Vista Municipal Code § 18.04 General Requirements

Section 18.04.010 Application for Zone Changes - Commission Authority

The Planning Commission shall prescribe the form in which applications shall be made

for changes in zone boundaries or classifications, or for variance or special use permits. It may prepare and provide blanks for such purpose and may prescribe the type of information to be submitted in the application by the applicant. No application shall be accepted unless it complies with such requirements. Prior Code Appendix A 2401)

Section 18.04.020 Application Signatures - Evidence of Notice

If signatures of persons other than the owners of property making the application are

required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, and/or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the Planning Commission or the City Council. Prior Code Appendix A 2403)

Section 18.04.030 Filing Fees Filing fees for a reclassification or amendment as provided for in this title, shall be set by resolution by the City Council for the purpose of defraying the expense of investigation, postage, posting, advertising and other costs incidental to the proceedings prescribed herein. Prior Code A 2404)

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Section 18.04.040 Waiver of Fees Upon the written request of an applicant, when the City Council finds that the necessity for a variance is the result of the dedication or granting, without receipt of substantial monetary consideration, of a portion of the property for public purposes the Council may waive the fee for filing the application for variance. Prior Code Appendix A 2406)

Section 18.04.050 Public Hearings - Setting of Date

A. All applications for amendment to zone boundaries or classification of property

uses within such zones as are defined by this title, or applications for variances or special use permits as provided in this title, shall be set by the Director of Planning for public hearing when such hearings are to be held before the Planning Commission and by the City Clerk for hearings to be held by the City Council. B. The date of the first of the hearings shall be not less than ten days or more than 50 days from the time of the filing of the application or the adoption of the order upon which such hearing is predicated. Prior Code Appendix A 2407)

Section 18.04.060 Public Hearings - Notice Requirements

Notice of the time and place of public hearings shall be given at least ten calendar days before the public hearing as provided in this section. Such notice shall include a general description of the matter to be considered and a general description of the area affected. A. Notice of any public hearing to consider any proposed amendment to this title or the General Plan shall be published at least once in a newspaper of general circulation, published and circulated in the city; and in addition thereto, notice of any public hearing upon such an amendment which includes a change in the zoning map or General Plan and any change in zoning classification or General Plan designation, shall be mailed or delivered to all persons, including businesses, corporations or other public or private entities shown in the last equalized assessment roll as owning real property within 500 feet of the exterior boundaries of the property which is the subject of the proposed hearing at their addresses as shown on the last equalized assessment roll, and by posting such notice in one conspicuous place either on the property which is the subject of such hearing, or in the public street adjacent to such property and not more than 50 feet away from the exterior boundaries of such property. B. For purposes of this section, a City project consists of any project or structure to be built, constructed, erected, or installed by or on behalf of the City or the Buena Sanitation District located on real property that is owned, leased or controlled by the City or the Buena Sanitation District where: ( 1) the project or structure will be exclusively or primarily used by the City or the Buena Sanitation District; or (2) the project or structure will be partly used by the City or Buena Sanitation District, with such other usage as the City Council finds will further the public, welfare, or fiscal interests of the City of Vista or the Buena Sanitation District. Land or buildings shall be deemed owned, leased or controlled by the City or Buena Sanitation District, although the land is owned, leased, or controlled by a joint facilities financing authority or similar entity acting on behalf of the City or the Buena Sanitation District. C. Except to the extent that state or national standards may require otherwise, all City projects shall be constructed in accordance with the development standards set forth in the Vista Development Code or in the case of signs on City property as defined in section 18.52.020, in accordance with Chapter 12.20. The City Council shall be permitted to approve a height limit for a City project in excess of 35 feet at such time as it approves the City project

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pursuant to this Section. D. In addition to any other notice provided for herein, the City shall give notice by first class mail of public hearings to be conducted by the Planning Commission or City Council to any person who has filed a written request therefore with the City. Such request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The City shall impose by resolution a reasonable fee to be paid in advance to recover the cost of such mailing on persons requesting such notice. Such notice shall also be mailed to those persons or agencies required to be noticed by Section 65091(1) and ( 2) of the Government Code. F. Prior to submission of a City project ( other than a park project) involving new construction exceeding 10,000 square feet or a building expansion exceeding 10,000 square feet, the Planning Commission shall review and provide comments on the project for consideration by the City Council. Prior Code Appendix A 2408; Ord. No. 92-15, Amended, 09/08/92; Ord. No. 96-23, Amended, 12/10/96; Ord. No. 2010- 16, Amended, 9/28/10; Ord. No. 2011- 3, Amended 5/24/11)

Section 18.04.070 Required Wording and Size of Notices

A. Public notices of hearings on zone reclassifications, permits, amendments or

variances shall consist of the words “ Notices of Proposed Change of Zone Boundaries of Classification” or “ Notice of Proposed Amendment to the City Zoning Ordinance” or “ Notice of Proposed Variance” or “ Notice of Proposed Special Use Permit”, or similar language, as the case may be, setting forth the location of the property under consideration, the nature of the proposed change or permit, and the time, date and place at which the public hearing or hearings on the matter will be held and the hearing body or hearing office. B. Notices posted on notice or bulletin boards shall be the appropriate size for the notice or bulletin board. Notices posted independently on the ground shall be of a size that is readily visible from the public way or adjacent property as determined by the City Planner. C. The cost of any posting or mailing or other noticing shall be included in the project application fee. Prior Code Appendix A 2409; Ord. No. 96-23, Amended, 12/10/96)

Section 18.04.080 Combined Proceedings

Where application is made for a change of classification or change of boundaries or for a

variance or for a special use permit, the Director of Planning or the Planning Commission shall have the discretion to include in the notice of hearing on such application notice that the Planning Commission will consider classification of other than that for which application is made and/or additional properties and/or uses. Prior Code Appendix A 2410)

Section 18.04.090 Investigation of Facts

The Planning Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon an application set for hearing, including an analysis of precedent cases as will serve to provide all necessary information to assure action on each case consistent with the purpose of this title and with previous amendments or variances. Prior Code Appendix A 2411)

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Section 18.04.100 Conduct of Hearings - Rules Established The Planning Commission may establish its own rules for the conduct of public hearings. The person acting as Chairman of the Planning Commission is empowered to administer oaths to any person testifying at a hearing before the Planning Commission. Prior Code Appendix A 2412)

Section 18.04.110 Conduct of Hearings - Administering Authority

Public hearings before the Planning Commission shall be conducted before the Planning

Commission or before any member or members thereof designated by the Commission so to serve. The member of the Commission presiding at a hearing is empowered to administer oaths to any person testifying at such hearing. Prior Code Appendix A 2413)

Section 18.04.120 Filing of Recommendation - Action by Commission

The member of the Commission presiding at a public hearing held pursuant to Section

18.04.110 shall, within ten days after such hearing, file his recommendation to the Commission, and at the following meeting of the Commission such recommendation shall be approved, modified or disapproved in which case the action of the Planning Commission shall be final as to action of the Commission. Prior Code Appendix A 2414)

Section 18.04.130 Continuation of Hearing

If, for any reason, testimony on any matter set for public hearing cannot be completed on

the day set for such hearing, the commissioner presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, such hearing will be continued and no further notice shall be required. Prior Code Appendix A 2415)

Section 18.04.140 Withdrawal of Application - Refund of Fees

A. At any time prior to final action on any application filed pursuant to this title, the

applicant by written request filed with the Planning Department or with the City Council, if action by the Planning Department has been completed thereon, may withdraw the application and terminate further consideration thereof. B. Where such written request has been filed and the application withdrawn, any unused fees paid for the filing of such application shall be refunded based on calculating staff’s time spent reviewing such project application and, upon applicant’ s request, materials returned. Unused fees do not include those that remain due to the City for processing of the application. Prior Code Appendix A 2416, Ord. No. 2024-03, Amended 03/26/24)

Section 18.04.142 Withdrawal of Deemed Inactive Application

A. Any application filed pursuant to this title shall be deemed inactive and may be withdrawn when the applicant has not adequately responded within twelve ( 12) months to submittal items required by staff for processing, as provided in an incomplete letter. The Director may grant thirty ( 30) day extensions to that period if the applicant requests an extension in writing prior to the expiration date. Upon expiration of the twelve ( 12) months and any applicable

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extensions, and prior to the application being deemed withdrawn, the Director shall send a letter notifying the applicant of the withdrawal determination. Such determinations are subject to appeal to the Zoning Administrator pursuant to the procedures of Development Code section 18.04.150.C. B. After passage of the appeals period, any unused fees paid for the filing of such application shall be refunded and, upon applicant’ s request, materials returned. Unused fees do not include those that remain due to the City for processing of the application. Deemed inactive applications that are withdrawn are actions without prejudice, thereby enabling a re- application for a project of the same, or similar nature by any applicant. The re-application shall be subject to all current City fees and codes in effect at the time of re-application. Ord. No. 2024- 03, Added 03/26/24)

Section 18.04.150 Appeals

A. All appeals from the decisions of the City Planner, Zoning Administrator, Planning Commission or other City Planning approval body shall be processed according to this section. B. There is a two-step appeal process as follows: 1. The decision of the City Planner, Zoning Administrator or other Planning approval body, may be appealed only to the Planning Commission. 2. All decisions of the Planning Commission are appealable to the City Council. 3. As an exception to 1 and 2 above, all appeals where the subject is the imposition, modification or waiver of a fee shall be heard exclusively by the City Council. C. The requirements for filing an appeal are as follows: 1. All appeals, including appeals of the Planning Commission, must be filed with the City Planner or his designated representative, by the close of business on the tenth calendar day following the date of decision on the project by the approval body. If the tenth day following the decision is not a business day for the City, the appeal may be filed the next subsequent business day. The appeal of a decision on a tentative parcel or subdivision map must be filed on or before the close of business on the tenth calendar day following the date of decision. 2. All appeals shall consist of the following: a. A letter setting forth the reason for the appeal by a person authorized to file an appeal as determined by the regulations governing the type of project. b. The appeal fee as set by City Council Resolution. The filing must be complete by the deadline set in Subsection C.l or the last decision is final and effective. 3. If no appeal is filed, the effective date of any decision is the close of business on the last day to file an appeal. 4. If the regulations for any specific type of permit or project do not designate who is eligible to appeal the decision, the following individuals may file any appeal: a. Any member of the City Council ( fee is waived). b. Any member of the Planning Commission except from a decision of the Planning Commission ( fee is waived). c. The project applicant. d. Any person who spoke in opposition at the hearing on the project or who indicated opposition to the project in writing prior to the hearing or at the hearing for the project. If there is no hearing, written opposition must be received by the City prior to the date of final approval on the project in order to be eligible to officially file an appeal. e. The property owner or resident.

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D. The dates for hearing on appeal are: The date of the hearing on any appeal shall be as set forth herein. 1. For a Tentative Parcel Map or Tentative Subdivision Map: within 30 days of the date the complete appeal is filed. 2. For all other appeals: within 50 days of the date the complete appeal is filed. E. The appellate body must make a decision on the appeal within ten days of the date of the closing of the public hearing on the appeal. F. Consideration of an appeal shall be at a noticed public hearing by the body hearing the appeal. Notice of the appeal shall be given in the same manner as the original project notice. If no notice was given for the original project, notice shall be given by advertisement in a newspaper of general circulation at least ten days prior to the date of the hearing. G. The decision of the Planning Commission is final unless the matter is appealed to the City Council. The decision of the City Council is final. Ord. No. 91-18, Enacted, 07/09/91; Ord. No. 93-22, Amended, 9/28/93)

Section 18.04.160 City Projects

A. The procedures set forth in this section shall be used to review and approve all city projects. B. For purposes of this section, a City project consists of any project or structure to be built, constructed, erected, or installed by or on behalf of the City or the Buena Sanitation District located on real property that is owned, leased or controlled by the City or the Buena Sanitation District where: ( 1) the project or structure will be exclusively or primarily used by the City or the Buena Sanitation District; or (2) the project or structure will be partly used by the City or Buena Sanitation District, with such other usage as the City Council finds will further the public, welfare, or fiscal interests of the City of Vista or the Buena Sanitation District. Land or buildings shall be deemed owned, leased or controlled by the City or Buena Sanitation District, although the land is owned, leased, or controlled by a joint facilities financing authority or similar entity acting on behalf of the City or the Buena Sanitation District. C. Except to the extent that state or national standards may require otherwise, all City projects shall be constructed in accordance with the development standards set forth in the Vista Development Code or in the case of signs on City property as defined in Section 18.52.020, in accordance with Chapter 12.20. The City Council shall be permitted to approve a height limit for a City project in excess of 35 feet at such time as it approves the City project pursuant to this section. D. The City Council shall approve any City project which consists of the construction of any public building with a floor area exceeding 10,000 square feet, the expansion of an existing public building by more than 10,000 square feet, the creation of any public park, or a substantial improvement to an existing park. The City Manager shall determine when a park improvement is substantial in nature. Other City projects shall, as applicable, be approved by the Zoning Administrator, Building Official, City Engineer or other authorized City official or body as provided in the Municipal and Development Code. This section does not alter the method for approval of contracts involving the design, construction or any other feature of a City project, which shall be approved solely in accordance with Vista Municipal Code, Chapter 3.08. E. Prior to submission of a City project to the City Council which involves a public park, the Parks and Recreation Commission shall review and provide comments on the project for consideration by the City Council. F. Prior to submission of a City project ( other than a park project) involving new construction exceeding 10,000 square feet or a building expansion exceeding 10,000 square

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feet, the Planning Commission shall review and provide comments on the project for consideration by the City Council. G. This section provides the sole means for the review and approval of City projects. To the extent that any other provision of the Municipal Code or Development Code conflicts with this section, the provisions of this section shall take precedence. The procedures of Government Code Section 65402 shall not be used for the review of any City project or other City activity, except to the extent that those procedures are applicable to a charter city. Ord. No. 2007-17, Added, 9/11/07; Ord. No. 2011-3, Amended 5/24/11)

Section 18.04.170 Certificates of Occupancy

A. Except as provided below, no new occupancy or change in use of a structure, improvement or portion thereof shall be made until the building official has issued a certificate of occupancy approving that occupancy or use. A certificate of occupancy is not required for: 1. Existing or new detached one and two family dwellings or townhouses as defined in the California Residential Code, and their accessory structures; or 2. A new use pursuant to Title 18 of the Vista Development Code which commences operation without engaging in work or undertaking activities for which a permit or similar authorization is required under the Vista Development Code, California Building Code, or similar code. B. For purposes of this Section, the term “ new occupancy or change in use” means any new, changed, modified, or altered occupancy or use of all or part of a building, structure or parcel which will: 1. Produce an occupancy or use of a formerly vacant portion of a building, structure or parcel; or 2. Alter an existing use of all or part of a building, structure or parcel to change the applicable zoning classifications for that building, structure or parcel based on the land use categories contained in Title 18 of the Vista Development Code or specific plans adopted thereunder. C. It shall be the responsibility of the owner or occupant whose action will or has necessitated issuance of a certificate of occupancy to apply for and obtain such certificate before establishing or operating a new occupancy or change in use. It shall be unlawful to establish a new occupancy or change in use without first obtaining a certificate of occupancy, and thereafter maintaining the certificate of occupancy in good standing during all periods that such occupancy or use occurs. D. The City Planner or the City Planner’ s designee ( hereinafter the “permitting official”) will process applications for certificates of occupancy using an approved form upon payment of an application fee in such amount as may be set by resolution of the City Council or as may be otherwise allowed by law. E. Before the permitting official issues a certificate of occupancy for a new occupancy or change in use pursuant to this Section, the permitting official shall determine that the new occupancy or changed in use would constitute a lawful use under Title 18 of the Vista Development Code and specific plans adopted thereunder. If the permitting official determines that a new occupancy or change in use would violate Title 18 of the Vista Development Code or specific plans adopted thereunder, the permitting official will deny issuance of the certificate of occupancy for that new occupancy or change in use. When issued, the certificate of occupancy shall, at minimum, include the following information: 1. The address of the location covered by certificate of occupancy; 2. The name and address of the permit holder; 3. A description of that areas covered by the certificate; 4. The signature of the permitting official;

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5. The nature of the occupancy or use approved; and
6. Any limitations or conditions that apply to the approved occupancy or use.
F. If the permitting official finds that a location subject to an application for a

certificate of occupancy can be occupied safely, and that no substantial hazard will result from such occupancy before all work is completed, a temporary certificate of occupancy may be issued. A certificate of occupancy is required upon completion of the remainder of the work. The permitting official shall set a time period during which the temporary certificate of occupancy is valid. G. To streamline the application and issuance of certificates of occupancy pursuant to this Section which involve buildings or structures in whole or part, the City Planner may elect to use a single application for the certificates of occupancy required pursuant to Chapter 16.08 of the Vista Development Code and this Section, and have a single certificate of occupancy issued to evidence compliance with Chapter 16.08 of the Vista Development Code and this Section. In the event that such an election is made, the building official shall serve as the permitting official for such applications and shall issue a single certificate of occupancy to evidence compliance with Chapter 16.08 and this Section. H. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official. I. The permitting official may suspend or revoke a certificate of occupancy if the certificate was issued in error, or on the basis of incorrect information, or if the permitting official determines that location, building, or structure subject to the certificate violate of any ordinance, regulation, or provision of Title 18 of the Vista Development Code. J. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of any of the provisions of the Vista Development Code, the Vista Municipal Code or any other local, state or federal law or regulation. Ord. No. 2017-14, Added 10/10/17)

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Chapter 18. 06

Establishment of Zones

Sections:

18. 6. 010 Purpose and Use Classifications
19. 6. 020 Zones Established by Map - Amendments
20. 6. 030 Division of Zoning Map
21. 6. 040 Boundary Changes
22. 6. 050 Boundary Determination Guidelines
23. 6. 060 Land Use Symbols on Zoning Map
24. 6. 070 Unclassified Property
25. 6. 080 Prezoning Unincorporated Properties
26. 6. 090 Classification of Annexed or Incorporated Properties
27. 6. 100 Land Use Conformity Required
28. 6. 105 Permissive Code
29. 6. 107 Unauthorized Cannabis Uses Prohibited Throughout City
30. 6. 108 Marijuana- Related Uses and Medical Marijuana Land Uses or Businesses Prohibited in Specific Plan Areas ( Repealed 12/ 11/ 18)
31. 6. 109 Public Nuisance ( Repealed 12/ 11/ 18)
32. 6. 110 Height Conformity Required
33. 6. 120 Open Space Conformity Required
34. 6. 130 Yard Conformity Required
35. 6. 140 Building Site Conformity Required
36. 6. 150 Existing Construction Exempt from Provisions - When
37. 6. 160 Second Units Prohibited — When ( Deleted 3/ 27/ 12)

Section 18. 06. 010 Purpose and Use Classifications

In order to classify, regulate, restrict and segregate the uses of land and buildings, to

regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the area of lots and parcels of land and the density of population, classes of zones are established by this title and are to be known as follows: E- 1 Estates zone A- 1 Agricultural zone O Open space zone R- 1 Residence zone R- 1- B Residence zone* R- M Multi- residential zone M- U Mixed use zone O- P Office- professional zone C- 1 Commercial zone C- 2 Commercial zone C- 3 Commercial zone M- 1 Light manufacturing zone IP Industrial park zone SP Specific plan implementation zone MHP Mobile home park zone Overlay zones:

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O- R Open space residential overlay zone
BPO Biological preserve overlay zone
PC Planned community overlay zone
PRD Planned residential development overlay zone
FP Floodplain overlay zone

Prior Code Appendix A 301; Ord. No. 2012- 3, Amended 2/ 23/ 12) Editor' s Note: Regulations for the R- 1- A zone were repealed by Section 8 of Ord. 81- 48, which provided that land zoned R- 1- A would be zoned R- 1- B and land zoned R- 1- B would be zoned R- 1- B ( 7. 5).

Section 18. 06. 020 Zones Established by Map - Amendments

The locations and boundaries of the various zones are such as are shown on Zoning Map No. 5 of the City, which map is attached to the ordinance codified in this title and made a part of this title. Any amendments to Zoning Map No. 4, which might become effective after the effective date of the ordinance adopting this section, shall be constituted as being an amendment to Zoning Map No. 5. Prior Code Appendix A 302; Ord. No. 2012- 3, Amended 2/ 23/ 12)

Section 18. 06. 030 Division of Zoning Map

The zoning map may, for convenience, be divided into parts and each such part may, for

purposes of more readily identifying areas within such zoning map, be subdivided into units, and such parts and units may be separately employed for purposes of amending the zoning map or for any official reference to the zoning map. Prior Code Appendix A 303)

Section 18. 06. 040 Boundary Changes

Changes in the boundaries of the zones shall be made by ordinance adopting an amended

zoning map, or part of such map, or unit of a part of such zoning map, which said amended maps, or parts or units of parts, when so adopted, shall be published in the manner prescribed by law and become a part of this title. Prior Code Appendix A 304)

Section 18. 06. 050 Boundary Determination Guidelines

Where uncertainty exists as to the boundaries of any zone shown upon the zoning map

or any part or unit thereof, the following rules of construction shall apply: A. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries. B. In the case of unsubdivided property, and where a zone boundary divides a lot, the location of such boundaries, unless the same are indicated by dimensions, shall be determined by the use of the scale appearing on the zoning map. C. Where a public street or alley is officially vacated or abandoned, the area comprising such vacated street or alley shall acquire the classification of the property to which it reverts. D. Areas of dedicated streets or alleys and railroad rights- of-way, other than such as are designated on the zoning map as being classified in one of the zones provided in this title, shall be deemed to be unclassified and such unclassified streets shall be used only for purposes lawfully allowed and such unclassified railroad rights-of-way shall be used solely for the purpose of accommodating tracks, signals, other operative facilities, and the movement of rolling stock. Prior Code Appendix A 305)

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Section 18. 06. 060 Land Use Symbols on Zoning Map

Where areas are shown upon the zoning map enclosed within a heavy dashed line, the area thus shown is intended to approximate the future location for that type of land use indicated by the symbol therein enclosed within a circle. Uncircumscribed symbols within such designated areas represent present classification. Prior Code Appendix A 306)

Section 18. 06. 070 Unclassified Property

Any property which, for any reason, is not designated on the zoning map as being

classified in any of the zones established hereby, shall be deemed to be classified R- 1. Prior Code Appendix A 307)

Section 18. 06. 080 Prezoning Unincorporated Properties

A. The City Council recognizes the fact that a City' s social and economic life is seldom

limited to the area within its corporate limits; that real need exists to consider zoning and physical planning on the basis of the existing and developing area rather than only the areas currently within the City limits; that state law, through the medium of the Conservation and Planning Act see Government Code, Section 65859), recognizes the existence of the relationship between a City and the areas adjacent thereto, and has incorporated in such state law a mandate that cities shall preplan areas contiguous thereto if, in the opinion of the City, such areas bear a relationship to its planning. B. In recognition of such policy and purpose and the possibility of annexation of adjoining lands, the City undertakes to establish an expansion of a consistent land use pattern that shall prevail, if and when areas contained within such expanded plans annex to the City. C. For that purpose, precise prezoning maps may be developed and adopted in the same manner prescribed by this title for the classification of property within the City, including procedures for and concurrent consideration of conditional use permits and specific plans. Prior Code Appendix A 308)

Section 18. 06. 090 Classification of Annexed or Incorporated Properties

A. If a precise prezoning map has been adopted for the subject area, then such annexed or incorporated properties contained therein shall be classified as indicated thereon upon becoming a part of the City. Portions of the precise prezoning map applicable to the subject properties shall become a part of the City' s zoning map and such properties shall thereafter be subject to all provisions of the City' s Zoning Code at the time the annexation becomes effective. B. If a precise prezoning map has not been adopted for an area subject to annexation or incorporation, then such area shall acquire the zoning classification most nearly compatible with the land use classification of the general plan, as may be determined by the compatibility matrix of the general plan, e. g., property subject to annexation which falls within the LD ( low- density residential) land use classification of the general plan may be classified as E- 1, E- 1 ( 1. 5) or any other more restrictive zoning classification as may be determined to be compatible with the general plan. Such zoning classification shall become effective at the time the annexation becomes effective and shall remain in effect until such time that a precise zoning plan has been adopted for the subject properties in accordance with the provisions hereof. C. In those instances where a property or properties subject to annexation or incorporation is not subject to a precise prezoning map and there is no general plan land use classification applicable to the subject area it shall become subject to the A- 1 ( 5) zoning

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classification upon the effective date of the annexation. Such zoning classification shall remain in effect until such time that an appropriate general plan land use classification and zoning classification has been adopted in accordance with the provisions hereof; however, the City Council may adopt an interim zoning ordinance in accordance with the provisions of Section 65858 of the Government Code establishing an appropriate zoning classification if it determines such is necessary to protect the public safety, health and welfare. Prior Code Appendix A 309)

Section 18. 06. 100 Land Use Conformity Required

A. Except as provided in this title, no building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used for any purpose or in any manner other than is permitted in the zone in which such land, building, structure or premises is located. B. Under no circumstances will a use or an accessory use be classified as a lawful, permitted, special, or conditional use under this Code if its maintenance or operation would constitute, produce, or result in a violation of State or local laws, including those relating to cannabis. Prior Code Appendix A 310; Ord. No. 2007- 4, Amended, 5/ 8/ 07; Measure Z, Added, 12/ 11/ 18; Ord. No. 2019- 18, Amended, 12/ 10/ 19)

Section 18. 06. 105 Permissive Code

A. The Vista Development Code, in accordance with Section 18. 06. 100, has always

been and is a permissive zoning code. Under a permissive code, no use may be established or operated within a building or on land unless the use: ( 1) qualifies as an expressly listed use pursuant to Section 18. 02. 294; and ( 2) has first received and maintained all permits or approvals needed to qualify as a lawful use as defined in Section 18. 02. 372. B. Only lawful uses may be legally established, operated, or maintained on land or in a building within the City of Vista. C. It is unlawful, prohibited, and a violation of this code for a person to manage, operate, or materially contribute to a use which constitutes an unlawful use. D. A person operates or materially contributes to an unlawful use if the person: ( 1) is an on- site manager of the unlawful use during any period that the unlawful business is open; ( 2) is financially, contractually or otherwise legally responsible for any aspect of the operation of the illegal use ( including but limited to payment of utilities, advertising, rent, mortgage or other operating costs); ( 3) is hired to provide or otherwise provides security at or for the unlawful use; 4) has been previously notified to cease and desist working for or providing services for or at a same or similar unlawful use, and/ or cited, arrested or criminally charged for working or providing services for or at a same or similar unlawful use, and thereafter works for or provides services for

a same or similar unlawful use; or, ( 5) is a key employee or workers ( whether for compensation or as a volunteer) at or for the unlawful use. For purposes of this paragraph, a key employee or worker is a person who provides on- site work, efforts or services for the benefit of the unlawful use ( whether or not hired by the unlawful use as an employee or serving as an unpaid volunteer) during a period when there are no more than two key employees or workers present at the site of the unlawful use ( other than security) who are performing work or services for the benefit of the unlawful use. E. A person operates or materially contributes to an unlawful use if the person: ( 1) is an on- site manager of the unlawful use during any period that the unlawful business is open; ( 2) is hired to provide or otherwise provides security at the unlawful use; or ( 3) is a key employee at or worker for the unlawful use. For purposes of this paragraph, a key employee or worker is a

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person who provides on- site work or services for the benefit of the unlawful use ( whether or not hired by the unlawful use as an employee) during a period when there are no more than two persons present at the site of the unlawful use ( other than security) who are performing work for the benefit of the unlawful use. F. Enforcement against an unlawful use, a person who maintains and operates an unlawful use, or a person who materially contributes to an unlawful use may occur using any or all available legal means, including without limitation, the issuance of administrative citations, civil proceedings, nuisance proceedings, or criminal proceedings. G. This section is declarative of existing law previously established by the Vista Development Code and other enactments, including without limitation Section 18. 06. 100. Ord. No. 2015- 20, Added 11/ 10/ 15, Ord. No. 2016- 7, Amended, 6/ 10/ 16)

Section 18. 06. 107 Unauthorized Cannabis Uses Prohibited Throughout the City A. Unauthorized cannabis uses are prohibited throughout the city whether the use is conducted as a primary or accessory use. B. It shall be unlawful for any person or entity to allow, establish, own, operate, engage in, manage or maintain an unauthorized cannabis use anywhere in the city. C. It shall be unlawful for any person or entity to lease or rent any building, structure, facility, premises, land or location for an unauthorized cannabis use. D. No administrative procedure, including those found in Section 18. 58.030 among others, was intended or is available to expand the expressly listed uses allowed in a zoning classification to include or accommodate an unauthorized cannabis use, whether as a primary or accessory use. E. The prohibitions of this section apply to all specific plans in the City, including any plans purporting to prevail over the Vista Development Code in the event of a conflict. Ord. No. 2015- 20, Added 11/ 10/ 15; Ord. No. 2016- 1, Added 2/ 12/ 16; Ord. No. 2016- 7, Amended 6/ 10/ 16; Measure Z, Repealed, 12/ 11/ 18; Ord. No. 2019- 18, Added, 12/ 10/ 19)

Section 18. 06. 108 Marijuana- Related Uses and Medical Marijuana Land Uses or Businesses Prohibited in Specific Plan Areas Ord. No. 2015- 20, Added 11/ 10/ 15; Measure Z, Repealed, 12/ 11/ 18)

Section 18. 06. 109 Public Nuisance Ord. No. 2016- 7, Added 6/ 10/ 1; Measure Z, Repealed, 12/ 11/ 18)

Section 18. 06. 110 Height Conformity Required

Except as provided in this title, no building or structure shall be erected, reconstructed or

structurally altered to exceed in height the limit established for the zone in which such building or structure is located. Prior Code Appendix A 311)

Section 18. 06. 120 Open Space Conformity Required

Except as provided in this title, no building or structure shall be erected, nor shall any

existing building or structure be moved, altered, enlarged or rebuilt so as to reduce or encroach upon in any manner any open spaces surrounding any buildings, except in conformity with the building site requirements and the area and yard regulations established for the zone in which such building or structure is located. Prior Code Appendix A 312)

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Vista Municipal Code

Section 18. 06. 130 Yard Conformity Required

Except as provided in this title, no yard or other open space provided about any building or structure for the purpose of complying with these regulations shall be considered as providing a yard or open space for any other building or structure. Prior Code Appendix A 313)

Section 18. 06. 140 Building Site Conformity Required

Except as provided in this title, no building or structure shall be erected, moved, altered,

enlarged or rebuilt unless such building or structure is erected or located upon a lot or building site that conforms with the regulations of the zone in which the lot or building site is located. Prior Code Appendix A 314)

Section 18. 06. 150 Existing Construction Exempt from Provisions - When

A. Nothing contained in this title shall require any change in the plans, construction

or designated use of a building or structure for which a building permit has heretofore been issued and upon which actual construction has begun at the effective date of the ordinance codified in this title or any amendment thereof; provided, that such construction and proposed use of such building or structure is not on said date in violation of any other ordinance or law and; provided further, that such building or structure is completed within one year of such date. B. " Actual construction" means and is defined to be the actual placing of construction materials in their permanent position fastened in a permanent manner, except that where a basement is being excavated, such excavating shall be deemed to be actual construction, or where demolishing or removal of an existing structure has been begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction. Prior Code Appendix A 315)

Section 18. 06. 160 Second Units Prohibited - When Prior Code Appendix A 316; Ord. No. 2012- 5, Deleted, 3/ 27/ 12)

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Chapter 18.08

E-1 Estates Zone