City of Duarte
Royal Oaks Annexation
1-2
Table 1 Existing and Proposed Municipal Services
Municipal Service Existing Service Provider Proposed Service Provider Animal Control County of Los Angeles Department of Animal Care and Control
Duarte Public Safety
Fire & Emergency
Medical
Los Angeles County Fire Department Los Angeles County Fire Department Flood Control Los Angeles County Flood Control District Los Angeles County Flood Control District Library Los Angeles County Library Los Angeles County Library Mosquito and Vector
Control
Sam Gabriel Valley Mosquito and Vector
Control District
San Gabriel Valley Mosquito and Vector
Control District
Park and Recreation Los Angeles County Department of Parks and Recreation
City of Duarte Parks and Recreation
Planning County of Los Angeles Department of Regional
Planning
City of Duarte Planning Division
Police Los Angeles County Sheriff Los Angeles County Sheriff Road Maintenance Los Angeles County Public Works City of Duarte Public Works Solid Waste Ware Disposal Burrtec Waste Services
Street Lighting Los Angeles County Public Works City of Duarte Public Works Water California American Water California American Water Wastewater Los Angeles County Sanitation District Los Angeles County Sanitation District Building Permits Los Angeles County Department of Building & Safety
City of Duarte Community Development
The proposed annexation would allow the Royal Oaks residents to participate in local elections and access local amenities as residents of the City of Duarte.
City of Duarte
Royal Oaks Annexation Responses to Comments
Final Initial Study-Negative Declaration
2 Responses to Comments
This section includes comments received during public circulation of the IS-ND prepared for the Royal Oaks Annexation Project.
The IS-ND was circulated for a 30-day public review period that began on July 27, 2024, and ended on August 26, 2024. The City of Duarte Planning Division received two comment letters on the ISND. The commenters and the page number on which each commenter’s letter appears are listed below.
Letter No. and Commenter Page No.
1 Gabrielino Tongva Indians of California 2-2
2 David Szymkowski 2-5
The comment letters and responses follow. The comment letters are numbered sequentially, and each separate issue raised by the commenter, if more than one, has been assigned a number. The responses to each comment identify first the number of the comment letter, and then the number assigned to each issue (Response 1.1, for example, indicates that the response is for the first issue raised in Comment Letter 1).
2-1
Lauren Reese
From: Mena Abdul Ahad <[email protected]>
Sent: Tuesday, August 6, 2024 11:24 AM
To: John Moreland; Jerry Hittleman; Marissa Ritter; Lauren Reese; Susanne Huerta Cc: Craig Hensley
Subject: [EXT] Fwd: Royal Oaks Annexation
CAUTION: This email originated from outside of Rincon Consultants. Be cautious before clicking on any links, or opening any attachments, until you are confident that the content is safe .
Hi Team!
See the email below. I've already responded letting them know there will be zero ground disturbance.
Please add that we received the email in the staff report.
Thank you,
Mena Abdul-Ahad
Associate Planner l Community Development Department
City of Duarte l 1600 Huntington Drive l Duarte CA 91010 (626) 357-7931 ext. 238
*Closed Every Friday*
---------- Forwarded message ---------
From: Christina Marsden Conley
Date: Tue, Aug 6, 2024 at 10:00 AM
Subject: Royal Oaks Annexation
To: <[email protected]>
Good morning,
We are in receipt of your project. There is concern regarding the site location as it sits within known tribal cultural resources. We would advise a cultural report be performed and mitigation measures adopted before any ground disturbances.
Please keep us notified on the progress and next steps.
Take care,
Christina
tehoovet taamet
C H R I S T I N A C O N L E Y
•Tribal Cultural Resource Administrator Under Tribal Chair, Robert Dorame •UCLA Scholar-in-Residence
•Catalina Tribal Coalition
•California Coalition of State Tribes, Executive Board
https://file.lacounty.gov/SDSInter/lac/1137966 AREPORTONHARMSCountyofLosAngeles.pdf Letter 1
1-1
2-2
__________________________________________________________
G A B R I E L I N O T O N G V A I N D I A N S O F C A L I F O R N I A The Gabrielino Tongva Indians of California tribe is traditionally and culturally recognized in the State of California Bill AJR96 as the aboriginal tribe to encompass the entire Los Angeles Basin area to Laguna Beach, extending to the Channel Islands of Santa Catalina, San Nicholas and San Clemente Islands
This e-mail transmission and any documents, files or previous e-mail messages attached to it, maybe privileged and confidential and is intended only for the use of the intended recipient of this message. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, retention, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by return email or by telephone at the above number and delete the message and its attachments.
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City of Duarte
Royal Oaks Annexation Responses to Comments
Final Initial Study-Negative Declaration
Letter 1
COMMENTER: Gabrielino Tongva Indians of California
DATE: August 6, 2024
Response 1.1
The commenter raises concerns of tribal cultural resources within the project site location and advises a cultural report to be prepared and mitigation measures adopted before any ground disturbances.
As discussed in Section 18, Tribal Cultural Resources, of the IS-ND, the proposed annexation of the project site into the City of Duarte does not include any ground disturbance or construction activities. Therefore, the project would not impact tribal cultural resources. As a result, no cultural report or mitigation measures are necessary for this project. 2-4
Lauren Reese
To: Mena Abdul Ahad; Marissa Ritter; Susanne Huerta; Jerry Hittleman Subject: RE: [EXT] Fwd: Question about 1763 Royal Oaks Drive North annexation From: David Szymkowski
Date: Mon, Aug 19, 2024 at 9:49 AM
Subject: Question about 1763 Royal Oaks Drive North annexation To: <[email protected]>
Dear Ms. Abdul-Ahad,
Thank you for your letter about the public hearing on the possible annexation of 1763 Royal Oaks Drive North into Duarte.
The letter included a map, but the actual borders of the property were not clear. I would like to see the exact property lines of Royal Oaks. For example, that thick blue property line is drawn entirely on top of Woodlyn Lane (including the entry gate into our community) and also crosses into the property of many lots in Bradbury surrounding Royal Oaks. Also, there is a road and gate (Deodar Lane) at the top of the Royal Oaks property that you have included in the annexation map. I understand that is a crude map, but surely these are not really being considered for annexation.
Well before the public hearing, Bradbury and Duarte residents need to see the surveyor's map highlighting exactly what the property lines are, to understand how it affects surrounding roads and properties.
We need this to understand the implications for both our cities and for the residents affected by this proposal.
I am also curious if you have made Bradbury's city council and planning commission aware of the plans, and if they have the actual maps of the proposed annexation. To my knowledge, they haven't mentioned this to our city's residents yet.
Thank you,
David Szymkowski
Letter 2
2-1
2-5
NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). If you are not the intended recipient, you are unauthorized to intercept, review, use or disclose this correspondence. 2-6
City of Duarte
Royal Oaks Annexation Responses to Comments
Final Initial Study-Negative Declaration
Letter 2
COMMENTER: David Szymkowski
DATE: August 19, 2024
Response 2.1
The commenter expresses concern about the property lines on the map provided in the NOI/Public Hearing Notice for the project are unclear and requests a detailed surveyor’s map to clarify the boundaries, such as along Woodlyn Lane and Deodar Lane. The commenter also inquires whether Bradbury’s City Council and Planning Commission have been informed and if they have received accurate maps, noting that Bradbury’s residents have not been updated on the plans.
The City of Duarte sent the commenter two parcel maps on August 19, 2024, that indicate the access easement on Woodlyn Lane and clarify the boundary line along Deodar Lane. Additionally, the City will confirm that Bradbury’s City Council and Planning Commission have received accurate and detailed maps and will ensure that the Bradbury residents are informed about the project and any changes that may affect them.
2-7
City of Duarte
Royal Oaks Annexation Responses to Comments
Final Initial Study-Negative Declaration
This page intentionally left blank.
2-8
References
Initial Study – Negative Declaration 61
References
Bibliography
California Board of Forestry and Fire Protection. 2024. State Responsibility Area Viewer. https://calfireforestry.maps.arcgis.com/apps/webappviewer/index.html?id=468717e399fa4238ad868616 38765ce1. Accessed February 2024.
California Department of Conservation. 2023. California Williamson Act Enrollment Finder. May 2023. https://maps.conservation.ca.gov/dlrp/WilliamsonAct/App/index.html. Accessed February 2024.
______. 2018. The Farmland Mapping and Monitoring Program. https://maps.conservation.ca.gov/dlrp/ciff/app/. Accessed February 2024.
California Department of Fish and Wildlife. 2019. California Natural Community Conservation Plans Map. April 2019. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=68626&inline.
Accessed February 2024.
California Department of Forestry and Fire Protection (CalFire). 2024. Fire Hazard Severity Zones in State Responsibility Area. Effective April 1, 2024. https://osfm.fire.ca.gov/what-wedo/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-zones. Accessed April 2024.
California Department of Transportation. 2019. California State Scenic Highway System Map. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e 8057116f1aacaa. Accessed February 2024.
California Department of Toxic Substances Control. EnviroStor. 2024. https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=Sacramento&tour=True.
Accessed February 2024.
California Geological Survey. 2024. Earthquake Zones of Required Investigation. https://maps.conservation.ca.gov/cgs/EQZApp/app/. Accessed February 2024.
City of Duarte General Plan Land Use Element. 2007.
https://www.accessduarte.com/home/showpublisheddocument/492/63792123314770000
0. Accessed February 2024.
Federal Emergency Management Agency. 2008. National Flood Hazard Layer FIRMette 06037C1675F.
https://msc.fema.gov/arcgis/rest/directories/arcgisjobs/nfhl_print/mscprintb_gpserver/j54 439a10643047bfa0e741c6317c1b77/scratch/FIRMETTE_c5a7a98d-938d-417a-95c3- 54c3870f75e8.pdf. Accessed February 2024.
Los Angeles County Department of Regional Planning. 2024. Planning & Zoning Information for Unincorporated L.A. County.
https://rpgis.isd.lacounty.gov/Html5Viewer/index.html?viewer=GISNET_Public.GISNET_Public. Accessed February 2024.
City of Duarte
Royal Oaks Annexation
62 United States Census Bureau. 2023. QuickFacts Duarte city, California. https://www.census.gov/quickfacts/fact/table/duartecitycalifornia/PST045222 . Accessed February 2024.
United States Fish and Wildlife Service. n.d. National Wetlands Inventory (NWI). https://www.fws.gov/wetlands/data/mapper.html. Accessed February 2024.
USDA Natural Resources Conservation Service. 2024. Web Soil Survey. https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx. Accessed February 2024.
List of Preparers
Rincon Consultants, Inc. prepared this IS-ND under contract to the City of Duarte. Persons involved in data gathering analysis, project management, and quality control are listed below.
Rincon Consultants, Inc.
Susanne Huerta, Director-in-Charge
Lauren Reese, Project Manager
Jordan Parrish, MPP, Environmental Planner
RESOLUTION NO. 24-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUARTE APPROVING GENERAL PLAN AMENDMENT 24-01, AMENDING THE LAND USE ELEMENT (CHAPTER 5) BY ADDING THE INSTITUTIONAL LAND USE DESIGNATION, UPDATING TABLES LU-3 AND LU-4 AND UPDATING THE LAND USE DIAGRAM TO ADD THE PROPERTY AT 1763 ROYAL OAKS NORTH TO THE CITY’S GENERAL PLAN MAP WITH THE INSTITUTIONAL DESIGNATION.
WHEREAS, the City Council has considered the proposed General Plan Amendment 24- 01, an amendment to the Land Use Element of the City’s General Plan by adding the Institutional land use designation, updating Tables LU-3 and LU-4 and updating the Land Use Diagram to add the Institutional designation and adding the property at 1763 Royal Oaks to the City’s General Plan Map with the Institutional land use designation all associated with the annexation of the property into the City of Duarte;
WHEREAS, notice of a public hearing on the proposed General Plan Amendment was given in accordance with applicable law; and
WHEREAS, on September 16, 2024, the Planning Commission held a duly noticed public hearing on the proposed General Plan Amendment, whereupon the Planning Commission received public testimony and recommend approval of the project; WHEREAS, On October 8, 2024, the City Council held a duly noticed public hearing on the proposed General Plan Amendment, received and considered the staff report and all of the information, evidence, and testimony presented in connection with the foregoing; and WHEREAS, an Initial Study and Negative Declaration was prepared for the project in accordance with the California Environmental Quality Act statutes, regulations and guidelines relating to Initial Studies and Negative Declarations and determined that there is no substantial evidence that the project will have a significant effect on the environment; and NOW, THEREFORE, the City Council of the City of Duarte, based on the preceding findings, hereby forwards the General Plan Amendment to the City Council with recommendation of approval of General Plan Amendment 24-01, and resolves as follows:
SECTION 1. RECITALS
All the facts set forth in the Recitals of this Resolution are true and correct and incorporated herein by this reference.
SECTION 2. FINDINGS FOR GENERAL PLAN AMENDMENT
The City Council finds and determines as follows: findings for General Plan Amendment, as set forth in DDC Section 19.142.060.A, as:
1. The amendment is internally consistent with all other provisions of the Duarte General Plan;
The project conforms to the goals and objectives of the General Plan by establishing a designation that will accommodate a range of uses and development. Furthermore, the project meets the goals and objectives of the General Plan, Land Use Goal 1 by maintaining a balanced community consisting of various residential housing types. The land use of Institutional will provide a variety of uses to complement the surrounding developments.
2. The amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
The project will create a new land use designation, which allows for a variety of Institutional uses and development such as adult residential care facilities, which is consistent with the existing use currently on site. The amendment will not be detrimental to the public interest, health, safety convenience, or welfare of the City.
3. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
The proposed amendment will allow for the creation of the Institutional (I) Zone. The existing site is adequate to accommodate the uses allowed in the Institutional zone. The Institutional designation is intended to provide the development and enhancement of residential retirement communities and facilities that could provide on-site medical support and care. This designation will also incorporate standards for cultural institutions, multi-family residential, offices for non-profits, and secondary uses associated with Institutional uses. The site is adjacent to Royal Oaks Drive and regional vehicular access to the site is provided by I-210 and I-605. The existing site is designed to accommodate proper public and emergency personnel and will be adequately served by existing utilities. The amendment will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
SECTION 3. AMENDMENT TO CHAPTER 5 - LAND USE ELEMENT
The City Council finds and determines as follows:
1. Amending Chapter 5, (between Open Space Uses and Specific Plan areas, currently page 17) of the City’s General Plan Land Use Element to include the Institutional designation:
Institutional Land Use: The Institutional designation is intended to provide the development and enhancement of residential retirement communities and facilities that could provide on-site medical support and care. This designation will also incorporate standards for cultural institutions, private schools, museums, churches, and other similar uses.
2. Amending Chapter 5 of the City’s General Plan Land Use Element Table LU-3 (General Plan and Zoning Consistency) to include the Institutional designation:
Table LU-3
General Plan and Zoning Consistency
Land Use Designation Corresponding Zoning Districts Acres Very Low Density Residential R-1F, R-1D, R-1B 120
Low Density Residential R-1A, R-1 645
Medium Density Residential PUD, R-MH, R-2, R-3 89
High Density Residential R-4 52
Administrative Professional C-P 4
Neighborhood Commercial C-1 3
General Commercial C-2 92
Hospital H 78
R&D R&D 15
Industrial M-1 53
Institutional I 19
Public School P-F 80
City Owned Facilities P-F 12
County Owned Facilities P-F 2
Edison, Flood Control, Railroad O 95
Streets and Freeway None 478
Parks O 39
Wilderness Areas O 422
National Forest O 1,909
Planned Communities and Areas Varies 131
Town Center Mixed Use Area SP 75
Duarte Station TOD Area SP 20
City of Hope Area SP 116
Total Acres 4,369
Note: a factor of .0015625 is used to convert acres to square miles. 4,369 acres = 6.8 sq. miles
3. Amending Chapter 5, of the City’s General Plan Land Use Element Table LU-4 (Density, Population Estimates and Intensity Potentials) to include the Institutional designation:
4. 5.
Table LU-4
Density, Population Estimates and Intensity Potentials
LAND USE
DESIGNATION
ANTICIPATED
DEVELOPMENT
ACRES ESTIMAT
ED
DWELLIN
G UNITS
ESTIMATED
POPULATION
ESTIMATED SQ.
FT. NON-RES*
DU/ACRE FAR/ACRE
Residential Land Use Classification
Very Low
Density
2.5 N/A 120 300 990 N/A
Low Density 6 N/A 645 3,870 12,771 N/A
Medium
Density
15 N/A 89 1,335 4,406 N/A
High Density 23 N/A 52 1,196 3,947 N/A
Commercial Land Use Classification
Neighborhood N/A .25:1 3 N/A N/A 32,670
General N/A .5:1 92 N/A N/A 2,003,760
Administrative
Professional
N/A .5:1 4 N/A N/A 87,120
Hospital Use Classification
Hospital N/A 1.5:1 78 N/A N/A 5,096,520
R&D N/A 1.5:1 15 N/A N/A 980,100
Industrial Use Classification
Industrial N/A .5:1 53 N/A N/A 1,154,340
Public/Quasi Public Classification
Public School N/A N/A 80 - - -
City owned
facilities
N/A N/A 12 - - -
County Owned
facilities
N/A N/A 2 - - -
Utility
easements
N/A N/A 95 - - -
Streets,
Freeway
N/A N/A 478 - - -
Open Space Classification
Parks N/A N/A 39 - - -
Wilderness
Area
N/A N/A 422 - - -
National Forest N/A N/A 1,909 - - -
Institutional Classification
Institutional N/A N/A 19 226 746 -
Specific Plan Areas Classification
Planned
community and
areas **
N/A N/A 131 716 2,363 333,561
Town Center
Mixed Use
Area
Varies Varies See Town Center Specific Plan
Duarte Station
TOD Ares
Varies Varies See Duarte Station Specific Plan
City of Hope
Area
Varies Varies See City of Hope Specific Plan
Total 4,369 7,928 26,164 9,953,071
Note: Estimated residential dwelling units use California Department of Finance population of
3.3 persons per household (June 2006). * Estimated sq. ft. non-residential is based on the FAR. ** The Planned Community and Areas designation refers to projects already approved. These are either residential or commercial projects and are not mixed-use developments. As a result, they are counted in the respective residential or commercial land use category.
SECTION 4. AMENDMENT TO THE GENERAL PLAN MAP
The City Council finds and determines as follows:
Amending the City’s General Map to include property boundaries of 1763 Royal Oaks North and associated street area, totaling approximately 18.37 acres, as shown in Exhibit A.
SECTION 5. CEQA DETERMINATION
The City Council has considered the potential environmental effects and, on the basis of the whole record, finds that there is no substantial evidence that the project will have a significant effect on the environment. The foregoing determination, which reflects the independent analysis and independent judgment of the City Council, is based on the information in the record.
PASSED, APPROVED, and ADOPTED this 8th day of October 2024. _________________________________
Vinh Truong
Mayor
APPROVED AS TO FORM:
_______________________________
Thai Viet Phan
City Attorney
ATTEST:
_______________________________
Annette Juarez
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Resolution No. 24-20 was adopted by the City Council of said City of Duarte at a regular meeting of said Council held on the 8th day of October 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annette Juarez
City Clerk
EXHIBIT A
General Plan Amendment 24-01
ORDINANCE NO. 924
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUARTE, CALIFORNIA, ADOPTING MUNICIPAL CODE AMENDMENT 24-01, AMENDING ARTICLE 2 BY ADDING CHAPTER 19.24 INSTITUTIONAL (I) ZONE TO THE DUARTE
DEVELOPMENT CODE
WHEREAS, the City Council has considered the proposed Municipal Code Amendment 24-01, an amendment to Article 2 by adding Chapter 19.24 Institutional (I) Zone to the Duarte Development Code;
WHEREAS, notice of a public hearing on the proposed amendment was given in accordance with applicable law; and
WHEREAS, on October 8, 2024, the City Council held a duly noticed public hearing on the Municipal Code Amendment, whereupon the City Council received additional public testimony; and
WHEREAS, the City Council received and considered the staff report and all of the information, evidence, and testimony presented in connection with the foregoing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUARTE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Recitals above are true and correct and incorporated herein by this reference.
SECTION 2. The City Council and determines that the proposed Code amendment is in the best interests and welfare of the City and its residents.
SECTION 3. The City Council finds and determines that the proposed Code amendment to Article 2 is consistent with the City’s General Plan.
SECTION 4. The City Council recommends that Chapter 19.24 be added to Article 2 of the Duarte Development Code as shown in Exhibit A.
SECTION 5. The City Council finds that the Initial Study and Negative Declaration fully complies with the requirements of CEQA and the CEQA Guidelines relating thereto.
SECTION 6. The City Council has considered the potential environmental effects and, on the basis of the whole record, finds that there is no substantial evidence that the project will have a significant effect on the environment. The foregoing determination, which reflects the independent analysis and independent judgment of the City Council, is based on the information in the record.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance
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and shall cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933(c).
THE FOREGOING ORDINANCE IS PASSED, APPROVED, AND ADOPTED by a vote of no less than a majority of City Council at a regular meeting of the City Council of the City of Duarte held on the 8th day of October 2024.
_______________________________
Vinh Truong, Mayor
APPROVED AS TO FORM:
_______________________________
Thai Viet Phan
City Attorney
ATTEST:
_______________________________
Annette Juarez
City Clerk
159/012225-0101
16475147.1 a10/02/24 -3-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 924 was adopted by the City Council of said City of Duarte at a regular meeting of said Council held on the 8th day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
___________________________________
Annette Juarez
City Clerk
159/012225-0101
16475147.1 a10/02/24 -4-
Exhibit “A”
Chapter 19.24 Institutional Zone (I)
19.24.010 Purpose of Institutional Zone
The purpose of the Institutional (I) zone is to provide for private institutional uses including but not limited to private schools and colleges and associated uses and facilities; community care facilities; residential care facilities for children and the elderly and associated buildings and uses; private hospitals; cemeteries; and places of religious assembly and associated purposes. Except as specifically provided elsewhere in this title, any and every building and premises or land in an I zone shall be used for or occupied and every building moved into or within the I zones exclusively in accordance with a master plan for the ultimate development of the area and only in accordance with Chapter 19.02 of this code, the Duarte general plan, and with the regulations set forth in this chapter.
19.24.020 Land Uses and Permit Requirements
A. Allowed land uses.
1. Table 2-16 indicates the uses allowed within the Institutional zone and any permits required to establish the use, pursuant to Article 7 (Permit Processing Procedures) and Article 8 (Development Code Administration).
2. See Article 9 for land use definitions.
3. Institutional uses represent the primary allowed use, and only those additional uses that are complementary to, and can exist in harmony with, the institutional character of this zone may be allowed as accessory, conditionally permitted, and/or temporary uses. Accessory uses deemed appropriate may only be permitted when provided as a secondary use on property for which a legally permitted/allowed institutional structure exists or is proposed in conjunction with establishment of the accessory use, except as may be otherwise allowed in Article 6 (Nonconformities).
4. Land uses that are not listed in Table 2-16 or are not shown in a particular zone are not allowed (see Uses Not Classified in Section 19.04.040), except as otherwise provided by Section 19.04.020 (Rules of Interpretation).
5. Late-night and 24-hour uses, as defined in Article 9 (Definitions) do not require any particular use regulations in the I zone, except as may be imposed through any required discretionary permit.
Table 2-16 Allowed Uses
and Permit Requirements
Institutional Zone Permit Requirements
P = Permitted By Right
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A = Permitted as Accessory Use
MUP = Minor Use Permit
CUP = Conditional Use Permit
— = Not Allowed
Land Use I Specific Use Regulations
General Uses
Residential Care Facility
(Seniors) CUP
Adult Residential Care
Facilities
CUP
Cultural Institutions CUP
Assembly/Meeting
Facilities
A
Studio — Art, Dance,
Martial Arts, Music
A
Arboretums or botanical
gardens
CUP
Cemeteries CUP
Places of Religious
Assembly
CUP
Emergency shelter,
supportive housing, and
transitional housing
CUP
Educational facilities for
primary, junior, high school
and collegiate level students
CUP
Student group quarters,
student dormitories and
apartments, and other
student housing facilities
when associated with a
school
CUP
Retail or Personal Service
(General) under 1,000 sf.
A
Retail or Personal Service
(General) over 1,000 sf.
CUP
Accessory Structures and
Uses
A See 19.60.020
(Accessory Uses)
On-site offices
Storage
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Unattended Guard Stations
Dog runs
Supporting Utility Facilities
(e.g. HVAC)
Alcohol Sales (on-sale),
Accessory Only
CUP See 19.60.030 (Alcohol Beverage
Sales Business)
Temporary Uses See Chapter 19.124 (Temporary Use Permits) Utilities CUP
B. Master Plan in Lieu of a Conditional Use Permit. The Community Development Director may allow a Master Plan in lieu of a conditional use permit on development pieces where a Master Plan provides improved site development.
This may be to allow a better approach to: phased buildout, a mix of uses and similar factors. A Master Plan in the Institutional zone shall be processed in the same manner as a conditional use permit.
19.24.030 Development Standards
New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the minimum requirements in Table 2-17, unless a Master Plan or Specific Plan has been approved, and the development standards in Article 3 (Regulations Applicable to All Zones). Standards for accessory structures are set forth in Chapter 19.34 (Accessory Structures).
TABLE 2-17
DEVELOPMENT STANDARDS FOR INSTITUTIONAL ZONE
Development Feature
(minimum unless
otherwise indicated)
I Additional
Requirements
Lot Dimensions
Lot Area - minimum 1 acre
Lot Width - minimum 125 ft
Lot Depth 200 ft
Height – maximum 75 ft
Any structure over 35 ft
requires a 50 ft front, side,
and rear setback.
See 19.32.040 for
measurement and
exceptions.
Setback (minimum)
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Front or adjacent to a street 20 ft
Side (interior, each)
Abutting nonresidential 5 ft
Abutting residential 15 ft
Side (street side) 10 ft
Rear
Abutting alley 15 ft
Abutting nonresidential 15 ft
Abutting residential 15 ft
19.24.040 - Accessory structures.
Accessory structures are permitted subject to the development standards set forth in Chapter
19.34 (Accessory Structures) of this Code.
19.24.050 Fence and Walls
A. Maximum height. The maximum allowed wall/fence height in the Institutional zone shall be 8 feet.
B. Buffer wall required. Where a lot line of an Institutional zone abuts a property zoned for residential use, a minimum six-foot-high wall shall be required, except for any portion in a required yard abutting a street. Architectural and other treatment of the wall is required pursuant to Chapter 19.44 (Architectural and Design Standards).
C. Fence/wall plan approval required. Any proposal for fences or walls must be approved by the Community Development Director or designee.
D. Compliance with Chapter 19.36. Unless in conflict with this subchapter, all other portions of Chapter 19.36 (Fences, Walls, and Hedges) apply.
19.24.060 Signage
Signage development standards for the Institutional zone shall reference subchapter
19.42.150. All other applicable sections of Chapter 19.42 (Signs) shall also apply.
19.24.070 Additions to Existing Facilities.
Minor additions to existing permitted buildings shall not be subject to a conditional use permit of master plan process, as listed in Section 19.24.020, unless specifically required in the approval of the building or development. For the purposes of this section, minor additions are defined as tenant improvements, changes of use, new buildings of 1,000 square feet or less, or additions of up to 1,000 square feet or 5% of the existing building area on the property, whichever is greater.
19.24.080 Other applicable regulations.
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In addition to the requirements contained in this Chapter 19.24 (Institutional Zone), regulations contained in the following Chapters may apply to development in the I zone.
Chapter 19.32, Site Planning and General Development Standards.
Chapter 19.34, Accessory Structures.
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.
ORDINANCE NO. 925
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUARTE, CALIFORNIA, ADOPTING ZONE CHANGE 24-01 REZONING THE
PROPERTY AT 1763 ROYAL OAKS DRIVE NORTH TO THE
INSTITUTIONAL ZONING DESIGNATION AND MODIFY CHAPTER
19.06 OF THE DUARTE DEVELOPMENT CODE INCLUDING TABLE 1- 1 AND THE CITY OF DUARTE ZONING MAP TO INDICATE THE
CHANGE
WHEREAS, Chapter 19.142.020 of the Duarte Development Code addresses the Zone Change process and Zone Change (ZC 24-01) will amend the Chapter 19.06 and the Zoning Map as set forth in Exhibit A, to change the zoning designation of the property at 1763 Royal Oaks Map to an Institutional designation; and
WHEREAS, the City Council has considered the proposed Annexation, General Plan Amendment, Municipal Code Amendment and Negative Declaration for the property at 1763 Royal Oaks Drive North; and
WHEREAS, the City Council, in connection with the implementing actions necessary for the annexation of the property at 1763 Royal Oaks Drive North, has considered proposed Zone Change 24-01 to rezone the property to Institutional and to amend the City of Duarte Zoning Map; and
WHEREAS, an Initial Study and Negative Declaration was prepared for the project in accordance with Initial Study and Negative Declaration and determined that there is no substantial evidence that the project will have a significant effect on the environment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUARTE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Recitals above are true and correct and incorporated herein by this reference.
SECTION 2. The Zoning Map is amended as provided in Attached Exhibit A.
SECTION 3. Table 1-1 of Chapter 19.06 of the Duarte Development Code is amended as follows to add Institutional Zone as a Special Purpose Zone:
Table 1-1
ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN
Zoning
Map
Symbol Zone Description
Corresponding General Plan
Land Use Designation
Residential Zones:
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R-1B
R-1D
R-1E
R-1F
Single Family Residential (10,000
sf)
Single Family Residential (20,000
sf)
Hillside
Single Family Residential (20,000
sf)
Non-Hillside
Single Family Residential (80,000
sf)
Very Low Density
R-1
R-1 A
Single Family Residential (6,500 sf)
Single Family Residential (7,500 sf) Low Density
R-2
R-3
R-MH
Two-Family Residential
Multiple-Family Medium Density
Residential
Mobile Home Residential
Medium Density
R-4 Multiple-Family High Density
Residential High Density
Commercial Zones:
C-G Commercial – General Neighborhood
Commercial;
General Commercial
C-F Commercial – Freeway General Commercial
C-P Commercial – Professional Administrative Professional; R&D
H Hospital Hospital
Industrial Zones:
M Light Manufacturing Industrial
Special Purpose Zones:
I Institutional Institutional
P-F Public Facilities Zone School; Public/Quasi Public; Utility
O Open Space Open Space; Parks; Wilderness/Forests
SP Specific Plan All; City Center; Gold Line
Station
SECTION 4. Based upon substantial evidence presented to the City Council during the public hearing, including written staff reports and verbal testimony, the City Council hereby finds and determines:
1. The proposed Zone Change to Institutional (I) is intended to encourage the highest and best use for the subject property and be in the best interests and welfare of the City and its residents.
2. The proposed Zone Change is internally consistent with all other provisions of the General Plan. The Land Use Element of the General Plan promotes several goals that
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support this zone change such as Land Use Element Goal 2 that seeks compatible and harmonious land use by providing a mix of uses consistent with projected future social, environmental and economic conditions. Land Use Element Goal 3 provides policy direction to provide unique areas to better serve the needs of Duarte residents and businesses.
3. The proposed Zone Change will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The purpose of the proposed Zone Change is relates to the Annexation of a property that contains the Royal Oaks senior living facility that provides life care living opportunities to senior citizens. The facility operates compatibly with the intent of the Institutional zone and will be a beneficial addition to the residential fabric of the City of Duarte.
4. The proposed Zone Change is internally consistent with other applicable provisions of this Development Code.
5. The affected properties are physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. The City studied the physical suitability of the property and adjacent environs as part of the annexation process.
SECTION 5. The City Council has considered the potential environmental effects and, on the basis of the whole record, finds that there is no substantial evidence that the project will have a significant effect on the environment. The foregoing determination, which reflects the independent analysis and independent judgment of the City Council is based on the information in the record.
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933(c).
THE FOREGOING ORDINANCE IS PASSED, APPROVED, AND ADOPTED by a vote of no less than a majority of City Council at a regular meeting of the City Council of the City of Duarte held on the 8th day of October 2024.
_______________________________
Vinh Truong, Mayor
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APPROVED AS TO FORM:
_______________________________
Thai Viet Phan
City Attorney
ATTEST:
_______________________________
Annette Juarez
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 925 was adopted by the City Council of said City of Duarte at a regular meeting of said Council held on the 8th day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
___________________________________
Annette Juarez
City Clerk
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EXHIBIT A
Zone Change 24-01
ORDINANCE NO. 926
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUARTE,
CALIFORNIA, AMENDING SECTIONS OF DUARTE MUNICIPAL CODE
CHAPTERS 5.04, 5.08, 5.12, 5.16, 5.24, and 5.60 REGARDING LICENSE
AND PERMIT FEES
WHEREAS, the City of Duarte currently includes business license fees within Title 5, Business Licenses and Regulations, of the Duarte Municipal Code; and WHEREAS, pursuant to Section 5.04.215 of the Duarte Municipal Code, the license fees contained in Chapter 5.08 of Title 5 of the Duarte Municipal Code are subject to an annual cost of living adjustment; and
WHEREAS, based on the application of the annual cost of living adjustment, the license fee amounts specified within the Duarte Municipal Code are outdated and cause confusion for members of the Duarte business community; and
WHEREAS, for convenience of the public, it is desirable to remove the specific license fee amounts from the Duarte Municipal Code and include the license fee amounts in an annual resolution of the City Council, which will confirm the license fee amounts for each year; and WHEREAS, confirming the license fee amounts in an annual resolution of the City Council does not change the license fee amounts that would be calculated and applicable if the specific license fee amounts were to remain in the Duarte Municipal Code; and WHEREAS, the license fees amount shall be removed from the Duarte Municipal Code and placed into a resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUARTE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Recitals above are true and correct and incorporated herein by this reference.
SECTION 2. Certain sections of Duarte Municipal Code Chapters 5.04, 5.08, 5.12, 5.16,
5.24, and 5.60 are amended as demonstrated in Exhibit A. Sections not referenced in Exhibit A remain unchanged.
SECTION 3. The City Council finds and determines that this ordinance is exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no possibility the adoption of this Ordinance will have a significant effect on the environment. In addition, the repeal is exempt under CEQA Guidelines section 15321, relating to the enforcement of a law.
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SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933(c).
THE FOREGOING ORDINANCE IS PASSED, APPROVED, AND ADOPTED by a vote of no less than a majority of City Council at a regular meeting of the City Council of the City of Duarte held on the ___ day of ______ 2024.
_______________________________
Vinh Truong
Mayor
APPROVED AS TO FORM:
_______________________________
Thai Viet Phan
City Attorney
ATTEST:
_______________________________
Annette Juarez
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 926 was adopted by the City Council of said City of Duarte at a regular meeting of said Council held on the _____ day of ________________________ 2024, by the following vote:
AYES:
NOES:
ABSENT:
___________________________________
Annette Juarez
City Clerk
RESOLUTION NO. 24-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUARTE,
CALIFORNIA, CONFIRMING CERTAIN BUSINESS LICENSE FEES
WHEREAS, the City of Duarte currently includes business license fees within Title 5, Business Licenses and Regulations, of the Duarte Municipal Code; and WHEREAS, pursuant to Section 5.04.215 of the Duarte Municipal Code, the license fees contained in Chapter 5.08 of Title 5 of the Duarte Municipal Code are subject to an annual cost of living adjustment; and
WHEREAS, based on the application of the annual cost of living adjustment, the license fee amounts specified within the Duarte Municipal Code are outdated and cause confusion for members of the Duarte business community; and
WHEREAS, for convenience of the public, it is desirable to remove the specific license fee amounts from the Duarte Municipal Code and include the license fee amounts in an annual resolution of the City Council, which will confirm the license fee amounts for each year; and WHEREAS, confirming the license fee amounts in an annual resolution of the City Council does not change the license fee amounts that would be calculated and applicable if the specific license fee amounts were to remain in the Duarte Municipal Code; and WHEREAS, the license fee amounts in this Resolution are a continuation of those fees already in existence and nothing in this Resolution enacts new fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUARTE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds and declares that the recitals set forth above and true and correct and are incorporated fully herein.
SECTION 2. The City Council hereby confirms as accurate the license fee amounts in the License Fee Schedule 2024/25 attached hereto as Exhibit A and incorporated herein by this reference.
SECTION 3. The confirmation of the license fee amounts is a continuation of the fees existing at the time the Duarte Municipal Code included those fees, and this Resolution does not enact any new fees.
SECTION 4. This Resolution supersedes all prior resolutions concerning the same fees specified in Exhibit A. All other fee resolutions in effect shall remain in force.
SECTION 5. The City Council finds that the adoption of this Resolution does not constitute a project for purposes of the California Environmental Quality Act.
-2-
SECTION 6. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution.
SECTION 7. This Resolution shall take effect on 30 days after the second reading and adoption of Ordinance No. 926 Amending Sections of Duarte Municipal Code Chapters 5.04, 5.08,
5.12, 5.16, 5.24, and 5.60 Regarding License and Permit Fees.
PASSED, APPROVED and ADOPTED this 8th day of October, 2024.
______________________________
Vinh Truong
Mayor
ATTEST:
_______________________________
City Clerk/City Manager
APPROVED AS TO FORM:
_______________________________
Thai Viet Phan
City Attorney
-3-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Resolution No. 24-22 was adopted by the City Council of said City of Duarte at a regular meeting of said Council held on the 8th day of October 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
________________________
City Clerk
Exhibit A
Business License Fees
DMC Annual Fee Application
Fee
5.08.140 Classification A- Manufacturing & Wholesaling 132.00 35.00 Plus $10 per EE
5.08.150 Classification B- Professional Services 132.00 35.00 Plus $10 per EE
5.08.160 Classification C- Retail Businesses 132.00 35.00 Plus $10 per EE
5.08.170 Classification D- Building Trades 306.00 35.00 3 Month- $76.50, 6 Months- $153, 9 Months- $229.50
5.08.180 Poolhalls 175.00 35.00 Plus $47 Per Table
5.08.190 Bowling Alleys 175.00 35.00 Plus $37 Per Lane
5.08.200 Skating Rinks and Shooting Galleries 362.00 35.00
5.08.210 Circuses, Tent Shows and Carnivals 1,065.00 35.00 First Day; $337 Each Add'l Day
5.08.211 Swap Meets 716.00 35.00 Plus $14,180 in lieu of license tax on individual vendors
5.08.220 Coin-Operated Machines 35.00
A. Vending Machines 35.00 Based on Gross Receipts
B. Amusement Machines 132.00 35.00 Per Machine
C. Arcade 10+ Machines 383.00 35.00
D. Dispensing Service 132.00 35.00 For 1st 30 Machines Plus $1 Per Machine over 30
5.08.230 Rentals 175.00 35.00 Includes first 4 Units; $37 Add'l Unit
5.08.240 Utilizing/Delivery Vehicles 170.00 35.00
5.08.280 Mobile Sales of Commodities 236.00 35.00
5.08.310 Salvage Trucks 542.00 35.00
5.08.320 Taxis 95.00 35.00 Per Vehicle
5.08.330 Outdoor Advertising 768.00 35.00 Plus $.88 sq ft Ad Space
5.32.070 Distribution of Advertising Material 75.00 35.00 $75 plus $10 per badge
5.82.040 Amusement and Entertainment
Application Fee 500.00
Permit- Burlesque 3,700.00
Permit- Other 500.00
5.12.060 Auctioneer License 500.00 35.00
9.13.040 Bingo Permit 190.00 35.00 Renewal fee is $100
5.36.040 Business on Vacant Lot 750.00 35.00
5.28.030 Close out sale permit 230.00 35.00
9.08.030 (f)
9.08.060 (d) Fortune Telling Permit 1,600.00 35.00
5.08.010 Massage Parlor 856.00 35.00 Renewal fee is $321
5.56.140 Massage Technicians 216.00 35.00 Renewal fee is $135
5.40.030 Filming Permit 1,300.00 - Per Day
5.76.080 Public Dance 250.00 35.00
5.09.100 Tobacco Retailer License Fee 125.00 35.00
5.12.020 Auctions and Sales by Public Outcry 1,880.00 35.00
5.16.080 Solicitors and Peddlers 287.00 35.00 Per Day
5.24.040 Secondhand Dealers, Pawnbrokers and Junk Dealers 1,419.00 35.00