Vista Municipal Code § 18.33 Small Lot Residential Development Requirements

Section 18.33.010 Purpose of Provisions

The purpose of this chapter is to establish a reasonable and uniform regulatory framework

for the subdivision of land into small lots. Small lot subdivisions are intended to provide an alternative to the traditional single-family subdivisions, thereby increasing options for fee simple homeownership opportunities. Ord. No. 2022-8, Added 05/10/22)

Section 18.33.020 Definitions

Development site” shall mean the total land area of a small lot subdivision after all required

dedications for public improvements. Maintenance agreement” shall mean an agreement executed by all small lot owners to maintain all common areas and appurtenances in a small lot subdivision, including any reciprocal access and/or maintenance easements, and which requires each owner and any successor owner to pay a proportionate share of the small lot subdivision’s maintenance and related costs. A maintenance agreement is recorded and runs with the land. Maintenance association” shall mean an incorporated or unincorporated association that maintains all common areas and appurtenances in a small lot subdivision, including any reciprocal access and/or maintenance easements, subject to a declaration of covenants, conditions and restrictions (CC&Rs) that run with the land. Small Lot” shall mean a parcel of land created through a small lot subdivision for the purpose of developing it with a single-family residence. Small Lot Subdivision” shall mean a residential development containing detached single- family residences on land that is subdivided into fee simple parcels each containing one unit. Ultimate Street Line” means the future boundary line between a street and the property abutting such street as established by Specific Plan or General Plan adopted pursuant to the State Conservation and Planning Act. Ord. No. 2022-8, Added 05/10/22)

Section 18.33.030 Zones

Small lot subdivision is only permitted in the following zones: R-1-B and R-M (up to a density

of 15 dwelling units per acre).

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Ord. No. 2022-8, Added 05/10/22)

Section 18.33.040 General Requirements for Small Lot Subdivisions

A small lot subdivision shall meet the following standards: A. Minimum Lot Area: 3,600 square feet for each proposed lot, or 3,600 square feet as an average of the proposed lot sizes after deducting the smallest and largest lot sizes from the average calculation. For example, if there are ten proposed lots, and the smallest lot is 3,000 square feet and the largest lot is 13,000 square feet, the average calculation would be based on the remaining eight lots sizes divided by eight. B. Minimum Lot Width: 45 feet C. Minimum Lot Width in a Cul-de-sac: 20 feet D. Sidewalks and Landscaped parkways are required on both sides of the street with minimum six-foot-wide landscaped parkways. E. On-street parking shall be provided on both sides of the street, whether a public or private street. F. Curb to curb street width shall be a minimum of 40 feet to accommodate on-street parking on both sides of the street. G. Common Open Space: 200 square feet per unit combined into one area or divided between a maximum of two areas on the project site. H. Private Open Space: 200 square feet per unit with a minimum 10-foot dimension. Stormwater basins cannot be counted towards meeting the open space requirements, whether common or private open space requirements. I. Driveways: straight-in access from a private street or public street to a garage shall be at least 20 feet long, as measured from the ultimate public or private right-of-way (existing street in which the subject street has been dedicated or improved to its ultimate width). J. Parking: four spaces per unit. K. Private streets shall meet or exceed the private street design standards of Chapter 16.57 of Vista Development Code, unless stated otherwise in this chapter. L. Walls and fences: decorative block walls are required along the perimeter of the project; however, use of wrought iron elements may be approved when appropriate to enhance views. M. Landscaping: provide 24-inch box street trees, landscaped parkways, and slope erosion control/planting per Landscape Manuel requirements. N. Storage: provide minimum 160 cubic feet enclosable storage cabinet for each dwelling unit, this can be placed in the garage. O. All small lot subdivisions are subject to: (i) a declaration of covenants, conditions, and restrictions ( CC&Rs) governed by a maintenance association; or ( ii) a maintenance agreement, as applicable. The CC&Rs or maintenance agreement are subject to the following provisions: 1. The CC&Rs or maintenance agreement shall run with the land and must be established prior to the sale of any unit(s). Small lot subdivisions with five or more parcels shall establish CC&Rs whereas small lot subdivisions with four or less parcels may establish a maintenance agreement or CC&Rs. 2. Membership in the maintenance association or to the maintenance agreement shall be mandatory for each small lot owner and any successor owner. 3. Parking shall be restricted upon other than approved and developed parking spaces. 4. A final copy of the CC&Rs or maintenance agreement shall be filed with the City. P. Modification of standards: A small lot subdivision may have up to two of the above

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standards modified as an express condition of approval of a Site Development Plan, upon approval of the Planning Commission at a noticed public hearing. This section does not apply to the standards in subsections A, B, D, E, F, G, H, J, and O which may not be modified. Ord. No. 2022-8, Added 05/10/22)

Section 18.33.050 Front Yards

Single-family residences in a small lot subdivision shall maintain a front setback of 20 feet

from the ultimate street line or driveway line to the face of garage, and ten feet from the ultimate street line or driveway line to the remainder of the single-family residence. Deviations from the requirements of this section may be permitted as an express condition of approval of a Site Development Plan, upon approval of the Planning Commission at a noticed public hearing. However, in no case shall a reduction of front yard setback of more than two feet to be permitted. Ord. No. 2022-8, Added 05/10/22)

Section 18.33.060 Side Yards

Single-family residences in a small lot subdivision shall maintain a side yard on each side of

the lot or building, and each side yard shall be not less than five feet in width. No encroachments into the required side yards shall be permitted. In the case of a corner lot where the side yard is facing a street (public or private), such side yard shall be not less than ten feet in width. Ord. No. 2022-8, Added 05/10/22)

Section 18.33.070 Rear Yards

Single-family residences in a small lot subdivision shall maintain a rear yard of not less than

ten feet in width. No encroachments into the required rear yard shall be permitted. Ord. No. 2022-8, Added 05/10/22)

Section 18.33.080 Building Height

The maximum building height for single-family residences in a small lot subdivision shall be

35 feet or two stories, whichever is lowest. Ord. No. 2022-8, Added 05/10/22)

Section 18.33.090 Utilities

A. Unless stricter provisions are required by other provisions of this title, all electrical and communication conduit and outdoor conductor service facilities for small lots shall be installed underground within the boundaries of any lot or building site for which a building permit for a single-family dwelling is requested. B. No additional poles for such facilities may be installed to provide service for any such lot or building site, except for required replacement of poles which were installed before such date. C. The owner of each such lot or building site shall make the necessary arrangements with each serving utility for the underground installation required hereby. D. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other facilities necessary and appurtenant to such underground utilities and the adjacent street lighting system may be placed above ground. Ord. No. 2022-8, Added 05/10/22)

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Section 18.33.100 Process

A. Small lot subdivisions shall be processed and reviewed via submittal of a Tentative

Parcel Map, pursuant to Vista Development Code Chapter 17.76, or Tentative Subdivision Map, pursuant to Vista Development Code Chapter 17.12, along with a Site Development Plan application pursuant to Vista Development Code Chapter 18.64, for review and decision by the Planning Commission. Applicable fees will apply at the time of submittal to the City. B. All applicable planning application permits shall be processed concurrently for review and approval by the Planning Commission and shall be appealable to the City Council unless the project is required to obtain final approval from City Council due to general plan amendment or zone change application. Ord. No. 2022-8, Added 05/10/22)

Section 18.33.110 Conflict of Provisions

In the event of conflicting provisions between this chapter and any provisions required

elsewhere in the Vista Development Code, the provisions required by this chapter shall take precedence unless contrary to state or federal law. Ord. No. 2022-8, Added 05/10/22)

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Chapter 18.34

R-M Multi-Residential Zone