Chapter 19.36 — , Fences, Walls, and Hedges.
Article 3 — REGULATIONS APPLICABLE TO ALL ZONES
Duarte Zoning Code · 2026-06 edition · ingested 2026-07-06 · Duarte
Chapter 19.32 - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS
Sections:
19.32.010 - Purpose and applicability.
A.
Purpose. The purpose of this Chapter is to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan.
B.
Applicability. The standards of this Chapter apply to all zones. These standards shall be considered in combination with the standards for each zone in Article 2 (Zones, Allowable Uses, and Development
Standards), and Article 4 (Standards for Specific Land Uses and Activities). Where there may be a conflict, the standards specific to the zone or specific land use shall override these general standards. All structures, additions to structures, and uses shall conform to the standards of this Chapter, as determined applicable by the Director.
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19.32.020 - Permitted projections into required setback areas. ¶
In all residential zones except the R-MH zone, the architectural and similar features identified in Table 3-1 may project into any required setback area.
| TABLE 3-1 PERMITTED PROJECTIONS AND ENCROACHMENTS INTO REQUIRED SETBACK AREAS |
Maximum Permitted Encroachment Distance into Required Setback Area1 |
Maximum Permitted Encroachment Distance into Required Setback Area1 |
Maximum Permitted Encroachment Distance into Required Setback Area1 |
Maximum Permitted Encroachment Distance into Required Setback Area1 |
|---|---|---|---|---|
| Architectural Feature | R1 and R2 Zones | R3 and R-4 Zones | ||
| Front | Side | Rear | Front, Side, and Rear |
|
| Cornices, eaves, sills, buttresses, and roof overhangs |
2 ft | 4 ft | 4 ft | 2 ½ ft |
| Uncovered porches or landing places, patios not higher than 30 inches, stairways, and decks |
4 ft | 2 ft | 2 ft | 2 ft |
| Fireplaces, bay windows, awnings, trellises, balconies, cantilevered structures, fre escapes (except in front yard), planter boxes attached to structures |
2 ft | 2 ft | 2 ft | 2 ft |
| Mechanical equipment not higher than 4 feet 2 |
Not allowed |
2 ft | 2 ft | Not allowed in front yard; 2 ft in side and rear yards |
Notes:
1.
In no case shall any projection extend more than two feet into the required front setback area, nor shall any projection extend closer than 30 inches to a side property line.
2.
Mechanisms and motor boxes associated with electric gates, irrigation systems or similar functional uses typical of front yards (as determined appropriate by the Director) shall be exempt for setback requirements,
but in no case shall encroach into the public right-of-way.
19.32.030 - Corner cutback areas. ¶
A.
Visibility required. To safeguard against vehicular, bicycle, and pedestrian collisions caused by visual obstructions at street and alley intersections, and at any point where a driveway intersects a street or alley, there shall be no visual obstruction within the corner cutback area established in this Section. Such space shall be kept free of buildings, structures, and landscaping that constitutes a visual obstruction. In hillside areas, corner cutback treatment shall include such grading as may be necessary to provide for reasonable intersection visibility.
Figure 3-1. Corner Cutback
- Corner Lot
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B.
Corner cutback area described. The corner cutback area is defined as:
1.
The triangular-shaped area on a corner lot, or at a point where driveway intersects a street, formed by measuring the prescribed distance from the intersection of the front (or rear) and street side property lines at an intersecting street or alley, and connecting the lines diagonally across the property making a 90degree triangle; and
2.
The triangular-shaped area on each side of any driveway intersecting a street or alley.
C.
Corner cutback required dimensions. The following required dimensions for a corner cutback area shall be applied:
1.
15 feet from the intersection of a street right-of-way and an alley
2.
15 feet from the intersection of two alleys
3.
10 feet from the corner of an intersecting street right-of-way and a driveway
D.
Irregular lots. Where, due to an irregular lot shape, the corner cutback area does not provide for intersection visibility, the corner cutback required dimensions shall be increased to 17 feet.
E.
Limit on corner cutback obstructions. The following shall not be erected, placed, planted, or allowed to grow within the corner cutback area:
1.
Solid fences, walls, signs, structures, mounds of earth, solid post mail boxes, or other visual obstructions over 36 inches in height or over 24 inches in height in the M zone, and open work fences up to 42 inches in height.
2.
Hedges, shrubbery, and vegetation over or with a growth characteristic over 36 inches in height.
3.
The lower edge of tree canopies of a single trunk tree shall be maintained at a minimum height of seven feet above ground level, as measured from adjacent street curb elevation.
19.32.040 - Height measurement and exceptions.
A.
Height of structures and measurement.
1.
Structure height established. Structures shall not exceed the maximum allowable height for the zone in which the structure is located in compliance with Article 2 (Zones, Allowable Uses, and Development Standards), except as provided in Subsection B (Exceptions to Height Limits in all Zones), below.
2.
Height measurement.
a.
Structure height shall be measured as the vertical distance between the lowest ground elevation or finished grade and the highest point of the structure, exclusive of chimneys, ventilators and other exceptions allowed in the zone, see Figure 3-2.
b.
For sloped lots or structures with varied floor elevations, the height shall be measured as the vertical distance from the average ground level to the topmost point of the roof, as set forth in a, above. The average ground level shall be determined by adding the lowest and highest points on the lot and dividing by two.
Figure 3-2. Measurement of Structure Height
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B.
Exceptions to height limits in residential zones. The following exceptions to height limits are allowed for residential buildings, provided compliance is achieved with all other applicable permit requirements and development standards of this Code.
1.
Architectural elements.
a.
Chimneys and vents. Chimneys and roof-mounted vents shall be allowed to exceed height limits to the minimum extent required by Title 16 (Buildings and Construction). Chimneys shall be allowed an additional 24 inches in height to provide a spark arrestor or a decorative architectural screen that do not exceed two feet in width by four feet in length.
b.
Skylights and roof windows. When mounted on a minimally pitched roof, skylights or roof windows shall be allowed to exceed the maximum height limit by up to six inches.
2.
Mechanical equipment—R-3 and R-4 zones. In the R-3 and R-4 zones, uninhabited penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building shall be allowed to exceed the maximum building height limit by a maximum of 10 percent, except as allowed by subsection C.1 below. No such structures or any space above the height limit shall be allowed for the purpose of providing additional living or floor space.
C.
Exceptions to height limits in all zones.
1.
Architectural elements. Except as specifically provided in subsection B above, architectural elements that are approved through the Site Plan and Design Review per Article 7 (Permit Processing Procedures) may exceed the maximum height limit provided that no such structures shall be for the purpose of providing additional living or floor space. Roof-mounted mechanical that is entirely screened and incorporated into the design of approved architectural elements may exceed height limitations provided in subsection B.2 above.
2.
Flagpoles.
a.
Ground-mounted. Ground-mounted flagpoles shall be allowed in residential zones to a maximum height of 28 feet and in nonresidential zones to a maximum height of 35 feet.
b.
Roof-mounted. Flagpoles mounted on tops of buildings located in nonresidential zones shall be allowed to exceed the maximum height limit by more than 20 feet, but in no case shall be more than 20 feet taller than the final building height. Roof-mounted flagpoles shall not be allowed in residential zones.
3.
Antennas. Height exceptions for antennas and other wireless communications facilities are set forth in Section 19.60.190 (Wireless Communications Facilities).
4.
Fences, hedges and walls. Refer to Chapter 19.36 (Fences, Walls, and Hedges) for exceptions to height limits for these features.
5.
Places of religious assembly. Structures housing Places of Religious Assembly may be allowed to exceed the maximum height limit subject to the approval of a Site Plan and Design Review application in compliance with Chapter 19.122. Where more than one structure exists or is proposed for the site, only the primary structure shall be eligible for approval to exceed the maximum height limit.
19.32.050 - Yards—Measurement and requirements. ¶
A.
General. This Section establishes standards for setback measurement and required yard areas. These provisions, in conjunction with other applicable provisions of this Code, are intended to provide for open areas around structures; access to natural light and ventilation, separation of incompatible land uses; space for privacy, landscaping, and recreation; and access to structures for function and safety.
B.
Setback areas to remain unobstructed. Except as provided in this Chapter, every required setback area creating a yard shall be open and unobstructed from the ground to the sky.
C.
Setback applies to one property only. No setback area provided around any structure for the purposes of complying with the provisions of this Code shall be considered as providing a setback area for any other structure, and no setback area on any adjoining property shall be considered as providing a setback area on a site upon which a structure is to be erected, except as may be specifically addressed through a Planned Development Permit or a Specific Plan.
D.
Modification of side setback requirement on combined lots. When the common property line separating two or more contiguous lots is covered by a structure or permitted group of structures, or when the placement of a structure or structures with respect to such common property line or lines does not fully conform to the required setback area on each side yard common property line or lines, such lots shall constitute a single site for the purposes of the requirements of this Code, and the required side setback area shall not apply to such common property line.
E.
Special setbacks may be established. The Council may, by Resolution, adopt a formula or establish standard practices by which to determine an appropriate and practical modification of required front or rear setback areas in any residential zone where geometric shape and dimensions and topography make the literal application of required setback impractical.
F.
Setback requirements for property abutting future street right-of-way. No structure shall be erected or maintained on any lot which abuts a street or private roadway having only a portion of its required width dedicated unless the setbacks provided and maintained in connection with that structure have a width or depth sufficient to accommodate completion of the public road width, plus the width or depth required to satisfy the setback requirements for the zone in which the property is located. However, this requirement does not require a setback of such width or depth as to reduce the buildable width of a corner lot to less than 40 feet.
G.
Side setback when a dwelling unit fronts the side yard. On any corner lot where a dwelling unit fronts upon a side yard, that yard shall be defined to be the front yard, and the front setback requirements for the applicable zone shall apply.
H.
Measurement of setbacks.
1.
All setback distances shall be measured at right angles from the designated property line, and the setback line shall be drawn parallel to the designated property line at the required setback distance (see Figure 3-4).
2.
Setbacks from private streets shall be measured from the curb line from the private street, even if the property line extends to the centerline of a private street, or as may otherwise be established in a Planned Development Permit or Specific Plan.
3.
For irregularly shaped lots, the setback shall be measured from each portion of the lot that comprises the front, side or rear lot line (see Figure 3-5).
4.
For sloped lots, the measurement shall be made as a straight, horizontal line from the property line to edge of the structure, not up or down the hill slope (see Figure 3-3).
5.
For flag lots, the pole portion of the lot shall not be used for defining setback lines.
Figure 3-3. Setback Measurement for Sloped Lots
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19.32.060 - Street improvements.
A.
Improvements required. If, when deemed necessary due to substantial changes in local traffic by reason of increased vehicular traffic, including truck traffic, increased pedestrian traffic, increased noise, and other activities associated with the proposed development, street improvements may be required by the Director to prevent congestion and the other hazards that are related to the intensified use of the land.
B.
Types of improvements. The improvements shall be to City standards and shall include curb, gutter, sidewalk, street and alley paving, street trees, street signs, street lights, fire hydrants, and all required utilities.
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Figure 3-4. Setback Measurement
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Figure 3-5. Setback Measurement for Irregularly Shaped Lots
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