2-4. — Duarte Zoning Code | GoCodebook Library

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 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

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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
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
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
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.