must have a minimum height clearance of eighty-four inches (84″).
C. Applicants and their customers may not place any objects in the right of way other than tables and chairs (no umbrellas, heaters, or bikes/dogs tied to parking meters, bussing stations, etc. without a permit)
D. Exterior lighting equipment that may present a tripping hazard is not permitted.
E. Temporary electrical connections, such as extension cords, are not permitted.
F. Alcoholic beverages may not be served or consumed in the sidewalk dining area without a Use Permit amendment, subject to approval by the California Department of Alcoholic Beverage Control.
G. Dancing is prohibited.
H. Amplified music and live outdoor entertainment areis prohibited, unless a permit is issued pursuant to Chapter 5.48.150 (Amplified sound permits).
I. Dining activities must conclude by 10:00 p.m. Tables and chairs must be removed from the sidewalk by 10:30 p.m. Unutilized tables and chairs cannot be stored on the sidewalk at any time.
J. All exits and means of egress from establishments and businesses must be maintained and not obstructed in any manner.
K. Sidewalk dining activities must comply with all City codes, including but not limited to, building, fire, Use Permit and zoning code requirements (parking, occupancy, etc.).
L. Sidewalk dining area occupancy shall be determined by the availability of an adequately sized trash enclosure on the premises and service levels, subject to review and approval by the Public Works Department, prior to permit issuance. Otherwise, oOnly existing tables used inside the restaurant may be used for sidewalk dining unless additional parking and zoning approval is provided in accordance
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with the Municipal Code. Changes in occupancy shall not require a Use Permit or a Use Permit amendment.
M. The portion of sidewalks used for dining must be cleaned regularly and consistently kept free of litter by the applicant.
N. The applicant must provide an insurance endorsement and complete a Hold Harmless agreement, to the satisfaction of the City Risk Manager.
O. The applicant must submit an application for a permit and pay an established permit fee as set forth by resolution of the City Council.
P. Permits are issued to business owners rather than property owners and are not considered an entitlement to the adjacent private property. New business owners must apply for a new permit.
Q. Off-street parking requirements in Chapter 10.64 shall apply to the sidewalk dining area. As an alternative, a minimum of 5 bicycle parking spaces on the premises for each vehicle parking space required may meet this requirement.
R. Sidewalk dining permits authorize tables and chairs utilized for dining only. Furniture shall not be used by customers waiting to be seated for dining.
S. In areas with standard-width sidewalks (9.5 feet), only two-seat tables shall be used.
T. Placement and quantity of dining tables and chairs shall match the approved plan during operational hours.
U. Permits shall be valid for a period of one (1) year or until March 1st, whichever occurs first.
V. Permits shall be revoked on the third enforcement action by the City within a one -year period following the first violation. Revoked permittees shall be unable to reapply under this section for one year from the date the permit is revoked.
(§ 1, Ord. 2039 , eff. February 18, 2003; Ord. No. 20-0010 , § 8, eff. July 21, 2020)
7.36.170 Long-term commercial use encroachment permits.
A. Commercial use of the public right-of-way requires City Council approval.
Exceptions. The Director of Community Development may approve the following:
a. Sidewalk dining permits applicable to vehicular streets in conformance with Section 7.36.110 160 of this chapter.
b. Building projections such as eaves, awnings, signs or elements that benefit the public and comply with applicable codes.
c. Roof access or other elements for existing buildings that are required by applicable codes, when alternative on-site locations are not feasible.
Note: Any work performed in the public right-of-way requires a separate permit pursuant to the requirements as set forth in Chapter 7.16 of this Code.
B. Commercial use of a walk street is prohibited. Existing long-term uses conducted on a walk street under the authority of an Encroachment Permit approved prior to January 21, 2003 may continue to operate provided the use is not expanded or intensified. Expansion of intensification includes but is not n ecessarily limited to:
increase of floor area or expansion of hours of operation, or addition of alcohol beverage service. (§ 1, Ord. 2039 , eff. February 18, 2003; Ord. No. 20-0010 , § 9, eff. July 21, 2020)
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Manhattan Beach Local Coastal Program_Implementation Plan CHAPTER 7.36 PRIVATE USE OF THE PUBLIC RIGHT OF WAY
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7.36.160 Sidewalk Dining Encroachment Permits
Sidewalk dining immediately adjacent to existing restaurants may be permitted on public sidewalks within vehicular street right of ways, in the CD and CNE districts, with a sidewalk dining encroachment permit issued pursuant to this Section. The 16 purpose of the sidewalk dining permit program is to promote restaurant, outdoor dining, and pedestrian oriented activity within the City's business areas, while safeguarding public safety and minimizing impacts to nearby 17 residential properties. Permits may be modified or revoked by the City Council if the applicant repeatedly fails to comply with any of the above requirements, or if the public's priority for use of City 18 right of way causes the previously approved sidewalk dining use to be found to be inappropriate. The Director of Community Development shall have the authority to condition or modify the requirements of the permit, if necessary to protect public health and welfare.
Each permit issued for sidewalk dining shall comply with the following minimum standards:
A. All permits are subject to temporary modification or suspension at any time based on the public's priority for use of City right of way as determined to be appropriate by the Chief of Police or Director of Public Works.
B. Title 24 of the California Government Code regarding persons with disabilities requirements for An unobstructed sidewalk width (of at least minimum 48 60 inches) must be maintained at all times.
C. Applicants and their customers may not place any objects in the right of way other than tables and chairs (no umbrellas, heaters, or bikes/dogs tied to parking meters, bussing stations, etc. without a permit)
D. Exterior lighting equipment that may present a tripping hazard is not permitted.
E. Temporary electrical connections, such as extension cords, are not permitted.
F. Alcoholic Beverages may not be served or consumed in the sidewalk dining area without a Use Permit amendment, subject to approval by the California Department of Alcoholic Beverage Control.
G. Dancing is prohibited.
H. Amplified music and live outdoor entertainment areis prohibited, unless a permit is issued pursuant to Chapter 5.48.150 (Amplified sound permits).
I. Dining activities must conclude by 10:00pm. Tables and chairs must be removed from the sidewalk by 10:30pm. Unutilized tables and chairs cannot be stored on the sidewalk at any time.
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Manhattan Beach Local Coastal Program_Implementation Plan J. All exits and means of egress from establishments and businesses must be maintained and not obstructed in any manner.
K. Sidewalk dining activities must comply with all City codes, including but not limited to, building, fire, Use Permit and zoning code requirements (parking, occupancy, etc.).
L. Sidewalk dining area occupancy shall be determined by the availability of an adequately sized trash enclosure on the premises and service levels, subject to review and approval by the Public Works Department, prior to permit issuance. Otherwise, Oonly existing tables used inside the restaurant may be used for sidewalk dining unless additional parking and zoning approval is provided in accordance with the Municipal Code. Changes in occupancy shall not require a Use Permit or a Use Permit amendment.
M. The portion of sidewalks used for dining must be cleaned regularly and consistently kept free of litter by the applicant.
N. The applicant must provide an insurance endorsement and complete a Hold Harmless agreement, to the satisfaction of the City Risk Manager.
O. The applicant must submit an application for a permit and pay an established permit fee as set forth by resolution of the City Council.
P. Permits are issued to business owners rather than property owners and are not considered an entitlement to the adjacent private property. New business owners must apply for a new permit.
Q. Off-street parking requirements in Chapter A.64 shall apply to the sidewalk dining area. As an alternative, a minimum of 5 bicycle parking spaces on the premises for each vehicle parking space required may meet this requirement.
R. Sidewalk dining permits authorize tables and chairs utilized for dining only. Furniture shall not be used by customers waiting to be seated for dining.
S. In areas with standard-width sidewalks (9.5 feet), only two-seat tables shall be used.
T. Placement and quantity of dining tables and chairs shall match the approved plan during operational hours.
U. Permits shall be valid for a period of one (1) year or until March 1st, whichever occurs first.
P.V. Permits shall be revoked on the third enforcement action by the City within a one-year period following the first violation. Revoked permittees shall be unable to reapply under this section for one year from the date the permit is revoked.
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Manhattan Beach Local Coastal Program_Implementation Plan
7.36.170 Long-term Commercial Use Encroachment Permits
A. Commercial use of the public right of way requires City Council approval. Exceptions. The Director of Community Development may approve the following:
a. Sidewalk dining permits applicable to vehicular streets in conformance with Section 7 .36.160110 of this chapter.
b. Building projections such as eaves, awnings, signs or elements that benefit the public and comply with applicable codes.
c. Roof access or other elements for existing buildings that are required by applicable codes, when alternative on-site locations are not feasible.
B. Commercial use of a walk street is prohibited. Existing long-term uses conducted on a walk street under the authority of an Encroachment Permit approved prior to January 21, 2003 may continue to operate provided the use is not expanded or intensified. Expansion of intensification includes but is not necessarily limited to: increase of floor area or expansion of hours of operation, or addition of alcohol beverage service.
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10.60.080 Outdoor facilities.
The purpose of this section is to permit and regulate commercial outdoor displays of merchandise on private property and materials in order to encourage visual interest along commercial streets and support the business community while minimizing adverse aesthetic impacts to the public and nearby residential uses.
A. What is Permitted. Outdoor facilities activities may include:
1. Outdoor display of merchandise (except bulk inventory), materials (including chairs and benches for customer waiting) and equipment including items for customer pick -up, on the site of and operated by a legally established business.
2. Outdoor food and beverage service and outdoor dining on the site of and operated by a legally established business and accessory to an eating and drinking establishment or food and beverage sales business with incidental seating area, as defined in Section 10.08.050. Outdoor food and beverage service and dining on public property is not regulated by this section and requires an encroachment permit pursuant to Chapter 7.36 of this Code.
B. Where Permitted. Outdoor facilities authorized by this section are permitted for all legally established commercial and industrial uses. Notwithstanding the aforementioned, outdoor facilities are prohibited in all residential districts.
C. Performance Standards. Outdoor facilities are subject to the following:
1. Outdoor display of merchandise or materials shall not occupy public property, and may not occupy more than fifty percent (50%) of the total "tenant frontage" of a building as defined in Section 10.72.030 of this title.
2. Yards, screening, or planting areas may be required to prevent adverse impacts on surrounding properties. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall, if required.
3. There shall be no outdoor preparation of food or beverages associated with outdoor dining where food is consumed at tables.
4. Amplified music and live outdoor entertainment are subject to Chapter 4.20 (Amusements— dances and cafe entertainment) and Chapter 5.48 (Noise regulations).
Exception: Amplified music and live outdoor entertainment shall be prohibited in outdoor dining areas above the ground floor, including indoor dining areas above that are not fully enclosed on the same level.
5. Alcoholic beverages may be served or consumed in the sidewalk dining area without a Use Permit amendment, subject to approval by the California Department of Alcoholic Beverage Control.
6. Outdoor dining area occupancy shall be determined by the availability of an adequately sized trash enclosure on the premises and service levels, subject to review and approval by the Public Works Department, prior to permit issuance. Otherwise, only existing tables used inside the restaurant may be used in the outdoor dining area. Changes in occupancy or minor expansions to the indoor dining areas above the ground floor solely to accommodate access to the outdoor dining area on the same level shall not require a Use Permit or a Use Permit amendment.
7. Off-street parking requirements in Chapter 10.64 shall apply to the outdoor dining areas. As an alternative, a minimum of 5 bicycle parking spaces on the premises for each vehicle parking space required may meet this requirement. If outdoor dining is provided on off-street parking spaces, the minimum required parking spaces and dimensions per Chapter 10.64 shall be
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maintained at all times. Outdoor dining shall only occur within off-street parking spaces that are not required to meet the minimum parking code requirements.
8. Outdoor dining activities must conclude by 10:00 p.m.
Exception: Eating and drinking establishments with outdoor dining located on the ground floor more than 150 feet away from residential uses may operate in compliance with other associated permits applicable to the business.
9. Outdoor dining above the ground floor shall not face or be located less than 15 feet away from residential uses. Noise mitigation measures, on file with the Community Development Department and updated from time to time, shall be incorporated into the outdoor dining area design. Outdoor dining balconies over the right-of-way are prohibited unless previously approved prior to this provision taking effect. Any such balconies shall not be expanded.
10. The business owner shall comply with all applicable federal, State, and local ordinances, codes, regulations and requirements.
D. Exceptions. Notwithstanding the provisions of subsections A, B, and C of this section, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted:
1. Nurseries, provided outdoor display is limited to plants and related materials only.
2. Vehicle/equipment sales and rentals, provided outdoor display shall be limited to vehicles, boats, or equipment offered for sale or rent only.
E. Application. The owner of a business shall submit a written request with application fee, for an outdoor facilities permit (which may consist of a letter) to the Community Development Director. The request shall include a full description of the display activity, including but not necessarily limited to:
types of items to be displayed, location on the site, and hours during which items are to be placed outdoors. The Community Development director shall review the application for compliance with performance standards contained in this section and may impose conditions to avoid adverse impacts such as but not limited to public safety impediments, visual clutter, and disorderly displays.
F. Grounds for Denial—Revocation. If adverse impacts cannot be prevented, the Community Development Director shall deny the outdoor facilities permit application. If a business fails to comply with the terms and conditions of an approved outdoor facility permit the Community Development Director may revoke the permit on the third enforcement action by the City within a one-year period following the first violation. Revoked permittees shall be unable to reapply under this section for a one- year period from the date the permit is revoked.
G. Duration and Renewal. Upon approval, an outdoor facilities permit, excluding outdoor dining above the ground floor, shall be valid for a period of one (1) year or until March 1 st, whichever occurs first.
Outdoor facilities permits may be renewed annually, upon finding by the Community Development Director that the business has complied with all imposed terms and conditions, and that no adverse impacts or nuisance conditions have resulted.
H. Appeals. Decisions of the Community Development Director may be appealed to the Planning Commission in accordance with Chapter 10.100 of this Code. ( Ord. No. 1832 , Amended, 01/17/91; Ord. No. 1838 , Renumbered, 07/05/91; Ord. No. 1891 , Amended, 01/06/94; § 3, Ord. 2007 , eff. November 18, 1999)
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Manhattan Beach Local Coastal Program_Implementation Plan Chapter A.60. Site Regulations - All Districts
A.60.080. Outdoor facilities.
The purpose of this section is to permit and regulate commercial outdoor displays of merchandise on private property and materials in order to encourage visual interest along commercial streets and support the business community while minimizing adverse aesthetic impacts to the public and nearby residential uses.
A. What is Permitted. Outdoor facilities activities may include:
1. Outdoor display of merchandise (except bulk inventory), materials (including chairs and benches for customer waiting) and equipment including items for customer pick-up, on the site of and operated by a legally established business.
2. Outdoor food and beverage service and outdoor dining on the site of and operated by a legally established business and accessory to an Eating and Drinking Establishment or Food and Beverage Sales business with incidental seating area, as defined in Section A.08.050. Outdoor food and beverage service and dining on public property is not regulated by this section and requires an Encroachment Permit pursuant to Chapter 7.36, Title 7 (Public Works) of the Municipal Code.
B. Where Permitted. Outdoor facilities authorized by this section are permitted for all legally established commercial and industrial uses. Notwithstanding the aforementioned, outdoor facilities are prohibited in all residential districts.
C. Performance Standards. Outdoor facilities are subject to the following:
1. Outdoor display of merchandise or materials shall not occupy public property, and may not occupy more than fifty percent (50%) of the total "tenant frontage" of a building as defined in Section 10.72.030/A.72.030 of the Sign Ordinance.
2. Yards, screening, or planting areas may be required to prevent adverse impacts on surrounding properties. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall, if required.
3. There shall be no outdoor preparation of food or beverages associated with outdoor dining where food is consumed at tables.
4. Amplified music and live outdoor entertainment are subject to Chapter 4.20 (Amusements—dances and cafe entertainment) and Chapter 5.48 (Noise regulations).
Exception: Amplified music and live outdoor entertainment shall be prohibited in outdoor dining areas above the ground floor, including indoor dining areas above that are not fully enclosed on the same level.
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5. Alcoholic beverages may be served or consumed in the sidewalk dining area without a Use Permit amendment, subject to approval by the California Department of Alcoholic Beverage Control.
6. Outdoor dining area occupancy shall be determined by the availability of an adequately sized trash enclosure on the premises and service levels, subject to review and approval by the Public Works Department, prior to permit issuance.
Otherwise, only existing tables used inside the restaurant may be used in the outdoor dining area. Changes in occupancy or minor expansions to the indoor dining areas above the ground floor solely to accommodate access to the outdoor dining area on the same level shall not require a Use Permit or a Use Permit amendment.
7. Off-street parking requirements in Chapter A.64 shall apply to the outdoor dining areas. As an alternative, a minimum of 5 bicycle parking spaces on the premises for each vehicle parking space required may meet this requirement. If outdoor dining is provided on off -street parking spaces, the minimum required parking spaces and dimensions per Chapter 10.64 shall be maintained at all times.
Outdoor dining shall only occur within off -street parking spaces that are not required to meet the minimum parking code requirements.
8. Outdoor dining activities must conclude by 10:00 p.m.
Exception: Eating and drinking establishments with outdoor dining located on the ground floor more than 150 feet away from residential uses may operate in compliance with other associated permits applicable to the business.
9. Outdoor dining above the ground floor shall not face or be located less than 15 feet away from residential uses. Noise mitigation measures, on file with the Community Development Department and updated from time to time, shall be incorporated into the outdoor dining area design. Outdoor dining balconies over the right-of-way are prohibited unless previously approved prior to this provision taking effect. Any such balconies shall not be expanded.
3.10. The business owner shall comply with all applicable federal, State, and local ordinances, codes, regulations and requirements.
D. Exceptions. Notwithstanding the provisions of subsections (A), (B), and (C) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted:
1. Nurseries, provided outdoor display is limited to plants and related materials only.
2. Vehicle/Equipment Sales and Rentals , provided outdoor display shall be limited to vehicles, boats, or equipment offered for sale or rent only.
E. Application. The owner of a business shall submit a written request with application fee, for an outdoor facilities permit (which may consist of a letter) to the Community Development Director. The request shall include a full description of the display activity, including but not necessarily limited to: types of items to be displayed, location on the site, and hours during which items are to be placed outdoors. The Community
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Development director shall review the application for compliance with performance standards contained in this section and may impose conditions to avoid adverse impacts such as but not limited to public safety impediments, visual clutter, and disorderly displays.
F. Grounds for Denial: Revocation. If adverse impacts cannot be prevented, the Community Development Director shall deny the outdoor facilities permit application. If a business fails to comply with the terms and conditions of an approved outdoor facility permit the Community Development Director may revoke the permit on the third enforcement action by the City within a one -year period following the first violation. Revoked permittees shall be unable to reapply under this section for a one -year period from the date the permit is revoked.
G. Duration and Renewal . Upon approval, an outdoor facilities permit , excluding outdoor dining above the ground floor, shall be valid for a period of one (1) year or until March 1st, whichever occurs first . Outdoor facilities permits may be renewed annually, upon finding by the Community Development Director that the business has complied with all imposed terms and conditions, and that no adverse impacts or nuisance conditions have resulted.
H. Appeals. Decisions of the Community Development Director may be appealed to the Planning Commission in accordance with Chapter 10.100 MBMC.
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Title 14 - TRAFFIC
Chapter 14.01 DEFINITIONS
Manhattan Beach, California, Code of Ordinances Created: 2024-07-19 13:03:57 [EST] (Supp. No. 41)
Chapter 14.01 DEFINITIONS
Sections:
14.01.010 Definitions of words and phrases.
The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this article.
14.01.020 Motor Vehicle Code definitions to be used.
Whenever any words or phrases used herein are not defined, but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions shall apply.
14.01.030 Coach.
Any motor bus, coach, trackless trolley, or passenger stage used as a common carrier of passengers.
14.01.035 Commercial loading and unloading.
The stopping or standing of a commercial vehicle for the purpose of loading or u nloading goods, wares or merchandise from or to any commercial building or structure.
14.01.040 Council.
The Council of the City of Manhattan Beach.
14.01.050 Curb.
The lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights of way of public utility companies.
14.01.060 Divisional island.
A raised island located in the roadway and separating opposing or conflicting streams of traffic.
14.01.070 Garages and carports.
A. "Garage" shall mean, and be construed to mean, a public or private building constructed, intended for or actually used as a place for the housing, storing or safekeeping of a motor vehicle (as the words "motor vehicle" are defined in Section 415 of the Vehicle Code of the State).
B. "Carport" shall mean, and be construed to mean, a cement concrete, black topped or other permanently improved space or area on public or private property (other than those actually located in public streets, alleys, drives, ways or places), which is constructed, provided or intended for, or which is actually used as, a
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place upon which to place, store or park a motor vehicle (as the words "motor vehicle" are defined in Section 415 of the Vehicle Code of the State).
14.01.080 Holidays.
Within the meaning of this chapter, holidays are the first day of January, the twelfth day of February, the third Monday in February, the last Monday in May, the fourth day of July, the first Monday in September, the ninth day of September, the second Monday in October, the fourth Monday in October, the twenty-fifth day of December, and Thanksgiving Day. If the first day of January, the twelfth day of February, the fourth day of July, the ninth day of September, or the twenty-fifth day of December falls upon a Sunday, the Monday following is a holiday.
(§ 1, Ord. 1268, eff. April 6, 1972)
14.01.085 Large commercial vehicle.
A commercial vehicle as defined by Section 260 of the California Vehicle Code that is 30 feet or more in length.
14.01.090 Loading zone.
The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
14.01.100 Official time standard.
Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this city.
14.01.110 Parkway.
That portion of a public right of way other than a roadway or sidewalk.
14.01.120 Passenger loading zone.
The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
14.01.130 Pedestrian.
Any person afoot.
14.01.140 Police officer.
Every officer of the Police Department of this City or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
14.01.150 Stop.
When required, means complete cessation of movement.
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14.01.160 Vehicle Code.
The Vehicle Code of the State of California.
14.01.170 Walk street.
A dedicated public street which has been closed to vehicular traffic.
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Title 14 - TRAFFIC
Chapter 14.44 STOPPING FOR LOADING OR UNLOADING ONLY
Manhattan Beach, California, Code of Ordinances Created: 2024-07-19 13:03:59 [EST] (Supp. No. 41)
Chapter 14.44 STOPPING FOR LOADING OR UNLOADING ONLY
Sections:
14.44.010 Authority to establish loading zones.
A. The City Traffic Engineer is hereby authorized to determine and to mark loading zones and passenger loading zones as follows:
1. At any place in the business district.
2. Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly.
B. Loading zones shall be indicated by yellow paint upon the top of all curbs within such zones.
C. Passenger loading zones shall be indicated by white paint upon the top of all curbs in said zones. (§ 1, Ord. 1804, eff. September 14, 1989)
14.44.020 Curb markings to indicate no stopping and parking regulations.
A. Upon designation by the Chief of Police, the City Traffic Engineer is hereby authorized, subject to the provisions and limitations of this chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and said curb markings shall have the meanings as herein set forth.
1. Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone.
2. For on-street parking facilities, yellow shall mean no stopping, standing, or parking at any time between 7:00 a.m. and 6:00 p.m. on any day for any purpose other than the loading or unloading of passengers, which shall not consume more than three (3) minutes, nor the loading or unloading of material more than twenty (20) minutes, unless otherwise posted. For off -street parking facilities, yellow shall mean no stopping, standing or parking at any time seven (7) days a week, twenty -four (24) hours a day including holidays for any purpose other than the loading or unloading of passengers, which shall not consume more than three (3) minutes, nor the loading or unloading of material more than twenty (20) minutes, unless otherwise posted. Appropriate signs sha ll be posted accordingly.
3. White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which shall not exceed three (3) minutes and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. on any day except as follows:
a. When such zone is in front of a hotel or in front of a mailbox, the restrictions shall apply at all times.
b. When such zone is in front of a theater, the restriction shall apply at all times except when such theater is closed.
c. Unless otherwise authorized and posted by the City Traffic Engineer.
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4. When the Chief of Police, as authorized under this chapter, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section.
B. The City Traffic Engineer is further authorized to establish special parking restrictions by posting appropriate signs to meet unusual needs on certain City streets or public facilities consistent with the limitations provided for in the California Vehicle Code.
(§ 1, Ord. 1683, eff. July 3, 1984 and § 5, Ord. 13-0017, eff. September 20, 2013)
14.44.030 Effect of permission to load or unload.
A. Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than twenty (20) minutes.
B. The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pick -up of express and parcel post packages and United States mail.
C. Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three (3) minutes.
D. Within the total time limits above specified the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted.
14.44.035 Commercial Vehicle Loading and Unloading.
A. CD and CNE Zone: Large vehicle commercial loading and unloading activities within the CD and CNE Zones are prohibited on any streets and alleys less than 36 feet in width between 11 p.m. and TBD a.m., of the next day Sunday through Friday morning, and between 6 p.m. and TBD a.m. of the next day Friday through Sunday morning.
Exception: Streets and alleys without residential uses on either side of the block shall be exempt from this provision.
B. When the Chief of Police, as authorized under this chapter, has caused commercial loading signs to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible loading restriction in violation of any of the provisions of this section.
C. The City Traffic Engineer is further authorized to establish special loading restrictions by posting appropriate signs to meet unusual needs on certain City streets or public facilities consistent with the limitations provided for in the California Vehicle Code.
14.44.040 Standing for loading or unloading only.
No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or materials for such time as is permitted in Section 14.44.030.
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14.44.050 Standing in passenger loading zones.
No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than loading or unloading of passengers for such time as is specified in Section 14.44.030.
14.44.060 Standing in any alley.
No person shall stop, stand or park a vehicle for any purpose other than loading or unloading of persons or materials in any alley.
14.44.070 Coach zones to be established.
A. The Chief of Police is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof.
B. Coach zones shall normally be established on the far side of an intersection.
14.44.080 Taxicab stands.
A. After consulting with the City Traffic Engineer, the Chief of Police shall establish taxicab stands and determine the locations thereof.
B. The curb surface within each taxicab stand shall be painted white and marked "Taxicab Stand" in red lettering, or shall be designated by signs of a type and size approved by the Chief of Police.
C. No driver of a vehicle, other than a taxicab or vehicle for hire, shall stand or park such vehicle in a taxicab stand.
D. During the time limits established pursuant to Municipal Code Section 3.24.070, no driver of a taxicab or vehicle for hire shall stand or park while awaiting employment at any place other than a taxicab stand designated by the Chief of Police, except for the active loading or unloading of passengers.
E. No driver of a taxicab or vehicle for hire shall leave a vehicle unattended in a taxicab stand for a period of time longer than three (3) minutes.
F. No driver of a taxicab or vehicle for hire may stop in a bus zone for purposes of loading or unloading passengers unless there is no other practicable location to safely and expediently load or unload such passengers.
(§ 1, Ord. 14-0005, eff. August 15, 2014)
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City of Manhattan Beach
Legislation Text
1400 Highland Avenue
Manhattan Beach, CA 90266
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
SUBJECT:..Title
Consideration of:
a) Preliminary Plans to Implement the Long-Term Outdoor Dining Program Preferred Vision; and b) Recommendations from the Outdoor Dining Task Force
(Acting Community Development Director Heise).
(Estimated Time: 3 Hr.)
DISCUSS AND PROVIDE DIRECTION
_________________________________________________________ RECOMMENDATION:
Staff recommends that the City Council consider and provide direction on the outdoor dining task force recommendations and the preliminary plans to implement the preferred program vision.
EXECUTIVE SUMMARY:
Since May 1, 2023, the City has hosted 15 outdoor dining task force meetings with the goal of developing a long-term program that seeks to balance the preservation of residents’ quality of life and provision of adequate outdoor dining opportunities. Most task force meetings resulted in various recommendations that were periodically presented to the City Council for further direction. The task force recommendations thus far include, but are not limited to, the definition of outdoor dining for the City; program scope in terms of eligible businesses and locations, program regulations (e.g., permit process, occupancy, operating hours, permit duration, enforcement mechanism, design standards, etc.), and the preferred program vision.
The preferred program vision is a potential solution to the long-term outdoor dining program that stemmed from community and task force input, as well as interdepartmental discussions. The preferred program vision consists of three main components, which include widening sidewalks along select streets; reconfiguring on-street parking spaces; and identifying public flex spaces with public- serving amenities throughout Downtown and North Manhattan Beach. After considering the conceptual plan and a Rough Order of Magnitude (ROM) cost estimate prepared in-house, the City Council approved developing preliminary plans to further assess the technical and financial feasibility File #: 25-0087, Version: 1
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of the preferred program vision.
Based on the preliminary plans, sidewalks would be widened by four to nine feet (depending on location) into the vehicular right-of-way, which will result in five to eight-foot-wide sidewalk dining areas in front of the establishment. Accommodating the wider sidewalks by reconfiguring, removing, or adding on-street parking spaces to comply with ADA requirements in the public right-of-way will result in a net loss of seven on-street parking spaces. However, the peak parking occupancy (89%) is expected to be less than that experienced today (94%) despite the loss of parking spaces and increased parking demand resulting from increased outdoor dining seating because of the bundle of parking strategies proposed by the consultant team.
The cost to design, engineer, and construct the preferred program vision is estimated to be approximately $13 million. Due to many street segments in the preliminary plans that are heavily visited, the consultant team proposed a conceptual construction phasing plan. With 11 phases proposed, construction is anticipated to take up to 16 months if phases are combined, and each phase is built consecutively. However, intermittent breaks during busy periods throughout the year will be required between different phases in Downtown, extending the overall completion timeframe.
Project phasing will also depend on the availability of funds, as described in the ‘Potential Funding Sources’ section in this report. Once the timing and scope of implementation is determined, further research on potential funding sources will be conducted.
The fiscal impact analysis on the temporary outdoor dining program found that there was a substantial positive correlation between outdoor dining, sales tax (both restaurants and retailers), and parking revenue increases. Despite repurposing 57 on-street parking spaces to accommodate temporary outdoor dining, the City’s net fiscal gain from the temporary program was estimated to be $336,500 - $447,000 per year. Conversely, there was a decrease in sales tax and parking revenue when the temporary program ended and on-street parking spaces returned. With the preferred program vision, the City’s yearly net fiscal gain is expected to be 16 to 37 percent greater than that of the temporary program due to sidewalk dining use fees, which were waived during the temporary program, and due to the minimal loss of on-street parking spaces.
The fiscal impact analysis noted that the positive impacts of outdoor dining went beyond sales revenue, with benefits to the community and culture in Manhattan Beach as a whole. Various community outreach efforts echoed some of the same sentiment, however, concerns were also raised on the negative impacts associated with outdoor dining as well. As a first step to balance the two and continue developing the program without committing additional resources, the City may initiate code amendments related to existing outdoor dining regulations to update the operational standards with task force recommendations. In addition, other elements of the preferred program vision, such as the public flex space improvements and parking strategies, may be implemented as a separate effort in the event the City Council does not wish to pursue the full preferred program vision at this time.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action of providing direction.
Codifying recommendations from the outdoor dining task force will incur costs associated with staff time. Additional resources necessary to codify the recommended regulations will be provided by the outdoor dining consultant, Moore Iacofano Goltsman, Inc. (MIG), through the existing Professional Services Agreement (PSA) approved on June 6, 2023 and amended on April 16, 2024 for a total not City of Manhattan Beach Printed on 4/4/2025Page 2 of 14 powered by Legistar™
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to exceed amount of $491,727. Should the City Council desire to proceed with implementing the full scope of the preferred program vision, the project will require appropriating approximately $13 million in the future. Upon amending the code and receiving certification from the California Coastal Commission (CCC), the next step in implementing the preferred program vision would be to prepare construction documents, which will require identifying funding source(s) and appropriating additional funds in the amount of approximately $3 million of the $13 million estimated.
BACKGROUND:
Between June 2020 and February 2023, the City allowed for temporary outdoor placement of a variety of uses in response to COVID-19 protocols that restricted indoor operations. On August 24, 2021, the City Council directed staff to pursue a work plan item to study a long-term program for outdoor dining and business uses as the focus gradually shifted from a temporary program to one in a post-pandemic era. On July 5, 2022, the City Council also directed staff to form a 15-member ad hoc task force to assist in the long-term program development process, which was completed on April 4, 2023. On May 1, 2023, the first outdoor dining task force meeting kicked off with 15 meetings conducted.
On June 6, 2023, the City Council approved a contract with MIG to assist the City in specialized subject areas of developing the long-term program so as to expedite the development process and supplement the necessary resources that are currently not available in-house.
On September 5, 2023, the first status update report was presented to the City Council. The report included the task force-recommended program scope, a Minor Local Coastal Program amendment option, and potential contract revisions with MIG to conduct a statistically accurate community survey and alternative traffic pattern analysis. At the time, the City Council determined that the contract revision was not warranted.
On February 20, 2024, a second status update report was presented to the City Council. The report included community outreach efforts conducted; the preferred program vision for the long-term outdoor dining program; options for the walk street commercial corners east of Manhattan Avenue at 10th Street; and potential amendments to MIG’s contract to develop preliminary plans. Following discussions, the City Council directed staff to report back with a ROM estimate for the preferred program vision and confirmed that the task force need not explore other design alternatives during the interim.
On April 16, 2024, a third status update report was presented to the City Council. The report included the requested ROM estimate and related amendments to MIG’s contract to develop preliminary plans, as well as the outdoor dining task force recommendations on live outdoor entertainment/amplified music and enforcement mechanisms. At the time, the City Council approved amending MIG’s contract and took no action on the task force’s recommendations.
On October 1, 2024, a fourth status update report was presented to the City Council. The report included a proposal for a pilot project to test out the preferred program vision’s concept with a modular system along one block of Manhattan Avenue in Downtown. Due to other competing interests for resources, including Parking Lot 3, and the uncertainty of the sales tax measure ballot at the time, the City Council directed staff to take no further action.
DISCUSSION:
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Preliminary Plan Development
The preferred program vision for long-term outdoor dining consists of widening sidewalks along select streets (Manhattan Avenue, Manhattan Beach Boulevard, and Highland Avenue); reconfiguring on-street parking spaces; and identifying public flex spaces with public-serving amenities throughout Downtown and North Manhattan Beach. The vision stemmed from community and task force input as well as inter-departmental discussions, to develop a potential solution that can help achieve the objective of balancing residents’ quality of life and providing outdoor dining opportunities, where appropriate in the context of the City’s built environment.
The purpose of the preliminary plans was to more accurately assess the technical and financial feasibility of the conceptual plans drawn in-house for the preferred program vision and inform the preparation of construction documents in the future. The preliminary plans developed by MIG identified sidewalk dining areas adjacent to 34 existing Eating and Drinking Establishments who expressed interest in the sidewalk dining opportunity. To accommodate this, the plans propose widening sidewalks between four to nine feet into the vehicular right-of-way (depending on location), which will result in five to eight-foot-wide sidewalk dining areas (again, location-dependent) running the length of the façade immediately adjacent to the establishments. The plans would require on- street parking spaces to be reconfigured, removed, or added to comply with ADA parking requirements in the right-of-way, resulting in a net loss of seven spaces (five in Downtown and two in North Manhattan Beach). It should be noted that nine of the on-street parking spaces that were proposed to be added by this concept have already been implemented in part by the additional temporary spaces created in Downtown following the closure of Parking Lot 3.
Cost Estimate
Based on the preliminary plans, MIG established a cost estimate for the project of approximately $13 million ($11 million for Downtown and $2 million for North Manhattan Beach). This estimate includes costs related to design, engineering, construction, and contingencies, and has been broken down into different street segments clustered in Downtown and North Manhattan Beach that can be used to phase the construction. Due to the preliminary plans, MIG’s estimate provides a more accurate accounting than the ROM estimate prepared by staff and presented at the April 16, 2024, City Council meeting. At that time, the ROM estimate was in the order of $7.5 million to $12.5 million.
MIG’s estimate includes several additional items related to grading activities required for sloped streets, multiple phases of construction, and more conservative costs for public flex spaces that added to the overall costs. After adjusting the ROM estimate to account for items that were omitted or assumed in different quantities (creating a more “apples-to-apples" comparison), it resulted in approximately $12 million, which is within the expected accuracy range (-15 percent to +30 percent) established by the Association for the Advancement of Cost Engineering (AACE International) for this level of cost estimate. If similar improvements to maintain a consistent aesthetic character were made on the opposite side of streets where sidewalk widening is proposed (albeit without widened sidewalks), the total project cost would increase by approximately $8 million, consistent with what was identified as part of the ROM cost estimate.
Conceptual Construction Phasing Plan
A conceptual construction phasing plan was prepared to account for the various street segments that are part of the preferred program vision in areas of Downtown and North Manhattan Beach that are heavily visited. There are 11 potential phases (eight in Downtown and three in North Manhattan Beach) proposed which intended to minimize impacts of construction by focusing on one side of the City of Manhattan Beach Printed on 4/4/2025Page 4 of 14 powered by Legistar™
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street at a time, combining areas of work at intersections where crosswalks will be relocated, and reducing the need for interim improvements. Although there are 11 phases proposed, each phase may be a standalone project or combined with one another depending on the circumstances and funding availability.
In general, the overall construction timeframe and phasing will depend on multiple factors such as the time of year, contractor, and funding. Based on staff’s empirical knowledge, the entire effort to build the project is estimated to take up to 16 months. This is assuming that the three phases in North Manhattan Beach can be combined into one and completed in six to eight weeks; and separate phases in Downtown can be constructed consecutively by overlapping with adjacent blocks which will take 10-14 months. However, it should be noted that construction activities in Downtown are limited to certain months throughout the year to avoid busy periods between Memorial Day and Labor Day, and the holiday season. As such, there will be intermittent breaks to the estimated 10-14 months of construction in Downtown, resulting in an extended completion date.
Outreach to Potential Business Participants
In July 2024, staff conducted outreach targeted to 37 businesses that were identified in the conceptual plan that may benefit from the enhanced sidewalk dining opportunity. The objective of the outreach was to gauge their interest in the preferred program vision and solicit input on the design of the sidewalk dining area fronting their establishment as the preliminary plans were being developed.
Based on input received, most businesses were largely supportive of the concept, dependent on necessary investment required to participate. However, three businesses (Café Wild, Izakaya, and a currently vacant tenant space at 125 Manhattan Beach Boulevard) expressed no interest in participating due to financial or other operational factors.
In October 2024, a subsequent outreach was conducted to the 34 businesses who expressed interest, as well as to property owners of the buildings in which the establishments occupied. The outreach was intended to receive input on their willingness to financially contribute to the build-out, as their business will likely benefit from the improvements. The contents of the outreach included the overall cost to implement the program and an individual cost per establishment based on the necessary improvements to create their respective sidewalk dining areas (including utility relocation, sidewalk expansion, and associated design and engineering costs). The individual costs for establishments averaged approximately $143,000, totaling $4.9 million for all 34 businesses, which represents approximately 37% of the overall project cost estimate. Based on input received, 18 of the 34 businesses were still interested in seeing the project come to fruition. Most did not provide a specified amount they may be able to contribute as it was difficult to determine the return on their investments. On the other hand, some noted that they may be able to contribute between $10,000 and $60,000, generally corresponding to the size of their business. Regardless, there was input from numerous establishments that requested consideration of payment plans over time and waiver of sidewalk dining use fees until they can recover their investments. Establishments that were no longer interested cited that the figure was cost prohibitive; there was uncertainty with their leases; or the business was not profitable enough to invest in expansions.
Additionally, two property owners provided input during the outreach process. Neither anticipated a significant benefit in contributing to the build-out from a landlord’s perspective due to the uncertainty of return on investments in the near-term. Specifically, they stated that, while establishments can reap financial gains in the short-term with their expanded operations, it takes much longer for landlords to realize the gain because rents cannot be easily raised to market rates and there is no City of Manhattan Beach Printed on 4/4/2025Page 5 of 14 powered by Legistar™
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guarantee on when, if any, property value will increase in proportion to their investments.
Potential Funding Sources
In addition to the cost estimate generated from the preliminary plans, several funding sources were recommended by MIG to assist the City in implementing the preferred program vision. Local funding options include incorporating the project into the Capital Improvement Program (CIP) and constructing it over time, or issuing bonds to finance the project more efficiently, albeit with long-term repayment obligations as discussed in the April 16, 2024, City Council staff report. Other potential funding sources would be through regional, State, federal, or non-profit/private grant opportunities.
Since grants are administered by different agencies/organizations and have different evaluation criteria and terms, each application would need to be customized to highlight certain elements of the project to align with the objectives of the specific grant. Given that the timing and scope of implementation is undetermined at this time, no specific funding sources have been identified because grant opportunities and requirements change regularly. Additional research to identify specific funding sources will be conducted if the City Council opts to move forward with the preferred program vision.
Fiscal Impact Analysis
The consultant team conducted stakeholder interviews from December 2023 through April 2024, that included both the residential and business community. The information obtained from the stakeholder interviews was also used in their fiscal and economic impact findings. The analysis focused on areas where outdoor dining was most active (Downtown and North Manhattan Beach) by comparing Q2-Q3 of 2022 (when the pandemic-related temporary outdoor dining program was in effect) to the same period in 2023 (when the temporary program was no longer in effect) to understand the impacts of the temporary outdoor dining program on sales tax and parking revenue.
Based on their findings, there was a substantial positive correlation between outdoor dining, sales, and parking revenue increases. Specifically, the temporary outdoor dining program yielded not only additional sales tax from restaurants and retailers, but it also generated more overall parking revenue despite repurposing 57 on-street parking spaces to temporary dining decks. Conversely, sales tax and parking revenue declined and underperformed compared to Citywide and Countywide trends after the temporary outdoor dining program ended. The analysis suggests that the loss of outdoor dining space led to fewer patrons visiting and parking, resulting in a revenue decrease from City- owned parking lots (12.4% or $243,600) that exceeded the increased parking revenue generated by the on-street parking spaces (7% or $79,000) that returned.
Overall, the City’s net fiscal gain from utilizing 57 on-street parking spaces during the temporary outdoor dining program generated $336,500 - $447,000 per year. Based on the preferred program vision, it is estimated that the City’s net fiscal gain will be greater by 16 to 37 percent even though less seating (580) is proposed to be created. This is due to including the sidewalk dining use fee, which was waived during the temporary program, and the fact that only seven on-street parking spaces will be removed, instead of 57 during the temporary program. In addition, they noted that the positive impacts went beyond sales with benefits to the community and culture in Manhattan Beach as a whole.
Parking Strategy Analysis
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analyzed strategies to alleviate potential parking issues in Downtown and North Manhattan Beach.
The basis of the analysis used industry standards with the most conservative approach, field observations, and parking data collected during peak summer periods in 2023. The various strategies were grouped into three categories:
1) Programmatic: Policy changes or initiatives that affect parking supply or demand 2) Design/Spatial: Changes to the built environment that affect parking supply or demand 3) Transportation demand management (TDM): Strategies to maximize a traveler’s choice to reduce vehicle miles traveled and improve traffic congestion
Since no single strategy will be as effective alone in addressing additional parking demand, a bundle of strategies was recommended by the consultant team (shown in the table below) that focused on encouraging multimodal access, increasing the supply of on- and off-street parking spaces, maximizing the use of outdoor dining spaces, and relocating demand for long-term parking. With the bundle of strategies recommended, it is anticipated that the peak parking occupancy under the long- term outdoor dining program (89%) would be lower than that experienced today (94%). The analysis took into account the increased dining occupancy, net loss of seven on-street parking spaces, and a potential loss of 40 off-street parking spaces in Parking Lot 3 if it is rebuilt to its previous height and footprint. (This is because additional space will be needed on the Parking Lot 3 site to comply with updated building code and accessibility requirements.) Notwithstanding the anticipated increase in demand and reduction in supply noted above, the parking strategy analysis identified the potential to increase the supply through additional street modifications (restriping parallel to angled spaces), shared parking on private lots with different peak-hour parking demands, valet parking, and additional off-street parking opportunities. Furthermore, parking demand was estimated to decrease with quantifiable trip reduction factors from on-demand shuttles and additional bike parking opportunities, all of which resulted in a lower future peak parking occupancy rate. While the impacts were not quantified, bike valet and wayfinding signs are additional strategies that can help with further managing parking demand.
Strategy Desired Outcome Timeline Implementation Cost
Street Modifications On-street parking Mid-term $$ (one-time; higher if (Design/Spatial) supply increase hardscaped)
Shared Parking Increase supply and Short-term $ (continuous) (Programmatic) relocate long-term
parking demand
Valet Increase supply and Short-term $ (continuous)
(Programmatic) relocate short/long-
term parking
demand
Additional Off- Relocate demand Long-term $$$ (one-time) Street Parking for long-term
(Design/Spatial) parking to a parking
garage
On-Demand Encourage multimodal Mid-term $$$ (continuous) Shuttle (TDM) access and decrease
Bike Parking parking demand Short-term $$ (one-time)
(Design/Spatial)
Bike Valet (TMD) Short/Mid- $$ (continuous)
Wayfinding Relocate demand Short-term $$ (one-time)
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Strategy Desired Outcome Timeline Implementation Cost
Street Modifications On-street parking Mid-term $$ (one-time; higher if (Design/Spatial) supply increase hardscaped)
Shared Parking Increase supply and Short-term $ (continuous) (Programmatic) relocate long-term
parking demand
Valet Increase supply and Short-term $ (continuous)
(Programmatic) relocate short/long-
term parking
demand
Additional Off- Relocate demand Long-term $$$ (one-time) Street Parking for long-term
(Design/Spatial) parking to a parking
garage
On-Demand Encourage multimodal Mid-term $$$ (continuous) Shuttle (TDM) access and decrease
Bike Parking parking demand Short-term $$ (one-time)
(Design/Spatial)
Bike Valet (TMD) Short/Mid- $$ (continuous)
Wayfinding Relocate demand Short-term $$ (one-time)
(Design/Spatial) for long-term parking
Bike Parking Opportunities
As part of the parking strategy analysis, potential locations ideal for bike facilities were identified, which considered avoiding prime locations with scenic views and busy streets and/or sidewalks that may add to the congestion. Based on the criteria, five viable options (four in Downtown and one in North Manhattan Beach) were identified, as follows:
1) Off-street at the US Bank site’s landscaped area near the intersection of Manhattan Beach Boulevard and Morningside Drive.
2) On-street area fronting Katwalk at 314 Manhattan Beach Boulevard. 3) Off-street on the upper level of Parking Lot 4 in North Manhattan Beach, adjacent to The Ryan Law Group.
4) Off-street at Metlox along Morningside Drive, between Waterleaf and Nick’s 5) Off-street along Morningside Drive, adjacent to Vuori.
Task Force Recommendations and Operational Standards
The City facilitated 15 outdoor dining task force meetings over the course of 16 months that included a series of informational sessions and discussions amongst the task force members. A summary of each meeting’s agenda topic is provided in the table below, followed by a brief overview of the task force consensus and recommendations.
Meeting Date Agenda
May 1, 2023 Program scope; visioning exercise; and a strengths, weaknesses, opportunities, and threats (SWOT) analysis
May 30, 2023 Living streets design manual, (rescinded) Downtown Specific Plan, outdoor dining case studies (City of San Diego and Capitola)
June 27, 2023 Code considerations (fire, building and safety, public works, and traffic)
July 25, 2023 Program scope refinement and overview of required code Amendments
August 29, 2023 Provisions related to outdoor dining operations (hours, alcohol service, occupancy, etc.)
September 26, 2023 Overview of Downtown and North Manhattan Beach parking data analysis
October 24, 2023 Community outreach summary, outdoor dining definition, and targeted outreach scope for walk street commercial corners, design guideline elements
December 12, 2023 Targeted walk street resident outreach summary, introduction of the preferred program vision, and considerations for public realm development
January 23, 2024 Conceptual plan review of the preferred program vision; overview of provisions related to live entertainment, music, and vehicle loading
February 27, 2024 Live outdoor entertainment and amplified music, waste management, and enforcement mechanism
March 28, 2024 2nd floor outdoor dining regulations and public flex space Amenities
April 23, 2024 2nd floor outdoor dining regulations and public flex space recommendations by location
May 28, 2024 2nd floor outdoor dining regulations, vehicle loading regulations, and administrative process
July 9, 2024 Overview of task force consensus/recommendations to date and consideration of outstanding items
August 27, 2024 Parking analysis and strategies to accommodate the proposed increase in dining capacity
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Meeting Date Agenda
May 1, 2023 Program scope; visioning exercise; and a strengths, weaknesses, opportunities, and threats (SWOT) analysis
May 30, 2023 Living streets design manual, (rescinded) Downtown Specific Plan, outdoor dining case studies (City of San Diego and Capitola)
June 27, 2023 Code considerations (fire, building and safety, public works, and traffic)
July 25, 2023 Program scope refinement and overview of required code Amendments
August 29, 2023 Provisions related to outdoor dining operations (hours, alcohol service, occupancy, etc.)
September 26, 2023 Overview of Downtown and North Manhattan Beach parking data analysis
October 24, 2023 Community outreach summary, outdoor dining definition, and targeted outreach scope for walk street commercial corners, design guideline elements
December 12, 2023 Targeted walk street resident outreach summary, introduction of the preferred program vision, and considerations for public realm development
January 23, 2024 Conceptual plan review of the preferred program vision; overview of provisions related to live entertainment, music, and vehicle loading
February 27, 2024 Live outdoor entertainment and amplified music, waste management, and enforcement mechanism
March 28, 2024 2nd floor outdoor dining regulations and public flex space Amenities
April 23, 2024 2nd floor outdoor dining regulations and public flex space recommendations by location
May 28, 2024 2nd floor outdoor dining regulations, vehicle loading regulations, and administrative process
July 9, 2024 Overview of task force consensus/recommendations to date and consideration of outstanding items
August 27, 2024 Parking analysis and strategies to accommodate the proposed increase in dining capacity
Program Vision
The definition of outdoor dining in the City’s context reflects the vision that emerged from the task force kick-off meeting as well as community outreach efforts. The task force-recommended definition of “outdoor dining” is:
Open air “al fresco” dining on public and private property, in which the experience:
· Allows for opportunities to enjoy the pleasant weather and scenic ocean views · Promotes a sense of community and interaction with others · Enhances the ambiance and small-town character of Manhattan Beach · Balances community vibrancy with residential quality of life Proposed Program Scope
1) Business use : Eating and Drinking Establishments only 2) Location
- Public property: Downtown and North Manhattan Beach only; limited to sidewalk dining (not within the roadway)
- Private property: Citywide; on excess parking spaces, underutilized open spaces, and second floor decks that do not face residential uses and have a minimum 15-foot buffer. 3) Public flex space improvements (i.e., street furniture, bike facilities, landscape, hardscape, etc.) in Downtown and North Manhattan Beach, which may cater to Food and Beverage Sales uses as well as visitor-serving amenities to balance privatization of public spaces for commercial outdoor dining. Public flex space locations at major intersections (i.e., along Manhattan Avenue, Manhattan Beach Boulevard, and Highland Avenue) are to incorporate similar amenities and landscaping for uniformity.
4) Walk street commercial corners :
There are 15 commercially-zoned parcels located at the corner of walk streets where the public right-of-way within the walk street were proposed as potential outdoor dining areas. However, due to the strong opposition received during the targeted outreach to residents on blocks where parcels described above are situated, the use of the walk street commercial corners for outdoor dining was no longer recommended.
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the east side of Manhattan Avenue at 10th Street, as residential uses are not immediately adjacent to the walk street commercial corners, which is the case for all other parcels considered. Specifically, the walk street commercial corners between Uncorked and Manhattan Denim are uniquely situated with a buffer between the commercial corners along Manhattan Avenue and the multifamily residences at the opposite end of the block near Bayview Drive.
Based on their input, staff presented the following options to the City Council at its February 20, 2024, meeting, at which time no action was taken:
i) Maintain the status quo of prohibiting commercial use of walk streets. ii) Same as Option No. 1 above but with public-serving amenities developed along the walk streets as public flex space.
iii)Amend the Manhattan Beach Municipal Code (MBMC), General Plan, and Manhattan Beach Local Coastal Program (MBLCP) to allow private commercial use of this specific walk street for outdoor dining in lieu of sidewalk dining in front of the establishment. By doing so, additional sidewalk widening and alteration of the existing landscaped area along this segment of the street would not be necessary.
Proposed Program Regulations
1) Permit process : Administrative, staff-level decisions, including instances when alcohol service is requested in the outdoor dining area.
- Duration
: Perpetual, unless there is a change in ownership or the permit is revoked; yearly renewals required to ensure compliance with all applicable requirements. - Deviations: Requests to deviate from the outdoor dining regulations would be reviewed by the Parking and Public Improvements Commission (PPIC) for sidewalk dining and the Planning Commission (PC) for private property outdoor dining.
- Revocation
: Permits would be revoked using the three strikes and out rule if three violations occur within a one-year period, and permit holders would be prohibited from reapplying for one -year subsequent to the revocation.
2) Occupancy : Net increase in dining occupancy (seating area) would be allowed if an adequately sized trash enclosure is provided on private property and appropriate levels of service for pick-up are available, both of which will be reviewed with applicable provisions at the time, prior to permit issuance by the Public Works Department. In addition, bussing stations would be prohibited in outdoor dining areas.
3) Live outdoor entertainment and amplified music : Existing permits (i.e., Entertainment Permit and Amplified Sound Permit) would be used to allow such activities from 9 a.m. to 10 p.m.; enforcement would be subject to the “reasonable person test” in MBMC Section 5.48.140 (Noise Disturbance)
- Sidewalk dining
: Live entertainment would be limited to special events only and speakers for amplified music shall be placed on private property.
- Private property outdoor dining: Both activities would be allowed with permits; however, they would be prohibited on second floor decks, including areas not fully enclosed, on the same level. It should be noted that for second floor outdoor dining, the applicant would be required to incorporate noise mitigation measures into their design based on a menu of options recommended by the consultant team.
4) Hours of operation : Service would be allowed until 10 p.m., with the area cleared by 10:30 p.m., for sidewalk dining, second floor dining decks, and other private property outdoor dining within 150 feet of residential uses. Private property outdoor dining areas (except second floor decks) more than 150 feet away from residential uses would be subject to Use Permit conditions.
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5) Design standard :
- No regulations are recommended on the type and color of chairs, tables, or other associated appurtenances.
- No branding or identification signs would be allowed on barrier/fencing or shade structures. - Vertical clearance and horizontal projections of the shade structure would be governed by the California Building Code.
- Sidewalk dining:
•Barrier/fencing materials would be restricted to wood, metal, or composite materials no taller than 42 inches in height that are at a minimum 50 percent open to light and air. •Heaters would be limited to natural gas and electrical devices. •Umbrellas would be prohibited on the ground floor of streets along the east-west direction (e.g., Manhattan Beach Boulevard); retractable awnings would be preferred. - Private property outdoor dining
:
• No restrictions are recommended for heaters, including propane heaters. • Roof/shade structures would be allowed at the discretion of the establishment. • Balcony projections into the right-of-way would continue to be prohibited for second floor dining decks.
6) Sidewalk dining use fee : A higher use fee than current levels ($3/sq.ft.) and a tiered use fee with incremental increases are recommended depending on the location and alcohol service as it correlates to more pedestrian traffic and/or sales revenue. For instance, the base fee would increase by a certain amount for establishments located in Downtown and/or if alcohol service is provided. Based on the consultant team’s analysis, they recommended that monthly fees should not exceed the average market rent for indoor retail space as it may discourage participation. At the time of their analysis in 2023-2024, the average market rent for indoor retail space in Downtown was $5/sq.ft. and North Manhattan Beach was $4/sq.ft. 7) Vehicle loading : Large vehicle loading activities in residential areas and on streets that are less than 36 feet in width would be prohibited from 11 p.m. to 4 a.m. (Sunday -Thursday) and 6 p.m. to 4 a.m. (Friday - Saturday). This provision will be applicable to all commercial loading activities and not limited to outdoor dining. (Note that current restrictions on loading activities in the MBMC are very limited without specific geographic areas identified) More information on each outdoor dining task force meeting, including the agenda, minutes, and PowerPoint slides, can be found on the City’s outdoor dining webpage.
Code Amendment Initiation
Due to the emergency orders issued during the early stages of the pandemic, outdoor dining regulations were relaxed to spur economic activity and allow businesses to stay afloat. This includes expansion of outdoor dining capacity, relaxation of regulations related to alcohol sales and service, expanded use of the public right-of-way for outdoor dining, and others. Since that time, some regulations have been dialed back, as is evident with the City’s elimination of on-street dining decks.
Other regulations, particularly those established by the State (AB1217) for expanded alcohol service in outdoor dining areas and waiver of local parking requirements, are set to expire in July 2026. In order to continue the outdoor dining program in its current form, it is necessary to prioritize amendments to the existing outdoor dining regulations in the MBMC and MBLCP. By doing so, the code amendments will, at a minimum, serve as an alternative to the preferred program vision without losing sight of recommendations from the task force that are crucial in making improvements to the City’s outdoor dining landscape.
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If initiated, proposed amendments will focus on operational standards that reflect current operations as well as a number of task force recommendations related to net occupancy, alcohol service (subject to the State Alcoholic Beverage Control), live entertainment and amplified music, and second floor outdoor dining decks. Procedurally, proposed regulations will be presented to the PPIC and PC for their review and recommendation, prior to City Council’s consideration of adopting the code amendments. Additional information on this option as an alternative to the preferred program vision is provided in the ‘Next Steps’ and ‘Direction Needed’ sections below which are closely tied to alternatives for the identified public flex space improvements and parking strategies.
Community Workshop No. 2
On January 27, 2025, the City conducted its second community workshop to provide an update on the program development. The workshop was attended by approximately 30 community members who provided input on the preferred program vision, task force-recommended regulations, and parking strategies. The informational session included a presentation and exhibits in an open house format for the public to ask questions and provide input. In general, the participants were largely supportive of the preferred program vision; and the task force recommended regulations pertaining to the streamlined permit process, waste management, occupancy increase, permit duration, enforcement mechanism, tiered sidewalk use fee, and design elements. Conversely, there were questions and concerns on the estimated cost to build out the improvements; noise and nuisance issues that may arise from public flex spaces near residential uses; effectiveness of the reconfigured parking spaces and strategies proposed to alleviate parking demand; and loss of parking supply and narrower street lanes that result from wider sidewalks.
Next Steps
In light of other major projects in the City that require additional resources and attention, the Council may consider taking action on parts of the program development that could proceed without providing the physical improvements associated with the preferred program vision. As previously mentioned, amendments to the MBMC and the MBLCP can be initiated to incorporate elements from the task force recommendations to address operational standards related to outdoor dining in the public right- of-way and encourage use of private property for outdoor dining activities. In addition, the public flex space concept can become a project in the CIP (separate from the larger, preferred program vision) to help future efforts in activating Downtown and North Manhattan Beach. Furthermore, parking strategies recommended by the consultant team can be utilized to address parking issues associated with the closure of Parking Lot 3 regardless of any action being taken on the preferred program vision.
If the City Council desires to continue developing the preliminary plans, the MBMC and MBLCP amendments necessary to implement the task force’s operational recommendations will still be required, though the actual code language may be tailored so that it is more specific to the preferred program vision. Following adoption of the MBMC, the MBLCP amendments will be submitted to the CCC for certification. Upon receiving certification from the CCC, the City will process a blanket Coastal Development Permit (CDP) for outdoor dining activities in the Coastal Zone which will eliminate the need for individual CDPs by participating businesses. At that time, the City will also work on preparing construction documents and planning for build out of the preferred program vision in phases as funding becomes available.
DIRECTION NEEDED:
Based on the discussion, staff requests City Council direction on the following matters:
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1. Options regarding the commercial walk street corner on the east side of Manhattan Avenue at 10th Street to either:
a) Continue prohibiting commercial use of walk streets (maintain status quo); b) Continue prohibiting commercial use of walk streets but pursue public flex space improvements for the benefit of the general public; or
c) Amend the Municipal Code, General Plan, and MBLCP to allow for commercial use of walk streets limited to outdoor dining in this specific area and prohibit sidewalk dining along the frontage of the Eating and Drinking Establishment.
2. Future direction on the long-term program development with either option below:
a) Continue developing the preferred program vision for future build out. b) Proceed with an alternative with no sidewalk widening, which would limit sidewalk dining opportunities for businesses on sloped streets. This alternative would entail:
i) code amendments to update the existing operational standards with task force recommendations.
ii) public flex space improvements incorporated into an existing or new CIP project. iii) identification of parking strategies from the recommended bundle that should be pursued in consideration of other projects related to parking.
c) Take no action. It should be noted that relief for expanded alcohol service and parking waivers related to outdoor dining areas will expire in July 2026, unless extended by the State.
PUBLIC OUTREACH:
An announcement was made at the end of the January 27, 2025, second community workshop presentation that a special meeting was being planned for, including an email to task force members with the same contents on January 28, 2025. A courtesy notice was published in The Beach Reporter on February 27, 2025, and an email was sent out to all interested parties, including task force members, notifying them of the scheduled discussion before the City Council. Additionally, this report will be uploaded to the City’s dedicated outdoor dining webpage. As of the writing of this report, staff received no public comments.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has 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 activity is not subject to CEQA. Thus, no environmental review is necessary. However, the long-term outdoor dining program as well as the associated code and policy amendments are subject to CEQA and will be analyzed prior to said activities being brought back to City Council for consideration.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Preliminary Plans (Incl. Conceptual Construction Phasing Plan)
2. Preliminary Plan Cost Estimate
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3. Stakeholder Interview Memo
4. Fiscal and Economic Impact Findings
5. Parking Strategy Analysis
6. Community Workshop No. 2 Memo
7. Council Direction Matrix for Future Plans
8. Outdoor Dining Task Force Members and Alternates
9. Votes on Outdoor Dining Task Force Recommendations
10. Dates of Outdoor Dining Task Force Meetings and City Council Meetings Related to Outdoor Dining
11. City Council Status Update Report No. 1 (September 5, 2023)
12. City Council Status Update Report No. 2 (February 20, 2024)
13. City Council Status Update Report No. 3 (April 16, 2024)
14. City Council Status Update Report No. 4 (October 1, 2024)
15. PowerPoint Presentation
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Tuesday, March 11, 2025
6:00 PM
City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
City Council Chambers and Zoom
City Council Adjourned Regular Meeting
ELECTED OFFICIALS
Mayor Amy Thomas Howorth
Mayor Pro Tem David Lesser
Councilmember Joe Franklin
Councilmember Nina Trieu Tarnay
Councilmember Steve S. Charelian
Meeting Minutes - Draft
Amended Outdoor Dining Study Session
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March 11, 2025City Council Adjourned Regular
Meeting
Meeting Minutes - Draft
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 Howorth called the meeting to order.
PLEDGE TO THE FLAGB.
Maureen McBride led the Pledge of Allegiance.
ROLLCALLC.
Roll Call led by City Clerk Liza Tamura.
Mayor Howorth, Mayor Pro Tem Lesser, Councilmember Franklin, Councilmember Tarnay and Councilmember Charelian
Present: 5 -
APPROVAL OF THE AGENDAD.
A motion was made by Councilmember Franklin, seconded by Councilmember Tarnay, to approve the agenda. The motion carried by the following vote:
Aye: 5 - Howorth, Lesser, Franklin, Tarnay and Charelian Nay: 0
PUBLIC COMMENTS (3 MINUTES PER PERSON)E.
Mayor Howorth opened the floor to public comments.
Seeing no requests to speak, Mayor Howorth closed the floor to public comments.
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March 11, 2025City Council Adjourned Regular
Meeting
Meeting Minutes - Draft
1. 25-0087Consideration of:
a) Preliminary Plans to Implement the Long-Term Outdoor Dining Program Preferred Vision; and
b) Recommendations from the Outdoor Dining Task Force
(Acting Community Development Director Heise).
(Estimated Time: 3 Hr.)
DISCUSS AND PROVIDE DIRECTION
Acting Community Development Director Ryan Heise introduced Senior Planner Jaehee Yoon who provided the PowerPoint presentation.
Senior Planner Yoon, Traffic Engineer Erik Zandvliet and City Attorney Quinn Barrow responded to City Council questions.
Senior Planner Yoon continued with the PowerPoint presentation, Preferred Program Vision.
Traffic Engineer Zandvliet and Senior Planner Yoon responded to City Council questions.
Senior Planner Yoon continued with the PowerPoint presentation, Preferred Program Vision.
Senior Planner Yoon, Traffic Engineer Zandvliet and City Manager Talyn Mirzakhanian responded to City Council questions.
Senior Planner Yoon continued with the PowerPoint presentation, Preferred Program Vision.
Senior Planner Yoon, City Manager Mirzakhanian and Public Works Director Erick Lee responded to City Council questions.
Senior Planner Yoon continued with the PowerPoint presentation, Fiscal Impact Analysis.
Senior Planner Yoon, City Manager Mirzakhanian and Financial Services Manager Libby Bretthauer responded to City Council questions.
Senior Planner Yoon continued with the PowerPoint presentation, Parking Study Analysis.
City Manager Mirzakhanian, Senior Planner Yoon and Traffic Engineer Zandvliet responded to City Council questions.
Senior Planner Yoon continued with the PowerPoint presentation, Task Force Recommendations.
Senior Planner Yoon, Acting Community Development Director Heise, City Manager Mirzakhanian and Traffic Engineer Zandvliet responded to City Council questions.
F. GENERAL BUSINESS
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March 11, 2025City Council Adjourned Regular
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Senior Planner Yoon continued with the PowerPoint presentation, Task Force Recommendations, and responded to City Council questions.
At 7:42 PM, the City Council recessed and reconvened at 7:57 PM with all City Councilmembers present.
Senior Planner Yoon continued with the PowerPoint presentation, Code Amendment Initiation, and responded to City Council questions.
The PowerPoint presentation concluded.
Mayor Howorth opened the floor to public comments. The following individual(s) spoke:
Kristin Long Drew
Martha Andreani
Alexandra Smith
Suzanne Lerner
Carol Perrin
Mia Johansson
Niklas T.
George Kaufman
Kyle Ransford
Mike Zislis
Kathleen Smith
Seeing no further requests to speak, Mayor Howorth closed the floor to public comments.
A motion was made by Councilmember Franklin, seconded by Councilmember Tarnay, to proceed with Option 1b regarding the walk street commercial corner east of Manhattan Avenue at 10th Street by continuing to prohibit commercial uses while exploring public flex space improvements to benefit the community.
The motion carried by the following vote:
Aye: 5 - Mayor Howorth, Mayor Pro Tem Lesser, Franklin, Tarnay and Charelian Nay: 0
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March 11, 2025City Council Adjourned Regular
Meeting
Meeting Minutes - Draft
City Manager Mirzakhanian and Senior Planner Yoon responded to City Council questions.
City Council directed staff to not proceed with developing the preferred program vision and to initiate code amendments based on the Outdoor Dining task force recommendations related to operational standards, with further consideration to revise the proposed vehicle loading hours, limit live outdoor entertainment and amplified music, and explore a tiered sidewalk dining use fee system with increased fees.
Staff was also directed to defer the sidewalk widening, including public flex space improvements, and revisit as a potential future Capital Improvement Program project. No direction was provided on identifying parking strategies to implement at this time.
ADJOURNMENTG.
At 9:32 PM, Mayor Howorth adjourned the meeting to the March 18, 2025, Adjourned Regular City Council Meeting at 5:00 PM.
_____________________________
Breana Contreras
Recording Secretary
_____________________________
Amy Thomas Howorth
Mayor
ATTEST:
_____________________________
Liza Tamura
City Clerk
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