Vista Municipal Code § 18.34 R-M Multi-Residential Zone

Section 18.34.010 Permitted Uses

In the R-M zone, the following uses are permitted:
A. A one-family dwelling on each lot or building site.
B. Accessory buildings and uses as defined by Sections 18.02.045, 18.02.050 and

18.02.055, including, but not limited to, the following buildings or structures: private garages, radio and television receiving ’ antennas, and other accessory or incidental to the primary uses permitted by this section. C. Home occupations D. Flower and vegetable gardening E. Multiple dwellings F. Residential care homes, provided no more than six persons, exclusive of the owner or manager and their family, are housed or otherwise cared for on any one building site. G. Boardinghouses H. Apartment or residential hotels I. One adult dog or cat per dwelling unit J. One stand for the display and sale of only those agricultural products produced on the premises subject to the following conditions: 1. Such stand shall not exceed 100 square feet in area 2. Deleted 3. No such stand shall be located closer than 20 feet to any street line 4. No such stand shall be located on any parcel or lot less than one-half acre in area. K. The following uses are permitted in an R -M zoning district, provided a special use permit is obtained according to the provisions of this title: 1. Cemeteries 2. Museums and libraries not operated for profit 3. Churches 4. Residential care homes where more than six persons, exclusive of the owner or manager and their family, are housed or otherwise cared for on any one building site, subject to the provisions of Section 18.58.100.

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Vista Municipal Code

5. One emergency shelter within the entire zone, not to exceed 60 beds in

total where all of the following are satisfied: 1. The shelter is located on a lot or commonly-owned adjacent lots with an area of at least three acres; and 2. The shelter will operate as an integral part of a larger existing facility which includes at least 20 transitional housing units and 20 permanent housing units, with the total number of those units at least equalling the number of beds in the shelter. L. The following uses are permitted in an R-M zoning district, provided a minor use permit is obtained according to the provisions of this title: 1. Clubs and lodges 2. Parks 3. Public buildings and uses 4. Radio and television transmitters 5. Recreational facilities 6. Schools M. Supportive housing, subject to development standards applicable to apartments. N. Transitional housing, subject to development standards applicable to apartments. O. Employee housing Prior Code Appendix A 1101; Ord. No. 93-3, Amended, 02/23/93; Ord. No. 93-26, Amended, 11/23/93; Ord. No. 2012-5, Deleted 18.34.010.K.2, 3/27/12; Ord. No. 2012-5, Amended, 3/27/12; Ord. 2015-19, Amended 10/23/15; Ord. No. 2019-16, Amended, 11/12/19)

Section 18.34.020 Building Height

In an R-M zone, no building or structure shall exceed two stories or 35 feet in height,

whichever is less. Prior Code Appendix A 1102)

Section 18.34.030 Front Yards

A. Attached units. No building or structure shall be erected or maintained less than

50 feet from the centerline of the street upon which the building site fronts, or less than 20 feet from the ultimate street line of the street upon which the building site fronts, whichever is greater. Noise walls or screen walls approved as part of a site development plan are exempt from this requirement if at least five feet of landscaping is maintained in front of the wall. B. Detached units. Separate detached dwelling units within the R-M Zone shall maintain a front setback of 20 feet from the ultimate street line or driveway line to the face of garage, and 15 feet from the ultimate street line or driveway line to the remainder of the residential unit. Up to five percent of the residential units in an individual project may vary from this standard. Prior Code Appendix A 1103; Ord. No. 2012-7, Amended 5/22/12)

Section 18.34.040 Side Yards

A. Attached units. Multi-unit buildings within the R-M Zone shall have a side yard on each side of the lot or building, and each side yard shall be not less than 15 feet in width, except where such side yard abuts existing, developed single-family zones, in which case the side yard shall be 20 feet. B. Detached units. Separate detached dwelling units within the R-M Zone shall have a side yard on each side of the lot or building, and each side yard shall be not less than ten feet in width. Maximum encroachment into the required side yards shall not exceed two feet in

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depth by eight feet in width, so that at least eight feet is provided in locations where encroachments are permitted. C. Exceptions. Legally recorded parcels with an average width of less than 60 feet may have a side yard setback reduction to a minimum of five feet on one side yard of the parcel, provided such side yard is not a street side yard. Prior Code Appendix A 1104; Ord. No. 2012-7, Amended 5/22/12)

Section 18.34.050 Rear Yards

Every lot and building site in the R-M zone shall have a rear yard of not less than 15 feet

in depth except where such rear yard abuts existing, developed single-family zones, in which case the rear yard shall be 20 feet. Prior Code Appendix A 1105)

Section 18.34.060 Building Site Area

A. R-M zoned property with a suffix of “15” or greater shall have a minimum lot area

of six thousand square feet. B. R-M zoned property with a suffix less than “15” shall have a minimum lot area of 9,000 square feet. C. Smaller sized lots may be allowed under a condominium housing permit. Prior Code Appendix A 1106)

Section 18.34.070 Density Designation

The maximum density, in dwelling units per acre, within each R-M zoned property shall

be specified through the use of a “ density designator.” The zoning map shall include this designator, expressed as a whole number, on each parcel zoned R-M. As an example, R-M (15) zoning on a given parcel means that this property allows multiple-family uses at a density not to exceed 15 dwelling units per acre. In no case shall the density designator exceed the maximum density permitted by the corresponding designation shown on the General Plan. Prior Code Appendix A 1107)

Section 18.34.080 Distance between Dwellings Prior Code Appendix A 1108 ; Ord. No. 2012-7, Amended 5/22/12; Ord. No. 2020-1, Repealed 1/14/20)

Section 18.34.090 Open Space

For purposes of encouraging innovative and aesthetic environmental design, every lot and building site in an R-M zone shall have the following open space. The Director of Planning, as part of the site development plan or other permit review procedure, shall approve only those plans which conform to the requirements of this section. A. Common Usable Open Space. 1. There shall be no less than 125 square feet of common usable open space for each bedroom and for each studio apartment situated on such lot and building site. 2. The common usable open space required for each lot and building site shall be so arranged that at least 50 percent thereof shall be provided in not more than two areas, and any rectangle that can be inscribed within each such area shall not have any single dimension of less than 30 feet. The remaining required common usable open space may be distributed throughout the project and need not be in one such large area; provided, however, no area of less than 50 square feet shall be considered common usable open space. 3. All required common usable open space shall be improved in a manner

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appropriate to its intended purposes, and all landscaping shall comply with the requirements of Section 18.34.100. Natural features of the site reasonably worthy of preservation, as determined by the Director of Planning as part of the site development plan or other permit review procedure, may be retained in their natural state and need not be improved, but shall be maintained and may be improved with such items as irrigation lines and additional plant materials to assist in assuring the lasting retention of the natural feature being preserved. 4. A minimum of 50 percent of the required common usable open space shall be located on those portions of the lot or building site which slopes not more than ten percent. 5. Within the R-M Zone, projects with detached residential units only may reduce the amount of required common open space up to 25 percent in exchange for an equivalent increase in private usable open space in the same development. The minimum dimension of any private open space area to be credited toward common space shall be ten feet by ten feet. Any increase in private open space shall be spread evenly across the project site and not confined to specified lots. B. Private Usable Open Space. 1. a. There shall be no less than 100 square feet of private usable open space for each ground floor dwelling unit, all of which shall be enclosed by an opaque fence or wall that will afford some degree of privacy to the residents. b. Any rectangle that can be inscribed within such space shall have at least one dimension of not less than eight feet. Not more than 50 percent of such space may be covered by an overhang, balcony or patio roof not less than seven feet in height. 2. There shall be no less than 50 square feet of private usable open space for each dwelling unit having no ground floor living area; any rectangle that can be inscribed within such a space shall have at least one dimension of not less than five feet, and such space shall have at least one side open to the outdoor area above a point three feet higher than the floor level of such space. 3. Private usable open space shall be immediately adjacent to, and not more than four feet above or below, the lowest floor level of the dwelling unit served. Prior Code Appendix A 1109; Ord. No. 2012-7, Amended 5/22/12)

Section 18.34.100 Landscaping

Every lot and building site in the R-M zone shall have the landscaping required by the provisions of this section. Such landscaping shall be planted and the irrigation system installed prior to human occupancy being permitted of the last 25 percent of the units being constructed on such lot and building site, and in the case of phased development, prior to human occupancy being permitted of the last 25 percent of the units being constructed on such lot and building site in each phase. A. All land areas not occupied or intruded upon by any structure, with the exception of vehicular access ways and parking areas, pedestrian walkways, and paved or covered recreational facilities, shall have landscaping. B. All landscaping areas shall be surrounded by a concrete curb not less than six inches above final grade or above the asphalt level of any abutting parking lot; provided, however, that when such landscaping area abuts a concrete sidewalk, masonry wall or building, such sidewalk, wall or building may be substituted for such curb. C. Not less than 24 square feet of landscaping area containing at least one tree minimum 15-gallon size) shall be provided for every ten single-row and for every 20 double-row uncovered parking stalls, and for every 200 lineal feet of access to carport structures. D. In no case, except for raised planter boxes around buildings, shall such landscaping area be less than three feet in width. E. In addition to plant life, “landscaping” in the R-M zone means and is defined to

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also include fountains, ponds, sculpture and walls with ornamental features. All areas abutting public or private streets, except for vehicular access ways, shall have a landscaping strip not less than five feet wide, containing plant life, and a landscaping strip shall be provided separating all buildings and walls from driveways and parking locations. F. A landscaping plan drawn to a minimum scale of one inch for each 50 feet shall indicate the square footage of each landscaping area, shall tabulate the total square footage of all landscaping areas and the percentage of the total site devoted to landscaping, shall identify at each landscaping area the types of plants to be planted therein, shall list the botanical and common names of all plants with the number of each and their container size, shall clearly portray the entire landscaping layout and the irrigation system, and shall be submitted as part of the site development plan procedure unless no site plan is required. If no site development plan is required, such plan shall be submitted prior to issuance of any building permit. G. The Director of Planning, as part of the site development plan or other permit review procedure, shall approve those landscaping plans and installations which conform to the requirements of this section. Prior Code Appendix A 1110)

Section 18.34.110 Development Standards

In an R-M zone, no building or structure shall be hereafter erected or constructed which does not conform to the requirements of this section. The Director of Planning, as part of the site development or other permit review procedures, shall approve the erection or construction of only those buildings or structures which conform to the requirements of this section. A. Refuse Collection and Storage. 1. Developments with five or more dwelling units shall provide a common facility(ies) for the collection and storage of refuse. Developments of four or fewer dwelling units shall provide an appropriate location ( e.g., an outdoor covered and enclosed space adjacent to the individual units) for the collection and storage of such materials. 2. Areas designated for the collection and storage of solid waste material shall conform with the provisions of Section 18.58.590 of this code. B. Storage. Each dwelling unit shall have a completely enclosable storage cabinet having a minimum size of 160 cubic feet. No inside dimension of such cabinet shall be less than four feet. Such storage cabinet shall be placed within a garage or carport or in an area accessible from the exterior of the dwelling unit; provided, however, that such storage cabinet may not interfere with the area required for any vehicular parking space. Furniture, appliances and other similar equipment shall be stored only within completely enclosed buildings and shall be completely blocked from the view of the persons outside of the dwelling unit; no required carport or garage, the interiors of which are within the view of persons on any other lot or building site, shall be used for such storage. C. Lighting. All lighting of buildings, landscaping, parking areas and other facilities shall be hooded and directed to reflect away from adjoining properties. D. Mechanical Equipment. All mechanical equipment, including ducting, whether at ground or rooftop level, shall be contained in a completely enclosed structure. All wall air conditioner units shall be blocked from view with materials that are reasonably compatible in harmony with the architectural styling and detailing of the building. E. Utilities. 1. All new and existing utility distribution facilities, including cable television lines, within the boundaries of any lot or building site where a building permit is requested, or within any half-street abutting such lot or building site, shall be placed underground, except with

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regard to a permit for a lot or building site with a total of four dwelling units existing and to be constructed, as to existing facilities. The permittee is responsible for complying the requirements of this section, and he shall make the necessary arrangements with each of the serving utilities, including licensed cable television operators, for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed duct, and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed above ground. 2. The provisions of this section shall not apply to the installation and maintenance of overhead electric transmission lines in excess of 34,500 volts and long-distance and trunk communications facilities. 3. The installation of cable television lines may be waived when, in the opinion of the Director of Planning, no licensed cable television operator is found to be willing and able to install cable television lines in the subdivision. 4. a. When there is less than 600 feet of line requiring conversion, an in-lieu fee may be applied if approved by the Public Works Director. The fee will be established on a cost per-foot basis using a typical 600-foot project of feeder circuit or local distribution circuit. b. In-lieu fees shall be deposited in a special undergrounding account to be used as approved by the City Council for future undergrounding of utilities. c. This subdivision may be applied to building permits existing on the effective date of the ordinance codified in this section at any time before certificate of occupancy is granted. Prior Code Appendix A 1111; Ord. No. 94-25, Amended, 10/25/94)

Section 18.34.120 Lower Income Housing Prior Code Appendix A 1112; Ord. No. 2015-6, Repealed 4/28/15)

Section 18.34.130 Affordable Housing

Any application for a Site Development Plan for 20 or more multiple dwelling residential units, for sale or rent, shall include reservation of nine percent (9%) of the units being built to be made eligible to the City of Vista as affordable housing units. The affordable housing units shall include, at a minimum, four percent (4%) of the units as moderate income units or lower and five percent (5%) of the units as low income units or lower, with “moderate income” and “low income” as defined by the California Department of Housing and Community Development. The City may adopt a fee in lieu of the reservation of the affordable housing units. Such a fee shall be used exclusively for programs providing affordable housing opportunities within the City. The fee shall be based on a formula set by resolution of the City Council as a fair share contribution to the City’s Inclusionary Housing Fund as applied to the subject housing project. When affordable units are provided on-site, the property owner shall execute and cause the recordation of a regulatory agreement, in a form approved by the City Attorney, to assure compliance with this paragraph. The City may adopt policies, rules and regulations by Resolution or administrative action to implement these affordable housing provisions, and such requirements shall apply to qualifying projects. Ord. No. 2023-1, Added 1/10/23)

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Chapter 18.35

M-U Mixed Use Zone