Article 2 — ZONES, ALLOWABLE USES, AND DEVELOPMENT STANDARDS — Duarte Zoning Code

ARTICLE 2 - ZONES, ALLOWABLE USES, AND DEVELOPMENT STANDARDS

Chapters:

Chapter 19.10 - RESIDENTIAL ZONES (R-1, R-1A, R-1B, R-1D, R-1E, R-1F, R-2, R-3, R-4, R-MH)

Sections:

19.10.010 - Purpose of residential zones.

A.

General. The residential zones are established to implement the Very Low Density (0-3.5 du/ac), Low Density (1-6 du/ac), Medium Density (7-21 du/ac), and High Density (21-28 du/ac) residential land use designations of the General Plan. Other permitted uses are restricted to those residential uses specifically required by State law, as well as other uses that may be conditionally permitted, such as the keeping of horses, places of religious assembly, country clubs, golf courses and related activities, educational

institutions, publicly owned facilities (including parks), nursing/rest homes, and senior housing, as set forth in this Chapter. The purpose of the residential zones is as set forth in the following Subsections.

B.

R-1 Single-Family Residential Zones (Very Low Density and Low Density). The R-1 zones are established to provide areas for the development and preservation of residential subdivisions consisting of detached residences and accessory uses compatible with the residential use of the zone. There are six single-family (R-1) residential zones that provide a variety of living environments based upon the required minimum net lot size. No more than one dwelling unit is allowed on each lot, except as otherwise provided in Section 19.60.160 (Second Dwelling Units), Section 19.10.035 (Duplex Developments in Single-Family Residential Zones), and/or Chapter 19.88 (Urban Lot Splits). Required minimum lot sizes for each of the six zones are as follows:

1. R-1: 6,500 square foot minimum lot size.

2.

R-1A: 7,500 square foot minimum lot size.

3.

R-1B: 10,000 square foot minimum lot size.

4.

R-1D: 20,000 square foot minimum lot size (Hillside area).

5.

R-1E: 20,000 square foot minimum lot size (Non-hillside area).

6.

R-1F: 80,000 square foot minimum lot size.

C.

R-2 Two-Family Residential Zone (Medium Density). The R-2 zone is established to provide for the development of medium-density residential homes that may consist of one or two-family detached or attached units, and that comprise a cohesive development that may incorporate common open space and/or private open space areas, at a density range from 7 to 11 dwelling units per net acre.

D.

R-3 Multiple-Family Residential Zone (Medium Density). The R-3 zone is established to accommodate residential development generally characterized by single structures or a collection of cohesive structures

that house individual and/or multiple units, with common open space areas and amenities, at a maximum density of 21 dwelling units per net acre.

E.

R-4 Multiple-Family Residential Zone (High Density). The R-4 zone is established to accommodate higherdensity, multi-story residential development, with a focus on providing an intensity and function at locations within easy walking distance to transit, recreation and community facilities, and commercial services. The maximum permitted density is 28 dwelling units per net acre.

F.

R-MH Mobile Home Residential Zone (Medium Density). The R-MH zone is established to accommodate mobile home parks. The only permitted uses in the R-MH zone are residential mobile homes within integrated mobile home parks, including any accessory uses in support of mobile home park operations, such as common community facilities and structures accessory to individual mobile homes.

(Ord. No. 907, § 4.A., 3-8-2022)

19.10.020 - Land use and permit requirements.

A.

General. New residential land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Tables 2-3 and 2-4. Standards for accessory structures are set forth in Chapter 19.34 (Accessory Structures).

B.

Residential structures near freeway and railroad rights-of-way. No habitable residential structure shall be erected within 40 feet of any railroad or freeway right-of-way, as measured from the closest right-of-way line. Multi-family residential projects that are part of a transit-oriented development may be located up to 20 feet of a railroad right-of-way (adjacent or above), provided measures to lessen noise and vibration impacts are addressed through development regulations in a specific plan to that development.

C.

Prohibition of structures in front setback area. No portion of any habitable structure and/or accessory structure shall occupy any portion of a required front setback area (see Figure 2-1), except as provided in 19.32.020 (Permitted Projections into the Required Setback Areas).

D.

Exceptions to maximum lot coverage. Maximum lot coverage for development in the R-1, R-1A and R-1F zone are subject to maximum lot coverage standards that may vary based on the lot size and/or building height (i.e., 1 or 2 stories). In the R-1 and R-1A zones, the base maximum lot coverage for one- or twostory units is 35 percent, except that units limited to one story in height on lots 8,000 square feet or less in size may occupy up to 40 percent of the lot area. When an existing unit on an R-1 or R-1A lot exceeds 35 percent lot coverage, new second story (or expansion of existing second story) construction shall not be

permitted, regardless of lot size, unless the overall building footprint is reduced to 35 percent. In the R-1F zone, the base maximum lot coverage for one-story units is 12.5 percent. However, two-story units are limited to a maximum 10 percent lot coverage. When an existing unit on an R-1F lot exceeds 10 percent lot coverage, a new second story (or expansion of an existing second story) shall not be permitted unless the building footprint is reduced to 10 percent.

nt is reduced to 35 percent. In the R-1F zone, the base maximum lot coverage for one-story units is 12.5 percent. However, two-story units are limited to a maximum 10 percent lot coverage. When an existing unit on an R-1F lot exceeds 10 percent lot coverage, a new second story (or expansion of an existing second story) shall not be permitted unless the building footprint is reduced to 10 percent.

TABLE 21	Single-Family and Two-Family Residential Permit Requirements	Single-Family and Two-Family Residential Permit Requirements	Single-Family and Two-Family Residential Permit Requirements	Single-Family and Two-Family Residential Permit Requirements	Single-Family and Two-Family Residential Permit Requirements	Single-Family and Two-Family Residential Permit Requirements	Zone
- ALLOWED USES AND PERMIT REQUIREMENTS	P = Permitted By Right A = Permitted as Accessory Use MUP = Minor Use Permit CUP = Conditional Use Permit — = Not Allowed
Land Use	R-1	R-1A	R-1B	R-1D	R-1E	R-1F	R-2	Specifc Use Regulations
Residential Uses
Single-Family Dwellings	P	P	P	P	P	P	P	See Table 7-2 ( Article 7)for Site Plan Review Requirements. See 19.10.050 for R-1D zone special requirements. See 19.10.080 (Manufactured Homes)
Multi-Family Dwellings	—	—	—	—	—	—	—
Two-Family Dwellings (Duplex)	P	P	P	P	P	P	P	See 19.10.035 (Duplex Developments in Single-Family Residential Zones)
Mobile Housing Unit	—	—	—	—	—	—	—
Accessory Dwelling Unit	A	A	A	A	A	A	—	See 19.60.160 (Accessory Dwelling Units)
Care Uses
Child Care Home - Large Family	A	A	A	A	A	A	A	See 19.60.100 (Large and Small
								Family Child Day Care Facilities)
---	---	---	---	---	---	---	---	---
Child Care Home - Small Family	A	A	A	A	A	A	A
Day Care General - 15 or more children	—	—	—	—	—	—	—
Residential Care Facility- Small	P	P	P	P	P	P	P
Residential Care Facility- Large	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Agriculture and Animal-Related
Animal Keeping	A	A	A	A	A	A	A	As regulated by Title 8 (Animals) of the Municipal Code
Horse Keeping	—	—	—	MUP	A	A	—	See 19.60.080 (Horse Keeping)
Horticulture - Private	A	A	A	A	A	A	A
Other Uses
Accessory Structures and Uses	A	A	A	A	A	A	A	See 19.60.020 (Accessory Uses)
Educational Institution - Private	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Golf Course, Country Club	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Home Occupations	A	A	A	A	A	A	A	See 19.60.070 (Home Occupations)
Places of Religious Assembly	CUP	CUP	CUP	CUP	CUP	CUP	CUP	See 19.60.140 (Places of Religious Assembly)
Recreational Vehicle Parking (Open/outdoor parking)	A	A	A	A	A	A	A	See 19.38.160 (Recreational Vehicle Parking in Residential Zones)
Temporary Uses	See Chapter 19.124 (Temporary Use Permits)

Utilities	CUP	CUP	CUP	CUP	CUP	CUP	CUP
TABLE 2-2 ALLOWED USES AND PERMIT REQUIREMENTS FOR MULTI- FAMILY RESIDENTIAL ZONES	P = Permitted By Right A = Permitted as Accessory Use MUP = Minor Use Permit CUP = Conditional Use Permit — = Not Allowed	P = Permitted By Right A = Permitted as Accessory Use MUP = Minor Use Permit CUP = Conditional Use Permit — = Not Allowed	P = Permitted By Right A = Permitted as Accessory Use MUP = Minor Use Permit CUP = Conditional Use Permit — = Not Allowed	P = Permitted By Right A = Permitted as Accessory Use MUP = Minor Use Permit CUP = Conditional Use Permit — = Not Allowed
---	---	---	---	---
Land Use	R-3	R-4	R-MH	Specifc Use Regulations
Residential Uses
Single-Family Dwellings	P	P	___	See 19.10.080 for Manufactured Housing.
Multi-Family Dwellings	P	P	___
Two-Family Dwellings (Duplex)	P	P	___
Mobile Homes	___	___	P	Applies to Establishment of a Single mobile home In an existing Mobile home park
Mobile Home Parks			CUP	Applies to establishment Of a new mobile home Park
Care Uses
Child Care Home - Large Family	___	___	___	See 19.60.100 (Large and Small Family Child Day Care Facilities)
Child Care Home - Small Family	A	A	A
Day Care Facility - 15 or more	CUP	CUP	___
Residential Care Facility - Small	P	P	P
Residential Care Facility - Large	CUP	CUP	CUP

(Ord. No. 874, § 2(Exh. A), 4-11-2017; Ord. No. 907, § 4.B., 3-8-2022; Ord. No. 916, § 3, 4-25-2023)

19.10.030 - Development standards. ¶

A. 2-4. ¶

B.

Residential structures near freeway and railroad rights-of-way. No habitable residential structure shall be erected within 40 feet of any railroad or freeway right-of-way, as measured from the closest right-of-way line. Multi-family residential projects that are a part of a transit-oriented development may be located up to 20 feet of a railroad right-of-way (adjacent or above), provided measures to lessen noise and vibration impacts are addressed through development regulations in a specific plan to that development.

C.

Prohibition on structures in front setback area. No portion of any habitable structure and/or accessory structure shall occupy any portion of a required front setback area (see Figure 2-1), except as provided in 19.32.020 (Permitted Projections into Required Setback Areas).

Figure 2-1. Development Features

==> picture [408 x 205] intentionally omitted <==

D.

Exceptions to maximum lot coverage. Maximum lot coverage for development in the R-1 zones is as provided in Table 2-3 and includes flexible lot coverage standards as follows. Properties in the R-1, R-1A and R-1F zone are subject to maximum lot coverage standards that may vary based on the lot size and/or building height (i.e., 1 or 2 stories). In the R-1 and R-1A zones, the base maximum lot coverage for one- or two-story units is 35 percent, except that units limited to one story in height on lots 8,000 square feet or less in size may occupy up to 40 percent of the lot area. When an existing unit on an R-1 or R-1A lot exceeds 35 percent lot coverage, new second story (or expansion of existing second story) construction shall not be permitted, regardless of lot size, unless the overall building footprint is reduced to 35 percent. In the R-1F zone, the base maximum lot coverage for one-story units is 12.5 percent. However, two-story units are limited to a maximum 10 percent lot coverage. When an existing unit on an R-1F lot exceeds 10

percent lot coverage, a new second story (or expansion of an existing second story) shall not be permitted unless the building footprint is reduced to 10 percent.

TABLE 2-3

DEVELOPMENT STANDARDS FOR SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONES

TABLE 2-3 DEVELOPMENT STANDARDS FOR SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONES	TABLE 2-3 DEVELOPMENT STANDARDS FOR SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONES	TABLE 2-3 DEVELOPMENT STANDARDS FOR SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONES	TABLE 2-3 DEVELOPMENT STANDARDS FOR SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONES	TABLE 2-3 DEVELOPMENT STANDARDS FOR SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONES	TABLE 2-3 DEVELOPMENT STANDARDS FOR SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONES	TABLE 2-3 DEVELOPMENT STANDARDS FOR SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONES	TABLE 2-3 DEVELOPMENT STANDARDS FOR SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONES	TABLE 2-3 DEVELOPMENT STANDARDS FOR SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONES
Development Feature (minimum unless otherwise indicated)	R-12	R-1A2	R-1B1	R-1D 1	R-1E	R-1F1	R-2	Additional Requirements
Lot Area (sq ft)4	6,500	7,500	10,000	20,000	20,000	80,000	8,000
Lot Width4
Interior Lot	60 ft	60 ft	70 ft	90 ft	90 ft	100 ft	60 ft
Corner Lot	65 ft	65 ft	75 ft	95 ft	95 ft	120 ft	65 ft
Lot Adjacent to Freeway or Railroad ROW	70 ft	0 ft	N/A	N/A	95 ft	N/A	70 ft
Cul-de-sac Lot	35 ft	35 ft	40 ft	45 ft	45 ft	55 ft	35 ft
Lot Depth4
When fronting on:
Local Street	90 ft	90 ft	100 ft	135 ft	135 ft	200 ft	90 ft
When fronting or backing:
Major or Secondary Highway	110 ft	110 ft	110 ft	135 ft	135 ft	200 ft	110 ft
When backing:
Freeway or Railroad ROW	115 ft	115 ft	115 ft	135 ft	135 ft	200 ft	115 ft
Setbacks4, 5
Front
Public Street Private Street	20 ft	20 ft	20 ft	20 ft	20 ft	30 ft	20 ft	Front setback shall be consistent with the average setback along the same block, but in
								no circumstances shall be less than 20 ft in all zones except R-1F, where the minimum shall be 30 ft.
---	---	---	---	---	---	---	---	---
Side
Interior	5 ft	5 ft	5 ft	8 ft	8 ft	15 ft	5 ft	See Section
Corner	10 ft	10 ft	10 ft	10 ft	10 ft	15 ft	10 ft	19.10.040 (Multi- Stor Setback)
Reverse Corner	15 ft	15 ft	15 ft	15 ft	15 ft	20 ft	15 ft	y
Rear
Single Story	10 ft	10 ft	10 ft	10 ft	10 ft	15 ft	10 ft	See Section 19.34.030.B (Accessory Structures)
Two Story	20 ft	20 ft	20 ft	20 ft	20 ft	20 ft	20 ft
Abutting an Alley	25 ft	25 ft	25 ft	25 ft	25 ft	40 ft	25 ft	Measured from the opposite side of the alley
Lot Coverage4, 5 (maximum)	35% or 40% for single- story units on lots 8,000 sf or less	35% or 40% for single- story units on lots 8,000 sf or less	35%	35%	35%	12.5% for single- story units or 10% for two- story units	55%	See Section 19.10.030.D (Exceptions to Maximum Lot Coverage)
Height5(maximum)	35 ft or 2 stories, which ever is less	35 ft or 2 stories, which ever is less	35 ft or 2 stories, which ever is less	18 ft; 1 story	35 ft or 2 stories, which ever is less	35 ft or 2 stories, which ever is less	35 ft or 2 stories, which ever is less	See Section 19.32.040 (Height Measurement and Exceptions). See also Section 19.10.050 (R-1D Zone: Additional Standards).
Floor Area of Dwelling Unit5	Minimum required foor area of dwelling units.
Studio/Bachelor (sq ft)	1,000	1,000	1,000	1,400	1,400	1,400	600	All bedrooms require a functional closet space located in each bedroom.
---	---	---	---	---	---	---	---	---
1 Bedroom (sq ft)	1,000	1,000	1,000	1,400	1,400	1,400	750
2 Bedrooms (sq ft)	1,200	1,200	1,200	1,600	1,600	1,600	950
3 Bedrooms (sq ft)	1,400	1,400	1,400	1,800	1,800	1,800	1,250
More than 3 Bedrooms (sq ft + sq ft per additional room [p.a.r.])	1,400 + 200 p.a.r.	1,400 + 200 p.a.r.	1,400 + 200 p.a.r.	1,800 + 225 p.a.r.	1,800 + 225 p.a.r.	1,800 + 225 p.a.r.	1,250 + 175 p.a.r.

Notes:

Properties within the R-1F, R-1D, and R-1B zones shall be subject to additional hillside development standards set forth in Chapter 19.46 (Hillside Development Standards).
Properties within the R-1 and R-1A zones located north of Sunnydale Drive and Brookridge Road shall be subject to additional hillside development standards set forth in Chapter 19.46 (Hillside Development Standards).
See also Section 19.10.040 (Multi-Story Setback), Section 19.32.020 (Permitted Projections into Required Setback Areas), and Section 19.32.050 (Yards — Measurement and Requirements).
See also Section 19.88 (Urban Lot Splits).
See also Section 19.10.035 (Duplex Developments in Single-Family Residential Zones).

TABLE 2-4 DEVELOPMENT STANDARDS FOR MULTI-FAMILY RESIDENTIAL ZONES

TABLE 2-4 DEVELOPMENT STANDARDS FOR MULTI-FAMILY RESIDENTIAL ZONES	TABLE 2-4 DEVELOPMENT STANDARDS FOR MULTI-FAMILY RESIDENTIAL ZONES	TABLE 2-4 DEVELOPMENT STANDARDS FOR MULTI-FAMILY RESIDENTIAL ZONES	TABLE 2-4 DEVELOPMENT STANDARDS FOR MULTI-FAMILY RESIDENTIAL ZONES	TABLE 2-4 DEVELOPMENT STANDARDS FOR MULTI-FAMILY RESIDENTIAL ZONES
Development Feature (minimum unless otherwise indicated)	R-3	R-4	R-MH1	Additional Requirements
Lot Area (sq ft)	9,000	10,000	—
Lot Width
Interior Lot	80 ft	90 ft	—
Corner Lot	85 ft	95 ft	—
Lot Depth	120 ft	120 ft	—
Density (maximum)	1 unit per 2,074 sf of site area	1 unit per 1,556 sf of site area	1 mobile home per 800 sf of site area
---	---	---	---	---
Setbacks	These are minimum setbacks required for primary structures. See also Section 19.32.020 (Permitted Projections into Required Setback Areas) and Section 19.32.050 (Yards — Measurement and Requirements).
Front	30 ft	30 ft	30 ft
Side
Interior	5 ft	5 ft	3 ft
Corner (street side)	10 ft	10 ft	3 ft
Reverse Corner (street side)	15 ft	15 ft	3 ft
Rear
Abutting R-1 zone	25 ft	25 ft	5 ft
All other zones	20 ft	20 ft	5 ft
Lot Coverage (maximum)	50%	60%	—
Distance between Structures	The Building Code establishes specifc regulations regarding required separation distances based on occupancy and construction type.
Height (maximum)	40 ft or 3 stories, whichever is less	50 ft or 4 stories, whichever is less	15 ft or 1 story	In the R-3 and R-4 zones, additional height may be granted by CUP, but in no case shall exceed 70 feet. See Section 19.32.040 (Height Measurement and Exceptions).
Floor Area of Dwelling Unit (Minimum)
Studio/Bachelor	500 sf			All bedrooms require a
1 Bedroom	600 sf			functional closet space located in each bedroom.
2 Bedrooms	800 sf
3 Bedrooms	1,000 sf
More than 3 Bedrooms	1,000 sf + 175 sf per additional bedroom
Open Space	These are minimum required open space standards.
Private (sf per unit)2				Required front or side setbacks adjacent to a street shall not be used in
---	---	---	---	---
Ground Floor Units	200 sf	200 sf	—	calculating required common open space. See 1910060(R-3 and R-4
Upper Floor Units	100 sf	100 sf	—	.. Zones: Additional Standards). In lieu of the
Common Open Space (sf per unit)	200 sf	200 sf	—	requirements set forth here, an Open Space Plan may be approved through the Site Plan and Design Review process.

Notes:

Development Standards for Mobile Home Parks shall be determined through the Site Plan and Design Review process in conjunction with the required Conditional Use Permit.
Private open space square feet may be transferred to common open space if an open space plan is prepared and reviewed through the Planned Development Permit process (Chapter 19.118).

(Ord. No. 907, § 4.C., 3-8-2022)

19.10.035 - Duplex Developments in single-family residential zones.

A.

Purpose. The purpose of this section is to allow and appropriately regulate duplex (two-family dwelling unit) developments in single-family residential zones in accordance with Government Code Section 65852.21.

B.

Definitions.

Car Share Vehicle is a motor vehicle that is operated as part of a regional fleet by a private or public car sharing company or organization and provides hourly or daily service.

Unit is any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this Code, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU).

C.

Application, review process, standard for denial.

1.

An application for a duplex project must be submitted on the city's approved form and include all items required as part of the application submittal package.

2.

A full title report shall be provided as part of the application.

a.

In the event the property has not already been legally subdivided, the applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

3.

The owner shall sign an affidavit, in the form approved by the City Attorney, stating that the duplex would not require demolition or alteration of any of the following types of housing listed in Subsections E.5.a.— E.5.d.

a.

The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

4.

Only a complete application will be considered. The City will inform the applicant within 30 days after submittal whether the application is complete. If the City does not respond within 30 days after submittal, the application is deemed incomplete.

5.

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. An application submitted without the established fee is deemed incomplete.

6.

An application for a duplex development shall be considered ministerially, without discretionary review or hearing.

7.

An application for a duplex development shall be approved or denied by the Community Development Director through the site plan and design review process, further described in Chapter 19.122.

Notwithstanding Subsection C.6., the City may deny an application for a Duplex development if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed duplex development would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D.

Accessory dwelling unit ineligibility. Parcels containing both a duplex and subject to an urban lot split as those terms both defined in Article 9 shall be ineligible for an accessory dwelling unit or junior accessory dwelling unit permit under Section 19.60.160 of this Code. Operation of an accessory dwelling unit or junior accessory dwelling unit in violation of this subsection shall be a violation of this section and grounds for enforcement pursuant to Subsection L.

E.

Applicability. Proposed Duplex developments must satisfy each of the following:

1.

Zoning. Located within a single-family zoning district.

2.

Lot location. Located on a parcel that meets all requirements of Government Code Section 65913.4(a)(6)(B) through (A)(6)(K), as may be amended from time to time.

3.

Subdivision Map Act compliance. Located on a lot that has been legally subdivided.

4.

Not historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.

5.

No impact on protected housing. The duplex project must not require or include the demolition or alteration of any of the following types of housing:

a.

Housing that is income-restricted for households of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060- 7060.7) at any time in the 15 years prior to submission of the urban lot split application.

d.

Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a duplex project is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6.

Demolition.

a.

Not more than 25 percent of the existing exterior structure walls of an existing dwelling on the parcel may be demolished unless the site has not been occupied by a tenant in the last three years.

b.

If approved by the Community Development Director, any duplex project that involves an existing dwelling unit proposed for demolition of more than 25 percent of the existing exterior structure walls of an existing dwelling on the parcel must comply with the replacement provisions of Government Code Section 66300(d).

F.

Development standards. A duplex development shall comply with the following development standards. In the cases where the following standards preclude development of an 800 square foot dwelling, the plan check review process will allow deviations sufficient to accommodate such development.

1.

Configuration.

a.

Proposed adjacent or connected units shall be permitted if they meet building code standards, are designed to allow separate conveyance, and comply with the development standards of the underlying zoning district or additional standards prescribed in this section, as applicable.

b.

Required parking for units associated with a duplex project shall be accessed via an alley, if there is an alley.

2.

Quantity.

a.

No more than two units of any kind may be built on a lot that results from an urban lot split, as prescribed under Chapter 19.88.

b.

A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the City's ADU ordinance.

3.

Unit size.

a.

The total floor area of each unit built that is developed under this section must be no greater than 800 square feet, exclusive of any enclosed garage space.

b.

Notwithstanding Paragraph F.3.a., if the duplex application proposes to add one new unit to a unit that was legally established prior to submission of the duplex application, the existing, legally established unit may retain its dimensions at the time the duplex application is submitted. A unit that was legally established prior to submission of the duplex application which retains its dimensions pursuant to this paragraph may not be expanded except as provided by Paragraph F.3.c.

c.

A unit that was legally established prior to submission of the duplex application and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the duplex project.

4.

Lot coverage. The City's existing lot coverage standards for the single-family residential zones shall apply to projects subject to this section.

5.

Setbacks. The city's existing setback standards for its R-1 single-family residential zone shall apply to projects subject to this section.

a.

Side and rear. Duplex developments shall be setback at least four feet from the side and rear property lines.

b.

Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

c.

Building separation. A minimum separation of 10 feet, measured from wall to wall, shall be required between detached dwelling units located on the same site.

d.

Projections into setbacks. See Chapter 19.32.

6.

Height.

a.

Any new units built shall be one-story and no taller than 16 feet to the highest ridgeline, and no taller than 10 feet to the top plate.

b.

Heights above 16 feet are allowed for existing or proposed units with a garage, in which the first-floor garage is maintained as off-street parking for two or more vehicles and the second-floor dwelling unit is equal to or less than the footprint of the first-floor garage itself. The garage must be accessible from a paved driveway that connects to a street or alley.

7.

Foundations. A permanent foundation shall be required for all new units.

8.

Landscaping. The City's existing landscape, irrigation, and hardscape standards for the single-family residential zones shall apply to projects subject to this section as required by Chapters 19.40.

9.

Accessible roof areas. For units subject to this section, accessible decks, patios, balconies, and similar private open spaces above the top plate of any new or remodeled existing dwelling unit are prohibited.

10.

Lighting. Exterior lighting shall be shielded or directed downwards.

Parking.

a.

Existing off-street garage parking and driveway must be maintained as part of a duplex project.

b.

Required parking shall be one off-street parking space within an enclosed garage per each dwelling unit, unless one of the following applies:

i.

The parcel is within one-half mile walking distance of a high-quality transit corridor or a major transit stop, as defined in California Public Resources Code Sections 21155 or 21064.3.

ii.

The parcel is located within one block of a car-share vehicle location, as defined in this section.

c.

Any parking and access, as required or otherwise proposed, for a duplex development lot shall be accessed via an alley, if there is an alley.

12.

Pedestrian access. Access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley.

G.

Other standards. All other applicable standards of this Code shall apply to the extent these standards do not conflict with this section of State law, in addition to the following:

1.

Design standards. Units and any other accessory structures shall comply with applicable objective design standards, as further described in Section 19.44.010.

2.

Utilities. Each dwelling unit on a parcel must have its own direct utility connection to the utility service provider.

3.

Onsite wastewater treatment system. For dwelling units connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been

recertified, within the last 10 years, and compliance with Chapter 6.13 of the Duarte Municipal Code, which implements the County of Los Angeles Local Agency Management Program (Ordinance No. 2018-0037).

H.

Standards precluding development. If an applicant submits plans showing that any of the objective standards which otherwise apply to duplex applications would have the effect of physically precluding the construction of up to two units or would physically preclude either of the two units from being at least 800 square feet in floor area, the Community Development Director shall permit the minimum deviation of the objective standards shown to physically preclude the construction of up to two units or physically preclude either of the two units from being at least 800 square feet in floor area necessary to physically permit the duplex project.

I.

Regulation of uses.

1.

Residential Only. No non-residential use is permitted on the lot.

2.

Short-term Rentals. No unit on the lot may be rented for a period of less than 30 days.

Separate Conveyance.

1.

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

2.

Condominium airspace divisions and common interest developments are not permitted within the lot.

3.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

K.

Restrictive Covenant. The applicant shall sign and record a restrictive covenant in the form prescribed by the City Attorney, which shall run with the land and provide for the following:

1.

A prohibition on non-residential uses on the lot.

2.

A prohibition against renting or leasing the units for fewer than 30 consecutive calendar days.

3.

All required parking shall be maintained, and useable for the parking of motor vehicle(s).

4.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

L.

Remedies. If a duplex project violates any part of this Code or any other legal requirement:

1.

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2.

The City may:

a.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

b.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor.

d.

Record a notice of violation.

e.

Withhold any or all future permits and approvals.

f.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's Code.

(Ord. No. 907, § 2, 3-8-2022)

19.10.040 - Multi-story setback. ¶

A.

R-1 and R-2 Zones. In all R-1 and R-2 zones, where the side or rear yard setback for the first story is the minimum required setback for the applicable zone, the second story of any residential structure shall be set back an additional two and one-half feet from the required minimum setback (see Figure 2-2). If the first story is set back 30 inches or more than the minimum required setback, no additional setback of the second story shall be required.

B.

R-3 and R-4 Zones. For structures with more than one story in the R-3 and R-4 zones, the rear setback shall be increased by five feet for each story or fractional story above the first story.

_____

Figure 2-2. Second Story Setback

==> picture [408 x 236] intentionally omitted <==

19.10.050 - R-1D zone: additional standards. ¶

A.

Site plan and design review required. Site Plan and Design review, pursuant to Chapter 19.122 (Site Plan and Design Review) of this Code, shall be required for any development in the R-1D zone involving any new single-family unit or an addition of 250 square feet or more that is visible from any public right-of-way.

B.

Driveways. Each driveway shall follow natural terrain contours to the maximum extent feasible to minimize grading, and also shall comply with the following standards. The finished grade of a driveway shall conform

to the finished grade of the lot, but in no case shall exceed an average grade of 15 percent, or 20 percent at any point.

C.

Retaining walls to create building pads. The maximum height of retaining walls used to create a building pad shall not exceed 10 feet.

D.

Hillside development standards apply. Properties within the R-1D zone shall be subject to additional hillside development standards set forth in Chapter 19.46 (Hillside Development Standards).

19.10.060 - R-3 and R-4 zones: additional standards.

A.

Open space—Common.

1.

Common open space shall be distributed throughout the development at convenient, safe, and easily accessible locations to all residents of the development.

2.

Any one common open space area shall have minimum dimensions — depth or width — of 15 feet.

3.

Common open space areas may be developed with landscaping, play equipment, swimming pools, walkways and paths, paved terraces, and similar features that benefit all residents of the development.

4.

All common open spaces areas not covered by hard surface improvements as described in subparagraph 3, above, shall be landscaped.

B.

Open space—Private.

1.

Private open space must be contiguous to the unit it serves.

2.

Any single private open space area shall have minimum dimensions — depth or width — of 10 feet.

Private open space square feet minimum requirements may be transferred to common open space if it meets the following standards:

a.

An Open Space Plan is prepared and approved by the Director; or

b.

A Planned Development Permit is approved;

c.

Such open space provides creative communal spaces, including but not limited to gardening areas, sunning areas, outdoor seating, patios, barbeque facilities, and other similar features and spaces that contribute to a functional outdoor space for use by all residents.

d.

See Section 19.52.060 (Urban Water Runoff and Drainage) that encourages vegetable gardens as alternative to landscaping for multi-family residential developments.

C.

Open space plan. In lieu of the open space requirements set forth in Table 2-4 and paragraphs A and B,

above, an open space plan may be prepared for review as part of the Site Plan and Development Review process (Chapter 19.122). Such open space plan shall indicate how the proposed open space meets the intent of the public and private open space requirements for the R-3 and R-4 zones and General Plan goals regarding open space and development amenities. Such open space may include indoor or outdoor common areas, or combinations of such areas, that provide amenities such as a pool/spa, a recreation room, fitness facilities, or community gardens.

D.

Balconies.

1.

Balconies, where provided, shall have minimum dimensions of four feet by six feet.

2.

See 19.44.010.E (Residential Architectural and Design Standards) for required design treatment.

E.

Laundry facilities. All units shall be provided with individual washer and dryer hook-ups. In lieu of individual hook-ups, common laundry facilities may be provided at a ratio of one washer and one dryer for every four units. Such common facilities shall be located to be convenient, safe, and easily accessible to all residents of the development.

F.

Storage. All units shall provide for a storage area of not less than 250 cubic feet which must be within an enclosed area. Storage areas must not conflict with required parking area nor affect required open space.

G.

Trash and recycling facilities.

1.

Where common waste and recycling receptacles are provided, waste and recycling receptacles areas shall be designed and constructed in accordance with current standard City plans or policies.

2.

Trash enclosures for individual units and/or common facilities should be sized to accommodate separate bins for recyclable trash and regular trash, as well as green/yard waste (when appropriate).

3.

All waste and recycling receptacles areas shall be screened from view from any public street and all adjacent properties, and screening shall be designed to be architecturally compatible and integral to the overall project design.

4.

All waste and recycling receptacles areas shall be located to be convenient, safe, and easily accessible to all residents of the development.

19.10.070 - Accessory structures. ¶

Accessory structures are permitted subject to the development standards set forth in Chapter 19.34 (Accessory Structures) of this Code.

19.10.080 - Manufactured housing. ¶

A.

Manufactured housing considered a single-family dwelling. A manufactured housing unit shall be considered a single-family dwelling and is subject to the development standards identified in this Chapter 19.10 (Residential Zones).

B.

Foundation required. A manufactured home shall be installed and maintained upon a permanent, continuous, exterior, masonry, or concrete foundation.

C.

Design standards.

All manufactured housing units shall comply with the site design and architectural standards set forth in Section 19.44 (Architectural and Design Standards).

2.

Roofs on manufactured housing shall include a roof overhang with eaves a minimum of 12 inches.

3.

Flat roofs are not permitted. A minimum roof pitch of 4 to 12 is required.

D.

Manufactured housing may be prohibited. The Director, pursuant to Section 65852.3(a) of the California Government Code, shall have the authority to preclude the installation of a manufactured housing unit if the manufactured housing unit was constructed 10 or more years prior to the date of the application for permit issuance to install the manufactured housing unit.

19.10.090 - Other applicable regulations. ¶

In addition to the requirements contained in this Chapter 19.10 (Residential Zones), regulations contained in the following Chapters may apply to development in residential zones.

Chapter 19.32, Site Planning and General Development Standards.

Chapter 19.34, Accessory Structures.

Chapter 19.36, Fences, Walls, and Hedges.

Chapter 19.38, Off-Street Parking Regulations and Design.

Chapter 19.40, Landscaping.

Chapter 19.42, Signs.

Chapter 19.44, Architectural and Design Standards.

Chapter 19.48, Property Maintenance.

Chapter 19.50, Performance Standards.

Chapter 19.52, Sustainable Development Practices.

Article 4, Standards for Specific Land Uses

and Activities.

(Ord. No. 908, § 3.A., 4-12-2022)