Bradbury Municipal Code Ch. 94 General Property Development and Use Standards

(a) Purpose. The purpose of this chapter is to ensure that new or modified uses of land and development activity produce a stable environment and character which is in harmony with existing and future development. Such uses of land and development should not impact the use and enjoyment of neighboring properties, all of which shall be consistent with the goals and objectives of the adopted General Plan.

(b) Applicability. The standards of this chapter apply to all zoning districts. These standards shall be considered in combination with the standards for each zoning district. Where there may be a conflict, the standards specific to the zoning district shall override these general standards. All new or modified structures and uses shall conform with the standards of this chapter as determined applicable by the City Planner or Planning Commission, except as otherwise specified.

(Ord. No. 297, § 9.06.010.010, 3-20-2007)

Every structure shall be constructed upon a legally created lot or parcel of land with a permanent means of access to a public or private street or road conforming to City standards. All structures shall be located to provide safe and convenient access for the provision of municipal services such as fire and police protection. Private driveways shall be provided as required in this title.

(Ord. No. 297, § 9.06.010.020, 3-20-2007)

Development proposals shall be evaluated in compliance with CEQA, and the adopted General Plan's environmental policies, including, but not limited to, open space habitat, sensitive biological and botanical resources; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources; and geologic hazards.

(Ord. No. 297, § 9.06.010.030, 3-20-2007)

Development proposals shall be evaluated for compliance with the grading and drainage standards adopted by the City to ensure that proposed development and modifications to existing development comply with the environmental, safety drainage and design standards.

(Ord. No. 297, § 9.06.010.040, 3-20-2007)

(a) A written permit shall be obtained from the City Planning Department prior to development of landscapes as specified in Section 9.121.040.

(b) The City shall issue a permit if the applicant has submitted the landscape documentation package as required by Section 9.121.050 and the landscape project satisfies the requirements set out in Chapter 121 of this title.

(c) The permit fee for landscape project shall be established by resolution of the City Council, and shall be based on the estimated cost of reviewing the landscape documentation package, issuing the permit, and inspecting the project.

(Ord. No. 313, exh. B(9.06.010.045), 12-15-2009; Ord. No. 315, exh. B, 4-20-2010)

(a) Retention and reuse of stormwater. All drainage provisions shall be designed to retain stormwater on site or carry stormwater to the nearest on-site landscaped area. All drainage provisions shall be designed to retain stormwater on site or carry stormwater to the nearest on-site landscaped area.

(b) To the extent reasonably practicable, there shall be no stormwater runoff onto pavements or other non-permeable areas. To the extent that stormwater exceeds the amount that can be retained by the on-site drainage provision or carried to the nearest on-site landscape area, the overflow runoff may be carried by a secondary drainable provision to a public area, such as a street or natural watercourse. Drainage facilities shall be designed to carry stormwater to a natural watercourse approved by the City Engineer, and/or other appropriate governmental agency, as a safe place to deposit such waters. At least two percent grade toward the approved disposal area will be required for building pads, except as waived by the City Engineer for non-hilly terrain.

(c) Erosion prevention. Adequate provision shall be made to prevent any surface waters from damaging the face of an excavation or fill. All slopes shall be protected from surface water runoff from above by berms or swales.

(d) Terrace drains. All swales or ditches on drainage terraces shall have a minimum grade of five percent and must be paved. Drainage devices shall be paved with concrete with a minimum thickness of four inches or approved equivalent. They shall have a minimum depth at the deepest point of one foot. If the drain discharges onto natural ground, riprap may be required.

(e) Grading shall not increase, concentrate or divert drainage across lot lines, unless there is a drainage easement provided over the receiving property.

(f) Pervious pavements should be used in driveways, walkways, patios, and other areas of similar use to reduce surface water runoff.

(Ord. No. 313, exh. C(9.06.010.050), 12-15-2009; Ord. No. 315, exh. C, 4-20-2010)

(a) New development must incorporate design elements for:

(1) Prevention of stormwater runoff onto pavement and other non-permeable areas;

(2) Stormwater retention and reuse for irrigation of landscaped areas; and

(3) Rooftop designs, rain gutters, and other stormwater retention designs that can be directed towards landscaped areas and thereby reuse the stormwater.

(b) The Building Department is authorized to withhold, deny or grant conditional approval to any application for a building permit which involves:

(1) Construction upon, destruction of or curtailment in the capacity of storm drain facilities installed under and by virtue of this title;

(2) Construction, excavation or fill which changes the grade of the natural slope of the surface of any lot or lots so that the water drainage thereon is changed to run onto a different location or in greater quantity or at an accelerated rate, or in a way that creates a hazard to the public health, safety or property. The decision of the Building Official shall be based upon the recommendation of the City Engineer concerning the continued necessity of such drainage installations or of reasonable substitutes therefor.

(Ord. No. 313, exh. C(9.06.010.055), 12-15-2009; Ord. No. 315, exh. C, 4-20-2010)

The following provisions apply to the replacement of housing units.

(1) Replacement housing—Density bonus projects.

a. Replacement housing in density bonus projects shall be required for all protected units as set forth in Government Code Section 65913(c)(3).

b. This requirement applies to any housing development project of five or more residential units, including mixed-use developments.

c. Replacement units shall be located on the site of the housing development project.

(2) Replacement housing—Housing Crisis Act.

a. During such time as Government Code Section 66300 et seq., the Housing Crisis Act, is in effect and Bradbury is considered an "affected city" thereunder, the developer shall be required to provide replacement housing and tenant benefits in accordance with all applicable requirements of Government Code Section 66300.6.

b. This requirement applies to any housing development project of two or more units or any non-residential project which develops on a site which has protected housing units under the Housing Crisis Act.

c. If the project is a residential project, the replacement units shall be located on site of the housing development project.

d. If the project is a non-residential project, the replacement units may be located on a different site within the City, but the replacement units must be developed prior to or concurrently with the development project. The City shall not issue a certificate of occupancy for the non-residential project until the replacement units are under construction. The developer may contract with another entity to develop the required replacement housing.

(3) Replacement housing—Housing element inventory sites.

a. Replacement housing for projects developed on housing inventory sites shall be required as set forth in Government Code Section 65583.2(g)(3).

b. This requirement shall apply to a residential or non-residential project which develops on an inventory site which had housing protected under Government Code Section 65583.2(g)(3).

1. If the project is a residential project, the replacement units shall be located on site of the housing development project.

2. If the project is a non-residential project, the replacement units may be located on a different site within the City, but the replacement units must be developed prior to or concurrently with the development project. The City shall not issue a certificate of occupancy for the non-residential project until the replacement units are under construction. The developer may contract with another entity to develop the required replacement housing.

(4) Applicants shall be required to provide required information on a development application form under penalty of perjury.

(5) If a development project falls under more than one subsection above, it shall be required to comply with the most stringent provisions in cases of conflict.

(Ord. No. 399, § 5, 7-15-2025)