Chapter 19.34 — ACCESSORY STRUCTURES›Article 4 — STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES
§ 19.64
Duarte Zoning Code · 2026-06 edition · updated 2026-07-25 · Duarte
19.64.010 - Purpose. ¶
The purpose of this Chapter is to provide standard and processes that incentivize the use the creation of affordable housing and assisted housing as mandated by the State of California.
(Ord. No. 916, § 6, 4-25-2023)
19.64.020 - Density bonus for affordable housing.
A.
Purpose. The purpose of this Chapter is to provide a means for granting density bonuses and incentives in compliance with Government Code Sections 65915 through 65918. This Chapter provides density bonuses and incentives for the development of housing that is affordable to lower-, low-, and moderate-income households and senior citizens. Where regulations are not specifically addressed in this Chapter or where there are conflicts between these provisions and the provisions of Government Code Sections 65915 through 65918, the provisions of the Government Code, as they may be amended over time, shall apply.
B.
Eligibility for density bonus and incentives.
1.
In order to be eligible for a density bonus and other incentives as provided by this Chapter, a proposed housing development shall comply with the eligibility requirements specified in Government Code Sections 65915 through 65918.
2.
For housing projects that are restricted specifically to senior citizens, and where all units provided are for low and very low-income households, the City Council may grant an additional discretionary density bonus beyond the density bonus provided for in Government Code Sections 65915 through 65918. This additional bonus may be up to two times the density provided for in the General Plan (e.g. Where 40 units are allowed based on general plan density, and additional 40 may be permitted with this provision) the final amount subject to the approval of the City Council based on a case-by-case analysis of the proposed housing development by considering the following factors: the square footage of the individual units (typically, senior units are smaller than comparable unrestricted units), the allowable density for adjacent and neighboring parcels, the compatibility of the additional discretionary density bonus with existing and potential uses of adjacent and neighboring parcels, the necessity of the additional discretionary density bonus to make the proposed housing development economically feasible, the quality and design of the proposed housing development, and the fulfillment of the City's housing needs as established in the Housing Element of the General Plan.
C.
Design and distribution of affordable units. Affordable units shall be designed and distributed within the residential development as follows:
1.
Number of bedrooms. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole.
2.
Comparable quality and facilities. Affordable units shall be comparable in the facilities provided (e.g., laundry, recreation) and in the quality of construction and exterior design to the market-rate units.
3.
Size. Affordable units may be smaller and have different interior finishes and features than the market-rate units.
4.
Location. Affordable units shall be dispersed throughout the residential development.
D.
Density bonus application and agreement. Affordable units shall be designed and distributed within the residential development as follows.
1.
Housing developments that seek to include a density bonus and/or incentives or concessions under the provisions of this Chapter shall submit a density bonus application along with Site Plan and Design Review, in addition to any other applications for permits or approvals that may be required, pursuant to the Development Code. The density bonus application shall include at a minimum the following: the total number of dwelling units for the proposed housing development, the number of base units and number of density bonus units proposed, requested incentives or concessions (if any), the proposed length of the affordability restrictions for any low-, moderate-, and very low-income units, and requested financial assistance (if any) to be provided from the City or any of its agencies or commissions. Nothing in this Chapter shall be deemed to require the City or any of its agencies or commissions to provide, as an incentive or concession or otherwise, any financial assistance.
2.
A density bonus housing agreement (and any necessary implementing documents, such as an equity sharing agreement, for the approved housing development) shall be signed by the owner of the property seeking the density bonus pursuant to this Chapter. Such agreement shall be approved by the Director and City Attorney, shall be recorded with the Los Angeles County Recorder, and shall continue to be valid upon change of ownership.
3.
Affordable units may be smaller and have different interior finishes and features than the market-rate units. No demolition, grading, building, or other ministerial permit shall be issued for all or any portion of a
housing development subject to this Chapter unless the Director has approved the density bonus application and density bonus agreement.
4.
Affordable units shall be dispersed throughout the residential development. No certificate of occupancy shall be issued for all or any portion of a housing development subject to this Chapter unless the approved density bonus application and approved density bonus agreement has been fully implemented.
(Ord. No. 916, § 6, 4-25-2023)
19.64.030 - Retention of existing affordable housing.
A.
Purpose. The purpose of this Section is to ensure that new residential development does not result in the loss of existing affordable residential units in accordance with Government Code 65583.2(g)(3).
B.
Applicability. All existing, affordable or potentially affordable units, proposed for demolition, must be replaced with units affordable to the same or lower income level as a condition of development on a nonvacant site consistent with those requirements set forth in Density Bonus Law. Replacement requirements shall be required for sites that currently have residential uses, or within the last five years have had residential uses that have been vacated or demolished, and were either rent or price restricted, or were occupied by low or very low income residents.
(Ord. No. 916, § 6, 4-25-2023)
19.64.040 - Supportive and small employee housing. ¶
A.
Purpose. The purpose of this Section is to acknowledge the State mandated regulations meant to protect disadvantaged groups that seek to reside in group housing from housing discrimination and recognize the regulations of the State on these matters. This section also pertains to employer-owned group homes intended for employees.
B.
Definition.
1.
"Small employee housing" means housing owned by the employer for use by six or fewer employees.
2.
"Low barrier to navigation center" shall be as defined as a low barrier, temporary, service-enriched shelter that helps homeless individuals and families to quickly obtain permanent housing and more specifically
described by State law at Government Code 65660.
C.
Applicability.
1.
Residential care facilities (small) and Small employee housing shall be permitted by right in all residential zones.
2.
Residential care facilities (large) shall be permitted in all residential zones with approval of a Conditional Use Permit.
3.
Low barrier to navigation centers shall be permitted as mandated by the State at Government Code 65660 - 65666.
(Ord. No. 916, § 6, 4-25-2023)
19.64.050 - Parking exemption for supportive housing.
A.
Purpose. The purpose of this Section is to acknowledge the State mandated regulation prohibiting local jurisdictions from establishing minimum parking regulations for supportive housing that meets certain criteria.
B.
Applicability.
1.
Residential care facilities of any size shall not have parking requirements if they are located within one-half mile of a transit stop.
(Ord. No. 916, § 6, 4-25-2023)
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