Bradbury Municipal Code Ch. 139 General Requirements

No building shall be constructed, nor shall a permit for construction of a building be issued, for any residential building, or any portion thereof, unless the location of such building and the access thereto is in substantial conformance with that shown on the approved tentative map for such project.

(Ord. No. 297, § 9.07.040.010, 3-20-2007)

(a) A tentative and final map is required for all subdivisions creating five or more parcels as provided in Section 66426 of the Subdivision Map Act.

(b) A parcel map is required for all subdivisions for which a tentative and final map is not required.

(c) No person shall offer to sell, lease, finance or transfer title to, contract to sell, lease, finance or transfer title to, sell, lease, finance or transfer title to, commence construction of any building other than a model home on, or permit the occupancy other than for model home purposes of any building on any real property for which a final map or parcel map is required, until the required map has been filed for record by the County Recorder. These prohibitions shall not apply in the case of a parcel map requirement where a waiver has been approved, and to a minor lot line adjustment approved pursuant to Section 9.166.120, or in any instance where a certificate of compliance has been issued and any required conditions have been fulfilled as provided in the Subdivision Map Act nor do the provisions of this section apply to any parcel of a subdivision offered for sale, lease, financing or transfer, or sold, leased, financed or transferred in compliance with or exempt from any law, including this part or any other ordinance of the City, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

(Ord. No. 297, § 9.07.040.020, 3-20-2007)

Parcel maps are not required for subdivisions created by short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Public Utilities Code § 230, or for land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, and pursuant to Section 9.148.120, that public policy necessitates such a parcel map.

(Ord. No. 297, § 9.07.040.030, 3-20-2007)

(a) A parcel map which has been conditionally approved by the City Council shall be submitted to the City Engineer for examination. The City Engineer shall, upon completion of examination of the parcel map and receipt of any reports from City and County officers and departments required pursuant to Section 9.163.040, prepare a recommendation for the City Council to approve the map if it conforms to the tentative map, as approved, and the conditions of approval of the tentative map and all applicable requirements of this part and of the Subdivision Map Act have been complied with.

(b) The City Council shall, at the time of action on a final parcel map, accept, subject to improvement, or reject dedications and irrevocable offers of dedications that are made by certificate on the map.

(Ord. No. 297, § 9.07.040.040, 3-20-2007)

With each filing of a tentative map of a subdivision, including a minor land division, the subdivider shall file a radius map, mailing list and labels, and affidavit required by Section 9.31.015.

(Ord. No. 297, § 9.07.040.050, 3-20-2007; Ord. No. 375, § 14, 5-18-2021)

Prior to the approval by the City Council of any tentative or parcel map, including a tentative minor land division map, submitted pursuant to this part, a public hearing shall be held before the Planning Commission for recommendation and City Council for approval. Any interested person may appear at such a hearing and shall be heard.

(Ord. No. 297, § 9.07.040.060, 3-20-2007)

Notice of public hearings shall be given as provided in Chapter 31.

(Ord. No. 297, § 9.07.040.070, 3-20-2007; Ord. No. 375, § 14, 5-18-2021)

The adjustment of lot lines between two or more existing adjacent parcels may be accomplished as provided in Section 9.166.120.

(Ord. No. 297, § 9.07.040.090, 3-20-2007)

The City Council shall not approve a tentative map, or a parcel map for which a tentative map was not required, unless it makes all of the following findings:

(1) That the proposed map is consistent with applicable general and specific plans and zoning code.

(2) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans and zoning code.

(3) That the site is physically suitable for the type of development.

(4) That the site is physically suitable for the proposed density of development.

(5) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

(6) That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

(7) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

(8) That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

(9) For subdivisions in the City which are located in a very high fire hazard severity zone as shown in the City's General Plan, the following findings must also be made:

a. That the design and location of each lot in the subdivision, and the subdivision as a whole, are consistent with any applicable regulations adopted by the State Board of Forestry and Fire Protection pursuant to Public Resources Code §§ 4290 and 4291;

b. That structural fire protection and suppression services will be available for the subdivision by an entity listed in Government Code § 66474.02; and

c. That to the extent practicable, ingress and egress for the subdivision meets the regulations regarding road standards for fire equipment access adopted pursuant to Public Resources Code § 4290 and any local ordinance of the City.

The findings in Subsections (9)a and b of this section must be supported by substantial evidence.

(Ord. No. 297, § 9.07.040.100, 3-20-2007)