Manhattan Beach Municipal Code Ch. 11.20 Dedications and Improvements

The standards and requirements of this chapter shall apply to all final maps. Additional requirements may be added by either Community Development, City Council, Planning Commission or the City Engineer. Exemption from these requirements may be granted by Community Development or by such person or agency prescribed in this chapter.

(§ 2, Ord. 1990, eff. December 3, 1998)

A. All streets, highways, alleys, ways, easements, rights-of-way and parcels of land shown on the final map and intended for public use shall be offered for dedication for public use by appropriate certificate on the title page. All irrevocable offers of dedication shall also be shown by appropriate certificate on the title page.

B. When vehicular access rights from any lot or parcels to any highway or street are restricted, such rights shall be offered for dedication to the City by the appropriate certificate on the title sheet, and a note stating "VEHICULAR ACCESS RIGHTS DEDICATED TO THE CITY OF MANHATTAN BEACH" shall be lettered along the highway or street adjacent to the lots or parcels affected on the final map.

C. All streets, highways, alleys, ways, easements, rights-of-way and parcels of land offered for dedication shall be developed and improved to the standards of the City.

(§ 2, Ord. 1990, eff. December 3, 1998)

A. Private streets, alleys or ways will be permitted only when the welfare of the occupants of the subdivision will be better served and the public's welfare will not be adversely affected. Such private streets, alleys or ways shall not be offered for dedication and shall be shown on the final map as part of adjacent parcel(s) or property of the homeowners association, with a note on the map as to the purpose.

B. All such access ways shall be governed by maintenance agreements. Said agreements shall be approved by the City and made a part of the property deeds.

(§ 2, Ord. 1990, eff. December 3, 1998)

Any public or private utility easements required by the various utilities or the City shall be shown on the final map and dedicated to the appropriate agency by separate document.

(§ 2, Ord. 1990, eff. December 3, 1998)

A. When storm drains are necessary for the general use of lot or parcel owners in the subdivision and such storm drains are not to be installed in the public streets, alleys or ways of such subdivision, then the subdivider shall offer to dedicate upon the final map thereof the necessary rights-of-way for such facilities.

B. When the property being subdivided or any portion thereof is so situated as to be in the path of the natural drainage from adjoining unsubdivided property, and no street, alley or way within the subdivision is planned to provide for the drainage of such adjoining property, the subdivider shall dedicate drainage rights-of-way adequate to provide in the future for the ultimate drainage of the adjoining property.

C. The subdivider shall be responsible for mitigating any impacts caused by drainage flowing from the property being subdivided to any adjacent property.

(§ 2, Ord. 1990, eff. December 3, 1998)

Pursuant to Section 66478 of the Subdivision Map Act, the City may require any subdivider who develops or completes the development of one or more subdivisions in the City to dedicate to the school district such land as the City deems to be necessary, for the purpose of constructing thereon, such elementary schools as are necessary to ensure adequate public school service to the residents of the subdivision.

(§ 2, Ord. 1990, eff. December 3, 1998)

The City may require that areas of real property within the subdivision be reserved for parks, recreational facilities, fire stations, libraries or other public uses subject to the provisions of Section 66479 of the Subdivision Map Act.

(§ 2, Ord. 1990, eff. December 3, 1998)

Pursuant to Sections 66485 and 66486 of the Subdivision Map Act, the City may require that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number or length for the benefit of property not within the subdivision, and that these improvements be dedicated to the public.

(§ 2, Ord. 1990, eff. December 3, 1998)

Pursuant to the provisions of Section 66411.1 of the Subdivision Map Act, the City may require dedication of rights-of-way, easements and construction or reimbursement of reasonable off-site and on-site improvements for the parcels being created.

(§ 2, Ord. 1990, eff. December 3, 1998)

A. Intent. This chapter is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act. The provisions of this chapter shall not apply to any subdivisions exempted from dedication requirements by Section 66477 of the Subdivision Map Act.

B. Requirements. As a condition of approval of a tentative map, the subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, at the option of the City, for park and recreational purposes at the time and according to the standards and formulas contained in this chapter.

C. General Standard. It is found and determined that the public interest, convenience, health, welfare and safety require that five (5) acres of property for each one thousand (1,000) persons residing within this City be devoted to local park and recreational purposes.

D. Formula for Dedication of Land. Where a park or recreational facility has been designated under the "master park and recreation plan," an element of the City's General Plan, and is to be located, in whole or in part, within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Alternative A: Formula based on population estimate

The formula for determining acreage to be dedicated shall be as follows:

(Example for single-family DU: 3.6 × 5 / 1,000 = .018 ac./U

The following table of population density is to be followed:

Park Land Dedication Formula Table

Alternative B: Formula based on dwelling units

The formula for determining acreage to be dedicated shall be as follows:

The amount of land to be provided shall be the parkland acreage per dwelling unit applied to the number of parcels (dwelling units) that will be created through the subject subdivision. In the event that a parcel is created where there is an existing dwelling unit, and the dwelling unit will remain on the newly created parcel, said parcel shall be exempt from the parkland acreage calculation. Dedication of the land shall be made in accordance with the procedures contained in subsection J of this section.

E. Formula for Fees in Lieu of Land Dedication.

1. General Formula. If there is no park or recreational facility designated in the General Plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in subsection D of this section and in an amount determined in accordance with the provisions of subsection G of this section.

2. Fees in Lieu of Land. If the proposed subdivision is exempt under the Subdivision Map Act Section 66477 from dedication requirements but is subject to the requirement of fees in lieu of land or if the city elects to require a fee in lieu of dedication, the subdivider shall pay a fee equal to the value of the land prescribed for dedication in subsection D of this section and in an amount determined in accordance with the provisions of subsection G of this section.

3. Use of Money. The money collected under this section shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision, including the purchase of necessary land and the improvement of such land for park or recreational purposes.

F. Criteria for Requiring Both Dedication and Fee. The City may require the subdivider to both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

1. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park, such portion shall be dedicated for local park purposes, and a fee computed pursuant to the provisions of subsection E of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection D of this section.

2. When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated for local park purposes, and a fee computed pursuant to the provisions of subsection E of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection D of this section.

G. Amount of Fee in Lieu of Land Dedication. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to subsection D of this section. The fee shall be paid pursuant to the provisions contained in subsection J of this section. The "fair market value" of the land at the time of filing the tentative map shall be determined by the City using one of the of the following methods:

1. The assessed market valuation established by the Los Angeles County Tax Assessor, if the land has been assessed within the last calendar year.

2. The sale price of the land, if the land has been sold within the past five (5) years, plus the inflation rate established by the Consumer Price Index (C.P.I.) for each year subsequent to the sale, plus any contingencies established at the sale which would increase the market value. Documentation of the price established in escrow and the escrow instructions which would affect the final sale price, if any, shall be submitted to Community Development by the developer.

3. The sale price of comparable properties in the area, taken from transactions that have completed escrow within the previous year.

4. An appraisal performed by a member of the appraisal institute (M.A.I.) appraiser, to be paid by the developer, if none of the above methods are applicable.

H. Determination of Land or Fee. The City shall determine whether land dedication, the payment of a fee in lieu thereof, or a combination of both, shall be required. Whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. Recreational element of the City's General Plan;

2. Topography, geology, access and location of land in the subdivision available for dedication;

3. Size and shape of the subdivision and land available for dedication;

4. The feasibility of dedication;

5. Availability of previously acquired park property. Only the payment of fees shall be required in subdivisions containing fifty (50) parcels or less, or in condominium projects, stock cooperative projects, or community apartment projects containing fifty (50) dwelling units or less. The determination of the City as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

I. Credit for Private Open Space. No credit shall be given for private open space in a subdivision.

J. Procedure.

1. At the time of approval of the tentative map, the City, by the recommendation of the Planning Commission, shall determine pursuant to subsection H of this section, the land to be dedicated and/or fees to be paid by the subdivider.

2. At the time of the filing of the final map, the subdivider shall dedicate the land or pay the fees as previously determined by the City.

3. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final map and shall be recorded contemporaneously with the final map.

(§ 2, Ord. 1990, eff. December 3, 1998)

Standards for design and improvement of subdivisions shall be in accordance with the applicable sections of this title and Title 10, the General Plan, and any specific plans adopted by the City.

(§ 2, Ord. 1990, eff. December 3, 1998)

A. The applicant shall submit a preliminary soils and/or geology report, prepared by a civil engineer and/or geologist, registered in the State, based upon adequate test borings, for every subdivision for which a final map is required. The preliminary soils and/or geology report shall be submitted to the City Engineer for review. The City Engineer may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory. The preliminary soils and/or geology report may be waived if the City Engineer finds that sufficient knowledge exists as to the soils qualities of the soils of the subdivision.

B. In the event the preliminary soils report indicates the presence of critically expansive soils, or other soils problems which, if not corrected, could lead to structural defects, a soils investigation of each lot or parcel in the subdivision shall be required and must be performed by a civil engineer registered in the State who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

C. In the event the preliminary soils report indicates the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate, a soils investigation of each potentially affected lot or parcel in the subdivision shall be required and must be performed by a civil engineer registered in the State who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

D. The subdivision or any portion thereof where such soils problems exist may be approved if it is determined that the recommended action is likely to prevent structural damage to each structure to be constructed and that the issuance of any building permit shall be conditioned to include this recommended action in connection with the construction of each structure involved.

E. A note shall be placed on the final map stating that a geology and/or soils report has been prepared in conjunction with the subdivision, or stating that the geological and/or soils report has been waived pursuant to subsection A of this section.

(§ 2, Ord. 1990, eff. December 3, 1998)

At the time of making the survey for all final maps, the engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Subdivision Map Act and shall set the following additional monuments:

A. Exterior Boundary Monuments. Prior to recording the final map, the exterior boundary of land being subdivided shall be adequately monumented. Boundary monuments shall be durable monuments of not less than two-inch (2″) iron pipe, at least eighteen inches (18″) long, set in concrete at each boundary corner.

B. Interior Monuments.

1. Parcel lot comers shall be monumented with not less than one-half-inch (½″) iron pipe. In condominium-type projects where walls or structures define the parcel lines, no corner monuments need be set.

2. Additional interior monumentation shall be indicated on the back edge of the adjacent sidewalk by scored line in the fresh concrete.

3. Centerline monuments shall be set at the intersections, streets, alleys and ways, the beginning and ends of curves, and the points of intersections of tangents, when such points fall within the paved roadway. Monuments shall be spikes not less than eight inches (8″) long.

4. All monuments set as required in this section shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made.

(§ 2, Ord. 1990, eff. December 3, 1998)

Prior to the approval by the City of the final map, the subdivider shall execute and file an agreement with the City specifying the period within which improvement work shall be completed to the satisfaction of the City Engineer, and providing that if the subdivider fails to complete the work within such period, the City may complete the same and recover the full cost and expense thereof from the subdivider. This agreement shall also provide for inspection of all improvements by the City Engineer and reimbursement to the City for the cost of such inspection by the subdivider. Such agreement may also provide:

A. For the construction of the improvements in units; and

B. For an extension of time under conditions therein specified; and

C. For the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the City Engineer to be at least the equivalent of the improvements specified in such agreement and required to be constructed by the subdivider; and

D. For progress payments to the subdivider, or his or her designee from any deposit money which the subdivider may have made in lieu of providing a surety bond; provided, that no such progress payment shall be made for more than ninety percent (90%) of the value of any installment of work; and provided further, that each such installment of work shall be completed to the satisfaction of the City Engineer.

(§ 2, Ord. 1990, eff. December 3, 1998)

To guarantee the performance of any action or agreement with regard to the proposed subdivision, security shall furnished in the following amounts:

A. An amount determined by the City Engineer to be one hundred percent (100%) of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement;

B. An additional amount determined by the City Engineer, not less than fifty percent (50%) nor more than one hundred percent (100%) of the total estimated cost of the improvement or the performance of the required act; plus

C. An amount determined by the City Engineer necessary for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

(§ 2, Ord. 1990, eff. December 3, 1998)

The monumentation agreements shall be accompanied by a faithful performance bond in a sum equal to the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes.

(§ 2, Ord. 1990, eff. December 3, 1998)

All faithful performance bonds referred to in Sections 11.20.150 and 11.20.160 of this chapter shall be furnished by a surety company rated A or AA and admitted in the State of California and shall be subject to the approval and acceptance by the City Attorney and City.

(§ 2, Ord. 1990, eff. December 3, 1998)

At the option of the City, in lieu of any faithful performance bond required by Sections 11.20.150 and 11.20.160 of this chapter, the subdivider may deposit with the City a sum of money, letter of credit, negotiable bonds, or other suitable security, equal to the required amount of such bond or security for the faithful performance thereof.

(§ 2, Ord. 1990, eff. December 3, 1998)

The improvement security required under this chapter shall be released in the following manner:

A. Security given for faithful performance of any act or agreement shall be released upon the performance of the act or final completion and acceptance of the required work, subject to the provisions of subsection B of this section.

B. The City, upon recommendation of the City Engineer, may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses, if application is made by the subdivider, provided, however, that no such release shall be for an amount more than seventy-five percent (75%) of the total improvement security given for faithful performance of the act or work, until final completion and acceptance of the act or work. In no event shall the City authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this title, the Subdivision Map Act or any improvement agreement. The City may authorize any of its public officers or employees to authorize release or reduction of the security in accordance with the conditions herein above set forth and in accordance with such rules as it may prescribe.

(§ 2, Ord. 1990, eff. December 3, 1998)