This chapter provides procedures and requirements for the preparation, filing, and processing of applications for permits and other entitlements required by this title.

(Ord. No. 297, § 9.04.010.010, 3-20-2007)

Table 28-1 identifies the City official or entity responsible for reviewing and making decisions on each type of application, development permit, amendment or other entitlement required by this title.

TABLE 28-1. APPLICATION AND RESPONSIBLE REVIEW
AND APPROVAL AUTHORITY

(Ord. No. 297, § 9.04.010.020, 3-20-2007; Ord. No. 380, § 2, 12-21-2021)

(a)

Applications for development permits required by this title shall be filed with the City Clerk on forms furnished by the City, setting forth fully the nature of the proposed use, and the facts deemed sufficient to justify the granting of the development permit, in accordance with the provisions of this title. (See Chapter 13 of this title for procedures on General Plan amendments, zone change, and development code amendments; and Chapter 52 of this title relating to specific plans.)

(b)

Every application shall include information indicating as to whether any residential site has, or within the past three years had, residential uses that were subject to a recorded covenant that restricted rents to affordable levels for persons and families of low or very low income, or occupied by low or very low income families. If the answer is yes, then the same information shall be provided as to the past five years.

(c)

Every application shall be signed by the owner of the subject property or by the owner's authorized agent designated by written authorization by the property owner.

(d)

Any applicant may withdraw an application prior to a decision thereon, by filing a written request to do so or by requesting the same at a public hearing; no refund of the filing fee shall be permitted in the case of withdrawal.

(e)

The City shall not accept any application requesting approval of the same development permit for substantially the same use, in any case where the City Council or the Planning Commission has taken final action on a previous application within 90 days prior thereto, and that action was to deny said application.

(Ord. No. 297, § 9.04.010.030, 3-20-2007; Ord. No. 383, § 5, 7-19-2022)

Each such application shall be accompanied by a filing and processing fee in an amount as determined by the City Council by resolution.

(Ord. No. 297, § 9.04.010.040, 3-20-2007)

(a)

All applications for planning permits or entitlements, except minor architectural review, shall be submitted, on the forms provided by the City, to the City Planner for review and plan check at the preliminary project design phase. The City Planner shall review the preliminary design plans and shall provide the applicant with a written report within 21 days after receipt of the application setting forth the minimum information required to complete the development application for processing. No application shall be processed until the City Planner has determined that the application is complete.

(b)

The conceptual plan review application shall include the minimum information set forth in the application information package as approved by the City Council.

(Ord. No. 297, § 9.04.010.050, 3-20-2007)

All projects as defined by CEQA shall be reviewed and processed in accordance with CEQA and any local environmental regulations. Required information shall be submitted on the forms and in the manner prescribed by adopted guidelines.

(Ord. No. 297, § 9.04.010.060, 3-20-2007)

The City Planner shall prepare a staff report for all development permit applications that are to be presented to the Planning Commission for review and approval or recommendation to the City Council.

(Ord. No. 297, § 9.04.010.070, 3-20-2007)

Applications for development permits or entitlements shall be processed in the form, manner and time frame set forth in this title.

(Ord. No. 297, § 9.04.010.080, 3-20-2007)

A.

Title and Intent. The provisions of this chapter shall be known as the Reasonable Accommodations Policy and Procedures. The intent of the Reasonable Accommodations Policy and Procedures is to provide flexibility in the application of the zoning and building codes for individuals with a disability when flexibility is necessary to eliminate barriers to housing opportunities. This chapter will facilitate compliance with federal and state fair housing laws and promote housing opportunities for residents of Bradbury.

B.

Purpose. The purpose of this chapter is to establish a procedure for persons with disabilities seeking fair access to housing to make requests for a reasonable accommodation in the application of Bradbury's zoning and building laws, rules, policies, practices and procedures pursuant to Section 3604(f)(3)(b) of Title 42 of the United States Code (the "Fair Housing Act") and Section 12955 et seq. of the California Government Code (the "California Fair Employment and Housing Act"), which prohibit local government from refusing to make reasonable accommodations in policies and practices when these accommodations are necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling.

C.

Applicability. A request for a reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

(Ord. No. 386, § 2, 10-17-2023)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases have the meanings stated in this section. The definitions stated herein apply to differing forms of the word or phrase, as required by context.

City Manager means the City Manager or his designee.

Eligible person means a person with a disability, a representative of such person, or a developer of housing for persons with disabilities.

Person with a disability is any person who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment.

Reasonable accommodation for purposes of this chapter means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements when it is necessary to eliminate barriers to housing opportunities.

Request for reasonable accommodation means a request to modify land use, zoning and building regulations, policies, practices, or procedures in order to give people with disabilities an equal opportunity to use and enjoy housing opportunities.

(Ord. No. 386, § 2, 10-17-2023)

Notice of the City of Bradbury's Reasonable Accommodations Policy and Procedures along with an application form shall be displayed in City Hall and on the City's website.

(Ord. No. 386, § 2, 10-17-2023)

(a)

Any eligible person may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures by filing an application with the City Planner.

(b)

Requests for reasonable accommodation shall be in writing and provide the following information:

(1)

Name and address of the individual(s) requesting reasonable accommodation;

(2)

Name and address of the property owner(s);

(3)

Address of the property for which accommodation is requested;

(4)

Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought;

(5)

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

(6)

If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is the 30-day period to issue a decision is stayed until the applicant responds to the request

(c)

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(d)

If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.

(e)

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

(Ord. No. 386, § 2, 10-17-2023)

(A)

A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing.

(B)

If the project for which the request is being made also requires one or more related discretionary approvals (including, but not limited to, design review, conditional use permit, variance, or subdivision), then to the extent feasible, the applicant shall file the request for reasonable accommodation together with the related application for discretionary approval.

(Ord. No. 386, § 2, 10-17-2023)

(a)

The City Planner shall act on requests for a reasonable accommodation and shall make reasonable accommodations in rules, policies, practices, or services when those accommodations may be necessary to afford persons with disabilities equal opportunities to use and enjoy housing opportunities.

(b)

The City Planner shall issue a written determination on a request for a reasonable accommodation within a timely manner but no later than 30 days from the date of receipt of a complete application form and may: (1) grant the accommodation request; (2) grant the accommodation request subject to specified nondiscriminatory conditions of approval; or (3) deny the request. All written determinations shall give notice of the right to appeal as specified in Section 9.29.090. The notice of determination shall be sent to the applicant by first class mail or in a format requested by the applicant.

(c)

For requests for a reasonable accommodation involving related applications for discretionary approval, the application shall be processed and considered separately from any discretionary elements of the same proposal. If the request for a reasonable accommodation cannot be effectuated until a final decision is rendered on the related discretionary approval(s), a "provisional decision" can be granted within the 30-day time frame and shall become final at the same time as the discretionary approval(s). The applications for the discretionary approval(s) shall be separately considered and shall be subject to the procedures specified in the applicable Zoning Code section. The appropriate decision-making body shall act on all discretionary permits, but not the reasonable accommodation request.

(Ord. No. 386, § 2, 10-17-2023)

(a)

In making a determination to grant a requested accommodation, the City Planner shall make all of the following findings for requests:

(1)

That the housing, which is the subject of the request for reasonable accommodation, will be used by people with disabilities protected under fair housing laws.

(2)

That the accommodation is necessary to afford people with disabilities an equal opportunity to use and enjoy the dwelling;

(3)

That the requested accommodation will not require a fundamental alteration to zoning laws, rules, policies, practices and procedures; and

(4)

That the requested accommodation will not impose an undue financial or administrative burden on the City.

(b)

None of the findings of this section are intended to supersede any other findings which might also be required for a discretionary permit that is reviewed concurrently with the request for accommodation.

(Ord. No. 386, § 2, 10-17-2023)

(a)

For requests for reasonable accommodations not involving related land use permits, a decision by the City Planner shall become final ten calendar days after the date of initial decision.

(b)

For requests for reasonable accommodations involving related land use permits, a decision by the City Planner shall become final ten calendar days after the date of decision on the related land use permit or the date of denial of the provisional permit, whichever is later.

(c)

In the event that the last date of appeal falls on a weekend, holiday or when City offices are closed, the next date such offices are open for business shall be the last date of appeal.

(Ord. No. 386, § 2, 10-17-2023)

(A)

Within ten days of the date of the City Planner's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

(B)

If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeal process is accessible.

(C)

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(D)

Appeals shall be heard by the City Manager within 30 days of filing an appeal. The City Manager shall issue a written decision within ten days of the hearing and the decision shall be final.

(E)

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. No. 386, § 2, 10-17-2023)

The purpose of this chapter is to implement the requirements of the Density Bonus Law set forth at Government Code section 65915 et seq.

(Ord. No. 385U, § 1, 9-19-2023; Ord. No. 387, § 1, 10-17-2023)

The state Density Bonus Law, set forth at Chapter 4.3 of the Planning and Zoning law of California and found at Government Code sections 65915 through 65918, as the same may be amended from time to time, is hereby adopted by reference as the City of Bradbury's density bonus provisions and shall be implemented in accordance with this chapter.

(Ord. No. 385U, § 1, 9-19-2023; Ord. No. 387, § 1, 10-17-2023)

This chapter shall apply to any housing development that is entitled to receive a density bonus pursuant to the state Density Bonus Law.

(Ord. No. 385U, § 1, 9-19-2023; Ord. No. 387, § 1, 10-17-2023)

(a)

Application submittal. An application for a density bonus, including an incentive or concession and waiver, shall be filed concurrently with an application for a housing development and shall be processed concurrently.

(b)

Application contents. An application for a density bonus shall include the following information:

(1)

The number of density bonus units being requested;

(2)

A reduced parking ratio request pursuant to Government Code Section 65915(p);

(3)

An incentive(s) or concession(s) request pursuant to Government Code Section 65915(d) that results in identifiable and actual cost reductions to provide for the affordable housing;

(4)

A waiver(s) or reductions of development standard(s) request pursuant to Government Code Section 65915(e) that would have the effect of physically precluding the construction of the housing development at the densities or with the allowed incentive(s) or concession(s).

(c)

If an application for a density bonus is incomplete, the applicant shall be timely notified of such incompleteness in accordance with the provisions of applicable law.

(d)

If a proposed housing development would be inconsistent with the City s Development Code or the state Density Bonus Law, the applicant shall be provided notice of such inconsistency in accordance with the Housing Accountability Act, Government Code Section 65589.5.

(e)

A density bonus application shall be approved or denied in conjunction with the housing development application by the body approving such application within the time frames required for approval of such development.

(Ord. No. 385U, § 1, 9-19-2023; Ord. No. 387, § 1, 10-17-2023)

(a)

The applicant for a density bonus shall enter into a regulatory agreement with the City in a form to be approved by the City Attorney and said agreement shall be recorded against the property. The regulatory agreement shall be approved by the approval authority on the underlying project. If an appeal is taken of the project, then the regulatory agreement shall be approved by the decision maker on appeal.

(b)

The applicant shall be required to pay the City's costs for any third-party consultants required to assist the City in drafting a regulatory agreement, developing guidelines, verifying the eligibility of owners or tenants of the affordable units, or any other matter relating to the density bonus.

(c)

The required affordable dwelling units shall be constructed concurrently with market-rate units unless both the final decision-making authority of the City and the developer agree within the affordable housing agreement to an alternative schedule for development.

(d)

The exterior design and construction of the affordable dwelling units shall be consistent with the exterior design and construction of the total project development and shall be consistent with any affordable residential development standards that may be prepared by the City.

(1)

The affordable units shall be similar in size and number of bedrooms to the market-rate units. If the development project includes a range of unit sizes, then the affordable units shall provide a range of unit sizes in proportion to the market-rate units.

(2)

If the project includes a subdivision, the lots with affordable units shall be of similar size to the lots with market rate units. If the development project includes a range of lot sizes, the lots with affordable units shall be no smaller than the smallest lots with market-rate units.

(e)

The affordable units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent or at affordable ownership cost specified by Health and Safety Code Section 50052.5 and California Code of Regulations Title 25, Sections 6910—6924, as the same may be amended from time to time. Developers are strictly prohibited from discriminating against tenants or owners of affordable units in granting access to and full enjoyment of any community amenities available to other tenants or owners outside of their individual units.

(f)

If the development project is for units that will be sold, then the affordable dwelling units shall also be for sale units. The regulatory agreement may make provisions for rental of the units for the same level of affordability that qualified the applicant for the density bonus if the unit is not sold within a period of time specified in the agreement.

(Ord. No. 385U, § 1, 9-19-2023; Ord. No. 387, § 1, 10-17-2023)

The purpose of this chapter is to provide the procedures for notifying the residents and other interested persons of public hearings for the planning and development activities that occur within the City.

(Ord. No. 297, § 9.04.020.010, 3-20-2007; Ord. No. 375, § 9, 5-18-2021)

All applications for entitlements which require a public hearing shall be accompanied by:

(a)

A radius map showing all parcels of land within a 500-foot radius of the boundary of the property that is the subject of the entitlement application;

(b)

A mailing list and two sets of adhesive mailing labels of the owners of property within a 500-foot radius of the subject property; and

(c)

An affidavit from the person preparing the map and mailing list that the names and addresses are based on the latest available Tax Assessor's records.

(Ord. No. 375, § 9, 5-18-2021)

Every application for a development permit, with the exception of conceptual plan review and minor architectural review, shall be set for a public hearing. Public hearings may be continued from time to time, by the Planning Commission or City Council, as may be deemed necessary.

(Ord. No. 297, § 9.04.020.020, 3-20-2007; Ord. No. 375, § 9, 5-18-2021)

Notice of the time and place of all public hearings before the Planning Commission or City Council shall be given by United States mail, postage prepaid, to the applicant, owner(s) of the subject property and the agent(s) if any, and the owners, as listed on the most recent County Assessor's roll, of property located within 500 feet of the external boundary of the subject property for which the entitlement is sought. Notice shall be mailed at least ten days before the public hearing.

(Ord. No. 297, § 9.04.020.030, 3-20-2007; Ord. No. 375, § 9, 5-18-2021)

The Planning Commission shall approve, conditionally approve, deny or recommend action to the City Council, by resolution adopted by the affirmative votes of not less than a majority of a quorum. Said resolution shall contain a statement of facts upon which the decision is based. Within ten days following the adoption of the resolution by the Commission, the City Planner shall cause same to be forwarded by United States mail, postage prepaid, addressed to the applicant and any other person requesting the same, at such person's last known address.

(Ord. No. 297, § 9.04.020.040, 3-20-2007)

Where, for any reason, said Planning Commission is unable to reach a determination as to a development permit within 40 days after the close of the public hearing relating thereto, said matter shall be deemed automatically appealed to the City Council, without decision by the Planning Commission. In such event, the said matter shall be placed upon the City Council's agenda and a de novo public hearing held thereon, and the matter shall be finally determined by the City Council.

(Ord. No. 297, § 9.04.020.050, 3-20-2007)

Failure to give notice in the manner prescribed in this chapter shall have no effect upon the legality of any proceeding before the Planning Commission or the City Council.

(Ord. No. 297, § 9.04.020.060, 3-20-2007)

Appeals of Planning Commission decisions must be filed as provided for in Chapter 16 of this title.

(Ord. No. 297, § 9.04.020.070, 3-20-2007)

Architectural review is intended to:

(1)

Establish functional adequacy for grading, drainage, utility landscaping and other aspects of each development;

(2)

Ensure functional interrelationship of buildings, structures and improvements on each development;

(3)

Preserve trees, ridgeline vistas, canyon views and other aspects of the rural environment which characterizes the City;

(4)

Ensure that the siting, design, and massing of all new or remodeled structures or developments are compatible with existing uses, designs, and developments in surrounding neighborhoods;

(5)

Promote compatibility of architectural design with surrounding property; and

(6)

Preserve the scenic character of the City.

(Ord. No. 375, § 2, 5-18-2021)

(a)

Minor architectural review shall be limited to development which meets the following criteria:

(1)

Minor modifications to the exterior appearance of any building or structure not facing a street or accessway;

(2)

Construction of single-story structure, including accessory structures, which are less than 1,000 square feet of floor area;

(3)

Construction which does not exceed a total of 18 feet in height from grade for the finished structure; and

(4)

Construction of swimming pools, fences and gates or minor landscaping improvements which do not exceed 25 percent of the parcel size, and installation of exterior mechanical, electrical and plumbing equipment.

(b)

Significant architectural review shall cover all development other than those listed in subsection (a) above.

(c)

Accessory dwelling units and very high fire zone accessory dwelling units shall not require any architectural review, regardless of where such units are located.

(Ord. No. 375, § 2, 5-18-2021)

(a)

Any plans, specifications, drawings or sketches which are submitted to the City for approval pursuant to the provisions of this title and the Building Code for the construction or structural alteration of any buildings or structures in the residential zones shall be accompanied by the following:

(1)

Grades, natural and finished;

(2)

Drainage, existing and proposed;

(3)

Landscaping plan, including a tree planting and preservation plan;

(4)

Existing structures on the subject property;

(5)

The plans and silhouettes required by the ridgeline and view preservation regulations; and

(6)

The application fee, including cost of environmental review and mailing where applicable.

(b)

The plans must show the effect of the proposed work upon visual relationships with other lots, existing structures, or land adjacent to or within 500 feet of the proposed work.

(c)

The Planning Department shall review submitted plans for compliance with the provisions of these requirements.

(Ord. No. 375, § 2, 5-18-2021)

The architectural review may be approved, conditionally approved, or disapproved. No application shall be approved unless the following findings are made by the approving body:

(1)

That the proposed development is designed and will be developed to preserve to the greatest extent practicable the natural features of the land, including the existing topography and landscaping;

(2)

That the proposed development is designed and will be developed in a manner which will be reasonably compatible with the existing neighborhood character in terms of scale of development in relation to surrounding residences and other structures;

(3)

That the proposed development is designed and will be developed in a manner which will preserve to the greatest extent practicable the privacy of persons residing on adjacent properties;

(4)

The requirements of the ridgeline and view preservation regulations have been met;

(5)

That the proposed development is designed and will be developed in a manner to the extent reasonably practicable so that it does not unreasonably interfere with neighbors' existing views, view of ridgelines, valleys, or vistas;

(6)

The requirements of the tree preservation and landscaping regulations have been met;

(7)

That the design minimizes the appearance of over or excessive building substantially in excess of existing structures in the neighborhood, in that:

a.

The square footage of the structure(s) and the total lot coverage of the development shall reflect the uncrowded character of the City and the neighborhood; and

b.

The height(s) of the structure(s) shall maintain to the extent reasonably practicable, consistency with the heights of structures on neighboring properties; and

(8)

That the proposed development is designed and will be developed in a manner that is consistent with the City's Design Guidelines.

(Ord. No. 375, § 2, 5-18-2021)

(a)

Minor architectural review shall be conducted by the Planning Department. The Planning Department shall provide written notice to the applicant.

(b)

Significant architectural review shall be conducted by the Planning Commission. The Planning Commission shall hold a duly noticed public hearing in accordance with Chapter 31 of this title.

(Ord. No. 375, § 2, 5-18-2021)

Appeals shall be handled in accordance with Chapter 16 of this title.

(Ord. No. 375, § 2, 5-18-2021)

The purpose of this chapter is intended to preserve the view of ridgelines and hills within the City. The following regulations of building heights and processes for determining such building heights are hereby established.

(Ord. No. 297, § 9.04.060.010, 3-20-2007)

(a)

Generally. Any building, structure or improvement shall be subject to the limitations of this chapter, if the outline of the building, structure or improvement affects the view or vista of any preexisting, developed property taken from the main structure (excluding bathrooms, hallways, garages, or closets) or lot (excluding the setback area) where the City determines the best and most important view exists. A view may extend in any horizontal direction (360 degrees of horizontal arc) and shall be considered as a single view even if broken into segments by foliage, structures or other interference.

(b)

View definitions. In determining significant views to be considered, the following definitions shall apply:

Far view means a scene located out of the City, including, but not limited to, the Los Angeles basin, city lights at night, mountains and distant mountain areas.

Near view means a scene located within the City, including, but not limited to, a valley, ravine, equestrian trail, pastoral environment, or any natural setting.

View shall not include vacant land that is developable under this Code, distant mountain areas not normally visible, nor the sky above distant mountain areas.

(Ord. No. 297, § 9.04.060.020, 3-20-2007)

(a)

Submission. For any development to which Section 9.43.020 applies, the applicant, as part of the architectural review process, shall submit plans and elevations depicting the silhouette of the building against the horizon or view corridor as viewed from locations determined by the City staff. The applicant shall also stake out the property with poles or other indicators to demonstrate the impact of the structures on the view.

(b)

Notice and public hearing. Notice and a public hearing shall be provided as part of the architectural review process by the Planning Commission for the proposed development.

(c)

Determination. The Planning Commission may impose any height limitations required to prevent the proposed development from appearing above a ridgeline or hillside or from obstructing the view of an adjacent property, except that no limitation may reduce the developable height of the main building or structure on the parcel to less than 18 feet.

(Ord. No. 297, § 9.04.060.030, 3-20-2007; Ord. No. 375, § 10, 5-18-2021)

The purpose of this chapter is to provide a method to process requests to deviate from the standards set forth in this title. It is recognized that under certain circumstances the strict adherence to the standards set forth in this title is impractical. The City may review requests for variances from the established standards when the public interest requires such consideration.

(Ord. No. 297, § 9.04.070.010, 3-20-2007)

When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this title occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner hereinafter set forth in this chapter. A variance will not be granted to permit a use not otherwise permitted in the zone within which the property is located.

(Ord. No. 297, § 9.04.070.020, 3-20-2007)

Before any variance shall be granted, the applicant must show, to the satisfaction of the Planning Commission or the City Council, all of the following facts:

(1)

That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not generally apply to other properties in the same vicinity and zone;

(2)

That because of such circumstances or conditions, such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question;

(3)

That the granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent property;

(4)

That the granting of the variance will not adversely affect the General Plan nor the purpose and intent of the provisions of this title; and

(5)

The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(Ord. No. 297, § 9.04.070.030, 3-20-2007)

Whenever the Planning Commission grants a variance, it may attach conditions thereof, as follows:

(1)

To assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the zone in which such property is situated.

(2)

To protect the public health, safety and general welfare, including conditions relating to yards, fences and walls, dedications, improvements, landscaping, regulation of nuisance factors, regulation of signs and such other matters as will make the development compatible with the neighborhood.

(3)

For the requirement of a bond (in the form of cash, surety bond or certificate of deposit) for the purpose of guaranteeing faithful performance of any conditions imposed.

(Ord. No. 297, § 9.04.070.040, 3-20-2007)

The acceptance of any of the benefits of such grant shall constitute acceptance of the burdens and the conditions attached thereto.

(Ord. No. 297, § 9.04.070.050, 3-20-2007)

The attaching of conditions shall be construed as a material part of the grant, without which the application would otherwise be denied. The invalidation of any condition shall constitute invalidation of the entire grant.

(Ord. No. 297, § 9.04.070.060, 3-20-2007)

The purpose of this chapter is to provide a method to process requests for unique uses of land that by their scope or nature may have an impact on the permitted and allowable uses of land set forth in the zone district in which the conditional land use is to be located. The City may review requests for conditional use permits when the public interest requires such consideration.

(Ord. No. 297, § 9.04.080.010, 3-20-2007)

Editor's note— Ord. No. 362, § 5, adopted January 15, 2019, repealed § 9.49.020, which pertained to applicability and derived from Ord. No. 297, adopted March 20, 2007.

In addition to meeting the development standards of the zone in which the large residential care facility is permitted, such use shall meet the following requirements:

(1)

The use shall be required to obtain a business license in accordance with Title XIII of this Code.

(2)

Parking.

a.

The Care Facility shall be required to provide one additional parking space on the property for each employee.

b.

The Care Facility shall be required to meet the parking requirements of Chapter 9.103 of the Bradbury Development Code.

c.

All parking spaces shall be required to be provided on the property.

(3)

All development must comply with the California Building Code as set forth in Title XVII of the Bradbury Municipal Code. Sections 9.31.020 and 9.49.030 are not applicable.

(Ord. No. 362, § 6, 1-15-2019; Ord. No. 399, § 2, 7-15-2025)

Before any conditional use permit is granted, the Planning Commission shall make the following findings:

(1)

That the site for the proposed use is adequate in size, shape, topography and circumstances;

(2)

That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use;

(3)

That there are sufficient utilities and capacity in the utility systems to accommodate the use;

(4)

That there is sufficient parking to accommodate the use;

(5)

That the use meets the requirements of the Development Code; and

(6)

That the proposed use will not have an adverse effect upon the use, enjoyment or valuation of adjacent property or upon the public welfare.

(Ord. No. 297, § 9.04.080.030, 3-20-2007; Ord. No. 362, § 7, 1-15-2019)

The acceptance of any of the benefits of such grant shall constitute acceptance of the burdens and the conditions attached thereto.

(Ord. No. 297, § 9.04.080.050, 3-20-2007)

The attaching of condition shall be construed as a material part of the grant, without which the application would otherwise be denied. The invalidation of any condition shall constitute invalidation of the entire grant.

(Ord. No. 297, § 9.04.080.060, 3-20-2007)

The purpose of this chapter is to provide a process for reviewing a specific plan application. When required by this title or the General Plan to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, in compliance with this chapter.

(Ord. No. 297, § 9.04.090.010, 3-20-2007)

A specific plan, which is designed to provide for flexibility and encourage innovative use of land resources and development of a variety of single-family housing shall be required under the following circumstances:

(1)

Specific plan areas. Areas designated specific plan areas (SP) require the preparation of a specific plan in compliance with the provisions of this title.

(2)

Private property owners. A specific plan, as a tool which is available to private property owners not covered by Subsection (1) of this section, could assist in the comprehensive master planning of a specific site.

(Ord. No. 297, § 9.04.090.020, 3-20-2007)

A specific plan may be initiated in the following manner:

(1)

City. By action of the City Council, with or without a recommendation from the Planning Commission; or

(2)

Property owner. By an application being filed by the owner of property which would be the subject of the specific plan. If initiated by an applicant, the following shall first occur:

a.

Presubmittal application. A presubmittal application, fee and conference with the City Manager shall be conducted before the filing of a formal specific plan application; and

b.

Public meeting required. Before the preparation of a specific plan, the City shall hold at least one public meeting to identify potential community impacts and concerns relating to the proposed plan. Public notice of the meeting is required, in compliance with this title, and the appropriate procedures shall be defined by the City Manager at the presubmittal conference.

(Ord. No. 297, § 9.04.090.030, 3-20-2007)

An applicant shall prepare a draft specific plan for review by the City that includes detailed information in the form of text and diagrams, organized in compliance with an outline furnished by the City and in conformance with State law. The City may also initiate the preparation of a specific plan, in compliance with this title. The following information shall be provided:

(1)

Proposed land uses. The distribution, location and extent of land uses proposed within the area covered by the specific plan, including open space areas;

(2)

Infrastructure. The proposed distribution, location, extent and intensity of major components of public and private drainage, energy, sewage, solid waste disposal, circulation, water and other essential facilities proposed to be located within the specific plan area and needed to support the proposed land uses;

(3)

Land use and development standards. Standards, criteria and guidelines by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable;

(4)

Implementation measures. A program of implementation measures, including regulations, programs, public works projects and financing measures necessary to carry out the proposed land uses, infrastructure and development and conservation standards and criteria;

(5)

Relationship to general plan. A discussion of the relationship of the specific plan to the General Plan; and

(6)

Additional information. The specific plan shall contain additional information determined to be necessary by the City Manager based on the characteristics of the area to be covered by the plan, applicable policies of the General Plan or any other issues determined by the City Manager to be significant.

(Ord. No. 297, § 9.04.090.040, 3-20-2007)

A draft specific plan shall be filed with the City and shall be accompanied by the fee as required by a resolution of the City Council. The draft plan shall be processed in the same manner as required for General Plans by State law and as further set forth in Chapter 13 of this title.

(Ord. No. 297, § 9.04.090.050, 3-20-2007)

The adoption of a proposed specific plan and any amendment thereto is entirely at the discretion of the Council. The Council shall adopt a specific plan only if it finds that the proposed plan is consistent with the General Plan and other adopted goals and policies of the City, and that the proposed specific plan is in compliance with the provisions of the California Environmental Quality Act (CEQA). The specific plan shall be adopted by ordinance, or by resolution of the City Council, in compliance with State law.

(Ord. No. 297, § 9.04.090.060, 3-20-2007)

After the adoption of a specific plan, only a public works project, a tentative map or parcel map, for which a tentative map was not required, and architectural review and an amendment to this title may be approved/adopted within an area covered by a specific plan if it is first found consistent with the specific plan. The City Council may impose a specific plan fee surcharge on development permits within the specific plan area, in compliance with State law.

(Ord. No. 297, § 9.04.090.070, 3-20-2007)

This chapter shall be known as the "Historic Preservation Ordinance."

(Ord. No. 328, § 1(9.04.100.010), 5-21-2013)

(a)

The City desires to foster the preservation of landmark and historic properties in the City. In furtherance of this policy, the purpose of this chapter is to implement the Mills Act which is set forth in Government Code § 50280 et seq., and Revenue and Taxation Code § 439 et seq., and as those sections may be amended from time to time (hereafter collectively the "Mills Act") in order to establish a uniform process to enter into contracts with the owners of property in the City that has previously been identified as a qualified historic property, as identified herein, for property tax relief and for the preservation of those historic properties.

(b)

The City Council finds that entering into a Mills Act contract is an effective means of encouraging the preservation, rehabilitation and maintenance of historic properties.

(c)

The City Council further finds that the Mills Act preservation incentive will support the goals and objectives in the General Plan by encouraging the maintenance of historic structures.

(Ord. No. 328, § 1(9.04.100.020), 5-21-2013)

The City Council hereby authorizes the use of Mills Act contracts in the City in accordance with the Mills Act, as it may be amended from time to time, and pursuant to the procedures as set forth in this chapter.

(Ord. No. 328, § 1(9.04.100.030), 5-21-2013)

For purposes of this chapter, the following definitions shall apply:

Qualified historic property means any of the following:

(1)

The property is identified with persons or events significant in local, regional, state or national history.

(2)

The property is representative of the work of a notable builder, designer or architect.

(3)

The property contributes to the significance of an historic area, being a geographically definable area.

(4)

The property embodies one or more distinctive characteristics of style, type, period, design, materials, or craftsmanship.

(5)

The property has a unique location or physical characteristics or represents an established and familiar visual feature of neighborhood, community, or the City.

(6)

The property promotes awareness and appreciation of City, local and national history, and demonstrates the value of historic preservation as a community value.

(7)

The property has yielded, or may be likely to yield information important in prehistory or history.

(8)

Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) of Title 26 of the Code of Federal Regulations.

(9)

Listed in any State, City, or County official register or historical or architecturally significant sites, places, or landmarks.

(Ord. No. 328, § 1(9.04.100.040), 5-21-2013)

(a)

A Mills Act contract shall be limited to qualified historic properties as defined in Section 9.55.040.

(b)

A Mills Act contract shall be limited to:

(1)

Properties in need of restoration and/or rehabilitation at the time of application; and

(2)

Properties that have been restored and/or rehabilitated prior to the adoption of the ordinance from which this chapter is derived, provided that such restoration was conducted after January 2010, and the applicant provides sufficient documentation to demonstrate the restorative work performed, including, but not limited to, architectural plans, photographs, reports and invoices.

(c)

In furtherance of this policy, approval of new Mills Act contracts shall be limited so that the total property tax reduction of all contracts combined does not exceed $10,000.00 per annum to the City.

(Ord. No. 328, § 1(9.04.100.050), 5-21-2013)

(a)

Applications for Mills Act contracts shall be accepted by the City Manager between January 1 and March 31 of each year.

(b)

A property owner desiring to enter into a Mills Act contract shall submit an application to the City Manager along with any required supporting documents and any required fees approved by the City Council by resolution. The application shall be on a form approved by the City Manager.

(c)

Following the deadline for submittal of applications, the City Manager shall schedule a public hearing before the Planning Commission for its review and consideration of all completed applications timely received. Notice of the public hearing shall be provided as set forth in Chapter 31.

(d)

At the scheduled public hearing, the Planning Commission shall do the following:

(1)

The Planning Commission shall make a determination as to whether each proposed property is a qualified historic property based on the criteria set forth in Section 9.55.040.

(2)

Should it determine that any proposed property is a qualified historic property; the Planning Commission may recommend to the City Council the approval of a Mills Act contract if it can make each of the following findings:

a.

The estimated tax benefit over a ten-year period will not exceed the applicant's proposed financial investment.

b.

The proposed work will provide a benefit to the public by restoring character defining features, preserving exemplary or exceptional features or structures, retrofitting unreinforced buildings, work that is necessary for the continued viability of the historic structure (system upgrades), or the work is clearly visible from the street or public right-of-way.

(e)

Following the public hearing, the Planning Commission shall:

(1)

Make a recommendation to the City Council that the City enter into one or more proposed Mills Act contracts, such that the total property tax reduction of all contracts combined does not exceed $10,000.00 per annum to the City. In such case as the Planning Commission desires to recommend multiple contracts to the City Council whereby the total property tax reduction of all proposed contracts combined exceeds $10,000.00 per annum, the Planning Commission shall:

a.

Determined the sequential order that the applications for Mills Act contracts were filed with the City Manager; and

b.

Using the sequential order and beginning with the first application filed, recommend for approval of as many contracts such that the total property tax reduction of all contracts combined does not exceed a cost of $10,000.00 to the City per annum.

(2)

Prepare and transmit a report of its recommendation to the City Council on the merits of each proposal.

(f)

Following transmittal of the report by the Planning Commission, the City Manager shall schedule a public hearing before the City Council whereby the City Council shall consider the recommendation of the Planning Commission. The City Council may approve, reject, and/or approve with modifications the Planning Commission's recommendation in its sole and absolute discretion.

(Ord. No. 328, § 1(9.04.100.060), 5-21-2013; Ord. No. 375, § 11, 5-18-2021)

The required provisions for a contract authorized by this chapter shall include:

(1)

Those provisions required by applicable State law.

(2)

Additional provisions required by the City, including, but not limited to:

a.

The term of the contract shall be a minimum of ten years. On the anniversary date of the contract, or such other date as specific in the contract, a year shall be automatically added to the initial term of the contract unless a notice of nonrenewal is given to the owner at least 60 days prior to the renewal date. In the event the property owner chooses to terminate the contract, then the property owner shall provide the City Manager with a notice of nonrenewal at least 90 days prior to the renewal date.

b.

The contract agreement is to assist in the preservation of the historic resource; therefore, restoration and rehabilitation of the property shall conform to the rules and regulations of the State Office of Historic Preservation (Department of Parks and Recreation) and the United States Secretary of the Interior standards.

c.

The owner agrees to permit periodic examination of the interior (if applicable) and exterior of the premises by the County Assessor, the State Board of Equalization, the State Department of Parks and Recreation and the City, as may be necessary to verify the owner's compliance with the contract agreement, and to provide any information requested to ensure compliance with the contract agreement. The owner further agrees to allow the City to photograph the historic property.

d.

In addition to the requirement in Subsection (2)c of this section, the contract shall require the owner to file an annual report identifying progress of implementing the work plan or restoration or rehabilitation with the City until the work has been completed to the satisfaction of the City Manager. Thereafter, during the term of the contract, on an annual basis, the owner shall provide a report on the maintenance of the property, which report may require documentation of the owner's expenditures and actions taken to maintain the qualified historic property.

e.

The contract shall be binding on all successors in interest of the owner to the benefits and burdens of the contract. It shall stipulate escrow instructions that require a review and re-evaluation every three years.

f.

The City shall provide written notice of the contract to the State Office of Historic Preservation within 180 days of entering into the contract.

g.

The contract shall state that the City may cancel the contract after a duly noticed public hearing if it determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the significance under which it was designated (Government Code §§ 50284 and 50285).

h.

The contract shall state that if the City cancels the contract pursuant to Subsection (2)g of this section, the owner shall pay the State a cancellation fee of 12½ percent of the full value of the property at the time of cancellation, as determined by the County Assessor without regard to any restriction on the property imposed by the historic property contract.

i.

That contract shall provide that, as an alternative to cancellation, the City may bring an action for specific performance or other action necessary to enforce the contract.

j.

The contract shall also provide that, in the event preservation, rehabilitation, or restoration becomes infeasible due to damage caused by natural disaster (e.g., earthquake, fire, flood, etc.), the City may cancel the contract without requiring the owner to pay the State the cancellation fee referenced in Subsection (2)h of this section as a penalty. However, in this event, a contract shall not be cancelled by the City unless the City determines, after consultation with the State Office of Historic Preservation, in compliance with Public Resources Code §§ 50284 and 50285, that preservation, rehabilitation or restoration is infeasible.

k.

The contract shall be recorded by the County Recorder's office and shall be binding on all successors-in-interest of the owner to the benefits and burdens of the contract. The City Clerk shall record the contract, at the applicant's cost, no later than 20 days after the City enters into the contract.

l.

The contract may provide that modifications to the approved work plan require review and approval by the Planning Commission.

(3)

The City Manager and the City Attorney shall prepare and maintain a sample Mills Act contract with all required provisions specified by State law and this section.

(Ord. No. 328, § 1(9.04.100.070), 5-21-2013)

The Planning Commission shall have the responsibility to recommend to the City Council the termination of any existing Mills Act contracts as follows:

(1)

After June 30 of each year, or as soon as reasonably possible, but in no event later than September 30 of each year, the Planning Commission shall review the progress made towards the completion of preservation work stipulated in the Mills Act contracts that are scheduled for review that year and that all properties subject to Mills Act contracts are maintained in good order in accordance with the terms and conditions of the applicable Mills Act contract and the provisions of Chapter 109 of this title.

(2)

In considering a recommendation to terminate a Mills Act contract, the Planning Commission shall determine whether the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that in no longer meets the significance criteria under which it was designated.

(3)

The Planning Commission shall prepare and transmit a report of its review of current Mills Act contracts as part of its annual report to the City Council.

(Ord. No. 328, § 1(9.04.100.080), 5-21-2013)