Vista Municipal Code § 18.31 Accessory Dwelling Units

Section 18.31.010 Definitions

Accessory Dwelling Unit" means an attached or detached residential dwelling unit

which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the Primary Residence is situated. An accessory dwelling unit (ADU) may take the following forms: Attached" means the accessory dwelling unit is attached to the Primary Residence. Detached" means the accessory dwelling unit is separated from the Primary Residence. Repurposed Existing Space" means existing space within the Primary Residence e.g., master bedroom) has been converted into an independent living unit, or an accessory dwelling unit. Existing Space" for the purpose of defining an allowable space that can be converted to an accessory dwelling unit means within the four walls and roofline of any structure that has been legally permitted and occupied, that can be made safely habitable under local building codes at the determination of the Building Official regardless of any noncompliance with zoning standards. Junior Accessory Dwelling Unit” means a unit that is no more than 500 square feet in size and contained entirely within an existing one-family dwelling. A junior accessory dwelling unit ( JADU) may include separate sanitation facilities or may share sanitation facilities with the existing structure. Primary Residence” means the first existing dwelling structure erected on a parcel used exclusively for residential purposes. A Primary Residence may be a one-family dwelling or multiple dwelling. Public Transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2017- 17, Amended, 10/24/17; Ord. No. 2019- 11, Amended, 08/13/19; Ord. No. 2022- 16, Amended, 10/04/22)

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Section 18.31.020 Zones

A. An attached or detached accessory dwelling unit or junior accessory dwelling unit

is permitted in the following zones: R-1-B, R-1, E-1, A-1, O-R, R-M and M-U zones, and all areas within specific plans that allow one-family dwellings by right. B. An accessory dwelling unit located within repurposed existing space is permitted on any lot in a zone that allows one-family or multiple dwellings by right. Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2017- 17, Amended, 10/24/17; Ord. No. 2019- 11, Amended, 08/13/19; Ord. No. 2022-16, Amended, 10/04/22)

Section 18.31.030 Requirements for an Accessory Dwelling Unit

An accessory dwelling unit shall be permitted provided all of the following standards are

met: A. No building code violation exists on the lot which the accessory dwelling unit is to be located that is necessary to correct to protect public health and safety, as determined by the City Building Official. B. The accessory dwelling unit is not intended for sale separate from the Primary Residence, unless sold or conveyed separately to a qualified buyer in compliance with California Government Code Section 65852. 26. C. Minimum rental term of no less than 30 consecutive days. D. The accessory dwelling unit is located on the same lot as the existing Primary Residence. E. Local building code requirements shall apply to the accessory dwelling unit, as appropriate. F. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the Primary Residence. G. Building addressing and house numbers shall conform to the provisions of Chapter 19.04, Street Names and Building Numbers. The units must share the same address number and additional unit number can be assigned to differentiate the units. H. The Primary Residence and the Accessory Dwelling Unit may be constructed simultaneously, or the primary residence constructed first at all times, provided that all requirements of this chapter are satisfied. I. Manufactured homes, as defined in the California Health and Safety Code Section 18007, may be used as an accessory dwelling unit. Units must be placed on permanent foundation and connected to utilities. Homes mounted to a chassis with wheels are classified as Recreational Vehicles ( RV) and cannot be used as a permanent residence and/or ADU. J. As of January 1, 2020, all newly constructed non-manufactured detached accessory dwelling units are subject to the same solar photovoltaic ( PV) requirements as new homes. Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2006-22, Amended, 12/12/06; Ord. No. 2007-13, Amended, 8/14/07; Ord. No 2015- 7, Amended, 4/28/15; Ord. No. 2017- 17, Amended, 10/24/17; Ord. No. 2019- 11, Amended, 08/13/19; Ord. No. 2022- 16, Amended, 10/04/22)

Section 18.31.040 Number of Accessory Dwelling Units

A. Primary Residence is a One-Family Dwelling
1. One accessory dwelling unit and junior accessory dwelling unit shall be

allowed when all of the folllowing apply:

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a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a one-family dwelling or existing space of a one-family dwelling or accessory building, and may include an expansion of not more than 150 square feet beyond the physical dimensions of the existing accessory building. An expansion beyond the physical dimensions of the existing accessory building shall be limited to accomodating ingress and egress. b. The unit has exterior access from the proposed or existing one- family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with all other junior accessory dwelling requirements outlined in this Ordinance. 2. One detached new construction accessory dwelling unit shall be allowed subject to the following: a. A minimum 4-foot side and rear yard setbacks. b. A maximum square footage of 850 square feet in floor area if fewer than two bedrooms, or a maximum square footage of 1,200 square feet in floor area if two or three bedrooms. c. A height of 16 feet. 3. An accessory dwelling unit constructed under subsection ( 2) above may be combined to allow a junior accessory dwelling unit in the manner described in subsection ( 1) above. 4. In accordance with California Government Code Section 65852. 22, only one junior accessory dwelling unit is permitted per lot. B. Primary Residence is a Multiple Dwelling 1. A maximum of two detached accessory dwelling units may be constructed on a lot which contains an existing multiple dwelling unit, so long as the accessory dwelling units are no more than 16 feet in height and have at least 4 foot side and rear yard setbacks. 2. Within an existing multiple dwelling, multiple accessory dwelling unit may be converted from areas not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with applicable fire and building code requirements. At least one such accessory dwelling unit conversion, and up to 25 percent of the existing multiple dwelling units, is permitted under this subsection. 3. Junior accessory dwelling units are not permitted on lots with multiple dwellings. Ord. No. 2022-16-2, Enacted, 10/04/22; Ord. No. 2024-02, Amended 03/26/24)

Section 18.31.050 Size

A. Maximum Size for Accessory Dwelling Unit. The maximum size of an attached or detached new construction accessory dwelling unit shall be dependent on the Primary Residence on the lot. Any new garage or other non-inhabited accessory building that complies with the provisions of this Title shall not be counted toward the square footage of the accessory dwelling unit. 1. Detached ADU. A detached accessory dwelling unit may not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two bedrooms. No more than three bedrooms are allowed. 2. Attached ADU. May not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two or three bedrooms. No more than three bedrooms are allowed. An attached accessory dwelling unit shall not exceed 50 percent of the floor area of the Primary Residence.

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3. The conversion of an existing accessory building or a portion of the

existing Primary Residence to an accessory dwelling unit is not subject to size requirements. B. Maximum Size for Junior Accessory Dwelling Units. The maximum size of a junior accessory dwelling unit shall not exceed 500 square feet. C. Minimum Size for ADUs and JADUs. The total floor area of any attached or detached accessory dwelling unit or a junior accessory dwelling unit shall be of a minimum area of 150 square feet, or as specified in Section 17958.1 of the California Health and Safety Code. Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2017-17, Amended, 10/24/17; Ord. No. 2019-11, Amended, 08/13/19; Ord. No. 2022- 16, Amended, 10/04/22; Ord. No. 2024- 02, Amended 03/26/24)

Section 18.31.060 Setbacks A. Converted Space. Notwithstanding subsections B through D, no setbacks shall be required for accessory dwelling units and junior accessory dwelling units permitted under Section 18.31.040.A.1. B. New Accessory Dwelling Unit. The front setback shall comply with that required for the primary residence on the property. A minimum setback of four (4) feet from side and rear lot lines is required for any accessory dwelling unit, attached, detached, or constructed above a garage. C. Corner Lots. Accessory dwelling units developed on corner lots shall maintain a minimum side street setback of 10 feet from the ultimate street right-of-way line of the street parallel to the side lot line. D. Building Separation. A minimum separation of five (5) feet, measured from eave to eave, shall be maintained between a detached accessory dwelling unit and all other buildings and structures. Ord. No. 2022-16, Enacted, 10/04/22) Section 18.31.070 Height Regulation

A. The height of an accessory dwelling unit or junior accessory dwelling unit shall

not exceed one story, as measured by 16 feet to the proposed peak of roof. B. Accessory dwelling units may be permitted as a second story of the primary residence or above a detached accessory building such as a garage or guesthouse. A second story unit shall shall not exceed 16 feet, as measured from the existing first-floor ceiling of the Primary Residence to the proposed peak of roof. C. The foregoing height regulations shall not apply to accessory dwelling units and junior accessory dwelling units permitted under Section 18.31.040.A.1. Ord. No. 2022-16, Enacted, 10/04/22)

Section 18.31.080 Parking

A. New Parking Spaces Provided. One additional covered or uncovered parking

space per unit shall be provided for the accessory dwelling unit on the lot on which the accessory dwelling unit is located, and may be provided as tandem parking within the paved driveway, or on a driveway in a side yard or rear yard as permitted in Chapter 18.54, Off-Street Parking and Loading Requirements, of the Zoning Code. The one additional parking space is in addition to the minimum number of parking spaces required for residential uses within the zoning district. Parking located in setbacks and tandem driveway parking may be denied if the Building Official makes specific findings that parking in those areas is not feasible based upon specific site or regional topographical or fire and life safety conditions. B. Replacement Parking Spaces.

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1. Accessory Dwelling Unit. A new accessory dwelling unit which eliminates

existing uncovered parking spaces is required to replace parking spaces. A new accessory dwelling unit which eliminates existing covered parking spaces is not required to replace parking spaces. 2. Junior Accessory Dwelling Unit. A new junior accessory dwelling unit created within an attached garage is not required to replace parking spaces. C. Waived Parking. Parking is not required for an accessory dwelling unit if any of the following conditions are met: 1. Unit is located within one-half mile walking distance of public transit. 2. Unit is located within an architecturally and historically significant historic district. 3. Unit is part of (i.e., contained within) the footprint of the proposed or existing Primary Residence or accessory building. 4. On-street parking permits are required but not offered to the occupant of the unit. 5. There is a car share vehicle located within one block of the unit. Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord No. 2022- 16, Amended 10/04/22)

Section 18.31.090 Architectural Consistency

Accessory dwelling units, attached or detached, and junior accessory dwelling units are

encouraged to incorporate the same architectural features, building materials, and color as the primary residence. These features include, but are not limited to, roofing material, roof design, fascia, exterior building finish, color, exterior doors and windows including, but not limited to, ratios of window dimensions ( i.e., width to height) and window area to wall area, garage door, and architectural enhancements. Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2017- 17, Amended, 10/24/17; Ord. No. 2019- 11, Amended, 08/13/19; Ord No. 2022- 16, Amended 10/04/22)

Section 18.31.100 Requirements for a Junior Accessory Dwelling Unit

The requirements and standards of this subsection shall apply to junior accessory dwelling units in compliance with California Government Code Section 65852.22. A. The owner of the Primary Residence shall occupy either the Primary Residence or the junior accessory dwelling unit. B. The junior accessory dwelling unit cannot be sold or conveyed separately from the Primary Residence. C. The junior accessory dwelling unit shall maintain a separate entrance from the main entrance of the existing or proposed primary residence, D. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include the following: a cooking facility with appliances, and a food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit. E. Minimum rental term shall be no less than 30 consecutive days. F. The owner of the property shall execute and cause the recordation of a deed restriction, in a form approved by the City Attorney, to assure compliance with the following: a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the one-family dwelling, including a statement that the deed restriction may be

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enforced against future purchasers, and a restriction on the size and attributes of the junior accessory dwelling unit in conformance with this Ordinance.

Ord. No. 2022-16, Enacted, 10/04/22)

Section 18.31.110 Fees

A. Accessory dwelling units and junior accessory dwelling units shall be subject to all applicable plan check and inspection fees for the Building Division' s review and inspection of the structure, as adopted by the City Council. B. Development impact fees shall not apply to accessory dwelling units 750 square feet or less in size. If the unit is more than 750 square feet in size, impact fees shall apply and be calculated proportionately in relation to the primary residence square footage. C. If levied by the school district, school impact fees shall apply to accessory dwelling units of 500 square feet or greater. D. The property owner of an accessory dwelling unit that was constructed with a new one-family dwelling shall pay all connection fees or capacity charges for utilities, including water and sewer services. Such fees shall be proportionate to the burden of the proposed accessory dwelling unit. E. All applicable development impact fees for an accessory dwelling unit shall be waived if: (1) the accessory dwelling unit is occupied by an eligible household during the first ten 10) years following the issuance of the certificate of occupancy for the unit; and (2) the owner of the property has executed and caused the recordation of a regulatory agreement or deed restriction, in a form approved by the City Attorney, to assure compliance with this paragraph, and such rules as may be necessary so that the unit is eligible to be counted towards the City's regional housing needs assessment. An eligible household shall consist of either ( 1) a lower income household which has a gross income which does not exceed 80 percent ( 80%) of the San Diego County median, adjusted by household size; or (2) a family member or caregiver providing regular care to an owner or occupant of the primary residence in need of that care. If the accessory dwelling unit is occupied by an eligible household, pursuant to above stipulation, a regulatory agreement shall be executed and recorded prior to occupancy. Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2017-17, Amended, 10/24/17; Ord. No. 2019-11, Amended, 08/13/19; Ord No. 2022-16, Amended 10/04/22)

Section 18.31.120 Submittal Requirements and Application Processing

A. Submittal Requirements. An application for an accessory dwelling unit or junior accessory dwelling unit shall include a site plan, floor plan, and elevations. B. 60-day Review Period. An application for an accessory dwelling unit or junior accessory dwelling in compliance with all applicable standards of this section shall be reviewed and approved ministerially by the City’s Community Development Department within 60 days of receiving a complete application. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the City has not acted upon the completed application within 60 days, the application shall be deemed approved. C. Concurrent Processing. If an application for an accessory dwelling unit or a junior accessory dwelling unit is submitted with an application to create a new primary residence on the lot, the City may delay processing the application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the application to create the new primary residence. However, the application for the accessory dwelling unit or junior accessory dwelling unit shall be reviewed and approved ministerially. Ord. No. 2022-16, Enacted, 10/04/22)

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Chapter 18. 32

Single- Family Subdivision Lot Averaging

Sections: 18. 32. 010 Purpose of Provisions 18. 32. 020 Application of Zone 18. 32. 030 Limiting Conditions 18. 32. 040 Additional Lot Averaging Guidelines

Section 18. 32. 010 Purpose of Provisions

The purpose of this chapter is to allow a limited degree of flexibility in the design of

relatively small subdivisions (ten to 25 lots) to vary lot sizes in order to preserve or protect certain environmental features on the project site. Lot averaging shall not be used to introduce lot sizes which are incompatible with surrounding land uses. Prior Code Appendix A 960)

Section 18. 32. 020 Application of Zone

The minimum lot size required for a single-family subdivision in the residential zones A- 1,

E- 1 and R- 1 may be reduced by the Planning Commission, subject to the limitations of Section 18. 32. 030. Other lots proposed in the subdivision shall be equal to, or greater than, the minimum lot size such that the average lot size is greater than, or equal to, the minimum lot size of the zone. The Planning Commission, or the Council on appeal, shall only approve this lot averaging if the findings required by Section 18. 32.040 can be made. Prior Code Appendix A 961)

Section 18. 32. 030 Limiting Conditions

Any request for lot averaging shall be limited by the following conditions: A. The single-family residential subdivision must be processed simultaneously and must contain at least ten, but no more than 25, lots. B. A maximum of one-third of the total lots in the subdivision may be reduced below the minimum lot size. C. No lot shall be reduced smaller than 80 percent of the minimum lot size specified for the zone of the property being subdivided. In no case shall any lot be reduced to a size smaller than 8, 000 square feet. D. The remaining lots in the subdivision shall be equal to or greater than the minimum lot size specified for the zone of the property being subdivided. E. All lots which are larger than the minimum lot size shall be prohibited, through deed restriction or other means, from further subdivision in the future. Prior Code Appendix A 962)

Section 18. 32. 040 Additional Lot Averaging Guidelines

In addition to the findings required for approval of a subdivision, the Planning

Commission, or City Council if appropriate, shall make the following additional findings for lot averaging: A. That there is an environmental benefit derived from the employment of lot averaging, such as reduced grading or protection of sensitive environmental features.

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B. That the entire subdivision, including lots smaller than the minimum lot size, is

compatible with all surrounding existing and planned land uses. Prior Code Appendix A 963)

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Chapter 18.33

Small Lot Residential Development Requirements