Sections:

Sections:

Sections:

This title shall be known as the "City of Duarte Development Code" and referred to as the "Development Code."

This Development Code is intended to carry out the policies of the City of Duarte General Plan. It is also the intent of this Development Code to promote the orderly development of the City; promote and protect the public health, safety, and general welfare; protect the character, social diversity, and economic vitality of neighborhoods; and to ensure the beneficial development of the City.

This Development Code is enacted based on the authority vested in the City of Duarte and the State of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65000 et seq.), California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), and the California Health and Safety Code.

The provisions of this Development Code, as it existed prior to the effective date of Ordinance No. 822 (adopted November 23, 2010), are repealed and superseded as provided in the ordinance enacting this title. No provision of this Development Code shall validate or legalize any land use or structure established, constructed, or maintained in violation of the Development Code as it existed prior to repeal by the ordinance enacting this Development Code, except as addressed by nonconformances created by this Development Code.

This Development Code is the primary tool used by the City to carry out the goals, objectives, and policies of the General Plan. It is intended that all provisions of this Development Code be consistent with the General Plan and that any development, land use, or subdivision approved in compliance with these regulations will also be consistent with these documents.

The enactment of this Development Code shall not terminate nor otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance or resolution, nor shall violation of any prior ordinance or resolution be excused by the adoption of this Development Code.

Activities of the City of Duarte shall be exempt from the requirements of this Development Code.

Any violation of this Development Code, as determined by the City Council (Council), Planning Commission (Commission), Director of Community Development (Director), and/or City Attorney, shall constitute a public nuisance.

Any development, use of lands or use of structures not in compliance with this Development Code or any conditions of planning permit approvals received, will be subject to enforcement actions as provided in Chapter 19.154 (Enforcement Provisions) of this Development Code.

If any portion of this Development Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this title. The Council hereby declares that this title and each article, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable.

The purpose of this Chapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Development Code, and to ensure its consistent interpretation and application.

A.

Authority. The Director has the authority to interpret provisions of this Development Code according to Section 19.04.030 (Procedures for Interpretation). Whenever the Director determines that the meaning or applicability of a Development Code requirement is subject to interpretation, the Director shall issue a written interpretation. The Director may also refer any issue of interpretation to the Commission for a determination. A decision of the Director may be appealed to the Commission in compliance with Chapter 19.144 (Appeals).

B.

Terminology. When used in this title, the following rules apply to all provisions of this Development Code:

1.

Language. When used in this Development Code, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive.

2.

Tense. The present tense includes the past and future tense, and the future tense includes the present.

3.

Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

4.

Calculations.

a.

Residential density. When the number of dwelling units allowed on a site is calculated based on the minimum site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number.

b.

Other calculations. For calculations other than residential density, the fractional/decimal results of calculations shall be rounded to the next highest whole number unless otherwise specified.

5.

Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either...or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to".

6.

Local reference. "City" as used herein means the City of Duarte and all public officials, bodies, and agencies referenced herein are those of the City unless otherwise stated.

7.

Definitions. As defined in Article 9 (Definitions) and/or as determined/interpreted by the Director.

C.

Number of days. Whenever the number of days is specified in this Development Code, or in any permit, condition of approval, or notice issued or given as provided in this Development Code, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next working day.

D.

Minimum requirements. When interpreting and applying the regulations of this Development Code, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

A.

Authority of director to interpret; referral to commission. Whenever the Director determines that the meaning or applicability of any of the requirements of this Code is subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Commission for determination.

B.

Request for interpretation. Any party may file a request for an interpretation or determination of this Code with the Director and shall include with such request the specific provisions in question and any other information necessary to assist the Director in the review.

C.

Record of interpretation/determinations. All interpretations and determinations by the Director and Commission shall be made in writing, and a permanent record of such interpretations and determinations shall be kept.

D.

Appeals. Any interpretation of this Code by the Director or Commission may be appealed in compliance with Chapter 19.144 (Appeals).

A.

Use not listed is not allowed. If a proposed use of land is not specifically listed in Article 2 (Zones, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided below.

B.

Director's determination. Based on the authority granted in 19.040.030 (Procedures for Interpretation), above, the Director may determine that a proposed land use that is not listed in Article 2 (Zones, Allowable Uses, and Development Standards) may be allowed. In making this determination, the Director shall first make all of the following findings:

1.

The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, emissions, or similar impacts than the uses listed in the zone;

2.

The proposed use will meet the purpose/intent of the zone that is applied to the location of the use; and

3.

The proposed use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable Specific Plan or Planned Development Permit.

C.

Applicable standards and permit requirements. When the Director determines that a proposed but unlisted land use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this Code apply.

In case of a conflict between the Development Code text and any diagram, illustration, or image contained in the Code, the text shall control.

A.

General. The City is divided into zones to allow for the orderly, planned development of the City and to implement the General Plan. Table 1-1 identifies all zones. All zones shall be listed and appropriately designated on the official Zoning Map.

B.

Base zone. Every parcel shall have a base zone that establishes the primary type and intensity of land use permitted, along with development regulations for that particular type and intensity of land use.

C.

Overlay zone. An overlay zone supplements the base zone for the purpose of establishing special use or development regulations for a particular area in addition to the provisions of the underlying base zone. In the event of conflict between the base zone regulations and the overlay zone regulations, the provisions of the overlay zone shall apply.

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This Development Code, together with the zoning map, is hereby adopted in conformance with current State planning, zoning, and development laws.

Where a public street or alley is officially vacated or abandoned, the property encompassed by said street or alley shall be included within the zone or zones of the adjoining properties. If the adjoining properties are in different zones, the boundary lines shall be the centerline of the former street or alley and the extension of the side yard lines of the abutting properties. In the event such street, alley, or right-of-way was a boundary between two or more different zones, the new zone or zone boundary shall be the property line that is created by such vacation.

If there is uncertainty about the location of a zone boundary shown on the official Zoning Map, the Director shall determine the location of the boundary in the following manner, except as provided in Section 19.06.030 (Rights-of-way and Vacated Boundary Lines), above:

A.

Where a zone or area boundary approximately follows a lot line, street or alley line, the lot line, street centerline, or alley centerline shall be construed as the zone boundary.

B.

Where a zone or area boundary divides a lot and the boundary line location is not specified by distances indicated on the subject map, the location of the boundary shall be determined by using the scale appearing on the map.

Areas annexed to the City shall come into the City at their existing zone designation. If there is no prior designation or other ambiguities, the City Council shall determine the nearest comparable zone for the area. The zoning map shall then be amended to show the new City limits and zone.