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.

Chapter 19.60, Standards for Specific Uses (Accessory Uses, Home Occupations, Horse Keeping, Large and Small Family Day Care Facilities, Places of Religious Assembly, Accessory Dwelling Units, Wireless Communication Facilities, and Low-Barrier Navigation Centers)

Article 4, Standards for Specific Land Uses and Activities.

(Ord. No. 924, § 4 (Exh. A), 10-8-2024)

Chapter 19.26 - AFFORDABLE HOUSING OVERLAY ZONE

Sections:

The Affordable Housing Overlay (AHO) zone is established to implement the housing goals set forth in the Housing Element of the General Plan. As a part of the strategy to encourage and promote affordable housing, specific locations in the City have been designated with the AHO, offering increased densities and other incentives to developers that provide affordable housing as a part of development projects. To qualify, projects must restrict housing units to certain income levels as further described in the Chapter. The AHO may be applied by itself or in combination with a State Density Bonus to provide density bonuses beyond those allowable under State Density Bonus Law. Sites developed under the AHO will be higher density, will be well integrated into the existing neighborhood, will be designed with similar development standards to ensure compatibility and a consistent quality of life, and will incorporate creative techniques to ensure a positive sense of place.

This Chapter is applicable to mixed income and affordable housing developed in the AHO. All other development shall be subject to the underlying zoning designation.

(Ord. No. 927, § 4 (Exh. A), 11-12-2024)

A.

Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the specified fraction of their gross income as specified in California Health and Safety Code Section 50053 and 50052.5.1.

B.

Affordable housing unit means a dwelling unit within a residential development which will be reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to, very low, low, or moderate-income households.

C.

Household income levels: very low, low and moderate means households whose gross incomes do not exceed the qualifying very low, low and moderate income limits established in Section 6932 of the California Code of Regulations, and amended periodically based on the U.S. Department of Housing and Urban Development (HUD) estimate of median income in the County of Los Angeles Primary Metropolitan Statistical Area, and as adjusted by the State Department of Housing and Community Development (HCD). Pursuant to Code Sections 6926, 6928 and 6930, these income limits are approximately as follows, subject to variations for household size and other factors:

1.

Very low income household: 0-50 percent of area median income, adjusted for household size appropriate for the unit and other factors determined by HUD

2.

Low income household: 50-80 percent of area median income, adjusted for household size appropriate for the unit and other factors determined by HUD

3.

Moderate income household: 80-120 percent of area median income, adjusted for household size appropriate for the unit and other factors determined by HUD

D.

Ministerial processing or ministerial approval means a process for development approval involving little or no discretion or personal judgment by the public official as to the wisdom or manner of carrying out the project, whereby the public official merely ensures that the development project meets all the standards set forth in this part.

E.

State Density Bonus means an increased residential density of between 20 to 80 percent over the maximum general plan density which is granted to an owner/developer of a housing project agreeing to construct a prescribed percentage of very low, low and/or moderate income dwelling units, as defined by

California Government Code Section 65915 through 65918 (refer to Chapter 19.64 of the Duarte Development Code).

(Ord. No. 927, § 4 (Exh. A), 11-12-2024)

The 2021-2029 Housing Element of the City of Duarte General Plan identifies the following opportunity sites for designation with the Affordable Housing Overlay (AHO), as depicted in Figure 1 of the Housing Element:

1.

1214 Elmhurst Avenue & 2150-2200 Huntington Drive (Opportunity Site 7). This site on the southeast corner of Elmhurst Avenue and Huntington Drive includes five underutilized properties, which if assembled would provide a one point eight-acre development site. A part or all of these properties may be developed under the AHO, with greater incentives for assembly of a minimum 40,000 square foot parcel, as specified under Section 19.26.060.

2.

2400-2422 Huntington Drive (Opportunity Site 8). This site includes two vacant Housing Authority owned properties (2400-2402 Huntington Drive) envisioned to be assembled with the four underutilized properties to the east to create a larger, one point four-acre parcel. A part or all of these properties may be developed under the AHO, with greater incentives for assembly of a minimum 40,000 square foot parcel, as specified under Section 19.26.060.

3.

1806-1812 Mountain Avenue (Opportunity Site 9); and 1803, 1809, and 1815 Citrusview Avenue. This site is comprised of two adjacent City-owned vacant parcels with a total area of 15,300 square feet. This City property could be developed by itself under the AHO, but assembly with the three adjacent single-family properties to the east would greatly increase the development yield. For this site, this Chapter is being expanded to include the three easterly adjacent parcels described above, which include 1803, 1809, and 1815 Citrusview Avenue.

4.

1900 Buena Vista Street (Opportunity Site 10). This 4.3-acre site is developed with the Duarte Park Apartments that includes 100 units deed restricted as affordable to very low income seniors. The site has a lot coverage of just 35 percent, providing significant additional infill opportunity on the site's open space and parking areas. Designation of this site with the AHO will allow it to develop at the base overlay density of 30 units/acre, plus an automatic 80 percent density bonus to 54 units/acre under State Density Bonus Law. Alternatively, the addition of affordable senior housing would make the site eligible for Duarte's senior housing density bonus, allowing the City Council discretion to double the R-4 base density of 28 units/acre to 56 units/acre.

5.

Properties within the AHO may, but are not required to, utilize the rules and regulations of this Chapter.

(Ord. No. 927, § 4 (Exh. A), 11-12-2024)

To qualify for the increased density and other incentives under the AHO, a development project must include the following deed restricted affordable housing units:

1.

Opportunity Site 7 (1214 Elmhurst Ave and 2150-2200 Huntington Drive). At least 50 percent of housing units shall be developed, offered to, and rented or sold to very low, low or moderate-income households at an affordable housing cost as defined in Section 19.26.020. The percentage of affordable units shall be calculated as a percentage of the total number of units in a project, exclusive of any units granted under State Density Bonus Law.

2.

Opportunity Site 8 (2400-2422 Huntington Drive), Opportunity Site 9 (1806-1812 Mountain Avenue and 1803, 1809, and 1815 Citrus View Avenue), and Opportunity Site 10 (1900 Buena Vista Street). 100 percent of housing units (with the exception of a manager's unit), shall be developed, offered to, and rented or sold to very low or low-income households at an affordable housing cost as defined in Section 19.26.020.

3.

Prior to issuance of any building permit, the applicant shall execute an agreement with the City in a form acceptable to the City Attorney ensuring the continued affordability of the affordable units for a period of not less than 55 years.

(Ord. No. 927, § 4 (Exh. A), 11-12-2024)

The development standards that apply to a project seeking approval under the AHO are as follows:

1.

Density. A project seeking approval under the AHO shall be allowed a density of up to 30 units per acre, with a minimum required density of 20 units per acre. Property owners providing 100 percent lower income affordable units under the AHO are automatically eligible for an 80 percent density increase under State Density Bonus Law, or up to 54 units per acre.

2.

Building height. The maximum building height for any building or structure included in a project seeking approval under the AHO shall be no taller than 50 feet, or four stories. Buildings taller than three stories fronting on public streets shall include building height modulation to reduce building scale at the street edge. Any and all stories above the third story shall maintain an average setback of at least 12 feet from the front property line.

Building setbacks.

a.

Front setback — 10 feet minimum

b.

Side setback — five feet minimum

c.

Rear setback — 10 feet minimum

4.

Open space. The required minimum amount of open space shall be 125 square feet per residential unit. The minimum open space may be met through a combination of common, private, and/or quasi-public open space provided on site. All required open space shall be usable.

5.

Off-street parking. Unless modified herein, the parking requirements in the underlying zoning designation of the property shall apply. All fractional units shall be rounded up to the nearest whole number. The parking requirements for each affordable unit provided shall be as follows:

a.

Studio and one-bedroom units — one parking space

b.

Two and three-bedroom units — one and one-half parking spaces

c.

Four-bedroom units — two and one-half parking spaces

d.

A senior citizen housing project as defined in Sections 51.3 and 51.12 of the Civil Code shall be required to provide no more than one-half parking space per dwelling unit.

6.

Conflict between AHO and City of Duarte Development Code. The AHO development standards specified in 19.26.050 are in addition to the objective development standards, pursuant to Section 19.122.040.D for the applicable zoning district in which a proposed project is located. Where a conflict between the AHO standards and other provisions of the City of Duarte Development Code exists, the provisions of this Section shall govern.

(Ord. No. 927, § 4 (Exh. A), 11-12-2024)

The following AHO sites are comprised of multiple, privately-owned parcels:

•

1214 Elmhurst Avenue and 2150-2200 Huntington Drive (Opportunity Site 7)

•

2400-2422 Huntington Drive (Opportunity Site 8)

For these two opportunity sites, projects which assemble a minimum 40,000 square foot parcel will be provided increased densities of up to 40 units per acre.

(Ord. No. 927, § 4 (Exh. A), 11-12-2024)

Housing developments meeting the affordable housing requirements specified in 19.26.040 are a permitted use in the Affordable Housing Overlay zone and are processed ministerially subject to the development standards specified in 19.26.050 and general development standards provided in Chapter 19.32. Development in the Affordable Housing Overlay zone may also utilize the planned development permit process in Chapter 19.118, but is not subject to the minimum site area specified in Section 19.118.020.B.

(Ord. No. 927, § 4 (Exh. A), 11-12-2024)