Bradbury Municipal Code § 9.85.400 Definitions

For purposes of this article IV, the following definitions shall apply:

Housing development shall mean no more than two primary units on a lot within a single-family zone that meets the requirements of this section. The two units may consist of two new units or one new unit and one existing unit.

Single-family residential zone shall mean the R-7,500 Single-Family Residential Zoning District, the R-20,000 Single-Family Residential Zoning District, the A-1 Agriculture Residential Estate Zoning District, the A-2 Agriculture Residential Estate Zoning District, and the A-5 Agriculture Residential Estate Zoning District.

Urban lot split means a lot split of a single-family residential lot into two parcels that meets the requirements of Chapter 164 of the Development Code.

(Ord. No. 398, § 2, 7-15-2025)

(a) The City shall approve or deny an application for a housing development within 60 days from the date of a complete application.

(b) If the City fails to approve or deny an application within this time frame, the application shall be deemed approved.

(c) If the City denies the application, it must provide the applicant with a full set of comments with a list of items that are defective or deficient and a description of how the application can be remedied within 60 days from a complete application.

(Ord. No. 398, § 2, 7-15-2025)

The City shall ministerially approve a housing development containing no more than two primary units if it meets the following requirements:

(1) The parcel is located within a single-family residential zone.

(2) The parcel is not located in any of the following areas and does not fall within any of the following categories:

a. A historic district or property included on the State Historic Resources Inventory, as defined in California Public Resources Code section 5020.1, or within a site that is designated or listed as a City landmark or historic property or district pursuant to a City ordinance.

b. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c. A very high fire hazard severity zone as further defined in California Government Code section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development.

d. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the City's Building Department.

e. A special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for ministerial approval under this section, the City shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

1. The site has been subject to a letter of map revision prepared by FEMA and issued to the City; or

2. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii).

f. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for ministerial approval under this section, the City shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site.

g. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code section 65913.4(a)(6)(I).

h. Habitat for protected species identified as candidate, sensitive, or species of special status by State or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with section 2050) of Fish and Game Code Division 3), or the Native Plant Protection Act (Chapter 10 (commencing with section 1900) of Fish and Game Code Division 2).

i. Lands under a conservation easement.

(3) The proposed housing development would not require demolition or alteration of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

b. Housing that has been occupied by a tenant in the last three years.

(4) Unless demolition or alteration is prohibited pursuant to subsection (3) above, a housing unit may be demolished.

(5) The parcel is not a parcel on which an owner of residential real property has exercised his rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application.

(6) The development is not located within a historic district or property as specified in Government Code section 65852.21(a)(5).

(Ord. No. 398, § 2, 7-15-2025)

(a) For lots developed under Government Code section 65852.21 (SB 9) where there is no lot split, the total number of units allowed shall not exceed four units and may be in any configuration of primary units, ADUs and JADUs, provided there are not more than two primary units, at least one of which must meet the minimum size requirement of the zone. Accessory living quarters shall also be allowed in addition to the four units as provided for in Article III above.

(b) For lots developed under Government Code section 65852.21 where there has been a lot split under Chapter 164 of the Development Code, the total number of units allowed on each lot shall not exceed two units in any configuration of primary units, ADUs, and JADUs, but must include at least one primary unit per lot. At least one primary unit on any of the lots must meet the minimum size requirement of the zone. Accessory living quarters shall also be allowed as provided for in Article III above, provided that the square footage of such units is split in the same proportion as the lot split under Chapter 164 of the Development Code.

(Ord. No. 398, § 2, 7-15-2025)

The following requirements shall apply in addition to all other objective standards pertaining to the underlying zone. In cases of conflict, the requirements set forth in this section shall prevail:

(1) No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

(2) Except for those circumstances described in subsection (1) above, for any new housing developed under this chapter, the setback for side and rear lot lines shall not be less than four feet. This does not prevent the applicant from providing a larger setback. The front setback shall be as set forth in the applicable single-family residential zone.

(3) The applicant shall provide easements for the provision of public services and facilities as required.

(4) Driveways shall be provided in accordance with Chapter 103 of the Development Code. Easements shall be provided as required to ensure pedestrian and vehicular access across lots.

(5) Required off-street parking shall be limited to one space per unit, except that no parking shall be required if the parcel is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop, or there is a car share vehicle located within one block of the parcel. Parking spaces shall meet the following requirements:

a. Parking spaces may be covered or uncovered, and shall be allowed in the paved portions of setback areas.

b. Tandem parking between units shall be prohibited.

(6) For residential units connected to an onsite wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last five years, or if the percolation test has been recertified, within the last ten years, which shows that the system meets acceptable infiltration rates.

(7) The number and size of the primary units, ADUs, and JADUs, allowed on a single lot or an SB 9 lot, shall comply with the other provisions of this title regulating such uses as set forth in Section 9.85.020, except that only one primary unit must comply with the minimum size of a primary unit for the zone.

(8) The number and size of accessory living quarters allowed on a single lot in one of the Agriculture Residential Estate zones shall not exceed that allowed in Article III of this Chapter. If the lot is split into two SB 9 lots, the total amount of accessory living quarters allowed on the single lot may be split between the two new lots as provided for in Section 9.85.300.

(9) Design standards. To the extent not superseded by this chapter, the SB 9 unit shall meet all existing objective design standards of the underlying zone.

(10) If there is no existing unit on the original parcel prior to any lot split allowed pursuant to Chapter 9.164, one of the allowed units may be built to the standards for a main house under the applicable zone.

(Ord. No. 398, § 2, 7-15-2025)

(a) The City shall not deny an application solely because it proposes adjacent or connected structures provided that all building code safety standards are met and they are sufficient to allow a separate conveyance.

(b) The City may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in California Government Code section 65589.5(d)(2), upon the public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 398, § 2, 7-15-2025)

An applicant for housing under this chapter shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:

(1) That the uses shall be limited to residential uses.

(2) That the rental of any unit created pursuant to this section shall be for a minimum of 31 consecutive calendar days.

(3) That the maximum number of units and square footage to be allowed shall be as set forth in Title IX of the Bradbury Municipal Code.

(Ord. No. 398, § 2, 7-15-2025)

(a) Unless contrary to the provisions of this chapter, all other applicable objective provisions of Title IX, including the provisions of the underlying zone, shall apply.

(b) Notwithstanding the above, the City shall not impose any zoning or design standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels under an urban lot split or that would result in a unit size of less than 800 square feet.

(Ord. No. 398, § 2, 7-15-2025)