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Resolution No. 25-0141

Manhattan Beach City Council
December 2, 2025

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Resolution No. 25-0141
Meeting
December 2, 2025
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Manhattan Beach City Council
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RESOLUTION NO. 25-0141

RESOLUTION OF THE MANHATTAN BEACH CITY

COUNCIL ADOPTING THE OUTDOOR DINING

GUIDELINES PREPARED AS PART OF THE LONG-TERM

OUTDOOR DINING PROGRAM DEVELOPMENT

THE MANHATTAN BEACH CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

SECTION 1. 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. As the focus gradually shifted from a temporary program to one in a post -pandemic era, a work plan effort to establish a long -term outdoor dining program (the “Program”) was created.

SECTION 2. On March 26, 2025, the City Council directed staff to initiate code amendments to the existing outdoor dining regulations in the Manhattan Beach Municipal Code (“MBMC”) and the Manhattan Beach Local Coastal Program (“MBLCP”) to implement the Program.

SECTION 3. The outdoor dining guidelines supplement the related outdoor dining ordinance by providing additional user-friendly guidance on design and operational standards for sidewalk dining and private property outdoor dining.

SECTION 4. On October 8, 2025, the Planning Commission held a duly noticed public hearing where the outdoor dining guidelines were considered; and on October 22, 2025, the Planning Commission adopted Resolution No. PC 25-12, recommending that the City Council adopt the proposed outdoor dining ordinance and associated guidelines for private property outdoor dining.

SECTION 5. On November 18, 2025, the City Council held a duly noticed public hearing and introduced Ordinance No. 25-0013 to amend the MBMC and MBLCP to implement the Program, and adopted Resolution No. 25 -0129, approving a Negative Declaration for the project prepared pursuant to the California Environmental Quality Act.

SECTION 6. On December 2, 2025, the City Council adopted Ordinance No. 25- 0013, amending the MBMC and MBLCP to implement the Program. The City Council also considered adopting associated resolutions including this resolution, establishing guidelines for sidewalk dining and private property outdoor dining.

SECTION 7. The City Council hereby adopts the outdoor dining guidelines as set forth herein as Exhibit “A” and rescinds the Downtown Second -Floor Outdoor Dining Guidelines adopted in January 2019. In addition, the City Council delegates authority to the Community Development Director to modify the guidelines, as needed from time to time, to further the objectives of the Program in balancing residents’ quality of life and 1 of 60

providing adequate outdoor dining opportunities in the City.

SECTION 8. The outdoor dining guidelines shall become effective in areas outside of the Coastal Zone on the effective date of Ordinance No. 25 -0013, and to areas within the Coastal Zone upon certification of the MBLCP amendments by the California Coastal Commission.

SECTION 9. The City Clerk shall certify to the adoption of this Resolution.

ADOPTED on December 2, 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________

DAVID LESSER
Mayor

ATTEST:

______________________________

LIZA TAMURA
City Clerk

EXHIBIT
Exhibit A: Outdoor Dining Guidelines
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1 OUTDOOR DINING

GUIDELINES
Adopted by City Council
Resolution No. ______
Date: ______________
Private
Property
Outdoor
Dining
Only
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2 The City ’s outdoor dining ordinance has been updated to reflect outdoor dining operational needs which changed in response to COVID -19, and to create an optimal outdoor dining environment for residents and visitors alike. The ordinance is the cumulation of numerous community outreach efforts including the formation of the City ’s Outdoor Dining Task Force that worked to identify outdoor dining opportunities that are compatible with the character of Manhattan Beach, while enhancing the public realm and quality of life. More information on the long -term outdoor dining program development effort can be found on the City’s webpage at manhattanbeach.gov/outdoordining
Images in this document are shown for illustrative purposes only. While some of the images are from the City ’s temporary outdoor dining program implemented during COVID -19, many are of outdoor dining areas around the world where design requirements vary significantly. As such, some images may not comply with all aspects of the City ’s outdoor dining ordinance. Captions are utilized under photos to draw attention to the elements of importance that depict(s) provisions of the code. No outdoor element or condition shown within an image in this document shall be construed as automatically allowable under the City ’s outdoor dining ordinance.

DISCLAIMER
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3 1. INTRODUCTION 4
a. OUTDOOR DINING TYPE 6
b. ELIGIBLE BUSINESSES 7

2. APPLICATION 8
a. SUBMITTAL CHECKLIST 9
b. RENEWAL 10
c. ENFORCEMENT 10

3. DESIGN STANDARDS 11
a. PRIVATE PROPERTY OUTDOOR DINING 12

4. OPERATIONAL STANDARDS 14
a. PRIVATE PROPERTY OUTDOOR DINING 14

5. APPENDIX 16
a. OUTDOOR FACILITIES PERMIT GUIDELINE 17
b. SOUND ATTENTUATION GUIDELINE 19

CONTENTS
IN-
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4 INTRODUCTION
Not to Scale
Figure 1. Coastal Zone Map
Coastal
Boundary
Applicants should refer to this document to
familiarize themselves with the process,
requirements, and conditions to obtain the
necessary outdoor dining permit. This document is
intended to serve as guidance on the process and
requirements to obtain outdoor dining permits on
private property per Manhattan Beach Municipal
Code (MBMC) Section 10.60.080.

The updated outdoor dining ordinance took effect in
the City on _________, 2026, outside of the
Coastal Zone. For areas in the Coastal Zone, the
ordinance will take effect after the Manhattan
Beach Local Coastal Program (MBLCP)
amendments with the same provisions are certified
by the California Coastal Commission. Until the
MBLCP is certified, the existing provisions in
MBLCP Section A.60.080 will continue to apply in
the Coastal Zone. For additional assistance or
questions, please contact the Planning Division at
[email protected] or (310) 802-5520.

Manhattan
Beach
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5 INTRODUCTION
Outdoor dining in the City’s
context is defined as:

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; and
Balances community vibrancy with residential quality of life Res. 25-0141
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6 Outdoor Dining Type
Figure 2. Commercial Zoning District Map
Private Property Outdoor Dining
Private property outdoor dining is allowed in all commercial zoning districts throughout the City (See Figure 2 below) on existing open space, decks above the ground floor, or parking spaces in excess of the minimum required per MBMC Chapter 10.64/ MBLCP Chapter A.64. See MBMC Section 10.60.080- Outdoor facilities for more information.

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7 Eligible Businesses
Participation in the City’s outdoor dining program is largely limited to Eating and Drinking Establishments, which are defined in the MBMC Section 10.08.050(L) as:

Businesses serving prepared food or beverages for
consumption on or off the premises
Additionally, Food and Beverage Sales uses may participate in private property outdoor dining opportunities, which the MBMC Section 10.08.050(M) defines as:

Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens.

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8 APPLICATION
An applicant will be required to apply for an Outdoor
Facilities Permit for outdoor dining proposed on private property. The Outdoor Facilities Permit is issued
ministerially at the staff level when all requirements of the outdoor dining ordinance are met.

If a deviation is requested from the provisions of the outdoor dining ordinance, an Outdoor Facilities Permit would be referred to the Planning Commission (PC). However, deviations for live outdoor entertainment or amplified music on outdoor dining areas above the ground floor cannot be requested.

1. Application submittal
Applications must be submitted
through the City’s Citizen Self Service
(CSS) portal and must include all
submittal requirements on page 21
(See permit handout in Appendix 5.a).

2. Inter-Department Review
Once a formal application is received and fees are paid, staff will determine the completeness of the application and will route plans to various departments for review. If the submittal package is inconsistent with key requirements or lacks sufficient information, a resubmittal containing additional details or operational features may be required to address comments issued by staff.

3. Permit issuance*
Project specific conditions may be imposed and on-site inspections may be required depending on the characteristics of the outdoor dining area. * A separate permit with the State Alcoholic Beverage Control is required when alcohol service is proposed in the outdoor dining area.

Applicants must apply for
an ‘Outdoor Facilities
Permit’ on CSS.

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9 1. Site Plan/Elevation
Plans shall be drawn to show the dimensions of
the outdoor dining area and the layout of
furniture, including the number of outdoor dining
seats in relation to the maximum allowed
occupancy of the establishment.

2. Fees
• Fees are established by resolution of the City
Council and increase each fiscal year. See the
City’s website for the current fee schedule.

3. Other Permits
Consult with staff prior to submittal to determine
if additional permits (Building Permit, California
Department of Alcoholic Beverage Control, etc.)
are required for your project.

Submittal
Checklist
$
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10 Outdoor dining permits are tied to the business owner and are valid for a period of one (1) year or until March 1st, whichever occurs first, with annual renewals required to ensure compliance with applicable codes and standards.

Renewal
Outdoor dining above the
ground floor on private property
is NOT subject to annual
renewals.

Enforcement

1st Violation
Notice of Violation

2nd Violation
Administrative Citation No. 1

3rd Violation
Administrative Citation No. 2
>> Permit Revoked
• Permits shall be
revoked on the 3rd
violation, if it occurs
within one year of
the 1st violation.
• Once revoked, the
permittee will be
prohibited from
reapplying for an
outdoor dining
permit for one full
year from the date
the permit is
revoked.

Businesses that fail to comply with the outdoor
dining ordinance shall be subject to enforcement,
including potential revocation, as follows:

Within
One
Year
Period
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11 DESIGN STANDARDS
Proposed projects shall be consistent with all applicable standards including, but not limited to, the Americans with Disabilities Act (ADA), MBMC/MBLCP, and adopted Building and Fire Codes. If there is a conflict between any design standards in this document and applicable codes and regulations, the more restrictive provision shall apply, unless explicitly stated otherwise.

Private Property Outdoor Dining
Private property outdoor dining can take place in various forms on the ground level (e.g., excess off -street parking spaces, open spaces, courtyards, etc.) and generally within the building footprint.

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12 Heaters
• Natural gas or electrical heaters
are preferred over propane
heaters. Propane tanks cannot be
stored indoors or in the right -of-
way.
• Must be located at least 10 feet
from the entrance of the
establishment and entrance(s) of
adjacent business(es).

Shade Structures
• Roof and shade structures are
allowed at the discretion of the
permittee.
• Vertical clearance and horizontal
projections of the shade structure
shall be governed by the California
Building Code.
• Tensioned canopies or tents require
separate permits
Private Property Outdoor Dining
Propane heaters are approved as long as there is adequate storage for propane tanks on site.

Shade structures are at the discretion of the permittee; however, tensioned canopies require separate permits
• String lights above water features, candles, and torches are prohibited.
• Lighting fixtures must comply with applicable building code requirements and relevant plans must be prepared
by a licensed engineer.
• Lighting equipment that present tripping hazards or
requiring temporary electrical connections (e.g.,
extension cords) is prohibited.

Lighting
Code compliant light fixtures are
allowed with appropriate permits
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13 Furniture & Decor
• The type and color of furniture is not
regulated; however, materials must be
durable and of high -quality (e.g.,
wood, metal, or composite materials).
• Branding or identification signs are
prohibited on barrier/fencing or shade
structures.

Private Property Outdoor Dining
Balconies
Outdoor dining balconies over the
right-of-way are prohibited, unless
approved prior to adoption of these
guidelines and cannot be expanded
upon.

Furniture and décor are not regulated as long as the materials are of high-quality and durable.

Existing balconies with outdoor dining cannot further expand into the right-of-way.

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14 OPERATIONAL STANDARDS
Private Property Outdoor Dining
Hours
• Outdoor dining service must conclude
by 10:00 p.m., if located within 150 feet
of residential uses.
• Otherwise, hours of operation shall be
subject to entitlement conditions
associated with the establishment.

Occupancy
When utilizing existing indoor dining seats for
outdoor dining (i.e., no net increase in overall
occupancy), Public Works Department
review may not be required.

1. Refuse
For a net increase in occupancy, the Public
Works Department will review and approve
the request based on the availability of an
adequately sized trash enclosure on the
premises and service levels.

2. Parking
• Outdoor dining in off -street parking spaces
is allowed only when there is excess
parking available on site.
• Off-Street parking requirements in MBMC
Chapter 10.64 shall apply to the outdoor
dining area, unless approved prior to
adoption of these guidelines.
• Alternatively, a minimum of 5 bicycle
parking spaces may be provided on the
premises for each parking space required.

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15 OPERATIONAL STANDARDS
Location
• Outdoor dining areas above the ground
floor must not face and be located
within 15 feet from residential uses.
• Placement and quantity of dining tables
and chairs must match approved plans
during operations at all times.

Private Property Outdoor Dining
Amplified Sound & Entertainment
• Amplified sound and live entertainment
are allowed in ground floor outdoor
dining areas subject to permits pursuant
to MBMC Chapter 4.20 (Amusements -
dances and café entertainment) and
Chapter 5.48 (Noise regulations).
• Amplified sound and live entertainment
are prohibited in outdoor dining areas
above the ground floor, including areas
not fully enclosed on the same level.

Miscellaneous
• Sound attenuation guidelines (See
Appendix 5.c) must be incorporated into
the design of outdoor dining areas
above the ground floor.
• Outdoor preparation of food or
beverages where food is consumed at
tables is prohibited.

Alcohol Service
Alcoholic beverages may be served or
consumed in outdoor dining areas that are
within 150 feet of a residential zone,
above the ground floor, or operate beyond
10:00 p.m., if a Use Permit or a Use
Permit amendment is obtained and
subject to approval by the California
Department of Alcoholic Beverage Control.

Notwithstanding, AB 592 will continue to apply
to qualifying establishments until Jan. 2029.

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16 APPENDIX
a. OUTDOOR FACILITIES PERMIT GUIDELINE
b. SOUND ATTENTUATION GUIDELINE
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Oct. 2025
Outdoor Facilities Permit Guidelines and Conditions
(MBMC Section 10.60.080)
Appli
cation Submittal Steps:
• Apply for an Outdoor Facilities Permit (via CSS Online Permitting System) • Include a full description of the outdoor activity, including, but not limited to, the proposed activity, type of items to be displayed (if applicable), location on the site, and hours during which outdoor activities are taking place. • Submit a sketch of the area in which the proposed activities will take place with measurements of the outdoor dining/business area, including the layout of tables, chairs, and other related features. • Pay Outdoor Facilities Permit invoice.

Permit Conditions:

1. Only existing tables and chairs used inside the establishment may be used for outdoor dining, unless an adequately sized trash enclosure on site and service levels are approved by the Public Works Department for a net increase in occupancy that exceeds the maximum allowed for the establishment.

2. Outdoor dining may occur on off-street parking spaces when there is excess parking available for the establishment that exceeds the minimum requirements per Manhattan Beach Municipal Code (MBMC) Chapter 10.64.

3. The outdoor dining area is subject to off-street parking requirements in MBMC Chapter 10.64, unless previously approved prior to adoption of the updated outdoor dining ordinance. Alternatively, a minimum of 5 bicycle parki ng spaces on the premises for each parking space required may satisfy this requirement.

4. Outdoor preparation of food or beverages where food is consumed at tables is prohibited.

5. Alcoholic beverages may not be served or consumed in outdoor dining areas that are within 150 feet of a residential zone, above the ground floor, or operate beyond 10:00 p.m., unless a Use Permit or a Use Permit amendment is obtained or except as otherwise authorized by the California Department of Alcoholic Beverage Control per AB 592.

6. Amplified music and live outdoor entertainment must comply with MBMC Chapter 4.20 (Amusements-d ances and café entertainment) and Chapter 5.48 (Noise regulations).

7. Outdoor dining operations must end by 10:00 p.m. if located within 150 feet of residential use. Otherwise, operating hours are subject to entitlement conditions associated with the establishment.

8. The outdoor dining area must comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.

9. Outdoor dining above the ground floor:
a. The outdoor dining area shall not face nor be located less than 15 feet from residential uses. b. Balconies over the right-of-way are prohibited.
c. Sound attenuation guidelines on file with the Community Development Department must be incorporated into the outdoor dining area design.
d. Amplified music and live outdoor entertainment are prohibited with no exceptions, including indoor dining areas that are not fully enclosed on the same level.

10. Outdoor display of merchandise is prohibited from occupying public property and prohibited from occupying more than fifty percent (50%) of the total “tenant frontage” of a building.

11. If there are any adverse impacts on surrounding properties, screening fences or walls may be required. The height of anything stored or displayed must be less than the height of the screening fence or wall, if required.

12. Permits shall be revoked on the third enforcement action if the first violation occurred within a one-year period.

13. All outdoor facility permits will be valid for one (1) year or until March 1st, whichever comes first.

City of Manhattan Beach
Community Development Department
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Oct. 2025
I acknowledge receipt of a copy of the Outdoor Facilities Permit Guidelines and agree to comply with the above conditions and other related Outdoor Facilities Permit requirements:

Name
:________________________________________ Business Address:______________________________________ Sign
ature: _____________________________________ Date: ___________________ 18 Res. 25-0141
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 1 City of Manhattan Beach
Outdoor Dining Policy Review:

Preliminary Sound Attenuation Guidelines
Recommended Planning and Sound Atenua�on Design Guidelines Outdoor dining areas above the ground floor include a variety of noise sources subject to various transmission and atenua�on factors. Each poten�al outdoor dining area would have different noise genera�on, transmission, and atenua�on characteris�cs that are dependent on site-specific factors that are not known at this �me. Also, each individual dining area may or may not have cause for noise concerns. Given the lack of site-specific informa�on available at this �me, the following recommenda�ons represent basic, preliminary sound atenua�on design guidelines for Outdoor dining areas above the ground floor. 1
Planning Guidelines
Planning to limit poten�al noise concerns and priori�ze appropriate sound atenua�on design for individual outdoor dining areas:

1. Minimum setbacks or buffers could be established to increase the distance between outdoor dining areas and noise sensi�ve receptors.

2. Clear opera�ng hours should be established for all outdoor dining areas.

3. Outdoor dining proper�es could be categorized by their poten�al for noise concerns (e.g., high, medium, low) based on the type of opera�on, proximity to sensi�ve receptors, and/or the dimensional value of the side(s) with an uninterrupted line of sight to a noise sensi�ve receptor.

Proper�es with higher noise concerns would then be subject to more sound atenua�on design measures.

Building/Dining Area Design Guidelines
In order of priority, design measures should: 1) Minimize the amount of sound that can be generated by outdoor dining ac�vi�es and poten�ally transmited to sensi�ve receptors; 2) Minimize the direct transmission of sound to sensi�ve receptors; 3) Minimize the poten�al for sound to pass over perimeter walls/barriers to reach sensi�ve receptors.
1 MIG notes that the recommenda�ons are made without considera�on of cost factors, City-specific building/fire code requirements, etc. In this regard, MIG’s preliminary recommenda�ons may be further refined by the City. 19 Res. 25-0141
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 2 Design Guideline 1: Minimize the amount of sound that can be generated by outdoor dining ac�vi�es and poten�ally transmited to sensi�ve receptors.

Basic Design Guidelines for Minimizing Sound
Genera�on and Poten�al Transmission
1) Layout and Design:
a) Outdoor Kitchen, Food Prepara�on Areas,
and Bussing Sta�ons Prohibited. Outdoor
kitchen, food prepara�on areas, and bussing
sta�ons should be prohibited. This does not
apply to bar areas/bussing sta�ons.
b) Bars. Bars and bar sea�ng areas should be
set back from the perimeter of the outdoor
dining area.
c) Sea�ng. Customer sea�ng should be
oriented away from sensi�ve receptors
directly adjacent to dining areas. Areas of
dense sea�ng should be set back from the
perimeter of the dining area.
d) Décor. Preference should be given to
upholstered/cushioned or wooden sea�ng
and table materials.
2) Discouraged Building Materials. Construc�on of
expansive new walls and floors made of hard,
reflec�ve surfaces such as poured concrete,
marble, brick, glazed �le, etc. should be
discouraged unless such walls and floors
incorporate sound atenua�on measures per
these guidelines.

Exam
ple photos/rendering from top to bottom: Bar
set back from perimeter; seating oriented towards
interior of dining area; and use of wood decking over
concrete surface.
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 3 Design Guideline 1: Minimize the amount of sound that can be generated by outdoor dining ac�vi�es and poten�ally transmited to sensi�ve receptors. 3) Incorporate Sound Absorption Features.
a) Floors. Preference should be given to so�,
flexible surfaces such as wood flooring or
decking or carpe�ng over foam or rubber
base.
b) Walls and Overhead Structures. Walls and
overhead structures, par�cularly in high
traffic areas where voices are likely to be
focused or directed in a specific direc�on or
area, should incorporate acous�c treatments
such as slat wood paneling over acous�c
fabric or foam, so� foam �les, panels, or
baffles, or heavy curtains.
c) Treatments. Acous�cally absorp�ve
treatments should be op�mized for the
typical human voice frequency centered on
500 hertz.
4) Amplified and Non-Amplified Music and Sound
Equipment Prohibited. Amplified and non-
amplified music should be prohibited, without
excep�on. Other sound genera�ng equipment,
such as TVs and radios should also be prohibited.

Exam
ple photos from top to bottom: Wood slat wall
treatment; acoustic baffles over bar area;
commercially available sound absorbing panels (soft
foam).
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 4 Design Guideline 2: Minimize the direct transmission of sound to adjacent sensi�ve receptors by requiring all outdoor dining areas to have solid perimeter walls/barriers, except where exis�ng walls, adjacent buildings, or other solid structures fully block the line of sight to adjacent sensi�ve receptors.

Basic Design Guidelines for Perimeter Walls/Barriers
1) Design: Perimeter walls/barriers shall be free of
openings, cracks, gaps, etc., other than weep
holes.
2) Sound Transmission Class Rating: Perimeter
wall/barrier assemblies, including glass,
plexiglass, and other solid transparent
assemblies or components, shall be designed to
achieve a minimum STC ra�ng of 35.
3) Assemblies: Wood, steel, or other framed
walls/barrier assemblies should be preferred
over poured concrete, concrete block, and brick
assemblies unless such reflec�ve surfaces
include planters, acous�c panels, etc.
4) Façades/Finishes: Glass, plas�c, wood panel or
siding, vinyl or other plas�c panel or siding,
gypsum board, or stucco façades and finished
surfaces should be preferred over poured
concrete, concrete block, and brick or brick
veneer assemblies.
5) Finished Heights: The finished top of the
wall/barrier should be a minimum of 6 feet
above the finished floor eleva�on when blocking
noise from areas where customers will primarily
be seated (dining or other) and a minimum of 8
feet above the finished floor eleva�on when
blocking noise from areas where customers
would primarily be standing (dining or other).

Exam
ple photos from top to bottom: Solid non-
transparent barrier; solid transparent barrier; solid
combination barrier.
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 5 Design Guideline 2: Minimize the direct transmission of sound to adjacent sensi�ve receptors by requiring all outdoor dining areas to have solid perimeter walls/barriers, except where exis�ng walls, adjacent buildings, or other solid structures fully block the line of sight to adjacent sensi�ve receptors.

Enhanced Design Guidelines for Perimeter
Walls/Barriers
6) Sound Transmission Class Ra�ng: Solid, non-
transparent perimeter wall/barrier assemblies,
shall be designed to achieve a minimum STC
ra�ng of 40. Glass, plexiglass, and other solid
transparent assemblies shall be prohibited.
7) Finished Heights: Where receptors are located
within 100 feet of, and at a higher eleva�on
than, the outdoor dining area, the top of wall
height shall fully break the line of sight between
the outdoor dining area and the sensi�ve
receptor if prac�cal (i.e., if addi�onal barrier
height does not require substan�al structural
modifica�ons and complies with other
applicable zoning and building code regula�ons).

Exam
ple photo: Brick wall softened with vegetative
planter and adjoining wood barrier.

Design
Guideline 3: Minimize the transmission of sound over perimeter walls/barriers as much as possible by providing overhead structures/features in noise concern areas, except in cases where solid roof assemblies that meet building code requirements have been constructed in such areas.

Basic Design Guidelines for Overhead Sound
Atenua�on Structures/Features
1) Design and Assembly: Overhead sound
atenua�on structures/features shall be
constructed of and supported by solid materials
such as wood and metal posts, beams, headers,
etc. that are securely fastened or anchored to
the floor assembly. Temporary or pop-up shade
elements such as tents and umbrellas are not
considered sound atenua�on features.

Exam
ple photo: Solid metal overhead structures
securely fastened/anchored to floor (note non-sound
attenuating umbrellas in background).
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 6 Design Guideline 3: Minimize the transmission of sound over perimeter walls/barriers as much as possible by providing overhead structures/features in noise concern areas, except in cases where solid roof assemblies that meet building code requirements have been constructed in such areas. 2) Roof/Ceiling Materials: The use of wood, metal,
glass, plexiglass, and other solid materials is
preferred in overhead sound atenua�on
structures/features located in high traffic areas
over shutered, retractable, louver, la�ce, or
cloth type structures that have openings and
gaps.
a) The use of shutered and retractable
overhead sound atenua�on features could
be allowed, provided the opening of such
features is prohibited from 7 PM to closing
and the feature is able to close free of
openings or gaps.
b) The use of la�ce features should be
prohibited in high traffic areas and only
allowed in other areas if accompanied by
the use of acous�c sails, baffles, or panels.
c) The use of louvered features should be
prohibited in high traffic areas and only
allowed in other areas if the louvered
feature directs sound away from all sensi�ve
receptors and reflec�ve surfaces.
d) Cloth-only features, including acous�c sails,
should be discouraged.

Exam
ple photos from top to bottom: Solid metal
structure; solid retractable structure; cloth-only
feature that should be discouraged.

Enhanced Design Guideline for Overhead Sound
Atenua�on Structures/Features
3) Cantilevered Structures/Features. The use of
perimeter can�levered overhead structures, in
accordance with building code requirements,
could be considered in areas of high noise
concern.

Exam
ple photo: Cantilever overhead feature along
building perimeter.
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 7 Sources
The following technical references are used in this document:

California Department of Transporta�on (Caltrans) 2013. Technical Noise Supplement to the Traffic Noise Analysis Protocol. Sacramento, California. September 2013.

Eplas�cs 2019. Plexiglass Noise Reduc�on Sound Barrier. Accessed May 2024. Available online at:
<htps://www.eplas�cs.com/blog/sound-transmission-plexiglass-sheets> U.S. EPA 1977. Speech Levels in Various Noise Environments. Washington, D.C. May 1977.

Viracon 2020. Acous�c Performance Data Tables. Accessed May 2024. Available online at:
<htps://www.viracon.com/wp-content/uploads/2020/09/ViraconAcous�cPerfDataTables.pdf> The images used in this documented were obtained from the following internet sources in May 2024:
htps://www.architecturaldigest.com/gallery/best-roo�op-bars-slideshow htps://acous�csamerica.com/product/aanyimage-acous�c-art-panel/ htps://acous�csamerica.com/product/acous�c-panel-48x12/ htps://upstatebusinessjournal.com/business-news/greenville-sc-city-design-review-board-urban-panel- west-end-roo�op-bar-gets-approval/
htps://www.plastral.com.au/product/plexiglas-soundstop-noise-barriers/ htps://www.shadefxcanopies.com/13-commercial-roo�ops-transformed-func�onal-spaces/ htps://willygoat.com/products/can�lever-wing-cabled-shade- structure?variant=31901665624161&utm_source=google&utm_medium=cpc&utm_campaign=Goog le%20Shopping&stkn=ff1d4e32b302&gad_source=1&gclid=CjwKCAjw9cCyBhBzEiwAJTUWNQFEn23_ ZvPIGX3aXjbJEUNxrOCEnK76wWTUyX1Kj3IRSpCLBgb2fxoCNicQAvD_BwE 25 Res. 25-0141
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1 OUTDOOR DINING

GUIDELINES
Adopted by City Council
Resolution No. ______
Date: ______________
Sidewalk
Dining and
Private
Property
Outdoor
Dining
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2 The City ’s outdoor dining ordinance has been updated to reflect outdoor dining operational needs which changed in response to COVID -19, and to create an optimal outdoor dining environment for residents and visitors alike. The ordinance is the cumulation of numerous community outreach efforts including the formation of the City ’s Outdoor Dining Task Force that worked to identify outdoor dining opportunities that are compatible with the character of Manhattan Beach, while enhancing the public realm and quality of life. More information on the long -term outdoor dining program development effort can be found on the City’s webpage at manhattanbeach.gov/outdoordining
Images in this document are shown for illustrative purposes only. While some of the images are from the City ’s temporary outdoor dining program implemented during COVID -19, many are of outdoor dining areas around the world where design requirements vary significantly. As such, some images may not comply with all aspects of the City ’s outdoor dining ordinance. Captions are utilized under photos to draw attention to the elements of importance that depict(s) provisions of the code. No outdoor element or condition shown within an image in this document shall be construed as automatically allowable under the City ’s outdoor dining ordinance.

DISCLAIMER
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3 1. INTRODUCTION 4
a. OUTDOOR DINING TYPES 6
b. ELIGIBLE BUSINESSES 7

2. APPLICATION 8
a. SUBMITTAL CHECKLIST 9
b. RENEWAL 10
c. ENFORCEMENT 10

3. DESIGN STANDARDS 11
a. SIDEWALK DINING 12
b. PRIVATE PROPERTY OUTDOOR DINING 15

4. OPERATIONAL STANDARDS 17
a. SIDEWALK DINING 17
b. PRIVATE PROPERTY OUTDOOR DINING 19

5. APPENDIX 21
a. SIDEWALK DINING GUIDELINE 22
b. OUTDOOR FACILITIES PERMIT GUIDELINE 25
c. SOUND ATTENTUATION GUIDELINE 27

CONTENTS
IN-
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4 INTRODUCTION
Not to Scale
Figure 1. Coastal Zone Map
Coastal
Boundary
Applicants should refer to this document to
familiarize themselves with the process,
requirements, and conditions to obtain the
necessary outdoor dining permit. This document is
intended to serve as guidance on the process and
requirements to obtain outdoor dining permits in the
public right -of-way and private property per
Manhattan Beach Municipal Code (MBMC)
Sections 7.36.160 and 10.60.080.

The updated outdoor dining ordinance took effect in
the City on _________, 2026, outside of the
Coastal Zone. For areas in the Coastal Zone, the
ordinance will take effect after the Manhattan
Beach Local Coastal Program (MBLCP)
amendments with the same provisions are certified
by the California Coastal Commission. Until the
MBLCP is certified, the existing provisions in
MBLCP Sections 7.36.160 and A.60.080 will
continue to apply in the Coastal Zone. For
additional assistance or questions, please contact
the Planning Division at
[email protected] or (310) 802-5520.

Manhattan
Beach
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5 INTRODUCTION
Outdoor dining in the City’s
context is defined as:

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; and
Balances community vibrancy with residential quality of life ffi OutoooR ~ DIN!NG
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6 Outdoor Dining Types
There are two outdoor dining types allowed in the City depending on the location:

Sidewalk Dining
Public right-of-way outdoor dining is allowed on sidewalks in Downtown and North Manhattan Beach only. Specifically, sidewalks in the CD (Downtown Commercial) and CNE (North End Commercial) zoning districts as outlined in Figure 2, and may be utilized by adjacent businesses. Outdoor dining on other public rights-of-way such as walk streets, on-street decks, and parklets are prohibited. See MBMC Section 7.36.160 - Sidewalk Dining Encroachment Permits for more information.

Figure 2. Commercial Zoning District Map
Private Property Outdoor Dining
Private property outdoor dining is allowed in all commercial zoning districts throughout the City (See Figure 2 above) on existing open space, decks above the ground floor, or parking spaces in excess of the minimum required per MBMC Chapter 10.64/ MBLCP Chapter A.64. See MBMC Section 10.60.080- Outdoor facilities for more information. 'I,
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7 Eligible Businesses
Participation in the City’s outdoor dining program is largely limited to Eating and Drinking Establishments, which are defined in the MBMC Section 10.08.050(L) as:

Businesses serving prepared food or beverages for
consumption on or off the premises
Additionally, Food and Beverage Sales uses may participate in private property outdoor dining opportunities, which the MBMC Section 10.08.050(M) defines as:

Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens.

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8 APPLICATION
Depending on the location of the outdoor dining area, an applicant will be required to apply for a Sidewalk Dining Permit, an Outdoor Facilities Permit, or both. Outdoor
dining permits are issued ministerially at the staff level when all requirements of the outdoor dining ordinance are met.

If a deviation is requested from the provisions of the outdoor dining ordinance, a Sidewalk Dining Permit would be referred to the Parking and Public Improvements Commission (PPIC), and an Outdoor Facilities Permit would be referred to the Planning Commission (PC) for private property outdoor dining. Deviations for live outdoor entertainment or amplified music on outdoor dining areas above the ground floor cannot be requested.

1. Application submittal
Applications must be submitted
through the City’s Citizen Self Service
(CSS) portal and must include all
submittal requirements on page 21
(See permit handout in Appendices

5.a and 5.b).

2. Inter-Department Review
Once a formal application is received and fees are paid, staff will determine the completeness of the application and will route plans to various departments for review. If the submittal package is inconsistent with key requirements or lacks sufficient information, a resubmittal containing additional details or operational features may be required to address comments issued by staff.

3. Permit issuance*
Project specific conditions may be imposed and on-site inspections may be required depending on the characteristics of the outdoor dining area. * A separate permit with the State Alcoholic Beverage Control is required when alcohol service is proposed in the outdoor dining area.

Applicants for sidewalk
dining must apply for a
‘Planning Entitlement’ on
CSS, while private property
outdoor dining applicants
apply for an ‘Outdoor
Facilities Permit’.

Application
Submittal
Inter-Departmental
Review
Permit
Issuance
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9 1. Site Plan/Elevation
Plans shall be drawn to show the dimensions of
the outdoor dining area and the layout of
furniture, including the number of outdoor dining
seats in relation to the maximum allowed
occupancy of the establishment.

2. Fees
• Fees are established by resolution of the City
Council and increase each fiscal year. See the
City’s website for the current fee schedule.
• Sidewalk dining permits will be assessed an
additional monthly fee of $4/sq. ft.

3. Insurance & Hold Harmless form
Applicable only to sidewalk dining permits, a
Certificate of Insurance endorsing the City as
additionally insured and a signed Hold Harmless
agreement must be submitted.

4. Other Permits
Consult with staff prior to submittal to determine
if additional permits (Building Permit, California
Department of Alcoholic Beverage Control, etc.)
are required for your project.

Submittal
Checklist
$
X
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10 Outdoor dining permits are tied to the business owner and are valid for a period of one (1) year or until March 1st, whichever occurs first, with annual renewals required to ensure compliance with applicable codes and standards.

Renewal
Outdoor dining above the
ground floor on private property
is NOT subject to annual
renewals.

Enforcement

1st Violation
Notice of Violation

2nd Violation
Administrative Citation No. 1

3rd Violation
Administrative Citation No. 2
>> Permit Revoked
• Permits shall be
revoked on the 3rd
violation, if it occurs
within one year of
the 1st violation.
• Once revoked, the
permittee will be
prohibited from
reapplying for an
outdoor dining
permit for one full
year from the date
the permit is
revoked.

Businesses that fail to comply with the outdoor
dining ordinance shall be subject to enforcement,
including potential revocation, as follows:

Within
One
Year
Period
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11 DESIGN STANDARDS
Sidewalk Dining
Proposed projects shall be consistent with all applicable standards including, but not limited to, the Americans with Disabilities Act (ADA), MBMC/MBLCP, and adopted Building and Fire Codes. If there is a conflict between any design standards in this document and applicable codes and regulations, the more restrictive provision shall apply, unless explicitly stated otherwise.

Sidewalk dining is a form of outdoor dining that occurs on the sidewalk area within the public right -of-way adjacent to an Eating and Drinking Establishment business.

Private Property Outdoor Dining
Private property outdoor dining can take place in various forms on the ground level (e.g., excess off -street parking spaces, open spaces, courtyards, etc.) and generally within the building footprint.

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12 The requirements and placement of various features for sidewalk dining are simplified in the figure below for reference purposes with additional context provided in the following pages.

Shade structures may cover up to 2/3 of the sidewalk width The vertical clearance of the shade structure must be at least 7 feet Sidewalk dining must occur immediately adjacent to the establishment, and is limited to the width of the establishment’s building frontage
Barriers/fencing shall be a maximum of 42 inches in height and must be min. 50% open to light and air
A minimum 60 inch unobstructed sidewalk width outside of the sidewalk dining area is required Branding or identification signs on barriers or shade structures are prohibited

Figure 3. Sidewalk Dining Feature Diagram
Sidewalk Dining
I
I
Property· Line
I
CD
0 ®
Eating and
Drinking
Establishment
Private Property
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CD
/1'
0 0
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13 Heaters
• Limited to natural gas or electrical
heaters only.
• Must be located at least 10 feet
from the entrance of the
establishment and entrance(s) of
adjacent business(es).

Shade Structures
• Shade structures shall not cover more than two-thirds (2/3) of the sidewalk width and must have a minimum vertical
clearance of 7 feet.
• Umbrellas are prohibited on the ground floor of streets along east -west directions (e.g., Manhattan Beach
Boulevard).
• Tensioned canopies or tents require separate permits. • All shade structure materials must have appropriate fire ratings as determined by the Fire Marshal.

Lighting
• String lights above water features, candles, and torches are prohibited.
• Lighting fixtures are prohibited in the right -of-way, unless they comply with applicable building code requirements
and relevant plans are prepared by a licensed engineer. • Lighting equipment that present tripping hazards or
require temporary electrical connections (e.g., extension cords) is prohibited.

Sidewalk Dining
Mounted electrical heaters
Code compliant light fixtures are
allowed with appropriate permits
Tensioned canopies require separate
permits in outdoor dining areas
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14 Furniture & Decor
• Sidewalks less than 9.5 feet in width are limited to
placement of two-seat tables immediately adjacent to the storefront in the sidewalk dining area.
• Outdoor dining tables and chairs are allowed with a
Sidewalk Dining Permit. All other objects (e.g., umbrellas, heaters, planters, fences, bussing stations, etc.) require further review under the same permit and shall comply
with MBMC Section 7.36.065.
• The type and color of furniture is not regulated; however, materials must be durable and of high-quality (e.g.,
wood, metal, or composite materials).
• Branding or identification signs are prohibited on barrier/ fences and shade structures.

Barrier/Fences
• When used, barriers shall be
limited to a max. of 42 inches in
height and at least 50%
permeable to light and air.
• Solid plastic screening and
plexi-glass are prohibited.

Safety & Circulation
• A minimum 3 -foot clearance is required around fire
hydrants; no landscaping or permeant fixtures are
allowed.
• An unobstructed sidewalk width of at least 60 inches must be available outside of the sidewalk dining area.
• Objects in the right -of-way that may cause traffic safety issues or coastal view impairments, as identified by City staff, are prohibited.

Sidewalk Dining
Two-seat table utilized on a narrow
sidewalk
Barriers that delineate the outdoor dining areas must be a max. 42 inches in height and at least 50% open to light and air.

Unobstructed coastal view with a clear
pathway along the sidewalk
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15 Heaters
• Natural gas or electrical heaters
are preferred over propane
heaters. Propane tanks cannot be
stored indoors or in the right -of-
way.
• Must be located at least 10 feet
from the entrance of the
establishment and entrance(s) of
adjacent business(es).

Shade Structures
• Roof and shade structures are
allowed at the discretion of the
permittee.
• Vertical clearance and horizontal
projections of the shade structure
shall be governed by the California
Building Code.
• Tensioned canopies or tents require
separate permits
Private Property Outdoor Dining
Propane heaters are approved as long as there is adequate storage for propane tanks on site.

Shade structures are at the discretion of the permittee; however, tensioned canopies require separate permits
• String lights above water features, candles, and torches are prohibited.
• Lighting fixtures must comply with applicable building code requirements and relevant plans must be prepared
by a licensed engineer.
• Lighting equipment that present tripping hazards or
requiring temporary electrical connections (e.g.,
extension cords) is prohibited.

Lighting
Code compliant light fixtures are
allowed with appropriate permits
In
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16 Furniture & Decor
• The type and color of furniture is not
regulated; however, materials must be
durable and of high -quality (e.g.,
wood, metal, or composite materials).
• Branding or identification signs are
prohibited on barrier/fencing or shade
structures.

Private Property Outdoor Dining
Balconies
Outdoor dining balconies over the
right-of-way are prohibited, unless
approved prior to adoption of these
guidelines and cannot be expanded
upon.

Furniture and décor are not regulated as long as the materials are of high-quality and durable.

Existing balconies with outdoor dining cannot further expand into the right-of-way.

Outdoor dining above the ground floor and within the building footprint m oilioooii ~ DfNTNG
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17 OPERATIONAL STANDARDS
Sidewalk Dining
Hours
Outdoor dining service must conclude by
10:00 p.m. with associated furniture
removed from the sidewalk dining area by
10:30 p.m.

Maintenance
• Dining tables and chairs shall not be
stored in the sidewalk dining area when
the business is not in operation.
• Sidewalk dining areas must be cleaned
and kept free of litter.
• If retractable canvas shades are used,
they must be replaced and maintained per
the manufactured specifications.
• Outdoor dining tables and chairs shall
only be used for dining; not for waiting
customers.

Occupancy
When utilizing existing indoor dining seats
for outdoor dining (i.e., no net increase in
overall occupancy), Public Works
Department review may not be required.

1. Refuse
For a net increase in occupancy, the Public
Works Department will review and approve
the request based on the availability of an
adequately sized trash enclosure on the
premises and service levels.

2. Parking
• Additional off -street parking requirements
shall apply to the sidewalk dining area per
MBMC Chapter 10.64, unless approved
prior to adoption of these guidelines.
• Alternatively, 5 bicycle parking spaces
may be provided on -site in lieu of each
additional parking space required.
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um
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18 OPERATIONAL STANDARDS
Location
• The sidewalk dining area must be
immediately adjacent to the building
and is limited to the frontage of the
establishment.
• Placement and quantity of dining tables
and chairs must match approved plans
during operations at all times.

Alcohol Service
Alcoholic beverages served or
consumed in the sidewalk dining area,
requires a Use Permit (or an
amendment), subject to approval and
conditions by the California
Department of Alcoholic Beverage
Control. Notwithstanding, AB 592 will
continue to apply to qualifying
establishments until Jan. 2029.

Sidewalk Dining
Amplified Sound &
Entertainment
• Permits are required pursuant to
MBMC Section 5.48.150 (Amplified
sound permits), and allowed no more
than twice every calendar year.
• No additional right -of-way will be
allowed for such activities and shall
occur within the approved sidewalk
dining area.
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19 OPERATIONAL STANDARDS
Private Property Outdoor Dining
Hours
• Outdoor dining service must conclude
by 10:00 p.m., if located within 150 feet
of residential uses.
• Otherwise, hours of operation shall be
subject to entitlement conditions
associated with the establishment.

Occupancy
When utilizing existing indoor dining seats for
outdoor dining (i.e., no net increase in overall
occupancy), Public Works Department
review may not be required.

1. Refuse
For a net increase in occupancy, the Public
Works Department will review and approve
the request based on the availability of an
adequately sized trash enclosure on the
premises and service levels.

2. Parking
• Outdoor dining in off -street parking spaces
is allowed only when there is excess
parking available on site.
• Off-Street parking requirements in MBMC
Chapter 10.64 shall apply to the outdoor
dining area, unless approved prior to
adoption of these guidelines.
• Alternatively, a minimum of 5 bicycle
parking spaces may be provided on the
premises for each parking space required.
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I
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um
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20 OPERATIONAL STANDARDS
Location
• Outdoor dining areas above the ground
floor must not face and be located
within 15 feet from residential uses.
• Placement and quantity of dining tables
and chairs must match approved plans
during operations at all times.

Private Property Outdoor Dining
Amplified Sound & Entertainment
• Amplified sound and live entertainment
are allowed in ground floor outdoor
dining areas subject to permits pursuant
to MBMC Chapter 4.20 (Amusements -
dances and café entertainment) and
Chapter 5.48 (Noise regulations).
• Amplified sound and live entertainment
are prohibited in outdoor dining areas
above the ground floor, including areas
not fully enclosed on the same level.

Miscellaneous
• Sound attenuation guidelines (See
Appendix 5.c) must be incorporated into
the design of outdoor dining areas
above the ground floor.
• Outdoor preparation of food or
beverages where food is consumed at
tables is prohibited.

Alcohol Service
Alcoholic beverages may be served or
consumed in outdoor dining areas that are
within 150 feet of a residential zone,
above the ground floor, or operate beyond
10:00 p.m., if a Use Permit or a Use
Permit amendment is obtained and
subject to approval by the California
Department of Alcoholic Beverage Control.

Notwithstanding, AB 592 will continue to
apply to qualifying establishments until
Jan. 2029.
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~
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21 APPENDIX
a. SIDEWALK DINING GUIDELINE
b. OUTDOOR FACILITIES PERMIT GUIDELINE
c. SOUND ATTENTUATION GUIDELINE
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Revised Oct. 2025
Sidewalk Dining Permit Guidelines and Conditions
(MBMC Section 7.36)
Applicat
ion Submittal Steps:
• Apply for a Planning Encroachment Permit for Sidewalk Dining (via CSS Online Permitting System) • Submit a Certificate of Insurance with Endorsement naming the city as additionally insured. • Submit a sketch of the licensed area with measurements of sidewalk and dining/business area, including layout of tables and chairs.
• Pay Planning Encroachment Permit invoice.
• Sign the Sidewalk Dining Requirements and Hold Harmless forms.

Permit Conditions:

1. A minimum of 60 inches of sidewalk width must be left unobstructed at all times.

2. In areas with standard-width sidewalks (9.5 feet), only two-seat tables may be used.

3. Only existing tables and chairs used inside the restaurant may be used for sidewalk dining, unless an adequately sized trash enclosure on site and service levels are approved by the Public Works Department for a net increase in occupancy that exceeds the maximum allowed for the establishment.

4. Sidewalk Dining Permits authorize tables and chairs utilized for dining only. Furniture cannot be used for customers waiting for table service.

5. Placement and quantity of dining tables and chairs shall match approved plan during operational hours.

6. Tables and chairs cannot be stored on the sidewalk at any time outside of the establishments’ business hours.

7. Applicants and their customers may not place any objects in the public right-of-way (including, but not limited to umbrellas, planters, fences, host stands, bussing areas, heaters, bikes/dogs tied to parking meters, etc.) without a permit.

8. Sidewalk dining related objects within the vehicular street right-of-way that cause a traffic safety issue, as determined by the City Traffic Engineer, or coastal view impairment are prohibited at any time.

9. Exterior lighting, video and sound equipment is not permitted, unless permits are pulled.

10. Alcoholic beverages may not be served or consumed in the sidewalk dining area without a Use Permit or a Use Permit amendment, except as otherwise authorized by the California Department of Alcoholic Beverage Control per AB 592.

11. Off-street parking requirements in Chapter 10.64 shall apply to the sidewalk dining area, unless previously approved prior to adoption of the updated outdoor dining ordinance. As an alternative, a minimum of 5 bicycle parking spaces on the premises for each vehicle parking space required may meet this requirement.

12. Amplified music and live outdoor entertainment are prohibited, unless a permit is issued pursuant to Section 5.48.150 (Amplified sound permits). Dancing is prohibited.

13. Dining activities must conclude by 10:00pm. Tables and chairs must be removed from City property by 10:30pm.

14. All required or accessible exits, paths of travel and means of egress from establishments and businesses must be maintained and remain unobstructed.

15. The portion of sidewalks used for dining must be cleaned regularly and consistently kept free of litter by the applicant.

16. The applicant must submit an application for a permit and pay established permit fees. Applicant agrees to pay the monthly fee for commercial use of the public right-of-way pursuant to the current fee schedule rates.

17. The applicant must provide a $2 million insurance endorsement and complete a Hold Harmless agreement, to the satisfaction of the Risk Manager.

18. Permits are issued to business owners rather than property owners and do not run with the property. New business owners must apply for a new permit.

19. 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 Public Works Director.

20. Use of the Licensed Area must comply with all applicable requirements of Title 24 of the California Code of Regulations.

City of Manhattan Beach
Community Development Department
22 Res. 25-0141
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Revised Oct. 2025

21. Business Owner shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.

22. Permits shall be revoked on the third enforcement action if the first violation occurred within a one-year period.

23. All sidewa
lk dining permits are valid for one (1) year or until March 1st, whichever comes first.

I ackno
wledge receipt of a copy of the Requirements for Sidewalk Dining Permit Guidelines and agree to comply with the above conditions and other related Sidewalk Dining Permit requirements:

Name:______
__________________________________ Business Address:______________________________________ Signa
ture: _____________________________________ Date: ___________________ 23 Res. 25-0141
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CITY OF MANHATTAN BEACH

RELEASE, HOLD HARMLESS & INDEMNIFICATION

AGREEMENT FOR SIDEWALK DINING/BUSINESS USE
In consideration of the right to encroach upon City right of way granted by City for and on behalf of the undersigned (“Business Owner”) and his or her predecessors, successors and assigns and invitees, the Business Owner shall, at its sole cost and expense, indemnify, defend, and hold harmless City, and its elected officials, officers, attorneys, employees, agents, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all causes of action, damages, claims, demands, proceedings, expenses, judgments, penalties, liens, losses and liabilities of whatever kind or nature, in law, equity, or otherwise, including, but not limited to attorneys’ fees, whether known or unknown, which may relate to or arise out of the encroachment rights granted by City to the Business Owner or his or her use thereof or the use of any assignee, designee, licensee, invitee or any other person occupying, using or in any way affected by the encroached upon property or the use made thereof in any way whether with or without the permission of the Business Owner.

If the C
ity or its Indemnitees are sued or subject to any claims, demands, liabilities, lawsuits, or causes of action, including but not limited to bodily injury or damages to personal property arising out of or in any way connected with or related to the encroachment granted by City to the Business Owner and the use thereof by any person, the Business Owner hereby promises to defend, indemnify and hold City harmless from and against any and all such claims, demands, liabilities, lawsuits or causes of action, made or brought against the City or its Indemnitees, including but not limited to expenses, attorneys’ fees (including any attorney fees incurred by City in any indemnity action), expert witness fees and costs, and other costs now or hereafter claimed or asserted by any party against City or incurred by City.

Dated
:

Signed:

Business Owner:

Business Name:

Business Address:

Manhattan Beach, CA 90266
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Oct. 2025
Outdoor Facilities Permit Guidelines and Conditions
(MBMC Section 10.60.080)
Applic
ation Submittal Steps:
• Apply for an Outdoor Facilities Permit (via CSS Online Permitting System) • Include a full description of the outdoor activity, including, but not limited to, the proposed activity, type of items to be displayed (if applicable), location on the site, and hours during which outdoor activities are taking place. • Submit a sketch of the area in which the proposed activities will take place with measurements of the outdoor dining/business area, including the layout of tables, chairs, and other related features. • Pay Outdoor Facilities Permit invoice.

Permit Conditions:

1. Only existing tables and chairs used inside the establishment may be used for outdoor dining, unless an adequately sized trash enclosure on site and service levels are approved by the Public Works Department for a net increase in occupancy that exceeds the maximum allowed for the establishment.

2. Outdoor dining may occur on off-street parking spaces when there is excess parking available for the establishment that exceeds the minimum requirements per Manhattan Beach Municipal Code (MBMC) Chapter 10.64.

3. The outdoor dining area is subject to off-street parking requirements in MBMC Chapter 10.64, unless previously approved prior to adoption of the updated outdoor dining ordinance. Alternatively, a minimum of 5 bicycle parki ng spaces on the premises for each parking space required may satisfy this requirement.

4. Outdoor preparation of food or beverages where food is consumed at tables is prohibited.

5. Alcoholic beverages may not be served or consumed in outdoor dining areas that are within 150 feet of a residential zone, above the ground floor, or operate beyond 10:00 p.m., unless a Use Permit or a Use Permit amendment is obtained or except as otherwise authorized by the California Department of Alcoholic Beverage Control per AB 592.

6. Amplified music and live outdoor entertainment must comply with MBMC Chapter 4.20 (Amusements-d ances and café entertainment) and Chapter 5.48 (Noise regulations).

7. Outdoor dining operations must end by 10:00 p.m. if located within 150 feet of residential use. Otherwise, operating hours are subject to entitlement conditions associated with the establishment.

8. The outdoor dining area must comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.

9. Outdoor dining above the ground floor:
a. The outdoor dining area shall not face nor be located less than 15 feet from residential uses. b. Balconies over the right-of-way are prohibited.
c. Sound attenuation guidelines on file with the Community Development Department must be incorporated into the outdoor dining area design.
d. Amplified music and live outdoor entertainment are prohibited with no exceptions, including indoor dining areas that are not fully enclosed on the same level.

10. Outdoor display of merchandise is prohibited from occupying public property and prohibited from occupying more than fifty percent (50%) of the total “tenant frontage” of a building.

11. If there are any adverse impacts on surrounding properties, screening fences or walls may be required. The height of anything stored or displayed must be less than the height of the screening fence or wall, if required.

12. Permits shall be revoked on the third enforcement action if the first violation occurred within a one-year period.

13. All outdoor facility permits will be valid for one (1) year or until March 1st, whichever comes first.

City of Manhattan Beach
Community Development Department
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Oct. 2025
I acknowledge receipt of a copy of the Outdoor Facilities Permit Guidelines and agree to comply with the above conditions and other related Outdoor Facilities Permit requirements:

Name:
________________________________________ Business Address:______________________________________ Signa
ture: _____________________________________ Date: ___________________ 26 Res. 25-0141
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 1 City of Manhattan Beach
Outdoor Dining Policy Review:

Preliminary Sound Attenuation Guidelines
Recommended Planning and Sound Atenua�on Design Guidelines Outdoor dining areas above the ground floor include a variety of noise sources subject to various transmission and atenua�on factors. Each poten�al outdoor dining area would have different noise genera�on, transmission, and atenua�on characteris�cs that are dependent on site-specific factors that are not known at this �me. Also, each individual dining area may or may not have cause for noise concerns. Given the lack of site-specific informa�on available at this �me, the following recommenda�ons represent basic, preliminary sound atenua�on design guidelines for Outdoor dining areas above the ground floor. 1
Planning Guidelines
Planning to limit poten�al noise concerns and priori�ze appropriate sound atenua�on design for individual outdoor dining areas:

1. Minimum setbacks or buffers could be established to increase the distance between outdoor dining areas and noise sensi�ve receptors.

2. Clear opera�ng hours should be established for all outdoor dining areas.

3. Outdoor dining proper�es could be categorized by their poten�al for noise concerns (e.g., high, medium, low) based on the type of opera�on, proximity to sensi�ve receptors, and/or the dimensional value of the side(s) with an uninterrupted line of sight to a noise sensi�ve receptor.

Proper�es with higher noise concerns would then be subject to more sound atenua�on design measures.

Building/Dining Area Design Guidelines
In order of priority, design measures should: 1) Minimize the amount of sound that can be generated by outdoor dining ac�vi�es and poten�ally transmited to sensi�ve receptors; 2) Minimize the direct transmission of sound to sensi�ve receptors; 3) Minimize the poten�al for sound to pass over perimeter walls/barriers to reach sensi�ve receptors.
1 MIG notes that the recommenda�ons are made without considera�on of cost factors, City-specific building/fire code requirements, etc. In this regard, MIG’s preliminary recommenda�ons may be further refined by the City. 27 Res. 25-0141
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 2 Design Guideline 1: Minimize the amount of sound that can be generated by outdoor dining ac�vi�es and poten�ally transmited to sensi�ve receptors.

Basic Design Guidelines for Minimizing Sound
Genera�on and Poten�al Transmission
1) Layout and Design:
a) Outdoor Kitchen, Food Prepara�on Areas,
and Bussing Sta�ons Prohibited. Outdoor
kitchen, food prepara�on areas, and bussing
sta�ons should be prohibited. This does not
apply to bar areas/bussing sta�ons.
b) Bars. Bars and bar sea�ng areas should be
set back from the perimeter of the outdoor
dining area.
c) Sea�ng. Customer sea�ng should be
oriented away from sensi�ve receptors
directly adjacent to dining areas. Areas of
dense sea�ng should be set back from the
perimeter of the dining area.
d) Décor. Preference should be given to
upholstered/cushioned or wooden sea�ng
and table materials.
2) Discouraged Building Materials. Construc�on of
expansive new walls and floors made of hard,
reflec�ve surfaces such as poured concrete,
marble, brick, glazed �le, etc. should be
discouraged unless such walls and floors
incorporate sound atenua�on measures per
these guidelines.

Examp
le photos/rendering from top to bottom: Bar
set back from perimeter; seating oriented towards
interior of dining area; and use of wood decking over
concrete surface.
28 Res. 25-0141
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 3 Design Guideline 1: Minimize the amount of sound that can be generated by outdoor dining ac�vi�es and poten�ally transmited to sensi�ve receptors. 3) Incorporate Sound Absorption Features.
a) Floors. Preference should be given to so�,
flexible surfaces such as wood flooring or
decking or carpe�ng over foam or rubber
base.
b) Walls and Overhead Structures. Walls and
overhead structures, par�cularly in high
traffic areas where voices are likely to be
focused or directed in a specific direc�on or
area, should incorporate acous�c treatments
such as slat wood paneling over acous�c
fabric or foam, so� foam �les, panels, or
baffles, or heavy curtains.
c) Treatments. Acous�cally absorp�ve
treatments should be op�mized for the
typical human voice frequency centered on
500 hertz.
4) Amplified and Non-Amplified Music and Sound
Equipment Prohibited. Amplified and non-
amplified music should be prohibited, without
excep�on. Other sound genera�ng equipment,
such as TVs and radios should also be prohibited.

Examp
le photos from top to bottom: Wood slat wall
treatment; acoustic baffles over bar area;
commercially available sound absorbing panels (soft
foam).
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 4 Design Guideline 2: Minimize the direct transmission of sound to adjacent sensi�ve receptors by requiring all outdoor dining areas to have solid perimeter walls/barriers, except where exis�ng walls, adjacent buildings, or other solid structures fully block the line of sight to adjacent sensi�ve receptors.

Basic Design Guidelines for Perimeter Walls/Barriers
1) Design: Perimeter walls/barriers shall be free of
openings, cracks, gaps, etc., other than weep
holes.
2) Sound Transmission Class Rating: Perimeter
wall/barrier assemblies, including glass,
plexiglass, and other solid transparent
assemblies or components, shall be designed to
achieve a minimum STC ra�ng of 35.
3) Assemblies: Wood, steel, or other framed
walls/barrier assemblies should be preferred
over poured concrete, concrete block, and brick
assemblies unless such reflec�ve surfaces
include planters, acous�c panels, etc.
4) Façades/Finishes: Glass, plas�c, wood panel or
siding, vinyl or other plas�c panel or siding,
gypsum board, or stucco façades and finished
surfaces should be preferred over poured
concrete, concrete block, and brick or brick
veneer assemblies.
5) Finished Heights: The finished top of the
wall/barrier should be a minimum of 6 feet
above the finished floor eleva�on when blocking
noise from areas where customers will primarily
be seated (dining or other) and a minimum of 8
feet above the finished floor eleva�on when
blocking noise from areas where customers
would primarily be standing (dining or other).

Examp
le photos from top to bottom: Solid non-
transparent barrier; solid transparent barrier; solid
combination barrier.
30 Res. 25-0141
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 5 Design Guideline 2: Minimize the direct transmission of sound to adjacent sensi�ve receptors by requiring all outdoor dining areas to have solid perimeter walls/barriers, except where exis�ng walls, adjacent buildings, or other solid structures fully block the line of sight to adjacent sensi�ve receptors.

Enhanced Design Guidelines for Perimeter
Walls/Barriers
6) Sound Transmission Class Ra�ng: Solid, non-
transparent perimeter wall/barrier assemblies,
shall be designed to achieve a minimum STC
ra�ng of 40. Glass, plexiglass, and other solid
transparent assemblies shall be prohibited.
7) Finished Heights: Where receptors are located
within 100 feet of, and at a higher eleva�on
than, the outdoor dining area, the top of wall
height shall fully break the line of sight between
the outdoor dining area and the sensi�ve
receptor if prac�cal (i.e., if addi�onal barrier
height does not require substan�al structural
modifica�ons and complies with other
applicable zoning and building code regula�ons).

Examp
le photo: Brick wall softened with vegetative
planter and adjoining wood barrier.

Design
Guideline 3: Minimize the transmission of sound over perimeter walls/barriers as much as possible by providing overhead structures/features in noise concern areas, except in cases where solid roof assemblies that meet building code requirements have been constructed in such areas.

Basic Design Guidelines for Overhead Sound
Atenua�on Structures/Features
1) Design and Assembly: Overhead sound
atenua�on structures/features shall be
constructed of and supported by solid materials
such as wood and metal posts, beams, headers,
etc. that are securely fastened or anchored to
the floor assembly. Temporary or pop-up shade
elements such as tents and umbrellas are not
considered sound atenua�on features.

Examp
le photo: Solid metal overhead structures
securely fastened/anchored to floor (note non-sound
attenuating umbrellas in background).
31 Res. 25-0141
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 6 Design Guideline 3: Minimize the transmission of sound over perimeter walls/barriers as much as possible by providing overhead structures/features in noise concern areas, except in cases where solid roof assemblies that meet building code requirements have been constructed in such areas. 2) Roof/Ceiling Materials: The use of wood, metal,
glass, plexiglass, and other solid materials is
preferred in overhead sound atenua�on
structures/features located in high traffic areas
over shutered, retractable, louver, la�ce, or
cloth type structures that have openings and
gaps.
a) The use of shutered and retractable
overhead sound atenua�on features could
be allowed, provided the opening of such
features is prohibited from 7 PM to closing
and the feature is able to close free of
openings or gaps.
b) The use of la�ce features should be
prohibited in high traffic areas and only
allowed in other areas if accompanied by
the use of acous�c sails, baffles, or panels.
c) The use of louvered features should be
prohibited in high traffic areas and only
allowed in other areas if the louvered
feature directs sound away from all sensi�ve
receptors and reflec�ve surfaces.
d) Cloth-only features, including acous�c sails,
should be discouraged.

Examp
le photos from top to bottom: Solid metal
structure; solid retractable structure; cloth-only
feature that should be discouraged.

Enhanced Design Guideline for Overhead Sound
Atenua�on Structures/Features
3) Cantilevered Structures/Features. The use of
perimeter can�levered overhead structures, in
accordance with building code requirements,
could be considered in areas of high noise
concern.

Examp
le photo: Cantilever overhead feature along
building perimeter.
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OUTDOOR DINING POLICY REVIEW: PRELIMINARY SOUND ATTENUATION GUIDELINES 7 Sources
The following technical references are used in this document:

California Department of Transporta�on (Caltrans) 2013. Technical Noise Supplement to the Traffic Noise Analysis Protocol. Sacramento, California. September 2013.

Eplas�cs 2019. Plexiglass Noise Reduc�on Sound Barrier. Accessed May 2024. Available online at:
<htps://www.eplas�cs.com/blog/sound-transmission-plexiglass-sheets> U.S. EPA 1977. Speech Levels in Various Noise Environments. Washington, D.C. May 1977.

Viracon 2020. Acous�c Performance Data Tables. Accessed May 2024. Available online at:
<htps://www.viracon.com/wp-content/uploads/2020/09/ViraconAcous�cPerfDataTables.pdf> The images used in this documented were obtained from the following internet sources in May 2024:
htps://www.architecturaldigest.com/gallery/best-roo�op-bars-slideshow htps://acous�csamerica.com/product/aanyimage-acous�c-art-panel/ htps://acous�csamerica.com/product/acous�c-panel-48x12/ htps://upstatebusinessjournal.com/business-news/greenville-sc-city-design-review-board-urban-panel- west-end-roo�op-bar-gets-approval/
htps://www.plastral.com.au/product/plexiglas-soundstop-noise-barriers/ htps://www.shadefxcanopies.com/13-commercial-roo�ops-transformed-func�onal-spaces/ htps://willygoat.com/products/can�lever-wing-cabled-shade- structure?variant=31901665624161&utm_source=google&utm_medium=cpc&utm_campaign=Goog le%20Shopping&stkn=ff1d4e32b302&gad_source=1&gclid=CjwKCAjw9cCyBhBzEiwAJTUWNQFEn23_ ZvPIGX3aXjbJEUNxrOCEnK76wWTUyX1Kj3IRSpCLBgb2fxoCNicQAvD_BwE 33 Res. 25-0141
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