Agenda Date: 12/4/2025
TO:
Honorable Parking and Public Improvements Commission Chair and Commissioners THROUGH:
Masa Alkire, Community Development Director
FROM:
Erik Zandvliet, T.E., City Traffic Engineer
SUBJECT:
Consider Changes to the City’s Policy Related to Parking Pads Located in the Public Right-of-Way
DISCUSS AND PROVIDE DIRECTION
_________________________________________________________ RECOMMENDATION:
Staff recommends that the Commission discuss current codes and guidelines for public and private use of the public right-of-way, hear public testimony, and provide direction to staff regarding regulations for the public’s use of parking pads within the public ROW in the Dune Section and related enforcement.
BACKGROUND:
Private Use of the Public Right-of-Way
In 1972, the City Council adopted Ordinance No. 1304, which established procedures in Chapter 7.36 of the Manhattan Beach Municipal Code (MBMC) for regulating privately constructed encroachments in the public right-of-way (ROW). At that time, the City Council also adopted a separate set of “Encroachment Design Guidelines” that were intended to assist permit applicants in securing approval of encroachment permits from the Public Works Department. On December 21, 1999, the City Council adopted Ordinance No. 1552, which changed the title of Chapter 7.6 to “Encroachment Standards” and added regulatory language, meaning that any variation to the standards would require City Council approval, with prior review by the Parking and Public Improvements Commission (PPIC).
As part of the 2000-2001 City Council Work Plan, staff was directed to review and codify existing encroachment permit standards for private improvements in the ROW. An ordinance was drafted to replace Chapter 7.36 and presented to the PPIC on May 23, July 25, 2002, and September 26, 2002, with public participation and feedback. The proposed ordinance was presented to the City Council at their October 15, 2002, meeting and at a public hearing on November 19, 2002 (See attachment). On February 18, 2003, the City Council adopted Ordinance No. 2039, which codified general encroachment standards for private use of the public ROW, as well as specific standards for walk streets, El Porto Strand, vehicular streets, sidewalk dining and prohibition of certain new commercial long-term encroachments of the public ROW (See attachment.) Any property owner can request a private encroachment within the adjacent public ROW through an Encroachment Permit application,
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which is reviewed by the Community Development and Public Works departments for compliance with applicable codes and standards.
Development of Street Right-of-Way for Public Uses
Concurrently in 2002, the City Council discussed and considered codifying the public street improvement and parking pad policy that had been in place in the Tree and Dune Sections of the City.
The proposed ordinance was presented to the City Council at a public hearing on February 4, 2003 (See attachment). On February 18, 2003, the City Council adopted Ordinance No. 2042, adding Section 9.72 to the MBMC, which established construction standards for public uses of the public ROW within the Tree Section and other areas of the City (See attachment). The ordinance requires public improvements (such as curb, gutters and sidewalks) be made in the public ROW when a private property is being developed with a value of more than 50% of the existing structure. In addition, the ordinance requires construction of paved public parking pads in addition to the public street improvements within the Tree Section only. There are no code requirements for new parking pads in the Dune Section.
Since 2003, the City has followed the current municipal code requirements for public street improvements when new homes or major remodels are built in the Dune section pursuant to Section
9.72 of the MBMC. Specifically, a new parking pad is not required if one does not already exist adjacent to the property. At the same time, it is the City’s practice to preserve or replace any existing parking pads when the new home or major remodel is built to preserve public parking for beach access in compliance with the Local Coastal Program (LCP) on streets within the Coastal Zone (generally west of Valley Drive). Also, property owners can voluntarily construct a parking pad in the public ROW in front of their property as part of other landscaping improvements.
DISCUSSION:
A parking pad is a paved surface (including grasscrete or pavers) in the public ROW that is accessible by a vehicle from the roadway and does not lead to a garage or parking space on private property. Private driveways, walkways and parking areas that are fully or partially on private property are not considered parking pads. Driveways, on the other hand, are for private use to access a private parking space and may be parked on by that resident only (See attachment).
Parking Pad History
Prior to 1972, private improvements were often built in the public ROW without permits or city oversight. Residents likely constructed parking pads to address substandard off-street parking on older unimproved properties. These ad-hoc practices and the continued use as a private parking space has led to confusion by the public as to whether a parking pad, patio or walkway was meant for public or private use. Similarly, the edge of the public ROW is not easily identified, so it is generally not clear if the parking area is on public or private property, or both, which leads to incorrect assumptions by both homeowners and the public.
In the period between 1972 and 2003, City staff would review proposed private improvements on a case-by-case basis and approve an encroachment permit based on certain findings and subject to the recordation of a covenant. As noted above, the construction of a parking pad is considered a street improvement and does not require an encroachment permit or agreement. However, a public works excavation permit is required to construct any improvement within the public ROW requires an excavation permit, whether or not it is ultimately for public or private use.
Prior to 2003, Chapter 7.36 of the MBMC, as well as the Encroachment Permit Standards, did not mention parking pads. In 2002, the City Council made a clear distinction between public uses of the right-of-way and private uses that require an encroachment permit. During its discussions, the City
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Council identified parking pads as a public street improvement, and not a private encroachment. While the City Council ultimately decided not to require new parking pads in the Dune Section, they are required in the Tree Section in conjunction with new development pursuant to MBMC Section
9.72.015. The Code allows adjacent property owners to construct public parking pads with decorative pavement treatments in accordance with City design guidelines (See attachment).
Section 7.36.150 states that “Sidewalk, curbs, parking pads, paving and other street improvements may be required by the Public Works Department” in conjunction with a private encroachment on vehicular streets. This provision is further explained in the May 23, 2002 PPIC staff report that states “Staff has included a provision that clarifies that parking pads are among the street frontage improvements that may be required as a condition of the Encroachment Permit (See attachment).
On September 3, 2002, the City Council gave direction to staff and the PPIC that “Parking pads are encouraged within the right of way; Public Works will develop a list of approved pavement treatments.” In addition, the City Council staff report on October 15, 2002 explains that private encroachments on vehicular streets are allowed if they are located “behind street front improvements such as parking pads, sidewalks and curbs if required by the Director of Public Works. These statements are reasonably interpreted to mean that any parking pad required by the Public Works Department is a public street improvement and must be open for public use. Parking pads are generally constructed as a street improvement without an encroachment permit, although some parking pads have been approved in conjunction with other private improvements within the public ROW.
Recent Actions
The most recent round of outreach, education and enforcement was initiated in June 2024 following incidents that occurred related to the privatization of public parking pads. The incidents included altercations between neighbors, use of signage to designate public parking spaces as private, and complaints made to the City about the parking situation. There is also uncertainty in clearly identifying (and enforcing) which parking pads are public and which paved areas are not public parking pads.
These circumstances impact multiple City programs including parking enforcement, code enforcement, street maintenance, and traffic engineering.
In June 2024, the Public Works, Community Development and Police Departments jointly initiated a three-phase approach (Engineering, Education, and Enforcement) uniformly across the Dune Section.
The goal was not to create conflict, but to ensure fair access to public parking for all residents and clarify where public parking is available. The actions included:
• Engineering: Providing clear signage and stenciling to eliminate ambiguity • Education: Open communication with residents regarding the codes • Enforcement: Consistent enforcement across all affected properties In February 2025, the City installed signs on the streets entering the Dune Section that “PARKING PADS ARE PUBLIC PARKING SPACES”. On July 7, 2025, letters were sent to residents in the Dune Section as a reminder that parking pads located in the public ROW are public parking spaces (See attachment). In addition, code enforcement officers began proactively addressing other violations related to the privatization of parking pads with patio furniture, planters and other objects that block access to the pads. Several residents voiced their objections to the City Council at the July 15, 2025, City Council meeting, which initiated the process to place this matter on a future agenda. Pursuant to City Council’s direction, all signage and proactive enforcement activity was halted pending further direction.
Parking Pad Policy
Staff is seeking direction in the development of specific policies and regulations related to the use of
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parking pads in the public ROW. Since public parking spaces within the Coastal Zone are subject to the LCP, the designation of parking pads as public or private is a matter of coastal access policy.
Further, the alteration or removal of a parking pad may be subject to a Coastal Development Permit.
By applying a consistent policy, both public parking and private property rights can be preserved and protected. There are four main areas of focus that should be discussed:
Parking Pad Definition - A definition of parking pads is currently not defined in the Municipal Code, but would be needed if regulations are adopted for their use by the public.
Parking Pad Characteristics - The dimensions and location of a parking pad heavily influence the public’s understanding whether the space is public or private. For example, a compact sized space next to a driveway or walkway may be considered an extension of that private area, while a stand-alone full width space along the roadway may look more like a public curb space. Some parking pads act as widened areas of the roadway, which allow a vehicle to be parked partially on the pad and widens the traveled portion of the street. Conversely, vehicles parked very close to private property can potentially block a private walkway or damage personal property, which may have adverse impacts to property access or privacy.
Parking Pad Signage and Markings - Once a parking pad is deemed public or private, how should the space be identified to give the public proper notice for enforcement purposes? Most parking pads are not currently signed, which leads to confusion and frustration by both residents and users, and makes enforcement difficult. Are there specific markings that should be added to regulate how vehicles should be parked?
Pre-Regulatory Parking Pads - Given the inconsistent history of parking pad regulations, a “grandfather” clause could be considered, which would allow parking pads constructed before a certain date to be designated as private. The grandfather date might be 1972 (pre-municipal code), 1976 (pre-Coastal Zone), 1999 (pre-encroachment standards), or 2003 (pre-Dune Section parking pad exemption to parking pad requirements). A variation on this option might be to allow an adjacent property owner to appeal the City’s determination of a public parking pad and request that it be made private based on certain findings.
RECOMMENDATION:
Staff is requesting direction from the Commission to establish regulations for the public’s use of parking pads within the public ROW in the Dune Section and related enforcement. If needed, staff can return to the Commission with additional information on a particular topic at an upcoming meeting to assist in making recommendations. The Commission’s recommendations will then be forwarded to the City Council for their final determination and possible amendments to the MBMC.
PUBLIC OUTREACH:
Public meeting notices have been mailed to all property owners and residents within the Dune Section bounded by Highland Avenue, Rosecrans Avenue, Grandview Avenue and Marine Avenue. Additionally, the general public has been informed of this agenda item as part of the City’s standard meeting notice practices via public bulletin boards, website calendar, and social media.
ENVIRONMENTAL REVIEW: The City has reviewed the proposed activity (study session) for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary at this time. If specific code amendments are suggested, those amendments, if not exempt, will be reviewed as may be required by CEQA.
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ATTACHMENT/ATTACHMENTS:
A. City Council Meeting Staff Report - November 19, 2002 (incl. PPIC 5/23/2002 & 9/26/2022) B. Ordinance No. 2039
C. City Council Meeting Staff Report - February 4, 2003 D. Ordinance No. 2042
E. Parking Pad Examples Sketch
F. Construction and Landscaping on Public Property Design Guidelines G. July 7, 2025 Resident Letter
H. Correspondence Received Prior to Posting Staff Report
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ORDINANCE NO. 2039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MANHATTAN BEACH, CALIFORNIA, REPLACING CHAPTER 7.36 OF
THE MANHATTAN BEACH MUNICIPAL CODE AND
IMPLEMENTATION PROGRAM OF THE LOCAL COASTAL PLAN
REGARDING PRIVATE USE OF THE PUBLIC RIGHT OF WAY.
THE CITY COUNCIL OF THE CITY OF MANHATTAN BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
A.
B.
C.
D.
E.
F.
SECTION 1. The City Council of the City of Manhattan Beach hereby finds as follows:
The City of Manhattan Beach is a community with a high quality of life, attractive neighborhoods and a non-urban "small town" ambience;
Constant use of the public right of way for utilities and private development requires authority for the City to protect and regulate use of the right of way by private parties for private purposes to ensure public safety and reduce disruption to the public and degradation of public facilities; Permit requirements for private use of the public right of way ensures that any work performed in the public right of way meets acceptable standards for public improvements and protects public property;
This ordinance is exempt from the requirements of the California Environmental Quality Act due to determination that it has no potential for causing a significant effect on the environment (per CEQA Guidelines Section 15061 (b) (3));
The subject ordinance was reviewed by the Parking and Public Improvements Commission of the City of Manhattan Beach on May 23, July 25 and September 26, 2002 on which date the Commission recommended approval by the City Council;
The proposed ordinance is consistent with the policies of Chapter 3 of the Coastal Act, and will not have an impact either individually or cumulatively on coastal resources, and do not involve any change in existing or proposed use of land or water.
SECTION 2. Chapter 7.36 of the Manhattan Beach Municipal Code and Local Coastal Plan Implementation Program is hereby replaced in its entirety as follows: (Existing Chapter 7.36 is hereby repealed)
CHAPTER 7.36 PRIVATE USE OF THE PUBLIC RIGHT OF WAY
7.36.010 Scope and Intent. The provisions of this Chapter shall govern use of the public right of way by private parties. The intent of these standards is to allow private use and development of the public right of way with improvements that are functional, attractive and non-obtrusive to the public, consistent with building safety and public works standards, and compatible with public facilities and surrounding developments.
7.36.020 Definitions
ADJOINING PROPERTY - means the private property located immediately adjacent to the section of public right of way to be encroached upon.
APPLICANT - means any person, firm, partnership, association, corporation, company, entity or 27 organization of any kind who proposes to encroach upon a public place, right of way, sidewalk or street and who has applied for a permit for the proposed encroachment, pursuant to the provisions of this 28 Chapter.
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DIRECTOR OF COMMUNITY DEVELOPMENT - means the Director of Community Development of the City of Manhattan Beach or his or her designee.
DIRECTOR OF PUBLIC WORKS - means the Director of Public Works of the City of Manhattan Beach or his or her designee.
EL PORTO STRAND PROPERTY - means a property located on the Strand between 39th Street and 45th Street.
ENCROACHMENT AREA - means the section of public right of way located between the property line and the edge of the walkway or roadway.
ENCROACHMENT - means and includes any paving, obstruction, fence, stand, building, entry monument, or any structure or object of any kind or character which is placed on, in, along, under, over or across a public place, right of way, sidewalk or street by or for the use of the adjoining property, ENCROACHMENT WORK - means the work of constructing, placing or installing an encroachment.
ENGINEER - means the Manhattan Beach City Engineer or his or her designee.
EXCAVATION - means any opening in the surface of a public place, right of way, sidewalk or street made in any manner whatsoever. The term shall also include any excavation on private property which removes or imperils the lateral support of a public place, right of way, sidewalk or street.
LANDSCAPING - means an area devoted to or developed and maintained with lawn, gardens, trees, shrubs and other plant materials and excluding decorative outdoor landscape elements such as water features, paved surfaces, potted plants and sculptural elements.
NATURAL GRADE means a straight line from the edge of the improved public walkway/roadway grade to the existing front property line grade.
NONCONFORMING means a previously permitted and constructed improvement which is not consistent with the standards of this chapter.
OCCUPY - means owning or operating any facilities that are located in Rights-of-Way.
OPEN DESIGN FENCE - means a fence where the primary fence material is transparent and colorless, or the open spaces between the solid segments are equal to or exceed the size of the solid segments.
OVERHEAD STRUCTURES - means any improvement extending over a public place, right of way or street.
PERSON - means any living individual, any corporation, joint venture, partnership, or other business entity.
PUBLIC WALKWAY - means the portion of the public right of way improved and designated by the City for pedestrian travel.
RIGHT OF WAY - means the surface and space in, on, above, through and below any real property in which the City of Manhattan Beach has a legal or equitable interest whether held in fee or any other estate or interest, or as a trustee for the public, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, curb, parkway, river, tunnel, viaduct, bridge, public easement, or dedicated easement.
USABLE SURFACE - means a relatively level surface intended for active recreation, passive occupation, or pedestrian access including but not limited to lawns, patios and decks, but excluding a walkway not exceeding 44" in width that provides access from the public walkway to private property.
WALK STREET - means a dedicated public street improved with a public walkway that is closed to vehicular traffic.
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7.36.030 Permit Required
It shall be a violation of this Chapter for any person to construct, create, occupy or use an encroachment in the public right of way without an encroachment permit. To the extent permitted by law the issuance of such a permit shall be discretionary and may be denied or revoked without cause.
Application of this Chapter shall include, but not be limited to private improvements, long-term commercial use and commercial sidewalk dining, temporary access for installation of private street improvements and all other intrusions into the public right of way whether temporary or permanent. The City Council may, from time to time, by resolution set fees for issuance of encroachment permits authorized by this Chapter.
7.36.040 Initiation
The Director of Community Development shall have the authority to issue an encroachment permit consistent with the standard set forth in this chapter provided that where fixtures or structures located within public walkways or roadways, other than temporary moveable structures, are to be placed in the public right of way, or street alterations are to be performed, detailed plans for any such work shall be submitted to the Director of Public Works whose approval shall be required.
Applications shall be submitted to the Community Development Department with the required forms, fees, plans, and related material. Applications shall be reviewed for compliance with the requirements of this chapter, and the public's priority for use of City right-of-way as determined to be appropriate by the Director of Public Works.
7.36.050 Director of Public Works Authority
The Director of Public Works shall have the authority to prohibit or limit the placement of new or additional facilities within the right of way if there is insufficient space to accommodate the requests of applicants to occupy and use the right of-way. In reaching such decisions, the Director of Public Works shall be guided primarily by: considerations of the public interest; the age and condition of the affected portions of the rights-of-way; the time of year and the protection of existing facilities in the right of way; and future City plans for public improvements and development projects that have been determined to be in the public interest.
7.36.060 Permit Conditions
A. Discretionary Conditions
The Director of Community Development shall have the authority to condition or restrict the permit in any way which shall protect the public health and welfare. The Director of Community Development reserves the right to require phasing of construction projects or limit the hours of construction to reduce the adverse impacts on the public health, safety and welfare. The Director of Public Works has the authority to approve or reject a method of excavation or other construction methodology.
B. Mandatory Conditions
In granting an encroachment permit under the provisions of this chapter, the following conditions, in addition to any other conditions deemed necessary or advisable, shall be imposed:
1 . That the encroachment shall be removed or relocated by the permittee at no cost to the City upon thirty (30) days' written notice to the permittee from the City, and should any cost be incurred by the City in the removal of such encroachment, such cost shall be a lien upon the permittee's adjacent real property;
2. That the encroachment and permit restrictions, conditions or limitations serving the adjoining property shall be recorded as a covenant, and shall be binding upon all heirs, successors, assigns, executors, or administrators in interest. The covenant shall be disclosed whenever title is transferred;
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3. That a certificate of insurance in amounts and form satisfactory to the City Risk Manager shall be filed with the City upon the granting of the encroachment and shall be maintained in good standing at all times so long as the encroachment exists, releasing the City from any and all liability whatsoever in the granting of such encroachment.
4. That the applicant shall expressly agree to each of the conditions imposed, including any which may be in addition to the foregoing, as a prerequisite to the granting of the encroachment by the City.
5. That encroachments involving commercial uses shall pay an established annual or monthly fee to be set by resolution of the City Council and to be based upon the market value of the property being occupied.
6. That in cases where an encroachment is adjacent to a private property common area governed by a Home-owners Association (as in the case of an airspace condominium) the Homeowners Association shall be the applicant and subject to all permit requirements. The permit requirements shall be included as conditions of the project subdivision map and included in the covenants, conditions and restrictions (C, C and R's) recorded for the project.
7.36.065 Required findings.
The Director of Community Development, in granting approval of an encroachment permit application shall make the following findings:
A. The granting of the encroachment permit will not be materially detrimental to the public health, safety, convenience, and welfare or injurious to property and improvements in the same vicinity and zone in which the property is located; B. The granting of the encroachment permit will be in conformity with the policies and goals of the General Plan;
C. The proposed encroachment will comply with the provisions of this chapter, including any specific condition required;
D. The proposed encroachment will not encroach into the area of the right of way occupied by an improved paved sidewalk or pedestrian or vehicular accessway or stairway, except as expressly provided in this chapter; E. The proposed encroachment will not reduce or adversely impact public pedestrian access along the paved and improved portion of the sidewalk, walk street, alley or stairway and does not reduce or adversely impact the vehicular access along the improved alley.
F. For properties that are located in the coastal zone, the proposed encroachment will be consistent with the public access and recreation policies of Chapter 3 of the California Coastal Act of 1976, as follows:
1 . The proposed encroachment will not impact public access to the shoreline, adequate public access is provided and shall be maintained in the public right of way adjacent to the subject property (Section 30212 (a) (2).
2. The present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area (Section 30221)
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7.36.070 Issuance
The Director of Community Development shall issue a written decision regarding each encroachment permit application. This decision shall recite the findings upon which the decision is based as provided in Section 7.36.065 of this chapter. If the decision grants the encroachment, it shall set forth the conditions to be imposed. The conditions set forth in Section 7.36.060(b) of this chapter shall be attached to every permit approval. The decision of the Director of Community Development shall be final ten (10) calendar days after mailing a copy of the decision to the applicant.
7.36.080 Appeals
Applications which are inconsistent with the "Encroachment Standards" set forth in section 7.36.150, including right-of-way frontage improvements required as a condition of approval by the Director of Public Works, must be appealed to and approved by the City Council with a recommendation from the Parking and Public Improvements Commission. A notice shall be sent to the property owners whose lots' front property lines are within 300 feet of the subject encroachment area site at least 10 calendar days prior to each body's consideration of the exception request. The notice will describe the proposed encroachment, make the plans available for review, and set a deadline for registering objections. Upon consideration of such an appeal application, the City Council may approve, modify, or disapprove the application for encroachment. The action of the City Council shall be final.
7.36.090 Time Limit
Any encroachment granted pursuant to the provisions of this Chapter shall be developed and utilized within a period not to exceed twelve (12) months from and after the date of the granting of such encroachment, and, if not so developed and utilized, such encroachment automatically shall become null and void at the expiration of such twelve (12) month period.
The permittee may apply in writing for one extension of time, not to exceed six (6) months, within which to develop and use such encroachment. The Director of Community Development, in his or her sole discretion after due consideration, shall either grant or deny the extension of time for such development and use.
7.36.100 Inspection
The Director of Community Development shall require that inspections be completed before commencement, and after completion of encroachment work. Inspections while encroachment work is in progress shall be completed as determined to be appropriate by the Director of Community Development or Director of Public Works.
7.36.105 Restoration of Public Right of Way
Upon completion of the encroachment work authorized by a permit, the permittee shall restore the right of way or street by replacing, repairing or rebuilding it in accordance with the specifications or any special requirement included in the permit, but not less than to its original condition before the encroachment work was commenced and in all cases in good usable quality. The permittee shall remove all obstructions, materials and debris upon the right of way and street, and shall do any other work necessary to restore the right of way and street to a safe and usable condition, as directed by the Director of Public Works. Where excavation occurs within areas already paved, the Director of Public Works may require temporary paving to be installed within four hours after the excavation area is backfilled. In the event that the permittee fails to act promptly to restore the right of way and/or street as provided in this section, or should the nature of any damage to the right of way or street require restoration before the permittee can be notified or can respond to notification, the Director of Public Works may, at his or her option, make the necessary restoration and the permittee shall reimburse the City for the full cost of such work, and such cost shall be a lien upon the permittee's adjacent real property.
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7 .36.110 Revocation
The Director of Community Development or the City Council may revoke any encroachment permit for noncompliance with the conditions set forth in granting such encroachment, including but not limited to provision of liability insurance coverage to the City or if it is determined that such permit is not in the public interest. A written notice shall be mailed to the permittee of such revocation. Within ten (10) working days of mailing of such notice of revocation to the permittee, a written appeal of such action may be filed. Any such appeal shall be made to the Parking and Public Improvements Commission whose recommendation will be reviewed by the City Council and the Council's determination of the matter shall be final.
7 .36.120 Enforcement
Violation of this Chapter shall be punishable as a misdemeanor as set forth in Section 1.04.010(A) of this Code. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute a separate violation of such provision. In addition to any other remedies provided in this section, any violation of this Chapter may be enforced by civil action brought by the City.
In any such action, the City may seek, as appropriate, any or all of the following remedies: a temporary and/or permanent injunction; assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; costs incurred in removing, correcting, or terminating the adverse effects resulting from violation; compensatory damages; attorney fees.
7.36.140 Other Permits
Nothing in this Chapter shall preclude a requirement for a Coastal Development Permit, Business License, Conditional Use Permit, or other, City, State or County permit if otherwise required for the encroaching activity. See Chapter A.96 of the Manhattan Beach Local Coastal Program Implementation Program for applicable Coastal Development Permit requirements.
7.36.150 Encroachment Standards
A. General Standards
1. Structures as defined by the City's Building Code or other encroachments are prohibited from encroaching within the public right of way unless in compliance with these standards or approved by the City Council.
2. Landscaping is permitted without an encroachment permit in accordance with an approved landscape plan pursuant to Chapter 7.32 of the Municipal Code. Artificial landscape materials are prohibited.
3. Utility obstructions shall be avoided so as to maintain access to underground utilities. A minimum of 30 inches of clearance is required on each side of all water and sewer mains, unless otherwise approved by the Director of Public Works.
4. Drainage from a private collection system that discharges a concentrated flow shall be directed to a vehicular street or alley pursuant to Public Works Department construction standards and shall be prohibited from flowing onto a public pedestrian walkway or sidewalk. A drainage plan shall be provided with an application for an Encroachment Permit.
5. All encroachments shall be in conformance with Title 5, Chapter 5.84 of the Municipal Code pertaining to storm water pollution control.
6. Obstructions to neighboring resident's scenic views shall be avoided. 6 PPIC
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7. 8.
9. Ord. 2039
Steps and Stairs, other than risers between 4 and 7 inches in height and spaced a minimum of 3 feet apart, are not permitted in the public right of way.
Exception. One set of steps comprised of three consecutive risers is permitted provided a condition does not result that requires installation of a guardrail or handrail.
Existing improvements which do not conform to current standards must be removed or brought into conformance if the related structure on the adjoining property is significantly remodeled or reconstructed or if any new significant construction is proposed in the public right of way. Existing permitted improvements that have been made non-conforming by changes to these standards may otherwise remain provided any nonconforming element is not increased or expanded. The intent is to cause nonconforming encroachments to be brought into conformity concurrent with major alterations or entirely new structures constructed on adjoining private property.
Routine maintenance and repair may be performed on a nonconforming encroachment structure or improvement and replacement with a comparable improvement is permitted upon demonstration that the encroachment is deteriorated and creating an unsafe condition.
B. Walk Street Standards
1. 2.
3. 4.
Fences and railings, including required safety handrails and guardrails, are permitted provided an open design is utilized. The maximum allowable height is 42" above the adjacent public walkway. To ensure pedestrian to vehicle visibility at corners, a 36" maximum height (measured from adjacent curb level) is required within a distance of 5' from the street corner.
Retaining walls (not including walkway risers), free-standing walls and closed design fences are permitted provided the maximum allowable height is 32" above the adjacent public walkway. Conditions requiring guardrails that exceed the height permitted in subsection (1) above shall not be permitted.
Exception. Retaining walls and related required safety railing that exceed the 32" limit may be constructed at the side boundaries of an encroachment area if necessary to retain a neighbor's existing grade, provided all other encroachment improvements comply with applicable encroachment standards. If subsequently such over-height walls and/or safety rails are no longer necessary due to modification of the adjoining encroachment area, the property owner shall lower the over-height wall/safety rail to conform with applicable standards. This requirement shall be included as a permit condition in the Encroachment Permit Agreement.
Landscaping is permitted subject to approval of a landscape plan submitted with an Encroachment Permit. Landscaping shall cover a minimum of one-third of the encroachment area and shall not project over or onto the public walkway. To promote visual openness and conserve scenic vistas, the height of landscape plantings shall not exceed 42-inches as measured from the adjacent public walkway.
Landscape plantings shall be maintained in substantial conformance with the approved plan. If it is determined that a resident view is impaired, the Director of Community Development shall direct the owner of the property adjacent to the encroachment landscaping to trim the over-height landscaping to 42-inches maximum. Should the property owner fail to act, the Director of Community Development may cause the landscaping to be trimmed, with the expense borne by the property owner. The owner of the property who receives such notice to trim may appeal the decision of the Director of Community Development pursuant to Section 7.36.070 of this chapter.
Usable surfaces (as defined herein). The intent of this standard is to ensure that the elevation of encroaching outdoor living areas located nearest the public walkway be consistent with the public walkway. Usable surfaces are permitted as follows:
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a. Within the front half of the encroachment area (adjacent to the public walkway), limited to a maximum height of 12 inches as measured above or below the adjacent public walkway.
b. Within the rear half of the encroachment area (adjacent to private property), limited to a maximum height of either: 36 inches as measured above or below the adjacent public walkway, or 12 inches as measured above or below the natural grade, as defined herein.
5. The total combined height of fences, railings, retaining walls (including walkway risers) shall not exceed a height of 42 inches as measured from lowest adjacent finished grade.
6. Drainage from a private collection system that discharges a concentrated flow shall be directed to a public vehicular alley or street via a non-erosive device pursuant to Public Works Department construction standards except as permitted by the Director of Public Works.
C. El Porto Strand Standards
In addition to the encroachments permitted in {b) above, the following encroachments are permitted within The Strand right of way north of Rosecrans Avenue due to unusual slope and underground utility location and to provide an adequate buffer between the Strand walkway and adjoining private properties.
1. Usable surfaces are permitted within the rear half of the encroachment area at a maximum height of 72 inches measured from the adjacent public walkway, provided they are accompanied by terraced landscape planters with evenly spaced retaining walls with a maximum height of 30" each.
2. Fences and walls are permitted to be a maximum height of 42 inches above the adjacent public walkway except that planter walls required in subsection (1) above may have a maximum height of 72".
3. Corner properties bordering a parking lot entrance or exit are allowed to have walls and fences on the vehicular street side to a maximum height of 6' above adjacent curb level except that a maximum height of 3' shall be permitted adjacent to driveway/roadway intersections.
4. Drainage from a private collection system that discharges a concentrated flow shall be directed to a public vehicular alley or street via a non-erosive device pursuant to Public Works Department construction standards .
D. Vehicular Street Standards
1. Street improvements, including {but not necessarily limited to) sidewalks, curbs, gutters, parking pads and paving may be required by the Public Works Department for the purpose of maintaining or improving conditions related to drainage, visibility, access, maneuverability or public parking, and, if required, shall be constructed in compliance with City standards.
2. Fences and walls are permitted as follows:
a. Location. Compliance is required with Public Works Department standards established in MBMC 9.72.015. A minimum set back of 2 feet is required behind existing or required street improvements.
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3. 4.
5. 6.
7. Ord. 2039
b. Height. Fences and walls may not exceed a maximum height of 42", measured from the existing public right-of-way grade at the fence or wall location. Open-design fences or guard rails required by the Building Official to exceed the 42" maximum height are allowed on top of retaining walls if necessary to retain a neighbor's grade at a side property line. Fences and walls located near the intersection of streets or driveways may be subject to lower height requirements to ensure traffic visibility.
Ground cover such as pavement (including brick or other decorative surfaces) and landscaping is permitted on the existing right of way grade. Decks or similar structures are prohibited.
Street Corner Visibility. To ensure visibility at street corners a 36" maximum height is applicable to all fences, walls or landscape plantings within a distance of 15' from the street corner as per MBMC 3.40.010 (Traffic Sight Obstructions). A height less than 36" may be applicable due to unusual slope conditions.
Significant alteration of the existing right-of-way grade is prohibited, unless determined to be necessary to accommodate a required public street improvement.
Loose gravel and similar material as determined by the Public Works Department is not permitted.
Drainage from a private collection system that discharges a concentrated flow shall be directed to a public vehicular street right-of-way location via a non-erosive device pursuant to Public Works Department standards subject to review and approval of the City Engineer.
14 7.36.160 Sidewalk Dining Encroachment Permits
15 Sidewalk dining adjacent to existing restaurants may be permitted on public sidewalks within vehicular street right of ways with a sidewalk dining encroachment permit issued pursuant to this Section. The 16 purpose of the sidewalk dining permit program is to promote (estaurant 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. 19 Each permit issued for sidewalk dining shall comply with the following minimum standards:
20 21
22 23
24 25
26 27
28 29
30 31
32 A.
B.
C.
D.
E.
F.
G.
H.
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.
Title 24 of the California Government Code regarding persons with disabilities requirements for unobstructed sidewalk width (minimum 48 inches) must be maintained at all times.
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, etc.) Exterior lighting equipment that may present a tripping hazard is not permitted.
Temporary electrical connections, such as extension cords, are not permitted.
Alcoholic Beverages may not be served or consumed in the sidewalk dining area.
Dancing is prohibited.
Amplified music is prohibited.
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I. Dining activities must conclude by 10:00pm. Tables and chairs must be removed from the sidewalk by 10:30pm.
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 Use Permit and zoning requirements (parking, occupancy, etc.).
L. Only 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.
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.
0. 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.
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 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.
SECTION 4. All other provisions of the Manhattan Beach Municipal Code not inconsistent with this ordinance shall remain unchanged and continue in full force and effect.
SECTION 5. Any provisions of the Manhattan Beach Municipal Code, or appendices thereto, or any other ordinances of the City, to the extent that they are inconsistent with this ordinance, and no further, are hereby repealed.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. 10 PPIC
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32 Ord. 2039
SECTION 7. This ordinance shall go into effect and be in full force and operation from and after thirty days after its final passage and adoption.
SECTION 8. A review of the proposed amendments per Section 2 of this Ordinance is hereby directed to occur approximately twelve (12) months after the effective date, with a hearing before the Parking and Public Improvements Commission followed by a recommendation to the City Council.
SECTION 9. The City Clerk shall cause a summary of this Ordinance to be published as provided by law. The summary shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall cause a summary to be published with the names of those City Council members voting for and against this Ordinance and shall post in the Office of the City Clerk a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against the Ordinance.
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
PASSED, APPROVED and ADOPTED this 18th day of February, 2003.
Wilson, Dougher, Fahey, Aldinger and Mayor Napolitano.
None.
None.
None.
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Parkway
PARKING PAD EXAMPLES
MBMC 9.72.015
Parkway
City of Manhattan Beach
Community Development
Traffic Engineering Division
50’
Right-of-Way
20’
Roadway
A parking pad is a paved surface* in the public right-of-way that is accessible by a vehicle from the roadway and does not lead to a garage or parking space on private property. * Includes Grasscrete pavers.
APPLICABLE CODES
CVC 530. A “roadway” is that portion of a highway improved, designed, or ordinarily used for vehicular travel.
Municipal Codes
09.72.015 – Development of street right-of-way for public uses.
14.01.110 - Parkway. That portion of a public right of way other than a roadway or sidewalk.
14.36.030 - Stopping or standing in parkways prohibited. No person shall stop, stand or park a vehicle within any parkway.
14.40.120 - Driving and parking on private property.
A. No person shall park, stand or drive any vehicle on any private property or driveway without the express implied consent of the owner or person in lawful possession of each driveway or property.
B. When signs authorized by the provisions of this chapter are in place, giving notice thereof, no person shall park, stand or drive any vehicle contrary to the directions or provisions of such signs.
Private
Driveway
Public
Parking Pad
15’
Parkway
Curb
Private
Parking
20’
Public Parking
Pad
Private
Property
Private
Property
Public
Parking Pad
Private parking where
space is partially or wholly
on private property.
Property Line
Property Line
Garage
Public
Parking Pad
Curb
Property Line
Curb
Curb or
planter
Residence
Residence
Residence
9’
min
Walkstreet
Patio
Property Line
9’
min
15’
Parkway
Private
Property
Private
Property
Private
Driveway Public
Parking
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Construction and Landscaping
on Public Property
City of Manhattan Beach
Community Development Department
1400 Highland Avenue
310-802-5504
www.citymb.info
January, 2004
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Construction and Landscaping on Public Property
The purpose of this document is to facilitate understanding of the ordinances and standards that regulate private construction on public property next to both walk streets and vehicular streets. Copies of these ordinances may be obtained through the Community Development Department. This manual is divided in to five sections:
General Standards, Walk Street Standards, El Porto Strand Stand ards, Vehicular Street Standards, and Submittal Requirements.
Encroachment Permits are required to allow small improvements o n the public property that is used by the adjoining property owner. Improvem ents must be attractive and non-obtrusive to the public, consistent with bui lding safety standards, and compatible with surrounding developments. In order to ensur e that private construction on public property meets the goals of the communit y, the City Council adopted Ordinances 2039 and 2042 on February 18, 2003. These or dinances codified encroachment and street construction policies, guideli nes and standards.
Ordinance 2039 covers encroachments for private use (MBMC 7.36) and Ordinance 2042 covers street improvements for public use (MBMC 9.72.015).
Subject to certain standards and conditions, adjoining property owners may apply for an encroachment permit to construct a variety of improvements w ithin the encroachment area (generally defined as the portion of public p roperty located between the property line and the edge of the roadway, curb, or sidewalk).
The intent of these standards is to encourage low profile const ruction on public property and maintain vistas of the ocean and a sense of openness along these pedestrian corridors. Encroachment standards for walk streets generally allow for walkways, patios and decks, low fences, walls and landscaping.
Other than walk streets, the majority of the City’s streets are constructed in a traditional fashion with a well defined edge of pavement and drainage systems. There are however, areas that have been developed without such well d efined boundaries.
In these cases, the public property may extend well beyond the edge of the paved roadway. In these areas the adjoining property owner may initia te the construction of allowed improvements. The City m ay also require the adjoining p roperty owner to make improvements on public property when private improvements are proposed within either the encroachment area, or adjoining private prope rty. In general, private improvements on public property adjacent to vehicular streets i nclude low fences and walls, landscaping, pavement and various improvements such as walkways, curbs and parking pads.
Encroachment Standards
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G
eneral Standards
Improvements not specifically addresssed in the following document are not permitted on public property.
Landscaping is permitted without an encroachment permit in accordance with a submitted and approved landscape plan. Artificial landscape materials are prohibited.
All encroachments must be in conformance with Title 5, Chapter 5.84 of the Municipal Code pertaining to storm water pollution control.
Obstructions to neighboring scenic views must be avoided.
Existing improvements which do not conform to current standards must be removed or brought into conformance if the related stru cture on the adjoining property is significantly remodeled or reconst ructed or if any new significant construction is proposed in the encro achment area. Existing permitted improvements that have been made non- conforming by changes to these standards may otherwise remain provided any nonconforming element is not increased or expanded.
Routine maintenance and repair may be performed on a nonconforming encroachment structure or improvement and replacement with a comparable improvement is permitted upon demonstration that the encroachment is deteriorated and creating an unsafe condition.
Commercial use of the public property is prohibited, with the exception of sidewalk dining permits, building projections, roof access, and utility elements as determined appropriate by the Director of Community Development.
Encroachment Standards
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Encroachment Standards
W
alk Street Standards
USABLE SURFACES
Usable Surfaces are generally defined as any relatively level s urface (hardscape or landscape) upon which a person can stand, excludi ng a walkway not exceeding 44 inches in width that provides access f rom the public property to private property.
Within the front half of the encroachment area (adjacent to the public walkway), usable surfaces are limited to a maximum height of 12 inches above or below the adjacent public walkway. Within the rear half of the encroachment area (next to the private property), usable surfac es are limited to a maximum height of either: 36 inches above or below the adjacent public walkway, or 12 inches above or below the natural grade. “Natura l Grade” is defined as a straight line from the improved public walkway gra de to the existing front property line grade.
FENCES AND WALLS
P/L
Front half of encroachment
area; 12 inches above or
below the public walkway
Rear half of encroachment
area; 12 inches above or
below natural grade or 36
inches above public walkway
12”
12” 12”
36”
12” Public Walkway Natural Grade
Encroachment Standards
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Fences and railings, including required safety handrails and gu ardrails, are permitted provided an open design is utilized. The maximum allowable height is 42 inches above the adjacent public walkway.
To help
ensure pedestrians are visible to motorists, a 36 inches maximum height limit (measured from the adjacent curb level) is required withi n distance of 5 feet from the street corner.
42” maximum above
adjacent public walk-
way
Private
Property
Encroachment
Area
Walk Street
Drive Street
5 feet
5 feet
Curb
Encroachment Standards
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Encroachment Standards
Exception: Retaining walls and related required safety railing that excee d the 32 inch limit may be constructed at the side boundaries of an encroachment area if necessary to retain a neighbor ’s existing grade, provided all other encroachment improvements comply with applic able encroachment standards.
The total combined height of fences,
32” maximum above
adjacent public walk-
way
Retaining walls (not including walkway risers), free-standing w alls and closed design fences are permitted at a maximum height of 32 in ches above the adjacent public walkway. Conditions requiring guardra ils that exceed the 32 inch height limit are prohibited.
PL
Retaining wall and guardrail ex-
ceeds 32” maximum to retain
neighbor’s existing grade
Encroachment Standards
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railings, retaining walls (including walkway risers) shall not exceed a height of 42 inches as measured from lowest adjacent finished grade.
STEPS AND STAIRS
Steps and stairs are generally prohibited on public property, u nless they are spaced a minimum of 3 feet apart, essentially creating a landin g. One set of steps comprised of 3 consecutive risers is permitted provided a condition is not created that requires the installation of a guardrail or handrail.
LANDSCAPING
A minimum of one-third of the
encroachment area shall be
landscaped. Landscaping shall
not project over or onto the
public walkway and shall be
limited to 42 inches above the
adjacent public walkway.
If it is determined that a
residential view is impaired,
42” Max
Public Walkway
Encroachment Standards
P/L
Public
Walkway
3’ min
3’min
3 Risers Max
3’min
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the Director of Community Development shall direct the owner of the property adjacent to the encroachment landscaping to trim the o ver- height landscaping to 42 inches maximum. Should the property owner fail to act, the Director of Community Development may cause the landscaping to be trimmed, with the expense borne by the proper ty owner.
DRAINAGE
Drainage from a private collection system that discharges a con centrated flow shall be directed to a public vehicular alley or street via a non-erosive device pursuant to Public Works Department construction standar ds except as permitted by the Director of Public Works. Drainage is not allowed to be discharged in a concentrated flow over a public walkway.
UTILITIES
A minimum of 30 inches of clearance is required on each side of all water and sewer mains for free-standing and retaining walls with a continuous footing, unless otherwise approved by the Director of Public Works.
Encroachment Standards
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E
l Porto Strand Standards
In addition to the encroachments permitted in the Walk Street Standards, the following encroachments are permitted within the Strand pub lic property north of Rosecrans Avenue due to unusual slope and underground utility location.
USABLE SURFACES
Usable surfaces are permitted within the rear half of the encro achment area (next to the private property) at a maximum height of 72 inches measured from the adjacent Strand walkway, provided they are accompanied by terraced landscape planters with evenly spaced retaining walls with a maximum height of 30 inches each.
P/L Landscaped terraces 30”
max height. Must be evenly
spaced, and may be located
within the front or rear of
the encroachment area
Rear half of encroachment
area; 72” max above Strand
walkway
Strand Walkway
30” Max
72” Max
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FENCES AND WALLS
Fences and walls are permitted to be a maximum height of 42 inc hes above the adjacent Strand walkway except that terraced landscap ed planter walls, as allowed in the Usable Surfaces section on the previous page may have a maximum combined height of 72 inches.
Corner properties bordering a parking lot entrance or exit are allowed to have walls and fences on the vehicular street side to a maximum height of 6 feet above the adjacent curb level except that a maximum height of 3 feet shall be permitted adjacent to driveway/roadway intersections.
Encroachment Standards
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V
ehicular Street Standards
(Private Improvements)
Where public property exists adjacent to private property that has not been improved for public use, the unimproved areas may be devel oped according to the following standards. These areas are labled as “Encroachment Area” on the following two diagrams (pages 14 and 15).
FENCES AND WALLS
Fences and walls are limited to a maximum height of 42 inches, measured from the existing adjacent public property grade at th e fence or wall location. Open-design fences or guard rails required by th e Building Official to exceed the 42 inch maximum height are allowed on to p of retaining walls if necessary to retain a neighbor’s grade at a side property line.
A minimum setback of 2 feet is required behind existing or requ ired street improvements ( labled as “Lowscape” on the following diagrams). These areas may be improved with low-lying landscape, such as ground- cover or grass.
VISIBILITY AND ACCESS
To ensure visibility and access at street corners, limitations may be required for corner properties. Additional limitations may be imposed on fences and walls near driveways to ensure traffic visibility. A s these situations need to be evaluated on a case-by-case basis, please contact the City Public Works Department for more information (310) 802-5300.
MATERIALS
Ground cover such as pavement (including brick or other decorat ive surfaces) and landscaping are permitted on the existing grade i n the encroachment area. Decks or similar structures placed on or el evated above the existing public property are prohibited.
The following diagrams illustrate improvements which may be required within the Tree Section.
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Loose gravel and similar material as determined by the Public W orks Department are not permitted.
GRADING
Significant alteration of the existing public property grade is prohibited, unless determined to be necessary to accommodate a required pub lic street improvement.
DRAINAGE
Drainage from a private collection system that discharges a con centrated flow shall be directed to a public vehicular alley or street via a non-erosive device pursuant to Public Works Department construction standards except as permitted by the Director of Public Works. Drainage is not allowed to be discharged in a concentrated flow over a public walkway.
UTILITIES
A minimum of 30 inches of clearance is required on each side of all water and sewer mains for free-standing and retaining walls with a continuous footing, unless otherwise approved by the Director of Public Works.
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V
ehicular Street Standards
(Required Improvements for Public Uses)
Pursuant to Ordinance 2042, street improvements, including side walks, curbs, gutters, parking pads and paving may be required by the Public Works Department for the purpose of maintaining or improving co nditions related to drainage, visibility, access, maneuverability or pub lic parking, and, if required, shall be constructed in compliance with City standards.
Street improvements will be required as a condition of a buildi ng permit on any property abutting public property which would result in the alteration or addition of more than fifty percent (50%) of the value of the existing structure located on private property.
The following diagrams are intended to help the private property owner determine the appropriate locations for both “private” and “req uired” public property improvements throughout different areas of the City.
TREE SECTION
The Tree Section of Manhattan Beach is bounded by Rosecrans Ave nue on the North, Sepulveda Boulevard on the East, Manhattan Beach Boulevard to the South; and a West boundary beginning with Manhattan Beach Boulevard and progressing north on Valley and again north along Blanche and Bell (as seen on the following map).
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This diagram illustrates improvements on non-standard streets (ie. no improved curb, gutter and sidewalk). These areas are generally not
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located within the Tree Section, with some exceptions.
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S
ubmittal and Process Requirements
SUBMITTAL
The following items may be required for an Encroachment Permit for private development on the public property. The encroachment pl an shall be included in the blueprint drawings submitted for development o n private property if the Encroachment Permit is proposed in conj unction with a Building Permit Application. If no other building constr uction is being proposed, other than the construction in the encroachment area, drawings shall be submitted independently. An Encroachment Permit Application must also be completed and submitted along with the required plans. Plans that do not conform to the standards explained in t h i s document can only be approved by the City Council after review by the City Parking and Public Improvements Commission (PPIC). It is recommended that conceptual plans be reviewed with a planner an d the Public Works Department prior to the preparation of final plans.
The following list consists of the general requirements for per mit submittal. More or less information may be required depending on the complexity of the project.
1. FOUR (4) COPIES OF ARCHITECTURAL PLANS, with the following items:
Site Plan, Elevation Drawings from the front and both sides, and Cross Section Views showing, dimensioning, and labeling the following:
North arrow;
Appropriate scale for legibility;
Encroachment area boundaries, adjacent property lines, adjacent public right-of-way improvements (such as sidewalk, street, wal k street, etc.), and adjacent street and walk street centerlines;
Elevation points of public walkway (edge of walkway, top of curb, etc.), neighboring private property grades, and finished surfac es
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(decks, patios, landings, etc);
Elevation points of all structures (top of wall, top of fence, etc.), finished surface, existing grade, and finished grade;
Location and elevation (finished floor, finished grade) of adjo ining building on private property;
Existing and proposed structures, fences, planters, and retaining walls;
Proposed materials for all new construction;
Existing and proposed steps, landings, decks, patios, handrails , and guardrails;
Existing and proposed utilities within the public property incl uding:
water mains, house water meter boxes, sewer main lines, manholes and clean-outs, street lighting, and electrical power lines; Existing and proposed lighting;
Existing and proposed landscaped areas; and
Elevation points of landscaped areas (finished grade).
Landscape Plan of proposed and existing-to-remain l andscaping showing:
All irrigation (sprinkler heads, backflow device, etc.); Types of landscaping (ground cover, shrub, tree, etc.), common and botanical names, size, and quantities of plants; and Percentage of proposed public property landscaping.
Drainage Plan showing:
Proposed drainage pattern; and
That all site drainage will terminate at an approved public way location via a non-erosive device.
2. TOPOGRAPHIC/BOUNDARY SURVEY may also be required
depending upon scope of project.
.
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FINAL APPROVAL
An on-site inspection is required for development on public pro perty and will be conducted by either the Building Division, Planning Division, or Public Works Department depending on the nature of the improvem ents.
Prior to final inspection of encroachment improvements, the pro perty owner will be required to provide the following:
Insurance endorsement and certificate of insurance naming the C ity as additional insured; and
A notarized Encroachment Permit Agreement that contains the ter ms and conditions of the permit approval.
REVOCATION
Permits may be modified or revoked by the City Council if the a pplicant fails to comply with any of the encroachment requirements.
FURTHER INFORMATION
For questions or further information regarding private construc tion on public property, please visit the City’s website at www.citymb. info, contact the Planning Division at (310) 802-5520, or visit the Community Development Counter Monday through Thursday, 7:30 AM to 5:30 PM , or on Fridays, 7:30 AM to 4:30AM.
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CITY OF MANHATTAN BEACH COMMUNITY DEVELOPMENT
1400 Highland Avenue, Manhattan Beach, CA 90266
ERIK ZANDVLIET, T.E., CITY TRAFFIC ENGINEER
www.citymb.info • [email protected] • (310) 802-5522 July 7, 2025
Current Resident/Property Owner
Dune Section
Manhattan Beach, CA 90266
RE: Public Parking Pads in Sand Dune Section of City
Dear Current Resident/Property Owner:
Parking pads are a fairly unique feature in several areas of the City on streets where there are no curbs. While many of them are customized with decorative pavements and features, they are still public parking spaces located within the street right-of-way and must remain open to the public, just as if they were located along the curbside. In the Sand, Dune and Tree sections, these parking spaces help fill a critical demand for public parking, and we need everyone’s cooperation to guarantee that all public spaces are used to their full potential.
This letter is a reminder that parking pads are public parking spaces and shall not be used for any other purpose, such as for reserved private parking, patios or private yards, even though it may seem like it is part of your front yard. Consequently, you also have a right to park on the public parking pads in front of other homes. Vehicles parked on parking pads are subject to the same vehicle laws and restrictions as if they are parked on the street pavement, including the 72-hour maximum parking time limit. A parking pad is not the same as a driveway, however, which provides private access to a garage or carport (and private parking).
In an effort to reduce illegal privatization of parking pads in the Dune Section, you may have noticed that the City has posted new signs as you enter your neighborhood to inform citizens of the legality of the public parking pads. Second, certain ambiguous spaces that may appear private will be labeled with a “PUBLIC PARKING” stencil for clarity. Third, our Code and Parking Enforcement officers are identifying pads being used for private purposes and are sending notices or issuing citations to those violators.
We believe this multi-disciplinary solution will maximize the availability of public parking for all residents and help ease tensions between neighbors. Thank you in advance for keeping these parking pads open for all users. If there are any questions about the public parkway area in front of your home or the codes related to it, please feel free to contact me at (310) 802-5522 or [email protected].
Sincerely,
Erik Zandvliet, T.E.
City Traffic Engineer
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