Manhattan Beach Municipal Code Ch. 9.72 Street Improvements

No building or structure shall be constructed or erected, nor shall any improvements or replacements be made upon any property abutting a public right-of-way which would result in the alteration or addition of more than fifty (50%) percent of the value of the existing structure, as determined by Section 202 of the California Building Code and Section R202 of the California Residential Code, unless the plans and specifications of all driveways, driveway aprons, sidewalks, curbs, gutters, curb ramps and street paving to be built in the public right-of-way abutting such lot or parcel of property are filed with and approved by the Department of Public Works, and unless all necessary driveways, driveway aprons, sidewalks, curbs, gutters and street paving are installed concurrently with any construction, erection, addition or alteration upon the concerned lot or parcel of property consistent with the current City or regulatory standards such as Americans with Disabilities Act (ADA), etc. This may require removal of any and all existing infrastructure to ensure compliance. Any work in the public right-of-way requires a separate permit pursuant to the requirements as set forth in Chapter 7.16 of this Code and shall be constructed to current City codes and standards.

In addition, to any regular or special inspection which may occur, the city's Public Works Department shall inspect the condition of the public rights-of-way inclusive of any new or existing grading, landscaping, pedestrian pathway, sidewalk, driveway, driveway apron, concrete curbs, gutter, curb ramps and pavement condition abutting or fronting on a particular piece of property of any building or facility prior to the issuance of an occupancy permit or close-out of a building permit that is valued in excess of five thousand dollars ($5,000.00) pertaining to occupancy or construction on that property. Any non-code compliant matters or conditions of disrepair observed may be required to be rectified as directed by Department of Public Works Director. All such permits, prior to final issuance, shall require notation that a Public Works Department inspection was completed and that either the conditions within the public rights-of-way is not in need of repair or that repair has been completed or that repair has been bonded to the satisfaction of the Public Works Department Director.

(§ 1, Ord. 1408, eff. April 3, 1975; Ord. No. 20-0022, § 1, eff. October 20, 2020)

Where street right-of-way exists adjacent to private property, and such right-of-way has not been improved for use as a public street driving surface, parking area, sidewalk or drainage as approved by the City Engineer, such right-of-way will be developed according to the following standards:

A. Tree Section:

1. The tree section shall be defined as the area bounded by Rosecrans Avenue on the North, Sepulveda Blvd. on the East, Manhattan Beach Blvd. on the South, and a West boundary beginning with Manhattan Beach Blvd. and going north on Valley to Blanche to Bell to Rosecrans.

2. For streets with a forty foot (40′) right-of-way the area constructed beyond the public street driving surface will be constructed according the City's Standard Diagram for forty foot (40′) wide streets in this area.

3. For streets with a fifty foot (50′) right-of-way the area constructed beyond the public street driving surface will be constructed according the City's Standard Diagram for fifty foot (50′) streets in this area.

4. For corner lots in the tree section, a minimum of two (2) public parking spaces will be provided. These parking spaces will be constructed according the City's standard plan for parking spaces.

B. Other Provisions for Construction in the Tree Section and Other Non-Standard Street Right-of-Way:

1. Street right-of-way improvements shall be required to be constructed as a condition of a building permit issued for construction on any property abutting a public right-of-way which would result in the alteration or addition of more than fifty percent (50%) of the value of the existing structure, as determined by Section 303(A) of the Uniform Building Code.

2. Permitted improvements must conform to the provisions of the diagram for nonstandard streets.

3. Irrigation systems are prohibited in the street right-of-way used for driving or vehicle parking.

4. Landscaping the street right-of-way is subject to provisions of encroachment permit regulations found in Chapter 7.36 of MBMC. Planting of new trees will not be allowed where minimum parking requirements are not met.

5. Existing trees located in the street right-of-way will be preserved where possible.

6. An obstruction-free corner radius per the City's standard plan may be required to assure adequate vehicle access to the street.

C. Duty to Repair.

1. It shall be the duty of every person owning real property within the City to keep in repair street right-of-way area abutting their real property (not including public street driving surface). If the failure of an abutting owner to maintain the street right-of-way area results in damage or injury to a member of the public, said abutting owner shall be liable to such member of the public.

(§ 2, Ord. 2042, eff. February 18, 2003)

For purposes of this chapter, a block shall be defined as one (1) side of that segment of a public street or alley which lies between the centerline intersection of a public street and the centerline intersection of the public street nearest thereto. In the event an intersecting street is not continuous through the subject street, the limit of the block on the subject street shall be established by the extension of the centerline of the noncontinuous intersecting street. The length of the block shall be the total lineal footage, measured along the property lines common to both the public street or alley and the adjacent properties, on one (1) side of the public street or alley within the subject block.

(§ 1, Ord. 1408, eff. April 3, 1975; Ord. No. 20-0022, § 2, eff. October 20, 2020)

The required driveways, driveway aprons, sidewalks, curbs, gutters and street paving in the public right-of-way abutting that lot or parcel of property upon which the referred to buildings or structures are to be constructed, erected, added to or altered, shall be installed within that area encompassed by the prolongation of the exterior boundary lines of the lot or parcel of property with such prolongation of these lines extending to the centerline of the public right-of-way abutting said lot or parcel of property, and these improvements shall be installed in such a manner as to conform with currently existing improvements.

(§ 1, Ord. 1408, eff. April 3, 1975)

In lieu of construction as hereinabove referred to, the construction of such driveways, driveway aprons, sidewalks, curbs, gutters, curb ramps and street paving may be made at any time prior to the final inspection by the Building Official for such construction, erection, addition or alteration provided there is contained on any building permit issued for such construction, erection, addition or alteration a statement approved by the Department of Public Works that the installation of such required improvement shall be a condition precedent to final inspection by the Building Official. Provided, however, that the required improvement may be completed within a reasonable period of time, after occupancy, as determined by the Building Official, subject to the owner, contractor or tenant affected thereby posting a bond with the City in the amount to be determined by the Public Works Director as the cost of the subject public right-of-way improvement to ensure the specific performance of said required improvement.

(§ 1, Ord. 1408, eff. April 3, 1975; Ord. No. 20-0022, § 3, eff. October 20, 2020)

When practical difficulties, unreasonable hardships, or results inconsistent with the general purposes of this chapter occur by reason of the strict interpretation and application of any of the provisions of this chapter, any owner, contractor or tenant affected thereby may file an application for relief from the provisions of Section 9.72.010 of this chapter, pursuant to Section 7.36.080 of this Code.

(§ 1, Ord. 1408, eff. April 3, 1975; Ord. No. 20-0022, § 4, eff. October 20, 2020)