Vista Municipal Code § 18.54 Off-Street Parking and Loading Requirements

Section 18.54.010 Purpose of Provisions

The purpose and intent of this chapter is to ensure that all premises shall have the

minimum required off-street motor vehicle parking facilities installed and maintained in a manner which will ensure adequate and safe storage, ingress and egress, and at the same time require parking facility design which will provide for safe and convenient use of such facilities. Prior Code Appendix A 1900)

Section 18.54.020 Facilities Required When - Application of Provisions

A. Subject to the provisions of Section 18.54.030, parking spaces and areas, loading

spaces, and other facilities required by the provisions of this chapter shall be provided for each of the following: 1. The erection, re-erection, construction or reconstruction of any building or structure hereinafter specified; 2. Alteration, enlargement or conversion to a different use of any building, structure, lot or building site, hereinafter specified; or 3. Change of use of a lot or building site which requires a greater number of parking or loading spaces than was provided before such change. B. In the event any building, structure, lot or building site comes within the scope of this section, the provisions of this chapter shall apply to those buildings, structures and uses which were in existence before the effective date of the ordinance codified in this section. C. All improvements required by this chapter or any predecessor of this chapter shall henceforth be made available and maintained for the use for which they were designed. Every

18.54 (1) ( Vista 01/10/2025)

Vista Municipal Code

lot or building site, or portion thereof, used as a public or private parking area, including commercial parking, automobile sales or rentals, equipment sales or rental, mobile home sales or rental, and other open air sales or rental lots, shall be improved, paved and maintained in accordance with the standards set forth in this chapter and the Uniform Building Code as adopted by the City. D. The requirements of this chapter shall apply to temporary as well as permanent uses. Prior Code Appendix A 1901)

Section 18.54.030 Exemptions from Provisions

A. Exemptions from the provisions of this chapter include: 1. Any nonresidential building or structure existing on April 1, 1976, which is altered in a manner which: a. Does not increase the floor area thereof by more than 200 square feet, b. Does not increase the assessed value thereof by more than 50% as determined by the County Assessor, and c. Does not change the use thereof to one requiring a greater number of parking spaces pursuant to this chapter; 2. Any residential building or structure existing on April 1, 1976, which is altered in a manner which: a. Does not increase the number of dwelling units or guestrooms thereof, and b. Does not prevent the use of any existing required on-site parking space or area. B. If an existing required garage or carport is enclosed and made a part of the dwelling unit, an equivalent parking facility shall be provided elsewhere on the same lot or building site. Editor’ s Note: Ord. No. 1991- 15 has two temporary exemptions for parking in multi-family units. Prior Code Appendix A 1902; Ord. No. 1991-15, Amended, 06/25/91)

Section 18.54.040 Floor Area Defined

As used in this chapter: Gross floor area” means all floor area within the confines of all exterior walls. Net floor area” means gross floor area, less the floor area of all hallways, equipment

storage facilities and mechanical equipment rooms. Prior Code Appendix A 1903)

Section 18.54.050 Number of Parking Spaces Required

The number of parking spaces required for the following uses shall be as set forth in this

section. Any resulting fraction shall be rounded up to the next successive whole number ( see also Subsection 18.54.050.A).

18.54 (2) ( Vista 01/10/2025)

Vista Municipal Code

Based on 1,000 SF GFA, Unless Noted Otherwise

Automobile Commercial and Retail Land Uses Bicycle Parking Parking Adult Entertainment Facilities 1 bicycle space for 1 1 12.5 4,000 GFA) every 20 auto spaces 1 bicycle space for 2 Auto Sales with Service Department 0.5 every 20 auto spaces 1 bicycle space for 3 Auto Sales without Service Department 0.33 every 20 auto spaces Banks, Credit Union, Savings and Loan, 1 bicycle space for 4 4.6 and Thrift Institutions every 20 auto spaces 1 bicycle space for 5 Building Complex 5.0 every 20 auto spaces 1 bicycle space for 6 Neighborhood Center 4.0 every 20 auto spaces Community and Regional Centers 1 bicycle space for Greater than 10% of GFA Dedicated to 5.0 every 20 auto spaces 7 Restaurant Less than 10% of GFA Dedicated to 1 bicycle space for 4.0 Restaurant every 20 auto spaces 1 bicycle space for 8 Food Markets 5.0 every 20 auto spaces Food Services, Take-Out (Max Seating 1 bicycle space for 9 5.0 Area 15% of GFA) every 20 auto spaces Furniture, Hardware and Household 1 bicycle space for10 2.0 Appliance Store every 20 auto spaces

Restaurant, Barstand and Other
Establishments For the Sale and 1 bicycle space for11 12.5 Consumption of Food and Beverages on every 20 auto spaces
the Premises1
Other Retail Sales and Service 1 bicycle space for12 2 5.0 Establishments (< 5,000 GFA) every 20 auto spaces
Refer to

13 Automobile Service Stations Section 18.62.070(J) 11 auto parking per 80 sf gfa for up to 4,000 sf, plus 1 per 100 sf for facilities over 4,000 sf. 21 auto space for each 200 sf gfa up to 5,000 sf plus 1 for each 150 sf gfa over 5,000 sf.

18.54 (3) ( Vista 01/10/2025)

Vista Municipal Code

Based on Dwelling Units, Unless Noted Otherwise

Residential Land Uses Automobile Parking Bicycle Parking
1 bicycle space for Hotels, Clubs and 1.0 14 every 20 auto Boardinghouses Room) spaces

Provided) 1 bicycle space for 1.5 0.25 16 Residential Hotel every 20 auto Room) Guest) spaces Multiple- Family Dwelling Units ( Rental) 0.33 1 bicycle space for 2.0 + Guest) every 5 auto spaces Studio 0.33 1 bicycle space for17A 1 Bedroom 2.0 + Guest) every 5 auto spaces 0.50 1 bicycle space for 2 Bedroom 2.0 + Guest) every 5 auto spaces 0.50 1 bicycle space for 3+ Bedroom 2.50 + Guest) every 5 auto spaces Multiple-Family Dwelling Units ( Attached for Sale) 0.33 1 bicycle space for 2.0 + Guest) every 5 auto spaces Studio 0.33 1 bicycle space for17B 1 Bedroom 2.0 + Guest) every 5 auto spaces 0.50 1 bicycle space for 2 Bedroom 2.0 + Guest) every 5 auto spaces 0.50 1 bicycle space for 3+ Bedroom 2.5 + Guest) every 5 auto spaces Detached Condominium 2.0 18 2.0 + N/A Housing Units1 Guest)

20 Semi-Rural Subdivisions3 2.0 + 2.5 (Guest) N/A 12 enclosed spaces in a garage, covered or garage space, plus 2 guest parking spaces. 22 covered and enclosed spaces in a garage for each dwelling unit, plus 2 open guest parking spaces. For new construction of one one-family dwellings 1,600 square feet on individual lots, property owners may choose whether to provide: either 2 enclosed spaces in a garage, or 2 cover spaces, or 2 open spaces, plus 2 open guest parking spaces. Guest spaces for one-family dwellings may be located in the driveway provided it is not shared with other units. 3Same as one-family dwellings plus, .5 open guest parking space for each residential unit proposed as part of a tentative map subdivision. To the extent feasible, additional off-street parking shall be provided in the form of parking pockets ( minimum 9 feet wide with parking spaces either parallel to the centerline of the street or perpendicular to the centerline of the street). Diagonal parking may be accepted as an alternative form of meeting the off- street parking standard.

18.54 (4) ( Vista 01/10/2025)

Vista Municipal Code

Based on 1,000 SF GFA, Unless Noted Otherwise

Automobile Office and Professional Land Uses Bicycle Parking Parking
1 bicycle space for General Business Offices ( Unless 21 3.8 every 20 auto Otherwise Specified Herein) spaces
1 bicycle space for

22 Medical and Dental Offices 4.5 every 20 auto spaces 1 bicycle space for 23 Other Professional Offices1 5.0 every 20 auto spaces 11 auto parking for each 200 sf gfa, up to 5,000 sf, plus 1 for each 250 sf gfa over 5,000 sf.

Based on 1,000 SF GFA, Unless Noted Otherwise

Automobile Industrial Land Uses Bicycle Parking Parking 1 bicycle space for 24 General Manufacturing1 1.33 every 20 auto spaces 1 bicycle space for 25 Research and Development2 3.33 every 20 auto spaces 1 bicycle space for Warehouse and Wholesale 26 1.0 every 20 auto Establishments3 spaces 11 auto parking for each 750 sf gfa, plus those that may be required for other uses (e.g., office, retail). 21 auto parking for each 300 sf gfa, plus those that may be required for other uses (e.g., office, retail). 31 auto parking for each 1,000 sf gfa (up to 20,000 sf) plus 1 for each 2,000 sf of gfa (for the next 20,000 sf), plus 1 for each 4,000 sf of gfa in excess of the initial 40,000 sf plus spaces that may be required for other uses ( e.g., office, retail)

Based on 1,000 SF GFA, Unless Noted Otherwise

Automobile Institutional Land Uses Bicycle Parking Parking
5.0 1 bicycle space Nursing Homes, Homes for Children, the 1,000 sf of 27 for every 20 auto Aged, Incapacitated and Sanitariums Patient Living spaces Area)
1 bicycle space 27 or Parking 28 High Schools, Colleges and Universities1 for every 20 auto Study* spaces
3.03 or 1 bicycle space

29 Day Care Centers and Nursery Schools Parking for every 20 auto Study* spaces Parking 1 bicycle space 30 Hospitals Study for every 20 auto Required* spaces

18.54 (5) ( Vista 01/10/2025)

Vista Municipal Code

1.5 ( 1 bicycle space 31 Elementary Schools Classroom) + for every 20 auto 6.0 spaces 1.5 ( 1 bicycle space 32 Junior High Schools Classroom) + for every 20 auto 12.0 spaces 1 1 for each 20 sf net floor area in lecture area and classrooms, plus 1 for each 200 sf net floor area in faculty and staff office space, plus 1 for each 300 sf net floor area in laboratory and maintenance facilities. 1.1Assumption used: 500 sf lecture area, 200 sf faculty and staff office space, 300 sf laboratory and maintenance facilities. Parking demand for these land uses could vary significantly, a parking study is recommended, to provide the right number of spaces, per City staff's discretion.

Based on Per Seat ( Fixed or Non-Fixed) Ratio, Unless Noted Otherwise

Automobile Public Assembly Land Uses Bicycle Parking Parking
1 bicycle space

33 Churches, Mortuaries and Funeral Homes 0.33 for every 20 auto spaces 1 bicycle space Lodges and Union Halls without Sleeping34 0.33 for every 20 auto Quarters spaces 1 bicycle space 35 Theaters, Auditoriums and Stadiums 0.2 for every 20 auto spaces

Based on 1,000 SF GFA, Unless Noted Otherwise

Automobile Public Facilities Bicycle Parking Parking 25.0 or 1.25 bicycle space 36 Amusement Centers Parking for every 20 auto Study* spaces 1 bicycle space for 37 Athletic and Health Clubs 7.0 every 20 auto spaces 5.0 1 bicycle space for Per Bowling38 Bowling Alleys every 20 auto Alley or spaces Lane) 1 bicycle space for 0.2539 Dance Halls1 every 20 auto Per Seat) spaces 1 bicycle space for 10.040 Golf Courses every 20 auto Per Hole) spaces 11 auto parking for each 4 fixed seats, plus 1 for each 40 sf of seating or assembly area without fixed seats, plus 1 for each 35 sf dance floor. Parking demand for these land uses could vary significantly, a parking study is recommended, to provide the right number of spaces, per City staff's discretion.

18.54 (6) ( Vista 01/10/2025)

Vista Municipal Code

Based on 1,000 SF GFA, Unless Noted Otherwise

Automobile Other Land Uses Bicycle Parking Parking 1 bicycle space 41 Contractor' s Storage or Equipment Yard 0.5 for every 20 auto spaces 1 bicycle space 42 Recreational Vehicle Storage Yard 0.2 for every 20 auto spaces 1 bicycle space 10.0 (Total 43 Car-Wash ( Not Self-Service) for every 20 auto Spaces) spaces 1.5 (Per 1 bicycle space 44 Car-Wash ( Self-Service) Washing for every 20 auto Bay) spaces 1 bicycle space 45 Lumberyards1 3.0 for every 20 auto spaces 3.0 + 0.2 (Per 1 bicycle space 46 Self-Storage Units 1,000 SF) or for every 20 auto Parking spaces Study 11 for each 500 sf of retail sales floor area, plus 1 for each 2,000 sf of storage yard area including storage buildings. Parking demand for this land use may vary significantly; a parking study is recommended to provide the right number of spaces, per City staff's discretion.

A. LAND USES NOT SPECIFIED: The parking requirement for uses, not specifically

listed in this section, shall be determined by the approval body for the proposed use on the basis of requirement for similar land uses. Traffic engineering and other planning data that are appropriate to the establishment of a minimum parking requirement may also be used. This criteria is intended to supplement the procedure set forth in Section 18.58.030 (clarification of use and regulation). B. GENERAL PROVISIONS: 1. Modification of Parking Standards. a. Variances. A variance may be granted from the requirements of this section in accordance with the provisions of Chapter 18.74 of this code. b. Special Use Permits. Any land use subject to the granting of a special use permit may have its parking requirements modified as an express condition of such a permit. c. Site Development Plan. Any land use or plot plan subject to the approval of a site development plan may have its parking requirements modified as an express condition of the approval of such a plan by the Planning Commission at a public hearing. d. Specific Plans. A project subject to a specific plan may have its parking requirements modified as a specific standard of the plan. e. School facilities that include ancillary facilities for public assembly such as gymnasium, sports arenas or stadiums, will provide additional parking spaces for such facilities in the amount of one space for each five seats or 25 square feet of seating area, whichever results in the greater number of parking spaces. Such additional parking may be permanent, or may be temporary; e.g. athletic fields or other on-site open areas suitable for

18.54 (7) ( Vista 01/10/2025)

Vista Municipal Code

parking on a temporary basis. This parking may also be provided with a reciprocal parking agreement( s) with nearby property in conformance with the provisions of Section 18.54.130. f. Bank, other financial institutions and retail commercial activities providing drive-through services for their clients or customers may be permitted to reduce the number of required off-street parking spaces by one for each four stacking spaces provided in drive- through service lanes. A “ stacking space” shall be defined as an unobstructed space in a drive-through lane measuring not less than ten feet by 18 feet, intended as a motor vehicle waiting space. g. The number of required parking spaces in a parking facility serving more than one commercial land use shall be determined in accordance with Section 18.54.110 hereof. h. Building complexes or shopping centers permitting restaurants, theaters, physical fitness centers ( health clubs), and other establishments for the sale and consumption of food and beverages on the premises, or other group assembly activities, shall limit such activities to not more than 33 percent of the gross floor area of such complex without providing additional off-street parking. Should such complexes ( facilities) wish to exceed the specified limitation on floor area, additional on-site parking shall be provided at the same ratio of parking spaces to floor area as would be required if the activity( ies) were in a separate facility as specified herein. Any eating/ dining establishment with less than 15 percent of the gross floor area of a complex may be computed as other retail sales, or as may be appropriate for a shopping center or building complex. i. Parking spaces in a Multiple- Family Residential ( RM) zone, covered or open, shall not be rented or leased separately from a residential unit(s): 1) One covered, or covered and enclosed ( garage) parking space shall be specifically assigned to each dwelling unit. 2) All other open parking spaces shall be available, on an equal basis, for use by any residential unit resident or visitor. ( NOTE: This standard shall only be applicable to those developments constructed prior to June 25, 1991.) 3) One additional open, and/or covered ( carport or garage), parking space shall be specifically assigned to each dwelling unit for use by the resident or his visitor for those units containing more than two bedrooms. ( NOTE: This standard shall only be applicable to those developments constructed after June 25, 1991.) 4) The remaining open parking spaces shall be made available for resident or guest parking on an equal basis. 5) Deviations from these requirements may be permitted by the Planning Commission subject to their approval of a site development plan or a special use permit at a noticed public hearing. However, in no case shall a reduction of guest parking of more than 50% be permitted. Prior Code Appendix A 1904; Ord. No. 1991-15, Amended, 06/25/91; Ord. No. 1997-6, Amended, 2/25/97; Ord. No. 2007-12, Amended, 8/14/07; Ord. No. 2016-20, Amended, 1/13/17; Ord. No. 2020-1, Amended, 1/14/20; Ord. No. 2024-15, Amended 12/10/2024)

Section 18.54.060 Changed or Converted Uses

Any portion of any lot, building or building site providing off-street parking may be altered,

changed or converted for any other purposes if the required number of parking spaces is first provided elsewhere in full compliance with this chapter. Unless the driveway serving the old facility is used as the driveway for the new parking facility, it shall be removed and the curb shall be closed at the expense of the property owner. Prior Code Appendix A 1905)

18.54 (8) ( Vista 01/10/2025)

Vista Municipal Code

Section 18.54.070 Loading Space Requirements

A. Office, Commercial and Industrial Uses. All office, commercial and industrial uses

shall be provided with not less than one loading space for each lot or building site, plus one additional loading space for each additional 20,000 square feet of gross floor area in excess of 10,000 square feet of gross floor area. B. Such loading spaces shall conform to the following standards: 1. Office Uses. At least ten feet by 20 feet in size; 2. Light Commercial ( 2,000 Square Feet Gross Floor Area or Less). 12 feet by 25 feet in size; 3. Heavy Commercial ( Over 2,000 Square Feet Gross Floor Area). 12 feet by 45 feet in size; 4. Industrial. 12 feet by 45 feet in size; and 5. Location. All loading areas shall be located so that safe, unobstructed and continuous access thereto is provided, and vehicles are not permitted to protrude into or obstruct any public right-of-way. B. Multiple Dwellings. All multiple dwelling uses shall be provided with not less than one loading space for each 25 required parking spaces, but in no case shall less than one such space be provided. Such loading spaces shall be not less than ten feet by 20 feet in size, and be located to allow for use thereof by residents for loading and unloading purposes. C. Modification of Requirements. When the proposed use is to utilize a public alley, private easement or driveway for loading, unloading and service entrance purposes, the Director of Planning may decrease the requirements set forth in this section if he finds that such utilization will not obstruct, block or prevent one-way vehicular passage in the alley, easement or driveway, and the modified requirements will be sufficient for the loading and unloading necessities of the proposed use. Prior Code Appendix A 1906)

Section 18.54.080 Bicycle Parking/ Storage Requirements

A. Any facility or activity/ use established in any zoning district other than residential zones or areas within specific plans designated for residential uses shall provide bicycle parking/storage spaces at the ratio of one such space for each 20 automobile spaces. This ratio shall be increased to one bicycle parking/ storage space for each ten vehicle parking spaces required for non-residential portions of mixed use developments, including any parking spaces shared by the residential and non-residential uses. B. Multi-family residential uses shall provide bicycle storage spaces at a ratio of one such space for each five dwelling units which do not have a private garage. This requirement shall apply to developments in multi-family zones, areas of specific plans designated for multi- family residential uses, and residential portions of mixed use developments. C. Bicycle parking/storage spaces required by subsection A above may be racks or storage lockers that provide the user with a means to adequately secure a bicycle, and shall be placed in a location that permits easy surveillance by law enforcement and/or security personnel. Bicycle storage spaces required by subsection B above shall be fully enclosed individual storage lockers, or shall be within an enclosed structure provided with security cameras and having access limited to only those persons living in the development. Prior Code Appendix A 1906.1; Ord. 2015-2, Amended, 1/27/15)

18.54 (9) ( Vista 01/10/2025)

Vista Municipal Code

Section 18.54.090 Motorcycle Parking Requirements

For all projects having greater than 100 parking spaces, one space per hundred may be

reduced in size to accommodate motorcycles. The space shall have a minimum width of five feet and depth of eight feet and shall have direct access to a driveway and be marked “ Motorcycle Parking.” Prior Code Appendix A 1906.2)

Section 18.54.100 One-Family and Two-Family Dwellings

Paved parking spaces shall be located on the same lot or building site as the use they are

required to serve. Open parking spaces may be located anywhere on the lot or building site where a main or accessory building is permitted. Except, they shall not be located in a required front- yard or other required setback from a public or private street unless allowed by the Development or Municipal Codes, including without limitation Sections 16.57.090 and 18.54.105 of the Zoning Code. Prior Code Appendix A 1907; Ord. No. 1997-3, Amended, 1/28/97; Ord. No. 2024-04, Amended 4/9/2024)

Section 18.54.105 Supplemental Parking Space for One-Family and Two-Family Dwellings

Property owners of one-family and two-family dwellings may construct one supplemental parking space within a required front-yard or other required setback from a public or private street, subject to the following requirements: A. The supplemental parking space shall be located immediately adjacent to the required driveway for the residential dwelling, and between the driveway and the closest side lot line. B. The supplemental parking space shall be permanently constructed using a pavement section of not less than four inches of P.C.C. (Portland Cement Concrete) on native soil, or two inches of A.C. (Asphaltic Concrete) over six inches of D.G. (Decomposed Granite), or as determined by Section 16.57.090.D of the Zoning Code. The construction materials for the supplemental parking space shall match the existing material of the required driveway. C. The addition of the supplemental parking space shall not result in a total curb cut exceeding forty (40) percent of the street frontage. D. Vehicles parked on the required driveway or supplemental parking space shall remain perpendicular to the public or private street fronting the lot. Angled parking or parallel parking to the street is prohibited. E. The Director may grant exceptions to the above requirements through approval of a zoning clearance pursuant to Chapter 18.71 of the Zoning Code. Such determinations are ministerial and not appealable. Exceptions shall not be granted unless it is found: 1. There are special circumstances or conditions applicable to the property involved that would make strict application of the supplemental parking requirements infeasible or impractical; and 2. The alternative design, location and size of the supplemental parking space will not adversely affect: ( i) the health, safety or general welfare of persons residing or working in the vicinity; or (ii) property or improvements in the vicinity. Ord. No. 2024-04, 04/09/2024)

18.54 (10) ( Vista 01/10/2025)

Vista Municipal Code

Section 18.54.110 Determining Parking Space Requirements for Mixed Uses

In the event that there is more than one use on a lot or building site, the total number of

required parking spaces shall be the sum of the requirements for the individual uses computed separately. Parking spaces for one use shall not be considered as providing required parking spaces for any other use, except as provided in Sections 18.54.130 or 18.54.140. In the case of a lot or building site zoned Mixed-Use (MU), the total number of required parking spaces for the lot or building site shall be as stated in Chapter 18.35 of the Vista Development Code ( MU Mixed Use Zone). Prior Code Appendix A 1908; Ord. No. 2016-20, Amended, 12/13/16)

Section 18.54.120 Development Standards

Any facility ( multi-family residence( s), professional, commercial or industrial) where parking is provided for residents, clients or customers, guest or employees shall conform with the standards and guidelines set forth herein as they apply to the development of off-street parking. Accessible Parking” as it is used in this section refers to “ Parking for Physically Disabled Persons.” A. Parking Spaces and Circulation. 1. Dimensions. a. Parking spaces and circulation aisles shall have minimum unobstructed dimensions determined in accordance with the parking angle of the parking spaces utilized, as set forth in Table 18.54.120.A, unless otherwise specified. b. The parking space envelope shall not be less than nine ( 9) feet by nineteen ( 19) feet in size. Open parking spaces shall be marked, using two 4 inch strips separated by 10 inches, for a total width of 18 inches, and joined by a semi-circular arc at the incoming end so as to form an elongated “ U” with all markings to be continuous, as depicted in Figure 18.54.210.A. 2. Marking. All required open parking spaces shall be clearly delineated on the surface of the parking area with paint or other easily distinguished material as illustrated by Figure 18.54.210 (A), unless otherwise specified. 3. On-Site Circulation Requirements. Vehicle aisles shall be designed to ensure that movement of motor vehicles from one vehicle aisle to another does not require leaving the lot or building site upon which the parking spaces are located, and no cross- traffic shall be permitted through parking spaces. No parking space shall be situated in such a location that a backward movement across any public right-of-way is required for exiting a parking space. 4. Private Driveways. Private driveway width, slope and paving standards shall conform with the provisions of Chapter 16.57 of this code. 5. Transverse Slope. The transverse slope, or cross-fall of individual parking stalls shall not exceed five percent, with the exception of accessible parking spaces which shall not exceed 2.083 percent.

18.54 (11) ( Vista 01/10/2025)

Vista Municipal Code

TABLE 18.54.120A

PARKING LOT DIMENSIONS AND AREA REQUIREMENTS

18.54 (12) ( Vista 01/10/2025)

Vista Municipal Code

FIGURE 18.54.210.A

PARKING LOT DIMENSIONS AND AREA REQUIREMENTS

18.54 (13) ( Vista 01/10/2025)

Vista Municipal Code

6. Vehicle Barriers.
   a. All parking spaces located at the outside border of a parking area

and not separated by a fence or wall from any abutting property line, street or alley, shall be provided with securely installed and maintained wheel-stops of concrete (PCC). Said wheel-stops shall be not less than six inches in height and four feet in length, located not less than 2.5 feet from such property line. b. Where continuous concrete curbs ( not less than six inches in height) are provided as a barrier or divider between a paved area and a landscaped area, the wheel stops required by Subsection A above may be omitted. c. The wheel stops shall be omitted or marked if the City Planner finds that the omission or marking will ensure pedestrian safety. 7. Screening and Permitted Parking Areas. Parking areas shall be located and screened so that parked motor vehicle( s) present the least possible exposure to public view. This may be done by providing landscape screening, by placing the parking areas at the rear of buildings or behind architectural features, or by utilizing natural topography or planned grading to create parking areas which are below or above adjacent street and property grades. Specific parking screening requirements are as follows: a. In detached single- family residential zoning districts, the parking or storage of any motor vehicle, as defined in the California Vehicle Code (“ CVC”), Sections 362 House Car), 415 ( Motor Vehicle) and 670 ( Vehicle), or any camp trailer, camper or trailer as defined in Sections 242 ( Camp Trailer), 243 (Camper) and 630 ( Trailer), 635 ( Trailer Coach) or any camper shell or boat, or any vehicle parts or vehicle related equipment on any lot is permitted only in the following areas: 1) When screened from public view by a solid fence or wall not less than six feet in height; 2) In a parking area approved by the City as part of a development approval process or in a supplemental parking space pursuant to Section 18.54.105 of the Zoning Code; 3) On the portion of the lot or parcel that is behind a line which extends from the portion of the main structure nearest the front property line to the side lot lines, which is parallel to the front property line, and which does not abut a public or private street; 4) The parking of operable motor vehicles, as defined by CVC Sections 465, 630, 242, 362, or 471 (Pickup Truck) is permitted where otherwise not allowed by this section, upon a paved driveway ( not more than 24 feet in width) connecting a carport or garage with a public or private street. For the purposes of this section, “ paved” driveway shall mean a pavement section of not less than four inches of P.C.C. (Portland Cement Concrete) on native soil, or two inches of A.C. ( Asphaltic Concrete) over six inches of D.G. ( Decomposed Granite), or as determined by Section 16.57.090.D of the Vista Development Code. b. Every parking area abutting property located in an A, E, R or O zoning district or abutting property designated ( SP) shall be blocked from view from such property by a concrete block or masonry wall with ornamental features, not less than six feet in height measured from the grade of the finished surface of such parking area closest to the abutting A, E, R, O, or (SP) zoned or designated property, provided that, if such parking area is below, but less than six-feet below the elevation of the abutting A, E, R, O, or ( SP) zoned or designated property, at the common property line, such wall shall be not less than six feet in height from the existing grade of the abutting property at such line; and provided further, that within any required front yard or side street side yard, or within ten feet of any alley-line, such wall shall not exceed a height of three feet. c. Every parking area in a multi- family residential or O-P zone which is so located that it abuts a required yard abutting a street shall be blocked from view from the public right-of-way by a concrete block or masonry wall with ornamental features, not less than

18.54 (14) ( Vista 01/10/2025)

Vista Municipal Code

42 inches in height at the rear line of the required yard. d. Exemptions to Divisions b and c above of this subsection are: 1) No such wall need be provided wherever the elevation of that portion of the parking area abutting property located in the A, E, R, or O zones are abutting property designated ( SP), or is six feet or more below the elevation of the abutting property at the common property line. 2) No such wall need be provided along a side property line when the side yard is used for access to a parking area if the abutting property is in the same zone, provided a landscaping area at least five feet in width is installed abutting the property line in-lieu thereof. Such a landscaped area shall be planted with trees and shrubs of a size, and in such a manner, that they will provide a screening effect in conformance with the provisions of this section. B. Accessible Parking Required. Accessible Parking ( formerly known as handicapped or disabled) shall conform with the California Code of Regulations, Title 24, State Building Code (“ SBC”), Chapters 31 and 71 (portions of which are included herein), and such other standards as may be set forth herein. Chapters 31 and 71 of the SBC should be consulted for a more complete listing of the standards for parking and site development, as they relate to Accessibility.” Where there is a conflict between said code sections and this section, the more restrictive shall take precedence. 1. General. Each lot or parking structure where parking is provided for the public as residents ( of multi-family housing) clients, guest or employees, shall provide accessible parking as required by this subsection. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances. Table No. 18.54.120.B establishes the number of accessible parking spaces required.

TABLE 18.54.120.B -- SPACED REQUIRED
The following table establishes the number of accessible parking spaces required.
Total Number of Parking Spaces In Minimum Number of Accessible
Lot or Garage Parking Spaces Required*
1 – 25 1
26 – 50 2
51 – 75 3
76 - 100 4
101 - 150 5
151 - 200 6
201 - 300 7
301 - 400 8
401 - 500 9
501 - 1,000 2 percent of total
1,001 and over 20 plus 1 for each 100, or fraction
thereof over 1,001
See Subsections 2 and 3.a & b below.

2. Less than five parking spaces. When less than five parking spaces are

provided at buildings and facilities subject to these regulations, one shall be 14 feet wide and lined

18.54 (15) ( Vista 01/10/2025)

Vista Municipal Code

to provide a nine foot wide parking area and five foot wide loading and unloading area. However, there is no requirement that the space be reserved exclusively or identified for use by persons with disabilities only. 3. Parking Space Size. Accessible parking spaces shall be located as near as practical to a primary entrance and shall be sized as follows: a. Where single spaces are provided, they shall be 14 feet wide and outlined to provide a nine foot wide parking area and a five foot wide loading and unloading access aisle on the passenger side of the vehicle. When more than one space is provided in-lieu of providing a 14 foot wide space for each parking space, two spaces can be provided within a 23 foot wide area lined to provide a nine foot wide parking area on each side of a five foot wide loading and unloading access aisle in the center. The minimum length of each parking space shall be 19 feet. See Figure No. 18.54.120.B b. One in every six accessible spaces, but not less than one, shall be served by an access aisle eight feet wide minimum, and shall be designated van accessible as required by Section 18.54.120.B.8.b. All such spaces may be grouped on one level of a parking structure. 4. Medical care outpatient facilities. At facilities providing medical care and other services for persons with mobility impairments, parking spaces complying with this section shall be provided in accordance with Table 18.54.120.B, except as follows: a. Outpatient units and facilities: ten percent of the total number of parking spaces provided serving each such outpatient unit or facility. b. Units and facilities that specialize in treatment or services for persons with mobility impairments: 20 percent of the total number of parking spaces provided serving each unit or facility.

18.54 (16) ( Vista 01/10/2025)

Vista Municipal Code

18.54 (17) ( Vista 01/10/2025)

Vista Municipal Code

18.54 (18) ( Vista 01/10/2025)

Vista Municipal Code

5. Arrangement of parking space( s). In each parking area, a bumper or curb

stop shall be provided and located to prevent encroachment of cars over the required width of walkways. Also, the space shall be so located that persons with disabilities are not compelled to wheel or walk behind parked cars other than their own. Pedestrian walkways which are accessible to persons with disabilities shall be provided from each parking space to related facilities, including curb cuts or ramps as needed. Ramps shall not encroach into any parking space. EXCEPTIONS: a. Ramps located at the front of accessible parking spaces may encroach into the length of such spaces when such encroachment does not limit the capability of a person with a disability to leave or enter a vehicle, thus providing equivalent facilitation. See Figure No. 18.54.120.B. b. Where the enforcing agency determines that compliance with any regulations of this subsection would create an unreasonable hardship, a variance or waiver may be granted when equivalent facilitation is provided. c. Parking spaces may be provided which would require a person with a disability to wheel or walk behind other accessible parking spaces when the enforcing agency determines that compliance with these regulations or providing equivalent facilitation would create an unreasonable hardship. 6. Slope of parking space. Surface slopes of accessible parking spaces shall be the minimum possible and shall not exceed ¼ inch per foot ( 2.083 percent gradient) in any direction. 7. Sidewalks/ walkways and curb ramps. Sidewalks, walkways and curb ramps shall be constructed where necessary to provide accessibility for persons with disabilities. Said ramps shall conform with the standards and requirements set forth herein. Additional information may be obtained from Chapters 31 and 71 of the SBC. a. Sidewalks and/or walkways. Sidewalks and walkways serving accessible parking areas shall not be less than four feet in unobstructed width. No such sidewalk or walkway shall exceed a slope of 1 vertical to 12 horizontal. b. Width of curb ramps. Ramps shall be a minimum of four feet in width and shall lie, generally, in a single sloped- plane, with a minimum of surface warping and cross slope. c. Slope of curb ramps. The slope of ramps shall not exceed 1 vertical to 12 horizontal. The slope of the fanned or flared ramps shall not exceed 1 vertical to 8 horizontal. d. Level landing. A level landing four feet deep shall be provided at the upper end of each ramp over its full width to permit safe egress from the ramp surface, or the slope of the fanned or flared sides of the ramp shall not exceed 1 vertical to 12 horizontal. e. Finish. The surface of each curb ramp shall be slip resistant and shall be of contrasting finish from that of the adjacent sidewalk. f. Directional grooves. The surface of each ramp located in the center of a curb return shall be grooved parallel to the center line of crosswalks, typically in two directions with ¼ inch by ¼ inch grooves approximately 1½ inches on center. g. Border. All curb ramps shall have a grooved border 12 inches wide at the level surface of the sidewalk along the top and each side approximately ¾ inch on center. All curb ramps constructed between the face of the curb and the street shall have a grooved border at the level surface of the sidewalk. 8. Identification of parking spaces for off-street parking facilities. a. Each parking space reserved for persons with disabilities shall be identified by a reflectorized sign permanently posted immediately adjacent to and visible from each stall or space, consisting of a profile view of a wheelchair with occupant in white on a dark blue background. The sign shall not be smaller than 70 square inches in area and, when in a

18.54 (19) ( Vista 01/10/2025)

Vista Municipal Code

path of travel, shall be posted at a minimum height of 80 inches ( 6.67 ft.) from the bottom of the sign to the parking space finished grade. Signs may also be centered on a wall at the interior end of the parking space at a minimum height of three feet from the parking space finished grade, ground or sidewalk. b. Spaces complying with Section 18.54.120.B.3.b shall have an additional sign stating “ Van-Accessible” mounted below the symbol of accessibility. c. An additional sign(s) shall also be posted in a conspicuous place at each entrance to off-street parking facilities, or immediately adjacent to and visible from each stall or space. The sign shall not be less than 17 inches by 22 inches in size with lettering not less than one-inch in height, which clearly and conspicuously states the following:

Unauthorized vehicles parked in designated accessible spaces not
displaying distinguished placards or license plates issued for persons with
disabilities may be towed away at owner’s expense. Towed vehicles may be
reclaimed at _______________ or by telephoning ________________.”
Blank spaces are to be filled in with appropriate information as a permanent
part of the sign.

d. In addition to the above requirements, the surface of each

accessible parking space or stall shall have a surface identification duplicating either of the following schemes. 1) By outlining or painting the stall or space in blue and outlining on the ground in the stall or space in white or suitable contrasting color a profile view depicting a wheelchair with occupant; or 2) By outlining a profile view of a wheelchair with occupant in white on blue background. The profile view shall be located so that it is visible to a traffic enforcement officer when a vehicle is properly parked in the space and shall be 36 inches high by 36 inches wide. 9. Parking structures. All entrances to and vertical clearances within parking structures shall have a minimum vertical clearance of eight feet two inches where required for accessibility to accessible parking spaces. 10. Passenger drop-off and loading zones. When provided, passenger drop- off and loading zones shall be located on an accessible route of travel. a. General. Where provided, one passenger drop-off and loading zone shall provide an access aisle at least five feet wide and 20 feet long adjacent and parallel to the vehicle pull-up space. Such zone shall be located on surface with a slope not exceeding one vertical in 50 horizontal. If there are curbs between the access aisle and the vehicle pull-up space, a curb ramp shall be provided. b. Vertical clearance. Provide minimum vertical clearance of 9 ½ feet at accessible loading zones and along at least one vehicle access route to such areas from site entrances and exits. c. Valet Parking. Valet parking facilities shall provide a passenger loading zone complying with Subsection 1 above and shall be located on an accessible route to the entrance of the facility. The parking space requirements of Section 18.54.120.D apply to facilities with valet parking. 11. Variances. A variance from the provisions of Subsection 18.54.120.D may be granted in accordance with the provisions of Chapter 18.74 of this code where equivalent facilitation is provided.

18.54 (20) ( Vista 01/10/2025)

Vista Municipal Code

12. Exceptions: a. Where the enforcing agency determines that compliance with

18.54.120.B would create an unreasonable hardship, an exception may be granted when equivalent facilitation is provided. b. This section does not apply to existing buildings where the enforcing agency determines that, due to legal or physical constraints, compliance with regulations or equivalent facilitation would create an unreasonable hardship. Prior Code Appendix A 1909; Ord. No. 1995-13, Amended, 11/14/95; Ord. No. 1997-3, Amended, 01/28/97; Ord. No. 2016- 20, Amended, 12/13/16; Ord. No. 2017- 17, Amended, 10/24/17; Ord. No. 2020- 1, Amended, 1/14/20; Ord. No. 2024-04, Amended 4/9/24)

Section 18.54.130 Reciprocal Parking Facilities

A. Definition. For the purpose of this section, “ reciprocal parking facilities” means a single parking facility utilized by two or more land uses which experience their most intense periods of use or activity at different times during a 24 hour period or on different days of the week or month. B. Authorization. Subject to the conditions set forth in Subsection C of this section, the Planning Commission may, upon application by the owner or lessee of any property, authorize the reciprocal use of parking facilities provided to serve any other property or use, to satisfy the requirements of this chapter with respect to the applicant’ s property and uses thereon, in accordance with the provisions of this section. 1. Up to 50 percent of the number of parking spaces required by this chapter for a daytime use may be provided by the parking spaces provided for a nighttime or Sunday use, and up to 50 percent of the number of parking spaces required by this chapter for a nighttime or Sunday use may be provided by the parking spaces provided for a daytime use. 2. Up to 50 percent of the number of parking spaces required by this chapter for a church or an auditorium incidental to a school may be provided by the parking spaces provided for a daytime use. 3. The Planning Commission shall determine which uses are daytime uses and which uses are nighttime uses on the basis of evidence of hours of operation and times of the day when motor vehicle traffic requires parking spaces with respect to the various uses for which joint use is requested. C. Conditions Required for Reciprocal Use. 1. The building or use for which application is being made for permission to utilize the parking spaces provided for another building or use shall be located within 150 feet of such parking spaces, provided however, the Planning Commission or City Council upon appeal by a four-fifths vote, may extend this distance under reasonable circumstances, provided that they make the finding that the extended distance is consistent with the purpose of this section. Under no conditions, shall the distance be extended more than 300 feet from the building or use in question. 2. The applicant shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of parking is proposed. 3. The applicant shall furnish a recordable instrument, approved by the City Attorney, guaranteeing the use of such parking spaces for the benefit of the applicant’ s property and the uses thereon for the duration of any uses which require that such parking facilities be provided. Upon the approval of the request for reciprocal parking by the Planning Commission or City Council, such instrument shall be recorded in the Office of the County Recorder; provided, however, the Planning Commission or City Council upon appeal by a four-fifths vote may waive the requirement for recordation if it is found that such recordation is not necessary and would be detrimental to the interest of the concerned parties and the City. The instrument providing for the

18.54 (21) ( Vista 01/10/2025)

Vista Municipal Code

reciprocal parking shall state that it may be terminated only with the consent of the City or, in addition, it shall provide that the owner of the property burdened by the reciprocal parking requirement may terminate the reciprocal parking requirement by giving notice, in writing, at least 60 days prior to the termination date, to the owner, as shown on the last available county tax or assessment records, of the property benefiting from the reciprocal parking and to the lessee or business operator of the benefited property, if known, and to the City. C. Joint Driveways. The joint use of abutting traversable driveways on abutting properties is permitted to satisfy the driveway requirements of Section 18.54.120 if a recordable instrument conveying right of joint use, stating that it is terminable only with the consent of the City, approved by the City Attorney, is furnished and recorded in the Office of the County Recorder. Such driveways are exempted from the requirements for a landscaped screening area. D. Appeal. An appeal to a decision of the Planning Commission granting, granting subject to specified conditions, or denying a request for reciprocal parking may be filed with the City Council ( Board of Appeals) in accordance with the provisions of Sections 18.74.180 through 18.74.240. The City, in addition to those persons authorized to appeal by the referenced sections, those property owners and/or business owners who may be directly affected by the approval of a reciprocal parking request may appeal any such decision. Prior Code Appendix A 1910)

Section 18.54.140 Modification of Certain Off-Street Parking Requirements by Special or Minor Use Permit

A. Use of common parking facilities. 1. For purposes of this section, “ common parking facility” means a single off-street parking facility which may be utilized by two or more commercial, businesses or professional land use activities having the same, or closely related hours of operation or activity. 2. Where the total number of parking spaces required for each individual use under the provisions of this chapter exceed 15 spaces, two or more commercial, business or professional land use activities may comply with parking requirements of this chapter through a common parking facility. A common parking facility may be approved upon application for, and the granting of a special use permit pursuant to Chapter 18.74 of this code. Where a special use permit for a common parking facility is approved, the total number of combined parking spaces required by this chapter for each included individual use may be reduced by up to 15 percent of the total otherwise required. B. Reserved parking spaces. The designation of reserved parking spaces within a common parking facility required by the provisions of this chapter is specifically prohibited. Prior Code Appendix A 1911; Ord. No. 1994-12, Amended, 04/26/94)

Section 18.54.150 Parking Standards for Industrial Developments

A. Industrial developments employing more than 20 employees on the same shift may

utilize the following standards for parking space/ stall dimensions in the design and development of required parking facilities. All other standards set forth in this chapter shall remain applicable. 1. Not less than 15 percent of the required parking spaces shall be not less than nine by 19 feet clear, including those designated for visitors only (short-term) parking. 2. 60 percent of the required parking spaces shall be not less than eight and one-half by 19 feet clear and shall be designated for employee only parking. 3. 25 percent of the required parking spaces shall be not less than eight and one-half by 16½ feet clear, for compact automobiles only, and shall be designated for employees only.

18.54 (22) ( Vista 01/10/2025)

Vista Municipal Code

B. Note: It may be desirable to reduce the traffic aisle width of compact parking areas

to 22 feet with 90 degree parking, or less, to deter larger vehicles from parking in the spaces. Prior Code Appendix A 1911.6)

Section 18.54.160 General Parking Lot Modification

Prior Code Appendix A 1911.7; Ord. No. 1994-12, Repealed, 04/26/94)

Section 18.54.170 Commercial Vehicles

In addition to the parking stalls required by the schedules set out in Section 18.54.050 for owners, occupants, employers, customers or visitors of structures and uses requiring such, one parking stall shall be provided for each commercial vehicle used in connection with the operation of any structure or use. Parking stalls for such accessory vehicles shall be provided within an open or enclosed parking facility on the same lot as the structure or use to which the vehicles are accessory. Prior Code Appendix A 1911.8)

Section 18.54.180 Illumination Requirements

A. Every lot or building site, or portion thereof, used as a public or private parking

area serving a commercial or public assembly use shall be illuminated during the hours of operation of the use which occurs during darkness, as defined in Section 280 of the California Vehicle Code, in such a manner that any point on the pavement surface in such area is illuminated at not less than one footcandle. B. Every lot or building site, or portion thereof, used as a parking area serving a multiple dwelling, shall be illuminated during the hours of darkness, as so defined, in such a manner that any point on the pavement surface in such area is illuminated at not less than 0.25 footcandle. C. All lighting of parking areas shall be hooded and directed to reflect away from adjoining properties. Prior Code Appendix A 1912) Section 18.54.190 Parking Enforcement - Statutory Authority A. Every private road and parking facility in a private residential development, shopping center and any other development jointly recommended by the Director of Planning and Code Enforcement Supervisor which is approved by the Planning Commission and/or City Council shall be subject to the provisions of the California Vehicle Code and enforced by the City in accordance with Sections 21107. 5, 21107. 6, 21107. 8 and 21111 thereof. B. Parking in spaces designated for disabled persons shall be subject to the provisions of Sections 21107.8 and 22507.8 of the California Vehicle Code. Said sections provide for the public enforcement of parking in such spaces without the enactment of an ordinance or resolution regarding such. C. Where private roads and parking facilities are made subject to public parking and traffic enforcement in accordance with the provisions of this section, it shall be the responsibility of the property owner to comply with the applicable provisions of the California Vehicle Code concerning the posting of a notice that such facility is subject to public traffic regulations and control. Failure to comply with such requirement shall constitute a violation of the zoning ordinance and be subject to the provisions of Chapter 18.82. Prior Code Appendix A 1913)

18.54 (23) ( Vista 01/10/2025)

Vista Municipal Code

Chapter 18. 56

Water Efficient Landscaping

Sections:

18. 56. 010 Purpose
19. 56. 020 Interests Served
20. 56. 030 Findings
21. 56. 040 Definitions
22. 56. 050 Applicability
23. 56. 060 Exemptions
24. 56. 070 Landscape Manual and Approval18. 56. 080 Landscape Documentation Package; Processing Requirements
25. 56. 090 Wastewater Prevention
26. 56. 100 City's Right to Inspect
27. 56. 110 Performance and Payment Guarantee
28. 56. 120 Fees
29. 56. 130 Compliance with the California Water Commission Model Ordinance

Section 18. 56.010 Purpose

The State Legislature determined in the Water Conservation in Landscaping Act of 2006

the " Act "), Government Code Sections 65591 et seq., that the state' s water resources are in limited supply. The Legislature also recognized that while landscaping is essential to the quality of life in California, landscape design, installation, maintenance and management must be water efficient. The purpose of this chapter is to establish water use standards, which implement the requirements of the Act in order to: A. Promote the values and benefits of landscape practices that integrate and go beyond the conservation and efficient use of water;

and B. Establish a structure for planning, designing, installing, maintaining,

managing water efficient landscapes; C. Encourage the use, when available, of tertiary treated recycled /reclaimed water; D. Use water efficiently and without waste by setting a Maximum Applied Water Allowance ( MAWA) as an upper limit for water use and reduce water use for landscaping to the lowest practical amount; E. Encourage the modification of existing landscapes in order to reduce the amount of water used for irrigation purposes. ( The City acknowledges that modification may require up- front financial investment by property owners. However, this investment is intended to be recovered over time due to the reduction in water use that leads directly to a reduction in cost associated with that use.); and F. Promote coordination among local jurisdictions and agencies relating to the efficient use of water. Prior Code Appendix A 2000; Ord. No. 97 -8, Amended, 04/ 08/ 1997; Ord. No. 2011 - 2, Repealed and Replaced, 2/ 22/ 2011; Ord. No. 2015 - 24, Amended, 12/ 8/ 15)

Section 18. 56.020 Interests Served

This chapter seeks to advance the following goals without permitting a violation of any

other lawful ordinance or state law:

18. 56( l) ( Vista 1/ 8/ 16)

Vista Municipal Code

A. Advance the goals and policies of the General Plan and Development Code; B. Ensure that required landscaped areas are well integrated into the design of development projects at the earliest possible developmental stage; C. Promote sound design practices and ensure that landscaped areas within the city will be maintained in a healthy and thriving condition; D. Promote landscaping which will facilitate best management practices ( BMPs) for storm water management in connection with new and established landscape areas; E. Preserve water resources by requiring water conservation methods to be implemented in the design, development, and maintenance of landscaped areas; F. Provide the property owner, builder, or developer with as much latitude as possible when designing, installing, and maintaining the required landscaping while still adhering to applicable provisions of the Act; G. Establish landscape design and development standards and suggest plant materials appropriate to develop consistent and high quality landscaping throughout the city; H. Prevent the loss of topsoil via erosion and subsequent siltation of streams, channels, estuaries, or lagoons; I. Require the use of drought tolerant plant materials and water efficient irrigation methods in new development and encourage their use when replacing existing landscaped areas; and J. Encourage the recognition and retention of existing landform, topography, and native vegetation in project design to the maximum extent possible. Prior Code Appendix A 2000; Ord. No. 97 -8, Amended, 04/ 08/ 1997; Ord. No. 2011 - 2, Repealed and Replaced, 2/ 22/ 2011)

Section 18. 56.030 Findings

Prior to the adoption of this ordinance, a report was prepared assessing the

conservation effects of the ordinance. Based on that report, and the evidence contained therein, the City Council, in adopting this ordinance, has determined and found that the water conservation that would be achieved through the adoption of this ordinance was at least equivalent to the conservation that would be achieved through the adoption of the model ordinance developed by the Department of Water Resources. Prior Code Appendix A 2000; Ord. No. 97 -8, Amended, 04/ 08/ 1997; Ord. No. 2011 - 2, Repealed and Replaced, 2/ 22/ 2011)

Section 18. 56.040 Definitions

For the purposes of this chapter, certain terms, words, and phrases used in this chapter and in the landscape manual, shall be defined as follows: Applied water" means the portion of water supplied by the irrigation system to the landscape. Automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system. The controller( s) shall schedule irrigation events using either evapotranspiration ( ETo) ( weather- based) or moisture sensor data. Backfill" means soil which is replaced in a hole after excavation and placement of irrigation lines and /or plant materials. Backflow Prevention Device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. Building permit" means a permit to engage in a certain type of construction on a specific location.

18. 56( 2) ( Vista 1/ 8/ 16)

Vista Municipal Code

Certificate of completion of landscape installation" means a letter prepared by the project landscape architect certifying that he /she has observed the installation of the irrigation and planting and that it has been installed per the approved landscape construction plans. Certified Landscape Irrigation Auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U. S. Environmental Protection Agency' s Watersense irrigation auditor certification program and Irrigation Association' s Certified Landscape Irrigation Auditor program. Check Valve" or " Anti -drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. Compost" means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth. Conceptual landscape plans / documents" mean rendered plans graphically identifying, by symbol or call -out, the quantity and location of plant species and hardscape areas proposed for a project site. Conversion Factor ( 0. 62)" means the number that converts acre - inches per acre per year to gallons per square foot per year. Cool season grasses" mean turf that remains green in the winter months. Cool season grasses include, among others, annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue. Covered project" means a project described in Section 18. 56.050, excluding those projects listed in Section 18. 56. 060. Director" has the meaning set forth in Chapter 18. 02 of the Vista Development Code. Discretionary permit" means any permit requiring a decision making body to exercise judgment prior to its approval, conditional approval or denial. Distribution Uniformity" means the measure of the uniformity of irrigation water over a defined area. Drip Irrigation" means any non -spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Enhanced paving" means brushed or stamped concrete, pavers, stone, and other decorative flat, solid surfaces intended for vehicular and /or pedestrian traffic. Erosion" has the meaning set forth in Section 17. 56.040 of the Vista Development Code. Erosion control plan" has the meaning set forth in Section 17. 56. 040 of the Vista Development Code. Established landscape" means the point at which plants in the landscape have developed significant root growth into the site. Typically, most plants are established after one or two years. Native habitat mitigation area and trees may need three to five years for establishment. Estimated total water use ( ETWU)" means the estimated total water use in gallons per year for a landscaped area. ET adjustment factor ( ETAF)" means a factor of 0. 55 for residential areas and 0. 45 for non - residential areas that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. Evapotranspiration or reference transpiration ( ETo)" means a standard measurement of environmental parameters that affect the water use of plants. ETo is given in

18. 56( 3) ( Vista 1/ 8/ 16)

Vista Municipal Code

inches per day, month, or year and is an estimate of the evapotranspiration of a large field of four inches to seven inches tall, cool season turf that is well watered. Reference evapotranspiration is used as the basis of determining the MAWA so that regional difference in climate can be accommodated. Final approval of landscape installation" means an acknowledgment or certification of the City Planner that he or she has received a certificate of completion of landscape installation and has determined that the landscaping has been installed and properly maintained for a period of one year as required by Section 18. 56. 170. Final inspection submittal" means information and documentation which must be provided to the City Planner prior to a final inspection of project landscaping. Specific items to be included as part of the submittal are identified in Section 18. 56. 080. Flow Sensor" means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor /controller may also function as a landscape water meter or submeter. Friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, where by the root structure of newly planted material will be allowed to spread unimpeded. Fuel Modification Plan Guideline" means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. Grading" has the meaning set forth in Section 17. 56. 040 of the Vista Development Code. Graywater" means untreated waste water that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily waste, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating waste. " Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Hardscape" means any durable surface material, pervious or impervious. High water usage" means a plant species identified as having a high plant factor. Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non - irrigated. Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time ( e. g., inches per hour). Invasive species" means species of plants not historically found in California that spread outside cultivated areas and have the potential to damage environmental and /or

economic resources. Irrigation Audit" means an in -depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune -up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association' s Landscape Irrigation Auditor Certification program or other U. S. Environmental Protection Agency "Watersense" labeled auditing program. Irrigation efficiency (IE)" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. Irrigation system" means a centrally controlled, permanent automatic system

18. 56( 4) ( Vista 1/ 8/ 16)

Vista Municipal Code

designed to provide the proper amount of water to planted areas. Landscape architect" means a person who holds a license to practice landscape architecture in the state of California, pursuant to Business and Professions Code, Division 3, Chapter 3. 5, Section 5615. Landscape area" means an area with outdoor plants, turf, and other vegetation that uses water provided by the Vista Irrigation District or other local water purveyor. A landscape area includes water features either in an area with vegetation or that stands alone. A landscape area does not include the footprint of buildings, structures, decks, patios, sidewalks, driveways, gravel or stone walkways, paved portions of parking lots or other hard landscape. A landscape area does not include an area without irrigation designated for non - development, such as designated open space or area with existing natural vegetation or a transition zone. Landscape construction plans / documents" mean a set of precise drawings and details, used with specifications, for the construction of a landscape project. If a conceptual landscape plan was required, these landscape construction plans shall be consistent with them. Landscape documentation package" means a package of drawings and other documents consisting of three submittals ( Conceptual Landscape submittal, Landscape Construction submittal, and Final Inspection submittal) demonstrating that the landscape design and installation complies with the requirements of this ordinance. Landscape Manual" means the City of Vista Landscape Manual ( hereinafter referred to as the " Manual "), as may be amended from time to time. Landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to

record water use. Licensed professional of work or record" means a person who holds a California license which allows the preparation of landscape planting and irrigation plans. Low head drainage" means a sprinkler head or other irrigation device that continues to emit water to the zone in which it is located after it has shut off. Low volume irrigation" means any equipment that uniformly delivers a low volume of water to the landscape. Low water usage" means a plant species identified as having a low plant factor. Master shut -off valve" is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve. Unless otherwise approved, the master valve shall be specified as normally closed." Maximum applied water allowance ( MAWA)" means the maximum allowed water use for a specific landscape area based on the square footage of the area, the ETAF, and the reference ETo. MAWA = ( ETo) ( 0. 62) [( ETAF x LA) + (( 1 - ETAF) x SLA)] Median" is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses. Medium water usage" means a plant species identified as having a medium plant factor. Mulch" means an organic material, such as leaves, bark, or straw as applied to the soil surface to reduce evaporation, suppress weeds, moderate soil temperature or prevent erosion. Native vegetation" means plant species and varieties which are indigenous to the Southern California area. Non- residential landscape" means landscapes in commercial, institutional, and industrial, and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated

recreational areas.

18. 56( 5) ( Vista 1/ 8/ 16)

Vista Municipal Code

Open space" means areas set aside for active or passive recreational use. Many of these areas are natural, many are parks, and other recreational facilities and set apart from other development by property lines or other distinct elements. Operating pressure" means the pressure at which a system of sprinklers is designed to operate, usually indicated at the base of a sprinkler. Outdoor ` WaterSmart' package" means a document/ documents, for example, leaflets and a checklist of recommendations, describing landscape water conservation principles and techniques appropriate to small landscape design and installation. Overhead sprinkler irrigation systems" means systems that deliver water through the air ( e. g., spray heads and rotors). Overspray" means the water from irrigation or that is delivered outside an area targeted for the irrigation and makes contact with a surface not intended to be irrigated. Parkway" means the area of a public or private road right -of -way that is between the curb and sidewalk or between the sidewalk and the property line of the adjacent public or private property, which is used for landscaping and / or pedestrian access. Pervious" means any surfaces or material that allows the passage of water through the material and into underlying soil. Plant factor" means a factor that, when multiplied by ETo, estimates the amount of water used by plants. For purposes of this ordinance, the following plant factors shall apply: very low water use plants - 0. 1; low water use plants - 0. 3; average water use plants - 0. 6; high water use plants — 1. 0. Point of connection" means the source of water for a specific irrigation system. Precipitation rate" means the rate of application of water measured in inches per hour. Public water purveyor" means a public utility, municipal water district, municipal irrigation district, or municipality that delivers water to consumers. means a component which Rain sensor" or " Rain sensing shutoff device" automatically suspends an irrigation event when it rains. Record drawing or as -built plans" means a set of drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. Recreation area" means areas, excluding private single family residential areas, designated for play ( active or passive), recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters, or golf course tees fairways, surrounds, and greens. Recycled / reclaimed water" means water obtained from the treatment of domestic water waste which is suitable for direct beneficial use or a controlled use that otherwise would not occur, and also meets the highest level in conformance with the California Code of Regulations, Title 22, Division 4, Chapter 3 ( use of recycled water for irrigation and for impoundments), currently sections 60304 and 60305. Reference evapotranspiration" or " ETo" means a standard measurement of environmental parameters that affect the water use of plants. ETo is given in inches per day, month, or year and is an estimate of the evapotranspiration of a large field of four inches to seven inches tall, cool season turf that is well watered. Reference evapotranspiration is used as the basis of determining the MAWA so that regional difference in climate can be accommodated. Rehabilitated landscape" means any re- landscaping project that requires a permit. Residential landscape" means landscapes surrounding single homes. Runoff" means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscaped area. For example, runoff may result from water that is applied at too great a rate ( application rate exceeds infiltration rate) or when there is a slope. Slope" means an expanse of rising or falling land.

18. 56( 6) ( Vista 1/ 8/ 16)

Vista Municipal Code

Soil" means the growing medium available for plant growth. or " soil moisture sensor" means a device that Soil moisture sensing device" measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. Special landscaped area ( SLA)" means an area of landscape that falls into one of the following categories: 1. Is used for growing edible plants including community gardens. 2. Is irrigated with recycled / reclaimed water. 3. Is used for active play, or recreation, such as a park sports field or turf on a golf course that provides a playing surface or a culturally significant community space, as determined by the City Planner. Sprinkler head" means a device which delivers water through a nozzle. Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. Station" means an area served by one valve or by a set of valves that operate simultaneously. Street trees" means trees planted along streets within public or private road rights -of- way. Submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter. Tentative approval of landscape installation" means an approval of the City Planner that the landscaping has been installed in accordance with the landscape documentation package and that such landscaping, if properly maintained for a period of one year, will be eligible to receive a final approval of landscape installation." Transitional area" means a portion of a landscaped area that is adjacent to a natural or undisturbed area and is designed to ensure that the natural area remains unaffected by plantings and irrigation installed on the property. Turf" means a groundcover surface of natural mowed grass. Valve" means a device used to control the flow of water in the irrigation system. Vegetated area" means an area with vegetation that is irrigated. Very low water usage" means a plant species identified as having a low plant factor. Warm season grasses" means turf that grows during warm weather but becomes dormant during cold weather. Warm season grasses include, among others, Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass. Water conservation plan" means a plan delineating all hydrozones, a chart included in the appendix of the manual analyzing the Estimated Total Water Use ( ETWU) relative to the Maximum Applied Water Allowance ( MAWA), and an irrigation statement of intent, indicating what equipment will be utilized and the anticipated run times of each valve or drip system. Water feature" means a design element where open water provides an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools ( where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on -site wastewater treatment or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. Watering window" means the time of day irrigation is allowed. WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources, as may be amended from time to time. Prior Code Appendix A 2002; Ord. No. 97 -8, Amended, 04/ 08/ 1997; Ord. No. 2011 - 2, Repealed and Replaced, 2/ 22/ 2011; Ord. No. 2015 - 24, Amended, 12/ 8/ 15)

18. 56( 7) ( Vista 1/ 8/ 16)

Vista Municipal Code

Section 18. 56.050 Applicability

Unless otherwise exempted by Section 18. 56. 060, the submittal of a landscape

documentation package, as required by Section 18. 56. 080, shall be required for the following projects: 1. All new development with an aggregate landscape area equal or greater than 500 square feet for commercial, industrial, institutional, mixed -use, multi -family residential projects, and single family homes for which a building and /or grading permit is required. 2. All new developments with an aggregate landscape area equal or greater than 500 square feet which have been approved through a Site Development Plan, Plot Plan Review, Special or Minor Use Permit, Planned Residential Development, Condominium Housing Permit, Specific Plan, or any other discretionary permit. 3. All graded hillsides with a slope 4: 1 or steeper. 4. Rehabilitated landscaped areas with an aggregate landscape area equal to or greater than 2, 500 square feet in association with a building and /or grading permit. Prior Code Appendix A 2003; Ord. No. 97 - 8, Amended, 04/ 08/ 1997; Ord. No. 2011 - 2, Repealed and Replaced, 2/ 22/ 2011; Ord. No. 2015 - 24, Amended, 12/ 8/ 15)

Section 18. 56.060 Exemptions

A. This ordinance does not apply to the following:
1. Registered local, state, or federal historical sites, provided that the

historical designation extends to the landscaped areas to be exempted. 2. Ecological restoration projects that do not require a permanent irrigation

system. 3. Plant collections, as part of botanical gardens and arboretums open to the

public. 4. Any single -family structure being rebuilt as a result of its destruction by natural causes. 5. Discretionary projects which propose an allowance of a particular use on a property that has already received discretionary approval, and where no construction, grading, etc., is proposed. Prior Code Appendix A 2001; Ord. No. 97 -8, Amended, 04/ 08/ 1997; Ord. No. 2011 - 2, Repealed and Replaced, 2/ 22/ 2011; Ord. No. 2015 - 24, Amended, 12/ 8/ 15)

Section 18. 56. 070 Landscape Manual

The Director of Community Development is authorized to prepare rules to assist in the implementation of the provisions of this chapter, provided that no implementing rules shall be in conflict with the provisions of this chapter or the Act. The rules shall be set forth in a Landscape Manual ( hereinafter referred to as the " Manual "). The Manual shall include rules for reviewing the design of landscaping and irrigation improvements, maintaining landscaping, and assessing compliance with this chapter. It shall be revised from time to time as deemed necessary by the Director in order to ensure continued compliance with the Act or any revisions thereof, and to improve the appearance of landscaped areas. All persons and property owners subject to this chapter shall comply with the rules set forth in the Manual. Prior Code Appendix A 2000; Ord. No. 97 -8, Amended, 04/ 08/ 1997; Ord. No. 2011 - 2, Repealed and Replaced, 2/ 22/ 2011; Ord. No. 2015 - 24, Amended, 12/ 8/ 15)

18. 56( 8) ( Vista 1/ 8/ 16)

Vista Municipal Code

and ApprovalSection 18. 56.080 Landscape Documentation Package; Processing
Requirements

A. All work on a covered project undertaken by an applicant and /or a landowner

must be processed, completed, and maintained in accordance with this chapter and the Manual. Refer to the Manual for additional requirements. The City Planner reserves the right to modify the information required as part of the Package as deemed necessary. In no case shall any modification be permitted that would cause a project to fail to meet the water conservation requirements contained in this chapter and in the Manual. All parts of the Landscape Documentation Package ( hereinafter referred to as the " Package ") must be prepared by a licensed landscape architect, licensed civil engineer, licensed architect, or other landscape unless otherwise noted. The content,professional licensed by the state to do this work, preparation, and procedure for submitting the Package shall comply with the terms of this chapter and the Manual. Prior Code Appendix A 2005; Ord. No. 97 -8, Amended, 04/ 08/ 1997; Ord. No. 2011 - 2, Repealed and Replaced, 2/ 22/ 2011; Ord. No. 2015 - 24, Amended, 12/ 8/ 15)

Section 18. 56. 090 Wastewater Prevention

No new irrigation system ( since the approval of this ordinance) shall allow irrigation water to flow onto adjacent property, no- irrigated areas, structure, walkways, roadways or other paved areas whether the cause is runoff, low head drainage or other similar condition. Prior Code Appendix A 2004; Ord. No. 97 -8, Amended, 04/ 08/ 1997; Ord. No. 2011 - 2, Repealed and Replaced, 2/ 22/ 2011; Ord. No. 2015 - 24, Amended, 12/ 8/ 15)

Section 18. 56. 100 City' s Right to Inspect

The City has the right, but not the obligation, to inspect any landscape installation for

which it has an approved Package. Prior Code Appendix A 2000; Ord. No. 97 -8, Amended, 04/ 08/ 1997; Ord. No. 2011 - 2, Repealed and Replaced, 2/ 22/ 2011; Ord. No. 2015 - 24, Amended, 12/ 8/ 15)

Section 18. 56. 110 Performance and Payment Guarantee

A. No building or grading permit for a covered project shall be issued unless the

applicant has posted a bond or other guarantee with the City of Vista, approved by the Director, pledging the performance of landscape installation and maintenance. The bond or other guarantee shall state that such funds are trust funds for the purpose of satisfying the cost of correcting deficiency of the work and, if required by Section 3247 of the California Civil Code, a payment bond sufficient to satisfy that requirement. 1. The total bond or other guarantee shall be in a form approved by the City Attorney. 2. The total amount of the bond or other guarantee shall be equal to one - hundred fifty ( 150) percent of the estimated cost of all landscaping work shown on the plans, including but not limited to plants, installation, irrigation equipment, maintenance throughout the one -year maintenance period, etc. 3. The estimated cost of the landscaping shall be as determined by the City Planner after review estimates submitted by a licenses professional of work or record to prepare this estimate. B. Every bond or other guarantee shall include a landscaping and irrigation agreement which shall require that the applicant:

18. 56( 9) ( Vista 1/ 8/ 16)

Vista Municipal Code

1. Comply with all provisions of this code, and applicable local, state, and

federal laws and ordinances. 2. Comply with all terms and conditions of the building and /or grading permit( s), whichever may be applicable, to the satisfaction of the Building Official or City Engineer respectively. 3. Complete all landscaping work indicated on the site development plan, building plan, or grading plan, whichever may be applicable. C. The landscaping and irrigation agreement identified above shall be in a form approved by the City Attorney and may be approved and executed by the Director on behalf of the City. D. In the event that the applicant fails to complete project landscaping, including the establishment of the plantings throughout the maintenance period, the City Planner may order such work to be completed to his or her satisfaction. 1. The person( s) responsible for the bond or other guarantee shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred by the City in order to complete any and all such work to be done. 2. In the case of certificate of deposit or a cash deposit, any unused portion thereof shall be refunded to the applicant. E. Each bond or other guarantee shall remain in effect until final approval of landscaping is granted by the City Planner, and in accordance with the requirements of applicable laws. 1. The City Planner may, at his or her discretion, allow a landscape maintenance bond or other guarantee to be posted in - lieu of the original bond or guarantee once landscaping has been tentatively accepted. a. The amount of this bond shall be determined by the City Planner based on anticipated maintenance costs throughout the one -year maintenance period. b. The original bond or other guarantee shall not be released until the maintenance bond or other guarantee has been posted. C. The maintenance bond or other guarantee shall not be released until final approval of landscaping by the City. F. If suit is brought upon the bond or other guarantee by the City and judgment is recovered, the person( s) responsible for the bond or other guarantee shall pay all costs incurred by the City in such suit, including a reasonable attorney' s fee to be fixed by the court. Prior Code Appendix A 2005, Prior Code Appendix A 2009/ 2010, 0; Ord. No. 97 -8, Amended, 04/ 08/ 1997; Ord. No. 2000 - 2, Amended 6/ 13/ 2000; Ord. No. 2011 - 2, Repealed and Replaced, 2/ 22/ 2011; Ord. No. 2015 - 24, Amended, 12/ 8/ 15)

Section 18. 56. 120 Fees The fee for all landscape plans submitted pursuant to this chapter shall be established by resolution of the City Council and may be amended from time to time to ensure recovery of the necessary cost for processing such plans and conducting inspections of the installed landscaping. Prior Code Appendix A 2005; Prior Code Appendix A 2011; Ord. No. 97 -8, Amended, 04/ 08/ 1997; Ord. No. 2011 - 2, Repealed and Replaced, 2/ 22/ 2011; Ord. No. 2015 - 24, Amended, 12/ 8/ 15)

Section 18. 56. 130 Compliance with the California Water Commission Model Ordinance This Landscape Manual and the Water Efficient Landscape Ordinance ( Chapter 18. 56 of the Vista Development Code) meets or exceeds the California Department of Water Resources Model Water Efficient Landscape Ordinance by making the Plant Factors and Irrigation Efficiency more restrictive; by requiring drip irrigation in all landscaped areas except slopes grades 4: 1 or steeper) and turf areas, and by restricting the use of turf to areas that have

18. 56 ( 10) ( Vista 1/ 8/ 16)

Vista Municipal Code

recreation utility or serve as bio -swales /bio- retention areas. This is in lieu of requirements for the installation of flow sensors / master values and separate irrigation water meters on single family residential projects and the requirement to perform landscape irrigation audits on single family residential projects. Prior Code Appendix A 2005; Ord. No. 97 -8, Amended, 04/ 08/ 1997; Ord. No. 2011 - 2, Repealed and Replaced, 2/ 22/ 2011; Ord. No. 2015 - 24, Amended, 12/ 8/ 15)

18. 56 ( 11) ( Vista 1/ 8/ 16)

Vista Municipal Code

Chapter 18. 58

General Provisions, Conditions, and Exceptions

Sections:

18. 58. 010 Application of Provisions
19. 58. 020 Special Setback Requirements - Exceptions
20. 58. 030 Clarification of Use and Regulations
21. 58. 040 Specific Plan Application
22. 58. 050 Specific Plan of Design - Adoption and Requirements
23. 58. 060 Public Utility Lines
24. 58. 070 Sidewalk Arcades Allowed When
25. 58. 080 Pets- Number Allowed
26. 58. 090 Pets- Nuisance Abatement Procedure
27. 58. 100 Residential Care Homes
28. 58. 110 Minimum Area Requirements - When Met
29. 58. 120 Building Height
30. 58. 130 Additional Story Permitted When
31. 58. 140 Structures Allowed Above Height Limitations - Without Special Use Permit
32. 58. 150 Structures Allowed Above Height Limitations - With Special Use Permit
33. 58. 160 Yards
34. 58. 170 Corner Lot Setbacks
35. 58. 180 Through Lots
36. 58. 190 Road Easement Setbacks
37. 58. 200 Building Restrictions on Lots Abutting Partial Streets
38. 58. 210 Cul- de- Sac Front Yard Setbacks
39. 58. 220 Conflict of Requirements
40. 58. 230 Minimum Front Yard Requirements
41. 58. 240 Adjacent Street Setbacks
42. 58. 250 Modification of Requirements - Administrative Application
43. 58. 260 Outdoor Lighting Facilities and/ or Fixtures
44. 58. 270 Location of Accessory Buildings
45. 58. 280 Light Poles
46. 58. 290 Building Structure Projections
47. 58. 300 Buena Vista Creek Special Setback
48. 58. 310 Roofed Patio Projections
49. 58. 320 Fire Escape Projections
50. 58. 330 Stairway Projections
51. 58. 340 Uncovered Porch and Platform Projections - Side or Rear Yards
52. 58. 350 Uncovered Porch and Platform Projections - Front Yards
53. 58. 360 Guard Railing Projections
54. 58. 370 Fences and Walls
55. 58. 380 Trees, Shrubs, Flowers and Plants
56. 58. 390 Areas Applied to Rear Yard Depth
57. 58. 400 Minimum Area Requirements to be Maintained
58. 58. 410 Minimum Area Requirements - Building Restrictions
59. 58. 420 Minimum Area Requirements - When Portion Acquired for Public Use
60. 58. 430 Reduction of Lots Having No More than Minimum Required Area
61. 58. 440 Reduction of Lots Below Minimum Required Area

62. 58. 450 Minimum Area Requirements - When Portion Acquired for Street Widening

        18. 58 ( l) Vista 2/ 14/ 20)

Vista Municipal Code

18. 58. 460 Reduction of Lots Designated for Public Use
19. 58. 470 Location of Animal and Poultry Structures
20. 58. 475 Tobacco Stores Prohibited within 1, 000 Feet of a School
21. 58. 480 Home Occupations
22. 58. 490 Outdoor Swimming Pool
23. 58. 500 Satellite Antennas
24. 58. 510 Radio and Television Reception Antennas - Maximum Height
25. 58. 520 Amateur Radio Antennas- Maximum Height
26. 58. 530 Commercial Radio and Television Broadcast Antennas - Maximum Height
27. 58. 540 Restrictions on Land Use
28. 58. 550 Minimum Residential Building Area
29. 58. 560 Bedroom Defined
30. 58. 570 Transit Shelters and Bus Benches
31. 58. 580 Temporary Uses of Permanent and Modular Buildings, Commercial Coaches, Semi- Trailers, and Storage Containers ( Maritime Cargo Containers)
32. 58. 590 Refuse Collection and Storage Areas
33. 58. 600 Crematoriums Prohibited
34. 58. 610 Hookah Lounges; Prohibition
35. 58. 620 Parcels or Lots Under Common Control

Section 18. 58. 010 Application of Provisions

The regulations in this title pertaining to the several zones shall be subject to the general

provisions, conditions and exceptions contained in this chapter. Prior Code Appendix A 2101)

Section 18. 58. 020 Special Setback Requirements - Exceptions

Special setbacks are a necessary requirement for the future construction of major thoroughfares that are a part of the circulation element of the general plan, or the possible future widening of streets that may be required by such element or projected increases in traffic volume or loads. A. No building or structure, unless specifically exempted in this chapter, shall be erected or maintained less than 20 feet from the ultimate street right- of-way line ( existing street in which the subject street has been dedicated or improved to its ultimate width) of any major thoroughfare that is a component of the circulation element of the general plan, or any street having an ultimate width in excess of 60 feet, with the exception of properties located in the Mixed Use ( M- U) or Downtown Vista Specific Plan ( DVSP) zones. All special setbacks may be modified as an express condition of the approval of a Site Development Plan or Plot Plan by the Planning Commission or City Council at a public hearing. B. Parking facilities, except parking structures, may intrude into the required setback, but not more than 15 feet, or to within five feet of the ultimate street right-of-way line. 1. Parked motor vehicles may project into the required five-foot parking area setback no more than two feet. 2. The required setback area shall be appropriately landscaped in accordance with the provisions of the applicable zoning district regulations and Chapter 18. 56. C. Freestanding sign structures may be placed within the required street setback, but shall not intrude, or project into, the ultimate street right- of- way. Such structures shall comply with the applicable provisions of Chapter 18. 52. D. Exceptions. 1. Any building or development in the M- U Mixed Use Zone or the Downtown Specific Plan.

18. 58 ( 2) Vista 2/ 14/ 20)

Vista Municipal Code

2. Any development exempted from such setbacks by the Planning

Commission at a noticed public hearing. Prior Code Appendix A 2102; Ord. No. 2012- 12, Amended, 10/ 9/ 12; Ord. No. 2020- 1, Amended, 1/ 14/ 20) Section 18. 58. 030 Clarification of Use and Regulations

If ambiguity arises concerning the appropriate classification of a particular use with the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth herein and as they may pertain to unforeseen circumstances, it shall be the duty of the commission to ascertain all pertinent facts and by formal resolution set forth its finding and its interpretation, and such resolutions shall be forwarded to the City Council, and if approved by the City Council, thereafter, such interpretation shall govern. Prior Code Appendix A 2103)

Section 18. 58. 040 Specific Plan Application

After a specific plan of streets, lots and other features of design is adopted in the matter

prescribed by law, the land covered by such specific plan may be authorized for uses conforming to such specific plan by reclassification of such land or by the granting of variances, provided such variance or variances shall conform in purpose and effect to carrying out the provisions of such formally adopted specific plan. Prior Code Appendix A 2104)

Section 18. 58. 050 Specific Plan of Design - Adoption and Requirements

A. Type of land use indicated on a specific plan or development agreement may

require the adoption of a specific plan of design for the area. Such specific plan shall be adopted as a part of proceedings for the development of property. The contents of the specific plan of design shall contain the following: 1. Boundaries of the parcel of land. 2. Existing public streets and alleys adjacent to or within the property together with existing and proposed improvements on such streets. 3. All access to the property from existing or proposed public streets and alleys. 4. Proposed public streets and alleys and the proposed improvements. 5. Any or all of the following may be required to ensure the execution of the general plan or the purpose of this title:

a. Regulations limiting the use of land and buildings, and the open

space around buildings. of buildings and other b. Regulations limiting the location improvements with respect to existing or planned rights- of-way. C. Proposed drives, parking areas, building site dimensions and locations, easements for utilities or drainage or location and design of drainage structures. B. Any uses, structures, or improvements which are not specified in a specific plan as adopted for a parcel of land shall be subject to all limitations and controls of the zone in which the parcel of land is classified. A specific plan shall be adopted as part of the proceedings for the development of property as provided in Chapter 18. 80, and the plan adopted shall not constitute an amendment to the zoning map, unless designated as part of a specific plan or development agreement. Prior Code Appendix A 2106)

18. 58 ( 3) Vista 2/ 14/ 20)

Vista Municipal Code

Section 18. 58. 060 Public Utility Lines

The provisions of this title shall not be construed to limit or interfere with the installation,

maintenance and operation of water lines, sewer lines, gas lines, other public utility pipelines, electric, telephone or telegraph transmission lines when installed, maintained, and operated in accordance with all other applicable laws. Prior Code Appendix A 2107)

Section 18. 58. 070 Sidewalk Arcades Allowed When

Sidewalk arcades and similar architectural features of commercial buildings may be

established and maintained in a required front yard upon the issuance of a special use permit. Prior Code Appendix A 2108)

Section 18. 58. 080 Pets- Number Allowed

A. Pets may be kept in any residential unit, provided the keeping of such pets does not constitute a nuisance, hazard or other detriment to the health, safety or general welfare of the community, including, but not limited to, noise and odor. B. The following numbers indicate the maximum number of animals that may be kept in a residence under any circumstance: 1. Dogs and/ or cats, as designated in the particular zone in which the property is located. 2. Ornamental birds and songbirds, 25, unless an aviary is permitted. 3. Other small rodents and reptiles, 25, if kept indoors in cages. 4. Fish, unlimited. Prior Code Appendix A 2109)

Section 18. 58. 090 Pets - Nuisance Abatement Procedure

A. No pet or group of pets, regardless of the number allowed, shall be kept in any

fashion as to constitute a nuisance, hazard or other detriment to the health, safety or general welfare of the community or neighborhood wherein the pet or pets are kept. B. The City Manager shall assign an administrative hearing officer to conduct an administrative hearing to consider evidence as to whether any pet or pets constitute a nuisance, hazard or detriment to the community or the neighborhood. Such hearings may be initiated by either: 1. A petition signed by 25 percent of the neighbors within 300 feet of the property harboring the pet or pets in question. 2. Recommendation of a duly authorized investigation officer employed or contracted by the City, based on findings of an investigation of a situation in question. C. Upon proper initiation of a nuisance hearing, the code enforcement department shall schedule an administrative hearing and notify by mail all property owners within 300 feet of the time and place of such hearing. Such notice shall be given not less than ten days before the hearing, nor more than ten days after receipt of petition or administrative initiation. D. At the hearing, the administrative hearing officer shall take testimony and receive evidence pertaining to the alleged nuisance. E. After the hearing, the administrative hearing officer shall determine: 1. That the evidence is insufficient to determine findings that a nuisance

exists.

18. 58 ( 4) Vista 2/ 14/ 20)

Vista Municipal Code

2. That findings based on evidence indicate that a nuisance exists, in which

case it shall also be determined: a. The manner in which the nuisance is to be abated. b. The amount of time in which the abatement is to occur. F. Any party aggrieved by the decision of the administrative hearing officer may appeal to the City Council, who shall give notice of a nuisance hearing in the manner outlined in Subsection C of this section. The decision of the City Council is final. G. Continuance of a nuisance after the abatement date set by the hearing officer or City Council on appeal shall constitute a violation of this title subject to procedures of Chapter 18. 82. Prior Code Appendix A 2110)

Section 18. 58. 100 Residential Care Homes

A. Intent and Purpose. 1. It is the intent of this section to encourage and facilitate the development of residential care homes within the city in order to provide proper facilities for those segments of the community' s population in need of the services provided by such facilities/ activities. 2. The purpose of this section is to clarify procedures for the establishment and/ or construction of residential care homes for more than six persons, as defined in Section 18. 02.575, to provide guidelines for the location of such facilities within the community as they relate to the availability of the necessary activities and services, and to establish development criteria for such facilities. B. Development Standards. A residential care home for more than six persons shall, in addition to the development standards of the applicable zoning district regulations, comply with the following requirements and/ or guidelines: 1. Locational Criteria. Residential care homes shall be reviewed in light of the following factors in determining an appropriate location for such facilities: a. The accessibility to physician' s services, medical facilities and community activity sites. b. Proximity to public transit facilities ( fixed routes) or the provision of transportation for residents. C. Location in relation to heavy industrial or commercial facilities or activities, and other facilities or activities that may be detrimental to the residents of the home. d. The outdoor noise level at any site proposed for a residential care home should not exceed 50 decibels at the site boundary. e. The minimum distance between residential care homes, measured from the site boundary, shall not be less than 300 feet. f. The City recognizes that the use of land for residential care homes could be severely detrimental to the health, safety and welfare of the residents of those homes if the homes are in close proximity to bars, adult entertainment centers, and adult motion picture theaters. Therefore, no residential care home shall be built or occupied within 500 feet of any adult use defined or described in Section 18.40. 100 or within 500 feet of any bar or cocktail lounge as defined or described in Section 18. 02. 125. 2. Open Space. Open space for outdoor recreation shall be provided at a ratio of 100 square feet for each resident. Not less than 50 percent of this open space requirement shall have a slope exceeding five percent in any direction. 3. Unit Size. The minimum floor area for sleeping rooms should not be less than 100 square feet for sleeping rooms for one person and/or 80 square feet for each person in rooms intended for double occupancy.

18. 58 ( 5) Vista 2/ 14/ 20)

Vista Municipal Code

4. Fire Safety Standards.
a. Any building housing more than six persons shall be accessible

for firefighting purposes and evacuation at all levels on not less than three sides. b. Fire safety and suppression devices and measures shall be in conformance with all applicable building and fire codes, and such other codes and requirements as may be determined necessary by the Fire Chief or Building Official. 5. Landscaping, Design and Screening.

a. Landscaping and architectural design of residential care homes

shall be in harmony with surrounding residential development. The buildings and grounds shall be maintained in such a manner as to enhance the appearance of the area in which they are located. b. Screening on exterior projects site boundaries shall be compact evergreen plantings ( deciduous planting may be used where evergreens may interfere with solar energy devices or their utilization) in conjunction with earthen berms ( or mounds). A decorative masonry wall or fence and/ or additional plantings may be required as a condition of any use permit granted in conjunction with the project. C. All other screening requirements shall be as established by the applicable zoning district requirements. 6. Signs. a. Wall or Monument Sign. One unlighted wall or monument sign, not exceeding six square feet in area, may be permitted as a condition of granting a use permit. b. Directional Signs. Directional signs not exceeding four square feet in area may be permitted as a condition of granting any use permit required. C. Findings. The Planning Commission and/ or City Council, on appeal, shall include findings for any special use permit sought in conjunction with this chapter that any proposed project is in compliance with the criteria set forth herein in addition to the regular findings required for the granting of such a permit. D. Review. Any use permit issued in conjunction with an application for a residential care home may be subject to periodic review for compliance with specified conditions, and may be subject to revocation in accordance with the applicable provisions of this code should it be determined that there is a serious violation of any conditions thereof. Prior Code Appendix A 2111)

Section 18. 58. 110 Minimum Area Requirements - When Met

Any lot or building site shall be deemed to meet the minimum area requirements of the zone in which it is located when: A. It existed as an entire lot, or as an entire parcel for which either a deed was of record in the Office of the County Recorder or a bona fide contract of sale was in full force and effect, prior to the date it was first zoned. B. The owner thereof owns no adjoining land. C. It is not the result of a division of land in violation of any state law or county ordinance. Prior Code Appendix A 2119)

Section 18. 58. 120 Building Height

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

or structurally altered to exceed the height limit established by this title for the zone in which such building or structure is located. Prior Code Appendix A 2120)

18. 58 ( 6) Vista 2/ 14/ 20)

Vista Municipal Code

Section 18. 58. 130 Additional Story Permitted When

Where the average slope of a lot is greater than one foot rise or fall in seven feet of

distance from the established street elevation at the property line or if no established grade exists at the property line, the established centerline grade, an additional story will be permitted on the downhill side of any building. Prior Code Appendix A 2121)

Section 18. 58. 140 Structures Allowed Above Height Limitations - Without Special Use Permit

Radio and television receiving antennas of the type customarily used for home radio and

television receivers, exclusive of dish- type antennas, and solar energy systems or other individual, small- scale, on- site energy generation equipment that serves the project site may be erected and maintained above the height limit applicable to the zoning district in which they are located. Prior Code Appendix A 2122)

Section 18. 58. 150 Structures Allowed Above Height Limitations- With Special Use Permit

Towers, gables, spires, sundecks, scenery lofts, cupolas, water tanks, windmills and

similar structures and necessary mechanical appurtenances may be erected and maintained above the height limit established for the district in which such structures are located upon the issuance of a special use permit therefore; provided, however, no such structure above such height limit shall be used for sleeping or eating quarters or for any commercial purpose other than such as may be incidental to the permitted uses of the main building. Prior Code Appendix A 2123)

Section 18. 58. 160 Yards

A. Except as provided in this chapter, every required front, side and rear yard shall be open and unobstructed from the ground to the sky. B. No lot or building site shall be divided or reduced in area or dimension so as to cause any required yard or open space to be less than that required by this title. C. No yard or open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or open space on any adjoining property shall be considered as providing a yard or open space on a building site whereon a building is located or is to be erected; provided, that when the common boundary line separating two or more contiguous lots is covered by a building or permitted group of buildings, or when two or more such lots are used as a single building site, such lots shall constitute a single building site and the yard spaces as required by this title shall then not apply to such common boundary line. Prior Code Appendix A 2124)

Section 18. 58. 170 Corner Lot Setbacks

In the case of a corner lot abutting upon two streets, all buildings or structures in an

agricultural, estate or residential zone shall have a minimum setback of ten feet from the ultimate street right-of-way line of the street parallel to the side line of the lot, and all buildings or structures in a commercial or industrial zone shall have a minimum setback to a line at least as

18. 58 ( 7) Vista 2/ 14/ 20)

Vista Municipal Code

far back from the property line as the ultimate street right-of-way line of the street parallel to the side line of the lot, based on both cases on the standards set forth in the subdivision ordinance and/ or the adopted circulation element of the general plan. Prior Code Appendix A 2125)

Section 18. 58. 180 Through Lots

A through lot shall maintain a front yard adjacent to each street upon which it fronts.

Prior Code Appendix A 2126)

Section 18. 58. 190 Road Easement Setbacks

A. All setbacks from road easements shall be as set forth herein unless such

easement has been designated a future public street by approval of a subdivision or parcel map or other action of the Planning Commission or City Council, in which case setbacks from public streets shall apply. B. Setbacks from private road easements shall be ten feet from the easement right- of-way line for all buildings except garages which face such thoroughfare, in which case the setback shall be 20 feet from the easement right-of-way line. Prior Code Appendix A 2128)

Section 18. 58. 200 Building Restrictions on Lots Abutting Partial Streets

A. A building or structure shall not be erected or maintained on a lot or parcel of land which abuts a street or alley having only a portion of its required width dedicated and where no part of such dedication would normally revert to such lot or parcel if the street or alley were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot or parcel of land needed to complete the street or alley width, plus the width or depth of the yards required on the lot or parcel of land by this title if any. B. This section applies whether this title requires yards or not. C. The Planning Commission, upon request, shall determine the required street or alley width. Prior Code Appendix A 2129)

Section 18. 58. 210 Cul- de- Sac Front Yard Setbacks

A. The front yard of any lot or building site at the end of any cul- de- sac street shall

be at least 20 feet from the nearest edge, street line, and terminal line of any such street which has been dedicated for public use. B. On any such street which has not been dedicated for public use, the front yard setback for any lot or building site shall be in the amount of 40 feet measured from a point on the centerline of the undedicated or private street, which is one- half of the private street width distance, from the dead end of such private street, except in those cases where a future extension of such street is proposed under a plan approved by the Planning Commission or City Council, in which case the front yard setback shall be maintained from the centerline of such street extension as provided in Section 18. 58. 190. Prior Code Appendix A 2130)

18. 58 ( 8) Vista 2/ 14/ 20)

Vista Municipal Code

Section 18. 58. 220 Conflict of Requirements

If the yard requirements, area requirements or any other requirements established by

this title are less than the yard requirements, area requirements or such other requirements established by a specific plan adopted pursuant to law, the requirements of such specific plan shall prevail. Prior Code Appendix A 2131)

Section 18. 58. 230 Minimum Front Yard Requirements

Any front yard requirement shall be deemed to be met when the depth of the front yard

provided at least equals the average of that established by existing buildings which occupy 50 percent or more of the lots within the same block and zone. Prior Code Appendix A 2131)

Section 18. 58. 240 Adjacent Street Setbacks

Where a yard is measured from the centerline of an adjacent street, or where buildings or structures are required to be set back a certain distance from the centerline of an adjacent street, and such adjacent street consists of a service road or street or outer highway contiguous to a main street or thoroughfare, the yard or the setback distance, as the case may be, shall be measured from the centerline of the service road or street or outer highway and not from the centerline of the main street or thoroughfare. Prior Code Appendix A 2132)

Section 18. 58. 250 Modification of Requirements - Administrative Application

resolution, adopt a formula or establish A. The Planning Commission may, by

standard practices by which to determine an appropriate and practical modification of required front, side and rear yard depths or widths in all zones where geometric shape and dimensions and topography are such as to make the literal application of such required yard depths or widths impractical. B. After the adoption of such formula or standard practices and the approval thereof by the City Council, they shall be applied as an administrative act. Prior Code Appendix A 2132)

Section 18. 58. 260 Outdoor Lighting Facilities and/or Fixtures

A. Purpose and intent.
1. Purpose. The purpose of this section is to establish reasonable and

uniform standards and regulations that will: a. Define the type( s) of outdoor lighting facilities and/ or fixtures that may be utilized on private property within the corporate limits of the city. b. Reduce the consumption of electrical energy used for outdoor lighting, thereby conserving fossil fuels and other related forms of energy. C. Restrict the various forms of lighting that generate excessive glare and are detrimental to the "night sky" environment. d. Provide lighting for security and safety purposes as a first priority. 2. Intent. It is the intent of this section to provide standards and regulations for the installation of outdoor lighting facilities and/ or fixtures that will:

18. 58 ( 9) Vista 2/ 14/ 20)

Vista Municipal Code

a. Minimize light pollution of the " night sky" which has a detrimental effect on the environment by obstructing astronomical research and unduly illuminates adjacent properties in such a manner as to create a detriment to the public health, safety or welfare. b. Reduce energy consumption by requiring the use of private outdoor lighting facilities and/or fixtures of a type that provide the necessary light in a manner that illuminates the desired area or feature most efficiently with a minimum amount of light energy. C. Provide sufficient and adequate lighting for security and safety purposes as a first priority. B. Definitions. 1. Automatic timing device" means a clock device which automatically activates and deactivates outdoor lighting facilities and/ or fixtures or electrical circuits thereto. 2. Light pollution" means illumination of the " night sky," directly or indirectly, by artificial lighting facilities and/ or fixtures which generate negative impacts on astronomical research facilities. 3. Shielding" means a technique or method of construction which causes light emitted from an outdoor lighting facility or fixture to be projected below an imaginary horizontal plane passing through the lowest point of the luminairy, lamp or light source used in the facility or fixture. C. Applicability. 1. Private outdoor lighting facilities and/ or fixtures installed on or after the effective date of the ordinance codified in this section and thereafter maintained upon private property within any zoning district shall comply with the standards and regulations set forth in this section and all applicable provisions of the Uniform Building and Electrical Codes as adopted by the City. 2. This section is not applicable to lights on any property owned or operated by the city, county, state, or local government, school district or special district, or lights owned and operated by a public utility regulated by the public utility commission. Examples include, but are not limited to, public street lights, public park lights, the Wave, the City or school district yard or administrative facilities, VID facilities, or SDG& E- owned street lights. D. Exemptions. The following are exempt from provisions of this section: 1. Lights at any detention facility. 2. Lights on private property exempted by the City Planner as part of any ongoing law enforcement or civil action undertaken by a local, state, or federal agency. 3. Any project where the provisions of this section are waived or modified after a public hearing by the Planning Commission or on appeal to the City Council subject to any conditions levied by the Planning Commission or City Council. 4. Lighting facilities and/ or fixtures producing light directly from, or by the combustion of, fossil fuels, such as kerosene lanterns or gas lamps. 5. Lighting facilities and/ or fixtures which consist of luminous tube lighting. 6. Lighting facilities and/ or fixtures used for Christmas decorations from the day immediately following Thanksgiving Day on any calendar year to January 10th of the following calendar year. E. General Requirements. 1. Where reasonably accurate color rendition and maximum visibility is necessary for commercial and industrial purposes, such as outdoor sales areas or permitted outdoor work areas, any outdoor lighting facility or fixture serving such area( s) shall be shielded, be equipped with automatic timing devices and be limited to the amount of light necessary for the designated purpose. 2. Private outdoor lighting used for security purposes or to illuminate walkways, equipment yards, streets or roadways ( public or private), parking lots, and similar facilities shall be illuminated by shielded low pressure sodium lighting fixtures or their

18. 58 ( 10) Vista 2/ 14/ 20)

Vista Municipal Code

technological equivalent or superior fixture meeting the intent of this chapter as determined by the City Engineer. 3. Outdoor lighting facilities and/ or fixtures used to illuminate on- premises signs, or for architectural or decorative effects, shall be equipped with automatic timing devices, be fully shielded and placed so that the light is directed towards the earth' s surface, and designed to emit only the minimum amount of light necessary for their intended purpose(s). 4. Site development plan or plot plan applications, for any multifamily residential, commercial or industrial project, required by applicable provisions of the zoning title, proposing the installation of any outdoor lighting facilities and/ or fixtures shall comply with the provisions of this section. Plans and descriptions shall be sufficiently complete to enable the reviewing official to readily determine whether compliance with these requirements will be met. Where such plans and descriptions do not readily permit such determination, by reason of the nature of configuration of the devices, fixtures or lamps proposed, the applicant shall submit further evidence of compliance to enable such determination. Such submissions shall include, but not necessary be limited to the following: a. The on- site location of the outdoor lighting facility and/ or fixture. b. A description of the type of outdoor lighting facility and/ or fixture including, but not limited to, manufacturer' s catalog cuts and drawings. C. The type of light- emitting device ( low pressure sodium, high pressure gas discharge, fluorescent, etc.) proposed to be installed in the fixture. d. The type of timing device, or other control( s) to be utilized with the lighting facility and/ or fixtures. e. The type of activity or facility for which the lighting facility and/ or fixture is to be used. f. Electrical plans must identify the type and wattage of all outdoor lighting fixtures to be installed. F. Hours of Operation. All outdoor lighting facilities and/or fixtures existing or hereafter installed and maintained on private property in any zoning district shall be extinguished turned off) between the hours of 11: 00 p. m. and sunrise with the following exceptions: 1. Commercial and industrial activities such as outdoor sales areas or permitted outdoor work areas where such activities continue after 11: 00 p. m., but only for so long as such activity continues. purposes or illumination of streets or roadways ( public or 2. Security private), walkways, equipment yards, parking areas, where such parking area is utilized after 11: 00 p. m., but only for so long as it is in use, and similar purposes where such is necessary. 3. Recreational activities where such is in progress at 11: 00 p. m., but only for so long as such activity continues. 4. On- premises advertising signs and billboards of business facilities or activities which are open to the public between the hours of 11: 00 p. m. and sunrise, but only to the extent that such facilities are actually serving the public. 5. Lights using low pressure sodium or their technological equivalent or superior fixture meeting the intent of this chapter as determined by the City Engineer. G. Design Standards. 1. The provisions of this section shall not limit or restrict the design, material or method of installation of outdoor lighting facilities and/or fixtures provided the light-emitting device is in conformance with the purpose and intent hereof and in compliance with applicable regulations governing the installation of electrical fixtures, including, but not limited to, the Uniform Building Code and Uniform Electrical Code as adopted by the City. 2. For any development subject to approval of a site development plan or plot plan, the following outdoor lighting design standard shall apply unless exempted by the Planning Commission at a noticed public hearing:

18. 58 ( 11) Vista 2/ 14/ 20)

Vista Municipal Code

a. Residential/ open space. The light level measured at five feet

above ground surface at the property line of an adjacent open space or residentially zoned lot shall not exceed 0. 25 foot candle, or no greater than the ambient light level measured prior to operation of the project' s outdoor lighting facilities. b. Commercial/ industrial. The light level measured at five feet above ground surface at the property line of an adjacent commercial or industrially zoned lot shall not exceed 1. 0 foot candle, or no greater than the ambient light level measured prior to operation of the project' s outdoor lighting facilities.

authorized to make interpretations H. Interpretation. The City Planner is

determining compliance with the purpose and intent of the provisions hereof. I. Appeals. An appeal of the decision of the City Planner, City Engineer, or Planning Commission may be made in accordance with the provision of Section 18. 04. 150. J. Nonconforming Lighting Facilities and/or Fixtures. 1. Nonconforming outdoor lighting facilities and/ or fixtures legally erected or installed and maintained prior to the effective date of the chapter codified in this section shall be exempt from the requirements hereof, unless work is proposed so as to replace 50 percent or more of the existing outdoor lighting fixtures within a six- month period or less, or to increase to on the premises. Inthe extent of 50 percent or more the number of outdoor lighting fixtures such cases, both the proposed and existing outdoor lighting fixtures shall be made to conform to the provisions of this section. 2. The installation of nonconforming light sources is prohibited after the effective date of the chapter codified in this section. As existing nonconforming luminaries ( light sources) become inoperable and/ or damaged beyond repair, they shall be replaced with/ by low- pressure sodium light sources or a technical equivalent or superior source meeting the intent of this chapter as determined by the City Engineer. Prior Code Appendix A 2135; Ord. No. 1996- 19, Amended, 10/ 22/ 96; Ord. No. 2012- 12, Amended, 10/ 9/ 12)

Section 18. 58. 270 Location of Accessory Buildings

Detached accessory buildings and swimming pools in any estate, farm or residential zone shall conform to the following regulations as to their location on the lot or building site: A. They may be constructed anywhere the main building would be permitted. B. They shall not be closer than five feet to the main building or to any other accessory building, except that chicken houses may be closer together than five feet. C. They shall not encroach on any required front yard or side yard except that: 1. A private garage may be built to within ten feet of the street line if the slope of the half of the lot or building site abutting the street is greater than one-foot rise or fall in seven feet from the established street elevation or if the elevation of such half of the lot or building site is more than four feet above or below the established street elevation, provided such garage is not less than ten feet from any side or rear lot line; provided, however, where the Director of Planning or the Planning Commission finds that no hazard to pedestrian or vehicular traffic will be created thereby, a private garage may be built to the street lines if the slope of the half of the lot or building site abutting the street is greater than one-foot rise or fall in seven feet from the established street elevation, or if the elevation of such half of the lot or building site is more than four feet above or below the existing street elevation or the established street grade, provided such garage is not less than ten feet from any side or rear lot line. 2. With respect to detached accessory buildings and swimming pools, no side yard in excess of five feet need be maintained along the rear one- half of any interior side

18. 58 ( 12) Vista 2/ 14/ 20)

Vista Municipal Code

lot line or along that portion of any interior side lot line which is at least 50 feet from the rear line of the required front yard. D. They may be constructed in a required rear yard except as follows: 1. They shall not occupy more than 50 percent of the area of any required rear yard, nor be located less than five feet from the rear or the side lot line. 2. In the case of a corner lot, they may occupy only the interior one-half of the required rear yard exclusive of the interior side yard. 3. In an A- 1 zone, no accessory buildings or structures, except a fence, shall be constructed within a required rear yard. E. All two-story accessory buildings must comply with the setbacks within the zone which are applicable to the primary structure. Prior Code Appendix A 2136; Ord. No. 2020- 1, Amended, 1/ 14/ 20)

Section 18. 58. 280 Light Poles

Notwithstanding other provisions of this title, in the O- P, C- 1, C-2, C- 3 and M- 1 zones, lights on poles may be placed within the established setback line, upon the following conditions: A. Lights shall be used for the purpose of illumination only, and not designed for or used as an advertising display. B. Lights shall be at least 12 feet above the ground. C. Light fixtures shall be so designed and adjusted as to reflect light away from any road or street, and away from any adjoining premises on which a dwelling is located or which is zoned for other than business or industrial uses. D. Lights shall be on a single pole which does not exceed 14 inches in diameter. E. Such poles shall be at least 50 feet apart; provided, however, two poles may be located on each building site. F. Poles and lights shall be removed at the owner's expense when property on which they are located is taken for street widening. Prior Code Appendix A 2137)

Section 18. 58. 290 Building Structure Projections

Cornices, eaves, belt courses, water tables, sills, buttresses, capitals, bases and

fireplaces may extend or project not more than two feet into any required front, side or rear yard, except when a building' s eaves or overhang is used for the purpose of passive building cooling by screening the sun, in which case the projection may extend to within six inches of the property line in commercial or industrial zones, or not closer than 15 feet from the front property line or five feet from the side or rear property lines in all other zones. Prior Code Appendix A 2138)

Section 18. 58. 300 Buena Vista Creek Special Setback

A. Intent and Purpose. The City and various private landowners are desirous of

preserving the Buena Vista Creek environmental resources. Programs are now being investigated which could substantially affect the ultimate creek width, depth and flow characteristics. Therefore, this section is necessary to protect creek environment preservation options until a specific plan ordinance is prepared addressing a comprehensive plan and program for these resources. B. This section applies to all property located within 100 feet of the existing stream centerline of Buena Vista Creek for that portion between Escondido Avenue and Vale Terrace,

18. 58 ( 13) Vista 2/ 14/ 20)

Vista Municipal Code

near Ponderosa Drive. Prior to grading or building permit issuance, the following consideration and determinations shall be addressed: 1. Site improvements, structures and any change in existing natural ground surface shall be restricted within a setback of 50 feet measured from the creek centerline, unless approved in conformance with proposed legislation. mature trees shall be protected and preserved. Removal and 2. Existing trimming may be allowed as recommended by a licensed expert and under his direction as approved by the Director of Community Services. 3. The property owner shall record a covenant not to oppose the formation of the Buena Vista Creek Improvement District. Such document to be in a format approved by the City Attorney. 4. Easements for open space or drainage may be required to preserve future creek improvement options. Prior Code Appendix A 2139)

Section 18. 58. 310 Roofed Patio Projections

Roofed, but otherwise unenclosed patios, which are attached to and a part of the main

building may extend or project into the required rear yard; provided, that such patio, together with all detached accessory buildings, shall not exceed 50 percent of the area of the required yard. Prior Code Appendix A 2140)

Section 18. 58. 320 Fire Escape Projections

A fire escape may extend or project into any required rear and side yard not more than

three feet. Prior Code Appendix A 2141)

Section 18. 58. 330 Stairway Projections

An open, unenclosed stairway not covered by a roof or canopy may extend or project into

a required rear or side yard not more than three feet. Prior Code Appendix A 2142)

Section 18. 58. 340 Uncovered Porch and Platform Projections - Side or Rear Yards

An uncovered, unenclosed porch, platform or landing place which does not extend above

the level of the first floor of the building may extend or project into any required side or rear yard not more than three feet. Prior Code Appendix A 2143)

Section 18. 58. 350 Uncovered Porch and Platform Projections - Front Yards.

An uncovered, unenclosed porch, platform or landing place which does not extend above

the level of the first floor of the building, may project or extend into any required front yard. Prior Code Appendix A 2144)

18. 58 ( 14) Vista 2/ 14/ 20)

Vista Municipal Code

Section 18. 58. 360 Guard Railing Projections

Guard railings for safety protection around depressed ramps, open-work fences, hedges

or landscape architectural features not more than 42 inches in height may be located in any required front, side or rear yard. Prior Code Appendix A 2145)

Section 18. 58. 370 Fences and Walls

Fences and walls are permitted in any zone subject to the following conditions: A. No fence or wall shall be permitted on any public or private easement that has been granted for road purposes, excepting that fences and walls may be placed in any fee strip which serves only one lot and over which there is no road easement access. B. Fences or walls are permitted on other easements subject to the other provisions of this section, provided easement holders of record have given written permission for such fence

or wall. C. Fences or walls are permitted anywhere on a building site, except as set forth in Subsections A and B of this section, subject to the following height limits: 1. Any fence or wall placed within any required main building setback from any public or private road easement shall have a maximum height of 60 inches if the fence or wall is not a solid fence or wall or 42 inches in height if the fence or wall is a solid fence or wall. For the purposes of this section, " solid fence or wall' means any fence or wall which is less than 90 percent transparent. 2. Any fence or wall placed anywhere on the lot, except as set forth in Subsection ( C)( 1) of this section, may not exceed ten feet. D. Fences or walls shall maintain a minimum separation of three feet anywhere on a building site unless waived by the City Planner. Prior Code Appendix A 2146; Ord. No. 2020- 1, Amended, 1/ 14/ 20)

Section 18. 58. 380 Trees, Shrubs, Flowers and Plants

Trees, shrubs, flowers and plants shall be permitted in any yard, except that no hedge

shall be grown or maintained at a height greater than that permitted by this title for a solid fence or wall. Prior Code Appendix A 2147)

Section 18. 58. 390 Areas Applied to Rear Yard Depth

Where a rear yard opens onto an alley or public park or beach, one-half of the width of

such alley, public park or beach may be considered as applying to the depth of the rear yard to the extent of not more than 50 percent of the depth of the required rear yard. Prior Code Appendix A 2148)

Section 18. 58. 400 Minimum Area Requirements to be Maintained

A. No portion of the required area of any lot or building site shall be used or

considered as part of the required area for any other lot or building site. B. No lot or building site shall be reduced in size so that the area thereof is less than the minimum prescribed by this title. Prior Code Appendix A 2149)

18. 58 ( 15) Vista 2/ 14/ 20)

Vista Municipal Code

Section 18. 58. 410 Minimum Area Requirements - Building Restrictions

A. Every main building hereafter erected shall be located upon a lot or building site having at least the required minimum area, and in no case shall there be more than one main building and its accessory buildings or a permitted group of buildings and their accessory buildings on one lot or building site except as in this title provided. B. Any building which is the only building on a lot or building site is a main building unless authorized by variance. Prior Code Appendix A 2150)

Section 18. 58. 420 Minimum Area Requirements - When Portion Acquired for Public Use

If a portion of a legally existing lot or parcel of land in any zoning district is acquired for

public use in any manner including dedication, condemnation or purchase, the remainder of such lot or parcel shall be considered as having the required minimum building site area, provided: A. After all applicable front and side yard requirements are met, and after at least one- half of the applicable rear yard requirement is met, the remainder of such lot or parcel contains a rectangular space at least 30 feet by 40 feet in size which is usable for a main building. B. The remainder of such lot or parcel has an area of at least one- half of that required for a building site in the zoning district in which the lot or parcel is located, except that in a zoning district requiring a building site area of one- half acre or more, a building site of not less than 6, 000 square feet shall be required. C. The remainder of such lot or parcel has access to a street. Where the remainder of such lot or parcel shall be considered as having the required minimum building site area as herein provided, the rear yard for such remainder shall be one- half of the applicable rear yard requirement set out in this section. Prior Code Appendix A 2151)

Section 18. 58. 430 Reduction of Lots Having No More than Minimum Required Area

No lot shall be reduced in size where the area of such lot is no greater than the minimum

area required for a lot in the zone in which it is located except when such reduction results from partial acquisition for public use. Prior Code Appendix A 2152)

Section 18. 58. 440 Reduction of Lots Below Minimum Required Area

No lot shall be reduced in size so that the area thereof is less than the minimum required

area for a lot in the zone in which such lot is located, except when such reduction results from partial acquisition for public use. Prior Code Appendix A 2153)

Section 18. 58. 450 Minimum Area Requirements - When Portion Acquired for Street Widening

If a portion of a parcel of land in any zoning district is acquired for street widening required or requested by the City, and such parcel of land had adequate area to allow a division of such parcel into two, three or four parcels, each having an area equal to that required for the zone in which it is located, the remainder of such parcel of land shall be considered as having an

18. 58 ( 16) Vista 2/ 14/ 20)

Vista Municipal Code

adequate area for division into the same number of parcels, provided each remaining lot or parcel has an area of at least three- fourths of that required for a building site in the zoning district. Prior Code Appendix A 2153. 1)

Section 18. 58. 460 Reduction of Lots Designated for Public Use

Where a lot or building site is devoted exclusively to public buildings and uses owned by a

city, county, city and county, municipality, other political subdivision or to public utility buildings and uses, and no living quarters are located on such lot or parcel, a special use permit may be issued authorizing a reduction in the minimum required area for such lot or building site. Prior Code Appendix A 2154)

Section 18. 58. 470 Location of Animal and Poultry Structures

Notwithstanding the provisions of Section 18. 58.270, no pen, coop, stable, barn, kennel,

corral or similar structure used for the keeping of poultry or animals shall be erected, placed or maintained: A. Within 20 feet of any dwelling on the same lot or parcel of land. B. Within 75 feet of any front lot line. C. Within 75 feet of any side street or closer to any side street line than a distance equal to one- half of the width of the lot or building site abutting such side street, whichever distance is the lesser. D. Within 15 feet of any interior side lot line. E. Within ten feet of any rear lot line; provided, however, where the rear lot line is parallel with and contiguous to an alley such structures may be erected, placed or maintained up to such rear lot line, except that this provision shall not authorize the erection, placement or maintenance of any accessory building or structure in the rear yard of an agricultural zone. Prior Code Appendix A 2156)

Section 18. 58. 475 Tobacco Stores Prohibited within 1, 000 Feet of a School

Notwithstanding the provisions of any other section of this title, or the provisions of any

specific plan, no tobacco store shall be located within 1, 000 feet of a public or private elementary or secondary school. Ord. No. 1997- 12, Enacted, 06/ 10/ 97)

Section 18. 58. 480 Home Occupations

No occupation, as defined by Section 18.02. 335, shall be conducted in any residential, mixed- use, estate, agricultural, or open space zoning district, except as may be permitted by a duly issued home occupation permit. The City Planner, or duly authorized representative, may issue such a permit upon submittal of a written application. Such permit shall state the home occupation to be permitted, the location, all necessary conditions, and any specific limitations thereon. The permit shall be issued only if the City Planner is satisfied that the applicant is able to comply with all conditions contained in this section, and the applicant has agreed in writing to comply with such conditions during the effective period of the home occupation permit. A. Limitations and Conditions. In general, a home occupation is an accessory activity or secondary use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence. The limitations and conditions for home occupation in this section are intended to ensure compatibility with other permitted activities or uses and with the residential character of the neighborhood; thus, home occupations are

18. 58 ( 17) Vista 2/ 14/ 20)

Vista Municipal Code

permitted accessory activities or secondary uses in residential zoning districts only as long as all limitations and conditions listed herein are complied with. 1. Such occupation shall be conducted solely by persons who occupy the home as their sole residence. The occupation shall occur in no more than one room or 25 percent of the gross floor area of one floor of such residence, whichever is less. 2. No use shall require internal or external building alterations or involve on- site construction related activities, including land clearing or grading activities. 3. No mechanical or electrical devices, equipment or tools shall be permitted, except those items which are commonly associated with residential use or use related to home crafts. 4. No home occupation shall cause a significant increase in the use of utility services or public facilities as reasonably determined by the City Planner. Under no circumstances, shall a five percent or greater increase be considered insignificant in any of the utilities. 5. There shall be no outside storage of any kind related to the home occupation, including the parking or storage of vehicles identified with the business either on the site ( out in the open) or on any public or private road. The work vehicle, regardless of it being used as private vehicle, must be parked or stored within a structure at all times and have a payload of one ton or less. The work vehicle can be used for storage of materials directly related to the operation of the home occupation. Any storage confined within a garage shall not interfere with the original intended use of a garage, that is, for parking purposes. If additional storage space is needed, the applicant shall secure an off- site location for storage purposes and provide the City with a copy of the associated lease agreement along with the home occupation application. 6. The use may not increase pedestrian or vehicular traffic flow or increase parking demand in excess of the normal expected residential demand in the surrounding area. The delivery of materials or goods to and from the location of a home occupation shall be limited to normal business hours as determined by the City Planner, with the exception of deliveries associated with the residential use. 7. No use shall be disruptive to the residential neighborhood and create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists. The use and/ or storage of hazardous materials shall be limited to small quantities of household hazardous materials. Storage of large quantities of hazardous materials or substances, or the storage of acutely hazardous materials or substances is not permitted. Quantity and type of hazardous materials or substances shall be at the discretion of the Fire Marshal. 8. No commercial advertising or identification shall be displayed on the premises except that expressly permitted by Chapter 18. 52. 9. The home occupation shall be so located and conducted in such a manner that the outward appearance of the residence gives no indication of activities or uses other than those normally associated with a residential activity or use. In addition, the activity or use is not detrimental to the residential character of the neighborhood in which it is located, and the activity or use does not create either a public or private nuisance. 10. Sale and display of goods shall not be conducted on the property, except for agricultural goods grown on the premises. This provision shall not be construed to prohibit taking sales orders where delivery of goods is not made from the property. 11. The employment of permanent or temporary workers not living at the site is prohibited. 12. Instructional services may be performed as a home occupation when

18. 58 ( 18) Vista 2/ 14/ 20)

Vista Municipal Code

conducted on an individual basis ( with a maximum of four students per day), excluding instruction of electronically amplified and percussion instruments. No group instructions of any kind shall be allowed as a home occupation.

mobile water use, such as pressure 13. All home occupations involving washing, auto detailing and pet grooming shall be subject to obtaining a mobile water use permit in addition to a home occupation permit per this section. These uses shall be permitted as mobile uses only and all associated services shall be provided at the customer' s location. No pressure washing, auto detailing, pet grooming or other associated services shall be performed at the address of the home occupation permit. 14. Mobile windshield repair and automobile dent repair shall be permitted as home occupations. These uses shall be permitted as mobile uses only and all associated services shall be provided at the customer' s location. No vehicles may be brought to the address of the home occupation permit to perform any services. All other mobile repair services are prohibited. 15. Multiple home occupation permits at a residence shall not create any cumulative impacts to the surrounding area that are greater than those associated with a single home occupation permit. A complete home occupation permit shall be issued for each business license. 16. No sale or repair of any kind related to firearms or explosives will be allowed as a home occupation. 17. All on- site automotive repair work is prohibited as a home occupation. 18. No medical services are allowed as a home occupation. 19. Customers or clients of licensed professionals ( i. e. accountants, attorneys, architects, engineers) may come to the site of the home occupation from 9: 00 a. m. to 5: 00 p. m., where no more than two customers at a time may come to the site, with a maximum of four customers per day. In addition, customers associated with agricultural goods grown and sold on the premises are also permitted to come to the home occupation site. No other customers, including general retail/ commercial services customers, may come to the site of the home occupation use. 20. The City Planner may establish other limitations and/or conditions as may be deemed reasonably necessary in order to accomplish the intent of this section as it may relate to specific activities or uses and locations. B. Application Procedure. 1. Application for a home occupation permit shall be made to the City Planner on a form provided by the Planning Division and shall be accompanied by such fee( s) as may be established by resolution of the City Council. The application shall be submitted concurrently with a business license application. 2. Upon receipt of the application, the City Planner shall review it for compliance with the established criteria, establish such additional limitations as deemed necessary, and approve or disapprove it. Should the City Planner deny the application, it shall be returned with a written justification of the action. Within ten days of the written notification of denial, an appeal may be filed with the Director of Community Development presenting substantial evidence on why the denial should not take place. The decision of the Director is final and non- appealable. 3. Revocation of a home occupation permit may be executed by the City Planner if a determination is made that the applicant has failed to comply with one or more of the limitations or conditions established in approving the permit. Written notice of this determination shall be provided with a termination no earlier than 30 days from date of notice. Within ten days of the written notification of the determination to revoke the home occupation permit, an appeal may be filed with the Director of Community Development presenting substantial evidence on why the revocation should not take place. The decision of the Director is final and non-

18. 58 ( 19) Vista 2/ 14/ 20)

Vista Municipal Code

appealable. C. Business License Requirements. A home occupation permit is not a business license and does not relieve the applicant of the responsibility for obtaining such license. The home occupation permit shall not relieve the holder of any other requirement of the law, code or ordinances of the City pertaining to business licenses and business tax liabilities. A business license is not a permit to allow a home occupation use and the issuance of a business license does not waive the requirements of this section. Prior Code Appendix A 2160; Ord. No. 1991- 18, Amended, 7/ 9/ 91; Ord. No. 2001- 6, Amended, 3/ 27/ 01; Ord. No. 2009- 2, Amended, 1/ 13/ 09; Ord. No. 2017- 17, Amended, 10/ 24/ 17)

Section 18. 58. 490 Outdoor Swimming Pool

An outdoor swimming pool, including an in- ground, aboveground or on-ground pool, hot tub, spa or portable spa, shall be provided with a barrier which shall comply with the following: 1. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier which faces away from the swimming pool and shall be constructed to withstand the forces outlined in the Uniform Building Code. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches. 2. Openings in the barrier shall not allow passage of a four- inch diameter sphere. 3. Solid barriers which do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions except for tooled masonry joints. 4. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed two inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed two inches in width. 5. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed two inches in width. 6. Maximum mesh size for chain link fences shall be a two- inch square. The wire shall not be less than 11% 2 gauge. 7. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than two inches. 8. Access gates shall comply with the requirements of items one through seven and shall be equipped to accommodate a locking device no less than 54 inches above grade. Pedestrian- access gates shall open outward away from the pool and shall be self-closing and have a self- latching device. Gates other than pedestrian access gates shall comply with the requirements of items one through seven and shall be equipped with a locking device. 9. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then ( 1) the ladder or steps shall be capable of being secured, locked or removed to prevent access, or ( 2) the ladder or steps shall be surrounded by a barrier which meets the requirements of items one through nine. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four- inch- diameter sphere.

18. 58 ( 20) Vista 2/ 14/ 20)

Vista Municipal Code

10. Hot tubs, spas and portable spas located outdoors and not exceeding 64 square

feet may have rigid pool covers equipped with a permanent locking and latching device in lieu of the barrier required by this section. 11. Where unusual circumstances exist that make strict enforcement of one through ten impractical, the building official may grant modifications for individual cases per Section 106 of the Uniform Building Code. Prior Code Appendix A 2161; Ord. No. 1996- 7, Amended, 05/ 14/ 96)

Section 18. 58. 500 Satellite Antennas

A. Purpose and Intent. 1. Purpose. The purpose of this section is to establish reasonable and uniform standards for the installation of satellite antennas within the city. This section shall be used by the general public, the development services center, the Zoning Administrator and the Board of Appeals in considering plans and applications for satellite antennas. Plans shall be submitted to the Zoning Administrator (Director of Planning) in accordance with the provisions of Section 18. 74. 260. 2. Intent. It is intended that these standards be utilized to effectively screen satellite antennas so that they shall not be intrusive to residential and commercial or industrial landscapes or be utilized for purposes other than their designed function, such as commercial signs advertising a dealer's place of business, nor should they interfere with the direct line of sight reception of such antennas. B. Permitted Antennas. Satellite antennas, as defined in Section 18. 02. 080, are permitted as accessory uses in all zoning districts subject to the provisions of the applicable zoning district regulations, those contained in this section and the issuance of a satellite antenna permit. Deviations from these regulations may be permitted by a satellite antenna permit issued in accordance with the provisions of Section 18. 74.260. 1. A satellite antenna shall be an accessory use of the subject property. 2. Satellite antennas shall be ground mounted. 3. Satellite antennas shall not be permitted on properties which have been designated as historic sites. 4. Satellite antennas shall be located in the rear 40 percent of the subject building site, exclusive of side street side yards. 5. Satellite antennas shall comply with the minimum yard requirements of the applicable zoning district regulations. 6. Satellite antennas shall not exceed a height of 15 feet. 7. Satellite antennas shall only be located on lots or building sites where a minimum six- foot- high solid fence, wall or hedge exists or is installed between an antenna and the property line, or on the property line. C. Exceptions. A satellite antenna that does not have a dish element, that is generally circular and reflective and has a diameter, or its equivalent, of less than two feet is not subject to the requirements of this section. D. Design Standards. The design standards set forth in this subsection shall be used in evaluating the placement of antennas in all zoning districts. The reviewing authority may approve alternative locations and screening if they substantially comply with the purpose and intent of this section. 1. Antennas shall be screened so that not more than 25 percent of the antenna height is visible at grade from any public property or rights- of-way. a. Screening for ground- mounted mesh antennas shall be achieved by utilization of one of the following: existing or proposed structures ( which may be solid fence or

18. 58 ( 21) Vista 2/ 14/ 20)

Vista Municipal Code

wall), plant materials, earth berms or earth depressions. If the antennas are of a solid ( opaque) material, two of the screening methods in Subsection ( D) ( 1) shall be utilized. b. Screening for roof- mounted antennas, and pole mounts which extend to the roof, shall be achieved by recessing the antennas into the roof line, or by constructing a screen of similarly textured roofing or exterior wall material. Roof- mounted antennas, when visible from public properties, including rights-of-way, at significantly higher elevations, shall not exceed the highest point of the roof of the structure. 2. All antennas shall be similar in color and tone to adjacent screening and/ or blend with adjacent landscaping; for example, in the case of roof- mounted antennas, this shall be the color of the roofing material. In most cases, mesh antennas are preferred over solid opaque) antennas. 3. Antennas shall not contain advertising copy or constitute signage of any kind. 4. Antennas shall not be located within any required parking area(s). 5. Antennas on properties subject to the scenic preservation overlay zoning district regulations shall be totally screened from view so as not to detract from the appearance of the building site. E. Development Standards. Satellite antennas shall comply with all development standards of the applicable zoning district regulations ( yard requirements, coverages, etc.) and those set forth in this section. Where there is a conflict between district standards and those established in this section, the more restrictive shall apply. 1. Residential Zoning Districts. Antennas shall be subject to the following: a. Installation in front and side street yards is prohibited. b. Antennas shall comply with the coverage requirements of the subject zoning district regulations where applicable. The method of calculation shall be based upon the area of the dish. C. When roof- mounted, the total height of the antenna and its related screening structure shall not exceed the height limitations as established by the applicable zoning district regulations. d. Antennas shall comply with the screening standards established in this section. When mounted on the roof, antennas shall comply with the screening requirements for commercial and industrial zoning districts. When mounted on a pole which extends the full height of the adjacent structure, antennas shall comply with the intent of the screening for roof-mounted antennas. 2. Commercial and Industrial Zoning Districts. Antennas shall be subject to the following: a. Antennas shall comply with the yard regulations of the applicable zoning district. b. Antennas shall comply with the coverage requirements of the subject zoning district regulations where applicable. The method of calculations shall be based upon the area of the dish. C. When roof- mounted, the total height of the antenna and its related screening structure shall not exceed the height limitations as established by the applicable zoning district regulations. d. Antennas shall comply with the screening standards established in this section; however, roof- mounted antennas shall be screened so that only the upper 25 percent of their height projects above the screening. When mounted on a pole which extends the full height of the adjacent structure, antennas shall comply with the intent of the screening for roof- mounted antennas. F. Nonconforming Antennas. Nonconforming satellite antennas erected prior to the effective date of the amendment codified in this section shall be brought into compliance with all

18. 58 ( 22) Vista 2/ 14/ 20)

Vista Municipal Code

development standards of the applicable zoning district regulations ( yard requirements, coverages, etc.) and those set forth in this section no later than one year after said effective date. Prior Code Appendix A 2162)

Section 18. 58. 510 Radio and Television Reception Antennas- Maximum Height

No radio or television reception antennas shall exceed the height of 65 feet.

Prior Code Appendix A 2162)

Section 18. 58. 520 Amateur Radio Antennas - Maximum Height

The height of radio structures for licensed amateur radio operations may be 72 feet or 20

feet higher than any adjacent radio or television reception antenna, whichever is higher, except that no such amateur broadcast antenna shall exceed the height of 100 feet. Prior Code Appendix A 2164)

Section 18. 58. 530 Commercial Radio and Television Broadcast Antennas - Maximum Height

The height of commercial radio and television broadcast antennas may be established as

a condition of a requisite special or minor use permit. Prior Code Appendix A 2165)

Section 18. 58. 540 Restrictions on Land Use

No land within the corporate limits of the city shall be used for any of the following

purposes, except as authorized by Chapter 8.28 of this code: A. The storage of junk. B. The operation of a motor vehicle salvage yard, except in the M- 1 zone with a

special use permit. C. Storage of non- operating motor vehicles, except in the M- 1 zone with a special use permit. Prior Code Appendix A 2167)

Section 18. 58. 550 Minimum Residential Building Area

Every residential building which contains dwelling units less than 1500 square feet in enclosed floor area hereafter erected, installed, moved or placed within any zone in the city in which dwelling units are authorized, shall have a total enclosed floor area under a common roof equal to not less than the following: A. Studio apartment units, 400 square feet. B. One-bedroom dwelling units in a multiple dwelling, 700 square feet. C. One-bedroom dwelling units in a single-family or duplex dwelling, 800 square feet. D. Two-bedroom dwelling units: 1. Apartment dwelling units, 880 square feet. 2. Duplex dwelling units, 920 square feet. 3. Single- family dwelling units, 980 square feet. E. Three-bedroom dwelling units: 1. Apartment dwelling units, 1160 square feet.

18. 58 ( 23) Vista 2/ 14/ 20)

Vista Municipal Code

2. Duplex dwelling units, 1160 square feet.
3. Single- family dwelling units, 1160 square feet.
F. Dwelling units with more than three bedrooms, applicable area for three

bedrooms plus 150 square feet for each additional bedroom. G. Minimum residential building areas may be modified as an express condition of the approval of a Site Development Plan or Plot Plan by the Planning Commission or City Council at a public hearing to further implement the goals and objectives of the City' s General Plan. Prior Code Appendix A 2169; Ord. No. 2020- 1, Amended, 1/ 14/ 20)

Section 18. 58. 560 Bedroom Defined

For purposes of determining square footage requirements, calculations of fees and other

requirements based on the number of bedrooms, each dwelling unit shall be deemed to have only one living room and one kitchen and all other rooms shall be deemed to be bedrooms except for the following: A. Bathrooms as defined in the Uniform Building Code. B. Storage or utility rooms that are not large enough to be habitable under provisions of the Uniform Building Code. C. Additional rooms designed as family rooms, dens, dining rooms or libraries, provided such additional rooms have at least one- half of a common wall open and unobstructed to the living room or kitchen of the same unit. Prior Code Appendix A 2170)

Section 18. 58. 570 Transit Shelters and Bus Benches

A. Purpose. The requirements of this section are ordained for the purposes of revenue and regulation under the general powers granted to the City by state law. B. Permit Required. No transit shelter or bus bench shall be placed, constructed or maintained within any public right- of-way, or on any private property, within the city except pursuant to this section. The placement or construction of transit shelters (" shelters") and bus benches (" benches") on public or private property shall require and be subject to the issuance of a transit shelter license and agreement (" Permit' by the City. 1. Licensee Defined. For the purposes of this section, " licensee" means a person or organization that holds a permit for one or more bus benches or transit shelters issued pursuant to this section. 2. Permit Issuance. The license permit may be issued for single bus benches and transit shelters or multiple bus benches and transit shelters. If the permit is issued for multiple benches or shelters, each bench or shelter must be specified on the permit. The permit shall supersede the need for an encroachment permit, building permit and/ or site development plan. The City Engineer is authorized to issue or deny the license permit and to execute the agreement on behalf of the City. 3. Notice. Prior to issuing the permit, the City Engineer shall give notice in the following manner: a. Notice shall be sent to all property owners whose property lies within 50 feet of any proposed bench or shelter. Notice shall be given at least ten calendar days prior to the decision on the permit. Anyone who objects to the issuance of the permit shall be provided notice of the decision of the City Engineer within three days of such decision. 4. Appeal. The decision of the City Engineer may be appealed pursuant to Section 18. 04. 150. 5. Permit Requirements.

18. 58 ( 24) Vista 2/ 14/ 20)

Vista Municipal Code

a. A plan showing the location of each bus bench and transit shelter

and all existing and future rights- of-way. b. Detailed plans and specifications of the bench or shelter showing all materials of construction and that the method of construction conforms to the applicable provisions of the Uniform Building Code in effect within the city. C. Detailed engineering plans showing all modifications and changes to any public way, private way, drainage way or grading, and such other information as is required by the City Engineer. d. Performance bond as required hereafter.

e. Payment of all fees, costs and permit charges regularly assessed

by the City. 1) Fees and other compensation. Prior to issuance of any permit, for the purpose of defraying the cost of review and issuance of such permit, the applicant shall deposit with the City all fees, performance guarantees and other compensation as set forth in the agreement, and provide all certificates of insurance required by the agreement as approved by the Risk Manager. 2) Further fees and bonds. Prior to issuance of the permit or as otherwise required by the City, the applicant shall provide liability guarantee to the City as required with regard to encroachment. The applicant shall by Chapter 19. 16 of the City Code also provide guarantees for all construction in the public right- of-way as required by the City Engineer. 3) Annual business tax. For the purpose of revenue to the City, in addition to the fees and charges collected for the purpose of regulation, the licensee shall be subject to, and shall pay to the City, the amount of such license fee and in such manner as may be provided from time to time by resolution of the City Council. 6. Term of permit. The term of a permit shall commence at 12: 01 a. m. on the 11th day following the issuance of the permit by the City and shall continue for a term set in the permit, but not more than five years, unless previously terminated, as hereafter provided or a transfer of title or control of the shelter has occurred. In the event of any transfer of title to the bench or shelter, the license permit for such bench or shelter shall immediately lapse. It is the responsibility of the person to whom the bus bench or transit shelter is to be transferred to apply for and obtain a new permit. An application for transfer of license shall be made not less than 30 days prior to such transfer. 7. Renewal. Licensee may apply for renewal of permit in the same manner as an original application. Renewal applications shall be filed not less than 90 or more than 180 days prior to expiration of the existing permit. 8. Termination. a. Grounds for revocation. The City reserves the right to revoke any permit granted hereunder and rescind all rights and privileges associated with the permit in the following circumstances, each of which shall represent a default and breach of the permit: 1) If the licensee should default in the performance of any of its material obligations under this section or under such documents, contracts and other terms and provisions entered into by and between the City and the licensee. 2) If the licensee should fail to provide or maintain in full force and effect the liability and indemnification coverages or the performance bonds as required in this section. 3) If any court of competent jurisdiction determines that any material provision of the permit documents, including this section, is invalid or unenforceable. 4) If the licensee ceases to provide services for any reason within the control of the licensee. The licensee shall not be declared at fault or be subject to any action under any provision of this section in any case in which performance of any such

18. 58 ( 25) Vista 2/ 14/ 20)

Vista Municipal Code

provision is prevented for reasons beyond the licensee' s control. Fault shall not be deemed to be beyond the licensee' s control if committed by a corporation or other business entity in which the licensee holds a controlling interest, whether held directly or indirectly. 5) If the licensee attempts to evade any of the provisions of this section or the permit agreement or practices any fraud or deceit upon the City. 6) The licensee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt. b. Procedure prior to revocation. 1) The City may make written demand that the licensee comply with any such requirement, limitation, term, condition, rule or regulation or correct any action deemed cause for revocation. If the failure, refusal or neglect of the licensee continues for a period of 30 days following such written demand, the City may place its request for termination of the permit upon a regular Council agenda. The City shall cause to be served upon such licensee, at least ten days prior to the date of such Council meeting, a written notice of this intent to request such termination, and the time and place of the meeting. 2) The Council shall hear any person interested therein, and shall determine, in its discretion, whether or not any failure, refusal or neglect by the licensee was with just cause. 3) If such failure, refusal or neglect by the licensee was with just cause, the Council shall direct the licensee to comply within such time and manner and upon such terms and conditions as the Council determines. 4) If the Council shall determine such failure, refusal or neglect by the licensee was without just cause, then the Council may, by resolution, declare that the permit of such licensee shall be terminated and bond forfeited. C. Disposition of Facilities. In the event a permit expires, is revoked, or otherwise terminated, the City may order the removal of the shelters and benches, or require the original licensee to maintain and operate the shelters and benches until a subsequent licensee is selected or the permit is transferred. d. City' s right not affected. The termination and forfeiture of any permit shall in no way affect any of the rights of the City under the permit or any provision of law. C. Extent of Permit. 1. Territory. The City may grant a permit for all or any defined bus stop locations in the City. The service area shall include all bus stops defined in the permit agreement. 2. Not exclusive permit. The rights granted in this section are not exclusive, and during the term of a permit, City may grant to any other company or individual the right to install benches or shelters within its corporate limits. 3. Permit license and agreement. The permit shall take the form of a license and an agreement setting forth the terms and conditions of the license including an arrangement on the benches or shelters. The agreementfor revenue to be paid to the City from advertising will include all applicable terms of the license. Signing of the agreement by the City issues the license. Signing of the agreement by the applicant is acceptance of all terms of the license. D. General requirements. The following shall be required for all bus benches and transit shelters: 1. The bench or shelter' s material shall reflect a responsible and compatible design with the surrounding area. 2. The installation shall be plumb, level, true, neat and rigid in every respect, and in accordance with engineering drawings and specifications.

18. 58 ( 26) Vista 2/ 14/ 20)

Vista Municipal Code

3. All benches or shelters shall be on concrete pads with the concrete

extending from the shelter to the back of curb if applicable. Installation of sidewalk approach and ramps to such bench or shelter may be necessary as determined by the City Engineer. 4. The installation base shall be a relatively smooth and level concrete floor with no more than about one and one- half percent to two percent cross slope and no ( or slight) longitudinal slope. Other slope specifications may be approved for reasons of drainage or structural integrity. 5. Where installation of benches or shelters requires the disturbing of existing pavement, excavation and restoration of pavement shall be performed in a manner satisfactory to the City Engineer. Any necessary removal of existing sidewalk shall be taken to the nearest scoreline unless otherwise approved by the City Engineer. 6. Before any excavation for trench work or for foundation work is to begin, the existing sidewalk shall be sawcut in order to provide a neat excavation and restoration. 7. Where existing curbing is found to be in a condition and presents no hazard to bus stop users, such curbing shall not be disturbed during the installation of the bench or shelter. Conduit shall be passed under the curb in a manner that does not affect the curbing. 8. Where existing curbing is found to be in a condition that presents a potential hazard to bus stop users, such curbing shall be repaired or replaced by the licensee concurrently with construction of the bench or shelter. All aspects of this work shall comply with City Engineer standard specifications and all details of the work shall be shown on the plans. 9. Electrical and telephone service lines shall be underground, except as waived by the City Engineer. 10. Immediately prior to acceptance of the bench or shelter by the City, the licensee shall clean the entire shelter or bench in strict accordance with various materials manufacturers' directions. 11. The licensee shall remove all excess materials and restore the work area to its original condition. 12. If the licensee' s work results in any damage to utilities, street furniture, vegetation or private property, it will be his responsibility to restore or repair the damaged items or properties so that they will be in the original, or better, condition. Any costs involved will be borne solely by the licensee. 13. Any of the provisions of this subdivision may be waived by the City at its sole discretion. 14. Licensee shall install and maintain trash receptacles next to the benches. 15. Time of installation. Licensee shall install the bench or shelter within 60 days from and after the date of issuance of permit and shall install each remaining authorized bench or shelter within successive 15 periods from each preceding date for installation. Time is of the essence in the installation of benches or shelters. 16. Licensee shall comply with each of the following requirements: a. Such bench or shelter shall have displayed, in a conspicuous place thereon, the name, address and telephone number of licensee. b. Licensee shall, at its sole expense, maintain such bench or shelter in a neat, attractive, safe and sanitary manner at all times during the term of this permit or any extension thereof. Routine maintenance and cleaning, including emptying of trash receptacles and related services, shall be provided for the bench or shelter at least twice per week. Any damaged, defective, defaced or worn out part of the bench or shelter shall be repaired or replaced by licensee within 48 hours following discovery thereof by licensee or receipt of notice thereof by licensee from City, whichever is earlier; provided, however, that any condition which, in the opinion of the City Engineer, constitutes a safety hazard shall be corrected, repaired, replaced or removed by licensee immediately upon notification thereof by City. In the event licensee fails to repair or replace such bench or shelter within the time herein specified, City

18. 58 ( 27) Vista 2/ 14/ 20)

Vista Municipal Code

may at its sole discretion, cause the repair or removal of the bench or shelter and apply licensee' s cash deposit toward the cost thereof, in whole or part. Any costs not so applied shall be paid directly to City by licensee within ten days following receipt by licensee of an invoice therefore. 17. Removal for public improvements. Licensee shall remove any bench or shelter which will interfere in any way with the construction, maintenance or repairs of any public utilities, public works or public improvements of any description, and restore the respective sidewalks and curbs to their proper and original condition, if so required by City. The cost and expense of such removal and restoration shall be borne by licensee and such other requirements as may be required by City. 18. Bus stop signs shall be incorporated into the shelter design in order to as an authorized bus stop. Shelters shall also include route information ofidentify the location the North County Transit District or other scheduled common carrier for passenger use. 19. Shelter shall be a least three feet by seven feet with seating space. A minimum two- foot overhang should be provided to increase passenger protection from sun and rain. E. Private Property. The following additional requirements and provisions shall apply to bus benches and/ or transit shelters on private property: 1. Applications for the construction of benches or shelter on private property shall be accompanied by a written statement from the property owner, or his authorized agent, that the owner has given consent to the placement of said bench or shelter. 2. Shelters or benches placed in a commercial or industrial center' s parking area may be utilized to reduce the number of required off-street parking spaces at a ratio of one parking space for each 325 square feet of space occupied by the shelter and its related transit service area. 3. Transit shelters or bus benches may not be placed in a commercial or industrial parking area unless said parking area is subject to public parking and traffic control in accordance with the provisions of Sections 21107. 8 of the California Vehicle Code. F. Locational requirements. 1. All bus benches and/ or transit shelters shall be placed only at transit bus stops or other scheduled places as defined by the North County Transit District, or other scheduled common carrier. 2. No bench or shelter shall be permitted to block existing business signs. 3. No bench or shelter shall be located over storm drain openings or similar

structures. 4. The shelter or bench shall be located no less than 15 feet in front of or 33 feet past any driveway, driveway apron, curb cut or curb return at any street intersection. 5. The minimum sidewalk width ( between curb face and property line/street line) at the location of the bench or shelter shall be not less than ten feet. 6. No bench or shelter shall be located so as to interfere with growth of public trees. 7. The bench or shelter structure including the roof shall be set back a minimum of 48 inches from the face of the curb. 8. The bench or shelter shall be placed to allow on the sidewalk an unobstructed pedestrian travelway of 48 inches minimum. 9. Benches or shelters, in relationship to oncoming bus, may be placed either on the near or far side of the intersection; however, if the curb lane on the near side of the intersection is a right- turn- only lane, the bench or shelter shall be placed only on the far side of such intersection. If any bench or shelter is rendered nonconforming by subsequent installation of a right- turn- only lane, licensee shall move the bench or shelter to conform or remove such

18. 58 ( 28) Vista 2/ 14/ 20)

Vista Municipal Code

bench or shelter at expense of licensee. The placement must be approved by the City Engineer for satisfactory visibility based on design speed of adjacent highway. 10. As each site is different, no set of location placement specifications can be entirely satisfactory. Consideration shall be given to the unique characteristics of each location, such as street function or vehicular/ pedestrian movements. G. Advertising. Advertising on any bus bench or bus shelter shall be subject to requirements of the City' s sign regulations, except as may be modified by the permit, unless the regulation is pre- empted or prohibited by state law. The permit may reduce the number or size of allowed signs, but may not increase them. and Shelters. All benches and shelters in existence on the H. Existing Benches effective date of this section shall comply with the requirements of this section. The application process must be submitted within 60 days of the effective date of this section. The owners of all benches and shelters shall be notified of this requirement within 15 days of the effective date of this ordinance in writing by sending a copy of this section, with notice to the last known address of owner, and publication of a summary of the ordinance pursuant to California Governmental Code Section 6066. Any bus bench or shelter which does not receive an approved permit within 60 days of the effective date of this section shall be removed by the owner within 30 days from the end of such 60-day period, unless within the first 60-day period the owner had filed an application for a permit with the City and a determination on such application has not been given. At the end of 30-days from the initial 60- day period, any bus bench or shelter for which a permit has not been approved, shall be subject to abatement and removed by the City in accordance with the provisions of Section 18. 82. Prior Code Appendix A 2171; Ord. No. 1993- 15, Amended, 05/ 25/ 93)

Section 18. 58. 580 Temporary Uses of Permanent and Modular Buildings, Commercial Coaches, Semi- Trailers, and Storage Containers ( Maritime Cargo Containers)

A. Permanent residential buildings may be constructed and used as subdivision models providing no more than four such dwelling units may be constructed prior to final map approval for any phase of a conditionally approved tentative subdivision map ( where phasing is anticipated or proposed). The construction and use of such buildings shall be in conformance with the conditionally approved map, the City' s Development Code, provision of this section, and conditions that may be a requirement of any use permit where a use permit is required. 1. The grading plan for the subdivision must be approved showing the location of the models and grading for the model area must be completed prior to the issuance of any building permit for the proposed models. 2. A landscape plan showing the location, species and variety of all plant materials to be planted in the model complex must be approved by the City Planner prior to building permit issuance. 3. Temporary access to models and temporary parking, a minimum of five parking spaces per model must be constructed concurrent with the models. No occupancy of the models shall be permitted until adequate provisions are made for public safety, as determined by the City Engineer, Building Official, and the City Planner. 4. All construction and improvements of any type shall fully conform to applicable development standards of the City of Vista. 5. Prior to building permit issuance for the models, a waiver of right to final occupancy shall be executed by the developer, in a form approved by the City Attorney, and no final occupancy shall be granted for any model, until all temporary improvements are removed and the unit has ceased to be used as a model.

18. 58 ( 29) Vista 2/ 14/ 20)

Vista Municipal Code

6. Prior to building permit issuance for the models, a cash deposit sufficient

for removal of all temporary improvements, and removal of the building( s) if no final map is approved, or the building( s) are not constructed in conformance with current development standards, shall be posted with the City. B. Modular buildings, or commercial coaches may be placed on a building site in any zoning district within the City as a temporary facility subject to the criteria and regulations set forth in this section in addition to the applicable zoning district regulations: 1. The placement of modular buildings and/ or commercial coaches as a temporary facility for a temporary use shall be subject to the granting of a minor use permit issued in accordance with the provisions of Sections 18. 66. 020 and 18. 66. 030 of this code. 2. The use of modular buildings and/ or commercial coaches shall be limited to a period not to exceed 18 months, at the expiration of which they shall be removed from the site. Except, the Zoning Administrator may grant one extension of an additional 18- month period after consideration of a request for an extension by the applicant. Any subsequent request for an extension shall be the same as a new application and shall be treated as such. 3. Modular buildings or commercial coaches shall not be permitted on any project site unless a building permit for a permanent structure on such site is issued concurrently with the minor use permit. Should the building permit lapse or be permitted to expire, the coach shall be removed from the site upon expiration of such permit. Except: such facilities may be permitted on any legal parcel as an " off- site" sales office for a new residential or commercial project subject to the granting of a minor use permit. 4. Modular buildings and/ or commercial coaches to be placed on any site must meet or exceed the requirements of all applicable building and fire codes, or any other applicable law or regulation. 5. Signs to be erected in conjunction with any onsite facility shall conform with the sign criteria established by the approved site development plan. If no sign criteria has been established by the site development plan, signs shall conform with the sign regulations for the applicable zoning district. Sign criteria for an off-site temporary facility shall be established as a condition of the required use permit. 6. Parking requirements shall be in conformance with Chapter 18. 54 of the s Development Code for the proposed use. Except: the Zoning Administrator may set suchCity' requirements as deemed necessary as a condition of granting any required use permit and sales offices for residential projects shall comply with the requirements of Subsection 18.58.580.A.2 above. C. Semi- trailers and storage containers ( maritime cargo containers) may be placed on a construction site ( residential, commercial, or industrial) during the construction phase(s) of an approved development project subject to the criteria and standards set forth in this section in addition to the applicable zoning district regulations: 1. These vehicles and/ or containers shall be restricted to use as a construction office and/ or the storage of construction equipment and tools only. 2. The placement of these vehicles and/ or containers on a project site for a temporary use shall be subject to the granting of a minor use permit issued in accordance with the provisions of Sections 18. 66. 020 and 18. 66. 030 of this code. Except: where a valid building permit has been issued for construction of permanent buildings or structures on a project site these vehicles and/or containers may be placed and maintained thereon during the period a grading and/ or building permit is valid. Should the grading or building permit lapse or be permitted to expire, the facilities shall be removed from the site upon expiration of such permit. Prior to the granting of final occupancy of the last five percent of the permanent buildings on a project site, all such vehicles and storage containers shall be removed from the site.

18. 58 ( 30) Vista 2/ 14/ 20)

Vista Municipal Code

3. The use of such vehicles and/ or containers on a site shall be limited to a

period not to exceed 18 months, or the expiration of the building permit for construction on the project site, whichever occurs later, at which time they shall be removed from the site. 4. These vehicles and/ or containers shall not be placed in any public right- of-way, within any required street setback, or within any fire lane or fire access-way during the period they are permitted on a project site. D. One modular building or commercial coach may be placed on private property in any commercial or office- professional zoning district within the City as a temporary facility for medical uses only subject to the criteria and regulations set forth in this section in addition to the applicable zoning district regulations: 1. The placement of a modular building or commercial coach as a temporary medical facility shall be subject to the granting of a minor use permit issued in accordance with the provisions of Chapter 18.66 of this code, as further limited by the standards below. 2. The use of a modular building or commercial coach shall be limited to a period not to exceed five years from the date of approval of the minor use permit, at the expiration of which the facility shall be removed from the site. No extensions to this period shall be granted unless approved as a new minor use permit. 3. A modular building or commercial coach to be placed on any site must and fire codes, or any othermeet or exceed the requirements of all applicable building applicable law or regulation. Such facility shall be sited and designed to appear as a permanent structure to the extent practicable. 4. The modular building or commercial coach shall be adequately screened from view of the public street through the placement of such facilities, the use of landscaping, screen walls, or a combination of the above. 5. Parking requirements for the site on which a temporary facility is placed shall meet the provisions of Chapter 18. 54 of this code, inclusive of the square footage of the temporary facility permitted herein. 6. Any proposed signs associated with a facility shall comply with the sign criteria established for the site and the design guidelines in Chapter 18. 52 of this code, and shall be submitted for review as part of the minor use permit applications. 7. Landscaping shall be placed around the temporary facility to the satisfaction of the City Planner. Landscape areas may be used for the placement of the facility only in the event that a minimum of 15 percent of the site remains landscaped in accordance with Section 18. 56.050. Ord. No. 1991- 14, Enacted, 06/ 25/ 91; Ord. No. 2009- 11, Amended, 4/ 14/ 09)

Section 18. 58. 590 Refuse Collection and Storage Areas

A. Definitions. The following definitions shall apply to the language contained in this

section: 1. Accessible. This shall mean that the collection area shall be easily accessed by waste and recyclable collection vehicles as described in Subsection 18. 58. 590. 0 hereof. 2. Adequate. This shall mean an enclosure of sufficient size to accommodate the containers necessary to collect the proposed land use activity' s solid waste and recyclable materials as described in Subsection 18. 58. 590. 0 hereof. 3. Convenient. As used herein, shall mean that: a. For multi- family developments common collection area( s) shall be located no more than 150 feet walking distance, from any dwelling unit served by the collection area.

18. 58 ( 31) Vista 2/ 14/ 20)

Vista Municipal Code

b. For commercial and industrial activities the collection area( s) should be located adjacent to their service entrance( s). And, in the case of restaurants or other land use activities, where employees may be depositing waste materials in the collection area during the hours of darkness, within 50 feet of a building entrance and provided with security lighting. Land use activities using mechanical means to deposit waste in the collection area(s) are exempt from this distance requirement. 4. Development project means any of the following: a. A project for which a building permit is required for a commercial, industrial, or institutional building, or residential building having five or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five or more living units. b. Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste. 5. Recycling Area ( Areas for Recycling). Space allocated for collecting and loading of recyclable materials. 6. Project for which a building permit is required. A project for which a building permit is required, at a minimum: a. All new projects. b. Any single alteration of an existing project requiring a building permit.

C. Any sum total of alterations requiring a building permit to an

existing project conducted within a 12 month period. B. General requirements. 1. Any new development project for which an application for a building permit is submitted on or after September 1, 1994, shall include adequate, accessible, and convenient areas for collecting and loading solid waste and recyclable materials. 2. Any improvements for areas of a public facility used for collecting and loading solid waste shall include adequate, accessible, and convenient areas for collecting and loading solid waste and recyclable materials. 3. Any project for which an application for a building permit is submitted on or after September 1, 1994, for modifications that meet one or both of the conditions below shall include adequate, accessible and convenient areas for collecting and loading solid waste and recyclable materials:

a. Any modification to the project adds 30 percent or more to the

existing floor area; or b. The cost of a modification exceeds ten percent of the then current assessed value of the subject parcel. C. Design standards. 1. Collection Areas. Areas for the collection of solid waste and recyclable materials shall be adequate in capacity, number and distribution to serve the development or the project. In any case the design and construction shall be compatible with the development and surrounding land uses. a. Multi- Family Residential. In multi- family residential developments, the collection area( s) must be within 150 feet ( walking distance) of any dwelling unit served by the area( s). b. Commercial or Industrial. In commercial or industrial developments, the collection area(s) must be within close proximity of the service entrance/ exit of the facility served, and be located on the sides or rear of the building( s) served. 2. Dimensions. The dimensions of the solid waste and recycling collection area( s) shall be of sufficient size to accommodate containers consistent with current methods of

18. 58 ( 32) Vista 2/ 14/ 20)

Vista Municipal Code

collection in the area in which the development or project is located and all standards established by the franchise refuse contractor. 3. Outdoor Collection Areas.

a. These areas shall be screened from view on all sides by a solid decorative masonry wall, not less than six feet in height, with an access opening closed with a decorative metal gate. The enclosure shall be covered to prohibit storm water intrusion; the cover shall be architecturally compatible with the building( s) on the lot or building site. b. The collection area shall be level ( sloped sufficiently to provide surface drainage away from the collection area), and paved with a concrete ( PCC) floor and apron of sufficient size to accommodate a collection vehicle not less than eight feet in width and 30 feet in length with a turning radius of 36 feet. The additional weight of a bin on the front of a truck when the bin is picked- up can damage pavement in front of the enclosure. The best protection is a concrete ( PCC) slab able to accommodate 20, 000 pounds on two- wheels in front of the enclosure. C. The paving of the collection area ( enclosure) floor and approach apron shall be a minimum of four inches of PCC concrete over a suitable base. d. Driveways or vehicle travel lanes shall provide unobstructed access for collection vehicles and personnel. Access to the collection area( s) shall consist of a

minimum of: 1) Overhead clearance of the approach to the collection enclosure ( bins) must be 16- feet. This clearance is also required at roof lines or building projections over carports. 2) Driveway width for straight through drive and pickup must be 14 feet, or 18 feet if truck is required to back- out. 3) Driveways should be of sufficient strength to accommodate 54, 000 pounds distributed on ten wheels. 4) Where a turn- around is required to exit, a minimum radius of 36 feet must be provided for the service trucks. 5) These standards are considered minimum and greater standards may be required for certain commercial and industrial land use activities. 4. An adequate number of bins or containers to allow for the collection and loading of solid waste and recyclable materials generated by the development should be located within the collection areas for the activities accommodated by the development ( See Subsection 18. 58. 590. C. 2 above). The City, or its authorized agent, will provide for the collection system of recyclable materials in accordance with Chapter 15. 08 of the City Code. 5. Recycling areas shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons access for collection of such materials. 6. Recycling areas, or the containers placed therein, must provide protection against adverse environmental elements that may render the collected materials unmarketable. 7. A sign or signs clearly identifying all solid waste and recycling collection and loading areas and the materials accepted therein shall be posted adjacent to all points of access to the waste and recycling areas. 8. Residential developers and property owners are encouraged to include units.recycling areas or systems with individual living These may include roll- out drawers below the sink( s) for recycling receptacles; fire- proof, cleanable, secure chutes from the living space to the collection area( s); etc. Recommended internal storage space for individual living units in a project is three cubic feet. 9. In addition to the standards set forth herein, the collection, storage and transporting of solid waste and recycling materials shall be subject to the regulations and standards set forth in Chapters 13. 16 and 15. 08 of the City Code.

18. 58 ( 33) Vista 2/ 14/ 20)

Vista Municipal Code

D. Location. Solid waste and recyclable collection and loading areas shall not be

located in any space required by the City Code to be constructed and maintained as unencumbered, in conformance with fire and other applicable building or public safety regulations or standards. 1. Solid waste and recycling collection points shall be located in the same area or immediately adjacent to each other where feasible. However, in no case will recycling area( s) be any less convenient than solid waste collection areas. 2. Each solid waste and/or recycling collection area( s) within a multi-family residential development shall be no more than 150 feet from any living unit within the development. Ord. No. 1994- 25, Enacted, 10/ 25/ 94; Ord. No. 2012- 12, Amended, 10/ 9/ 12; Ord. No. 2020- 1, Amended, 1/ 14/ 20)

Section 18. 58. 600 Crematoriums Prohibited

Notwithstanding other provisions of the Development or Municipal Code of the City of

Vista or any provision of any specific plan, crematoriums are prohibited in the City of Vista. Any crematoriums legally permitted and existing as of the effective date of this section shall be considered a legal non- conforming use subject to Chapter 18. 72 of the Development Code. Ord. No. 1997- 5, Enacted, 03/ 25/ 97)

18. 58. 610 Hookah Lounges; Prohibition

A. Hookah lounges shall be prohibited in all zones whether operating as a primary or an accessory use. B. For purposes of this section, the following terms shall have the meaning set forth below: 1. Hookah lounge" means a business, establishment or other organization which: ( a) provides a hookah pipe which may be used at the premises by its customers, patrons, or others; or ( b) allows any person to locate a hookah pipe on the premises so it may be used by that person, customers, patrons or others. 2. Hookah pipe" means a water pipe, bong, hookah, or similar device through which a person can cause tobacco or another lawful substance to combust and then a person using the device. Apass through the air, gas or a liquid before it is inhaled by hookah pipe does not include cigarettes, cigars, or a device where: ( a) the smoke is inhaled without passing through a liquid; and ( b) the length of any pipe or tube used for inhaling the smoke is not more than ten inches. Ord. No. 2012- 8, Enacted, 05/ 22/ 12)

18. 58. 620 Parcels or Lots Under Common Control

    Adjacent parcels of lots, under common control of one property owner through fee ownership, lease, or rental agreement, may be used to support land uses that are accessory or secondary to a primary use that is established on one of the parcels or lots under the following circumstances: A. All of the parcels or lots are zoned A- 1, E- 1, or R- 1 B. The parcels or lots are contiguous to one another, share a common boundary

of at least fifty linear feet, and have sufficient internal access between the parcels for the accessory or secondary use to serve the primary use without reliance on a public right of way to connect the two parcels.

18. 58 ( 34) Vista 2/ 14/ 20)

Vista Municipal Code

C. The accessory or secondary use qualifies as a lawful accessory or secondary

use under the zoning classification which governs both the lot on which the primary use is established and the lot on which the accessory or secondary use is established. D. No accessory buildings are permitted on any parcel or lot without a legally established primary use. This shall not apply to any buildings existing on the parcel or lot prior to the City' s incorporation, January 28, 1963. Ord. No. 2012- 12, Enacted, 10/ 09/ 12)

18. 58 ( 35) Vista 2/ 14/ 20)

Vista Municipal Code

Chapter 18. 60

Condominium Housing

Sections:

18. 60. 010 Establishment Procedure
19. 60. 020 Permit Application Procedure
20. 60. 040 Condominium Conversion - Apartment Project Requirements
21. 60. 030 Subdivision Map Requirement Waived When
22. 60. 050 Condominium Conversion - Requirements Generally
23. 60. 060 Approval or Denial Conditions - Hearing Procedure
24. 60. 070 Permit Nullified When
25. 60. 080 Modifications to Standards
26. 60. 090 Mobile Home Subdivisions

Section 18. 60. 010 Establishment Procedure

In the city, condominium housing may be established through one of the following

methods in addition to filing a subdivision map: A. In accordance with Chapter 18. 24, through a planned residential development overlay zone, PRD permit and subdivision. B. Through a specific plan under Section 65450 of the State of California Government Code and Chapter 18. 50 of this code. C. Through a specific plan of design translating potential zoning into effective zoning in accordance with Section 18. 58. 050. D. By obtaining a condominium housing permit by the procedure contained in this chapter, if the property is zoned R- M, M- U, or located within a specific plan that permits multi- family dwellings. Prior Code Appendix A 2181; Ord. No. 2017- 17, Amended, 10/ 24/ 17)

Section 18. 60. 020 Permit Application Procedure

A. A subdivision of property into ownership parcels or divisions in accordance with

Section 66426 of the Government Code, shall, in addition to the recordation of a final subdivision map, require a condominium housing permit. The condominium housing permit will be processed in the same manner and concurrent with a tentative subdivision map application and accompanied by a site development plan application. This section shall also apply to stock cooperative housing. B. Application for a condominium housing permit shall be made on forms provided by the Director of Planning. This application shall be accompanied by a fee established by resolution of the City Council. The application shall he submitted concurrently with the appropriate submission of a tentative subdivision map and a site development plan. Prior Code Appendix A 2182)

Section 18. 60. 030 Subdivision Map Requirement Waived When

Prior Code Appendix A 2182. 3; Ord. 2012- 12 Repealed 10/ 09/ 12)

Section 18. 60. 040 Condominium Conversion - Apartment Project Requirements

Apartment projects may apply for conversion to condominiums; provided, that:
A. The project will be constructed under the provision of the current version of the

18. 60 ( l) Vista 11/ 24/ 17)

Vista Municipal Code

Uniform Building Code. B. The project meets or will be upgraded to meet the requirements of Section 18. 60. 050. C. The project was constructed under the provisions of the Uniform Building Code prior to the adoption of the original condominium housing ordinance, November 26, 1979. D. The apartment project was approved with a site development plan prior to January 1, 1985. E. No project constructed as an apartment may convert to a condominium after January 1, 1988. F. The City Council may, however, waive the requirement for a tentative and final subdivision map, and exempt a one- lot stock cooperative or a one- lot air- space condominium from Condition E of this section under the following circumstances: 1. A written request is made to the City Council through the Director of Planning for such a waiver. 2. The purchase is ( a) a resident- initiated action of an apartment building or group of buildings, or (b) of a mobile home park by a corporation comprised of over 50 percent of the existing residents prior to the purchase for the purpose of creating a one-lot stock cooperative or a one- lot air- space condominium; provided, that a majority of the remaining residents either purchasing or not purchasing the park consent to such purchase and that such corporate purchase does not result in displacement of either any lower income household unit or any existing mobile home coach. In applying this section, the City Council may, by majority vote, approve this waiver upon receipt of a request on behalf of at least 66 and 2/ 3 percent of the residents intending to purchase the property or upon request of over 50 percent of the residents intending to purchase and a petition consenting to the purchase signed by a majority of the remaining residents not purchasing interest in the project. The application shall also include a certification that no existing resident will be economically evicted or evicted because of nonparticipation in the purchase. 3. The City Council finds that the project meets all requirements that may have been established as a condition of subdivision, were it applicable, including displacement of residents. 4. No more than 25 percent of the shares of the cooperative were owned by any one person, as defined in Section 18. 02.525, including an incorporator or director of the cooperative, on January 1, 1980. 5. A person renting a unit in a cooperative shall be entitled, at the time of conversion, to all tenant rights in state or local law, including, but not limited to, rights respecting first refusal, notice and displacement and relocation benefits. 6. The City may establish a fee to recover cost of processing such a request. This fee shall be established by resolution of the City Council. Prior Code Appendix A 2182. 5)

Section 18. 60. 050 Condominium Conversion - Requirements Generally

The applicant, upon submittal of an application for a condominium housing permit, in

addition to the requirements of Section 18. 60. 020, shall submit evidence that: A. The standards of the development meet the conditions of the underlying zone and that applicable building codes are met, the units are individually metered, and adequately served by public facilities, or on a single meter billed to the homeowners' association if so incorporated in the CC& Rs. B. All applicable City development fees and development conditions are paid for or guaranteed, or developed, with each unit calculated as a single- family unit. C. A list of the CC& Rs of the project is provided and approved as part of the

18. 60 ( 2) Vista 11/ 24/ 17)

Vista Municipal Code

condominium housing permit. D. All private streets, driveways, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Any failure to maintain is unlawful and is declared to be a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community. Where such failure to maintain is noted by the City, the City shall institute compliance as provided in the CC& Rs and have the authority to place lien on the property for its maintenance if the homeowners' association is derelict in enforcing this requirement. E. 1. At least 40 percent of the gross land area of the project site shall be maintained as open space. Land occupied by buildings, streets, driveways or parking areas may not be included in satisfying this requirement. 2. Not less than 50 percent of the qualified open space shall be on land with a slope of less than ten percent unless specifically modified by the Planning Commission or the City Council. 3. At least 50 square feet of common open space per unit shall be provided in a single area reasonably accessible and available to all of the residential units. F. The applicant shall also submit evidence for granting the condominium housing permit to the Planning Commission and/or the City Council; for existing units that have been either certified for occupancy over six months or is occupied at the time of application, to enable the Planning Commission and/ or City Council to make the following findings: 1. That the project is in compliance with the Housing Element of the General Plan, in that it does not reduce the availability of lower income housing in the community. 2. That the project is, at time of application, in legal compliance with the codes and ordinances of the City under which its present use falls, and there are no outstanding violations of these codes or ordinances. 3. That all nonconforming features of the project, where reasonably possible, are to be brought into compliance. 4. That the resultant unit density and the proposed use is in compliance with the land use element of the general plan. G. If the project is occupied, the applicant shall submit a current list of the tenants' names who shall be notified by the City, of the meeting time and place where the matter will be considered. H. 1. The Planning Commission and/ or City Council may impose any other reasonable condition as a condition of conversion approval, to bring a condominium housing conversion) permit into compliance with the above findings of this section, including requirements regarding mitigating impacts as set forth in the housing element and protections of housing for lower income families. Such a condition may include a provision to reserve or sell up to six percent of the units to be made eligible for and available to the City or its housing agency for lower income households qualified for assistance. The City or the housing agency shall have the authority to accept or refuse the reservation within 30 days of the adoption of the requirement. A condition for payment of relocation expense for certified lower income families shall be applied to all condominium conversion policies, the amount to provide for moving expenses, cleaning deposit and two month' s rent in a comparable or better relocation rental unit. Applicants may provide a " tenant benefit package," which provides preferable terms of purchase to residents of the project, compared to the open market. 2. The City may accept land dedication and/ or assess a fee in lieu of this lower income housing provision, such fee to be placed in a special account and utilized exclusively for programs providing lower income housing opportunity in the City. This dedication and/ or fee shall be based on a fair share contribution to the City's housing assistance program, applied to the project in question.

18. 60 ( 3) Vista 11/ 24/ 17)

Vista Municipal Code

I. The Planning Commission and/ or City Council may require other reasonable

requirements including, but not limited to: 1. Off-street parking and enforcement agreements. 2. The installation of smoke alarms or other safety features deemed appropriate by the Fire Chief or the Building Official. Prior Code Appendix A 2183)

Section 18. 60. 060 Approval or Denial Conditions - Hearing Procedure

The Planning Commission and City Council shall include the findings for the condominium

housing in its resolution of approval or denial of the tentative subdivision map, and any hearing of appeal or approval by the City Council shall be in accordance with the appropriate subdivision and site plan review procedure. Prior Code Appendix A 2184)

Section 18. 60. 070 Permit Nullified When

Expiration or disapproval of a tentative subdivision map or site development plan shall

automatically nullify the companion condominium housing permit. Prior Code Appendix A 2185)

Section 18. 60. 080 Modifications to Standards

The Planning Commission may grant modifications to the standards contained in this

chapter; provided, that the findings for a variance are met in accordance with Section 18. 74. 030. Prior Code Appendix A 2186)

Section 18. 60. 090 Mobile Home Subdivisions

The following additional requirements shall apply to condominium housing projects

proposing structures certified under the National Mobile Home Construction and Safety Standards Act of 1974: A. Non- condominium Subdivisions. Subdivisions on fee- simple lots containing lot sizes conforming to the minimum lot size of the zone in which the subdivision is located and not proposing a condominium or stock cooperative shall not be regulated by the provisions of this section. B. Condominium Subdivisions. The application for a tentative subdivision map for a subdivision for a condominium or stock cooperative shall be filed pursuant to this chapter and shall include a site development plan. Prior Code Appendix A 2188)

18. 60 ( 4) Vista 11/ 24/ 17)

Vista Municipal Code

Chapter 18. 62

Automobile Service Station Development Regulations

Sections:

18. 62. 010 Purpose of Provisions
19. 62. 020 Special Use Permit Required When - Conformance with Provisions
20. 62. 030 Permit Application Procedure
21. 62. 040 Permitted Activities and Services
22. 62. 050 Combined Uses
23. 62. 060 Site Location
24. 62. 070 Development Standards
25. 62. 080 Signs
26. 62. 090 Conflict of Provisions
27. 62. 100 Issuance and Posting of Permit
28. 62. 110 Nonconforming Uses Lawful When

Section 18. 62. 010 Purpose of Provisions

In order to promote and preserve the public health, safety, convenience and general

welfare, it is the intent of this chapter that automobile service stations shall be located and operated so as not to create increased pedestrian and vehicular traffic hazards and shall not be detrimental to the ordinary maintenance, development and redevelopment of the surrounding area as reflected by the general plan, specific plan or zoning regulations approved by the City. Prior Code Appendix A 2700)

Section 18. 62. 020 Special Use Permit Required When - Conformance with Provisions

A. A special use permit shall be required for automobile service stations under the

following conditions: 1. Construction of new service stations 2. Reopening of a service station that has been vacant for a period of at least six months. 3. Renovation, alteration or additions to existing service stations when such change exceeds 50 percent of the value of the existing building or structure as officially established by the latest records of the county assessor. 4. Service stations annexed to the City which do not comply with permitted activity and services, or the requirement regarding trash enclosure, storage space and landscaping, shall be considered nonconforming and subject to nonconforming provisions as set forth in Section 18. 62. 110. B. The Planning Commission, or City Council on appeal, shall have the right to deny or modify any application for a special use permit upon the finding that such request would be detrimental to the public health, safety and welfare as set forth in Chapter 18. 74. C. All new, reopened, renovated or annexed service stations, or those requesting any substantial change in services rendered, shall be required to meet all of the requirements of this chapter unless this chapter specifically states that the Planning Commission may modify that particular requirement; or the Planning Commission determines that an extreme hardship would result from strict enforcement of provisions on reopened, renovated or annexed stations, or those requesting any substantial change in services rendered, only; or unless a variance is approved as set forth in Chapter 18. 74. Prior Code Appendix A 2701)

18. 62 ( l) Vista 7/ 14/ 11)

Vista Municipal Code

Section 18. 62. 030 Permit Application Procedure

When applying for a special use permit under the provisions of this section, the applicant

shall submit the following information, maps and plans: A. A full- dimensioned plot plan of the property, drawn to scale, showing location of all buildings, canopies, points of vehicular access, pump islands, storage facilities, landscape planters, exterior lighting standards, signs, walls, parking spaces, trash enclosures, curbcuts and driveway approaches. B. An engineered on- site grading plan, which shows compliance with all provisions of the ordinance of the City governing grading and drainage. C. A landscape and irrigation plan showing the size, location, number and variety of plant materials to be used, including the botanical or common plant names and the location, type and design of all irrigation facilities. D. Architectural elevations of all buildings, walls, signs and trash enclosures, including a description of the materials, textures and colors to be used. E. A list of services and operations intended to be provided. Prior Code Appendix A 2702)

Section 18. 62. 040 Permitted Activities and Services

In addition to the sale of motor fuels, activities and services shall be permitted, limited or precluded as follows: A. Rental of automobiles, trucks, trailers and similar vehicles may be permitted; provided, that the site contains adequate space for display and/ or parking and that such rentals be displayed and/ or parked in only an area so designated as part of the special use permit. Unless expressly stated otherwise as part of the special use permit or specific plan, displaying and/ or parking of rentals shall not be within 20 feet of any street frontage property line. B. All new and used merchandise shall be stored and displayed within the service station building, except new and reconditioned tires, batteries, accessories and lubrication items which are maintained in movable or enclosable cabinets or racks designed for the display and sale of such merchandise. The location of enclosable cabinets and racks shall be designated on the special use permit. C. No used or discarded automotive parts or equipment or permanently disabled, junk or wrecked vehicles shall be located outside the service station building except within an enclosed trash storage area screened from public view. D. All painting, welding, body and fender repair, tire recapping and the rental of other heavy equipment and the sale and rental of other merchandise, other than that specified in this section and in Section 18. 02. 110, is expressly prohibited. E. Vending machines shall be permitted only within an area which will not interfere with safe traffic movements and approved as part of the special use permit. F. Temporary promotions: 1. The sale and storage of merchandise not customarily related to the operation and maintenance of motor vehicles and as part of a region- wide promotion shall be allowed for a period not to exceed 90 days for any one promotion with a maximum of 120 days in any calendar year permitted for such promotions. 2. The sale and storage of merchandise as a part of a temporary promotion conducted by the local dealer or operator shall be permitted for a period not to exceed 30 days, and not more than two such periods in any calendar year may be permitted and shall be separated by a period of not less than 30 days. 3. Neither subdivision 1 or 2 of this subsection is meant to apply to items which are provided free or at a reduced price to the customers with purchase of products from

18. 62 ( 2) Vista 7/ 14/ 11)

Vista Municipal Code

the service station. 4. A " no fee" permit must be issued for each promotion by the Director of Planning before such promotion may take place. G. Public telephones are permitted, provided they shall not be within 20 feet of any street frontage property line and are located so as to be visible from the public right-of-way and accessible on a 24- hour basis. H. Products which render an express convenience of service to the customer such as pump island racks, containing oil cans and additives, may be displayed under the pump island canopy when maintained in a cabinet or display rack. Such cabinets or racks shall not obstruct vehicular access to pump island. I. The sales and rental of any type of merchandise not related to the motoring public is prohibited. J. Tow trucks and similar service vehicles may be allowed if approved as part of the special use permit and shall be parked only in an area expressly provided and approved as part of the special use permit. K. It is not the intent of this section to prohibit such proprietary items as road maps, highway flares, insecticides or other small items incidental and related to the convenience of the motoring public. L. The use of a service station as a commercial parking lot is prohibited unless expressly approved as part of the special use permit. M. Storage and trash shall be kept only in areas approved as part of the special use permit and shall not be placed higher than the walls enclosing such areas. Trash may be collected in containers at the pump islands or inside buildings and service bays. N. Hours of operation may be designated as part of the special use permit if exceptional circumstances exist such as close proximity to residential zones. O. The removal, overhaul and replacement of motors, differentials and transmissions is permitted, provided these activities occur within a completely enclosed building and on vehicles with a rated capacity not to exceed one and one- half tons. These activities shall constitute only an accessory and incidental use of the service station operation and shall not create obnoxious odors, smoke, noise, vibration or otherwise create a nuisance. Prior Code Appendix A 2703)

Section 18. 62. 050 Combined Uses

Service stations combined with another use may be approved as part of the special use

permit, provided the other use is permitted within the zone district, parking and access is provided for the customers in an area additional to the area required for the service station and access to the other use is safe and not in conflict with the service station. Prior Code Appendix A 2704)

Section 18. 62. 060 Site Location

Automobile service stations shall be located only at intersections of streets and highways designated on the City' s adopted Circulation Element of the General Plan or in commercial centers, as follows: A. Prime arterials and/ or major streets having a right-of-way width of 100 feet. B. Collector streets having a right- of-way width of 84 feet. C. Within the C- 1 zone, a service station may be situated fronting on a primary thoroughfare and siding on a freeway right- of-way. D. Within commercial developments with a land area of two acres or more under

one ownership. Prior Code Appendix A 2705)

18. 62 ( 3) Vista 7/ 14/ 11)

Vista Municipal Code

Section 18. 62. 070 Development Standards

The architectural design of service station developments shall be compatible with the

character of development of the area in which it is to be located; however, innovative architectural design and site layout which would contribute to the efficiency and appearance of the station and minimize adverse effects on adjacent property is encouraged. A. Site Size. 1. Corner Site. The minimum area of a corner site shall be 22, 500 square feet, with a minimum frontage of 150 feet on one street unless located within a commercial development of two acres or more. 2. Shopping Center Site. When service stations are developed as a part of a commercial development with an area greater than two acres, the service station site may be reduced to 15, 000 square feet, provided the additional required area is provided within the

mutual parking and areas. B. Access. 1. Two driveways on each street frontage may be permitted with the approval of the City Engineer. Access driveways shall be no closer than 35 feet from the point of intersection of the ultimate right-of-way lines of the adjoining street, but in no case closer than five feet to the point of curb return. Such driveways shall be at least 25 feet apart and they may be no closer than five feet to the side property line. 2. Whenever possible, a combined driveway for both the service station and adjacent shopping center or commercial property shall be designated and provided. C. Lot Grading and Drainage. Grading of service station sites shall provide a minimum rise, in order to ensure required fall for drainage, and shall be engineered in a compatible manner with the surrounding properties. All drainage to the street shall be by underground structures to avoid drainage across City sidewalks or drive aprons, and shall be subject to the approval of the Director of Public Works. D. Utilities. All on- site utilities ( electrical and communication) shall be installed underground. Existing off-site abutting utility lines shall be converted to underground if street widening necessitates relocation of such utility facilities. E. Setbacks. All buildings shall be set back from interior and street frontage property lines a minimum of 30 feet; pump islands parallel to the adjacent street shall be situated a minimum of 20 feet from all property lines; pump islands perpendicular to the adjacent street shall be a minimum of 24 feet from all property lines; and canopies shall be a minimum of ten feet from any street frontage property line. F. Canopy Structure. Every pump island shall be covered by a canopy structure designed and constructed of material to blend with the main building. Where design permits, the pump island canopy structure shall be attached to and made an integral part of the main building structure. G. Storage Area. Each service station shall have a storage area. The required storage area may be constructed outside of the main building; provided, that it be enclosed by a six-foot- high solid masonry wall, containing an opening enclosed with a view-obscuring gate made of a durable metal material, and be roofed and contiguous to the main building unless approved otherwise as part of the special use permit. H. Trash Enclosures. 1. Each service station shall have at least one trash enclosure. All outside trash areas shall have a minimum area of 100 square feet with a minimum dimension of five feet by eight feet, have a concrete floor, be constructed to accommodate a refuse container, and

18. 62 ( 4) Vista 7/ 14/ 11)

Vista Municipal Code

except for one entrance, are to be surrounded by a six-foot- high solid wall constructed in a manner so that the materials used will blend architecturally with the design of the main structure. The entrance shall be enclosed with a view-obscuring gate made of a durable metal material. 2. No trash, including discarded oil cans, batteries, signs, tires, etc., shall be stored or deposited on any section of the site, except in the trash area. Solid doors leading into the trash area shall be maintained in working condition. I. Restrooms. All restroom entrances shall be situated either to the side, to the rear or within the main building. The restroom area may be situated in a location other than above if approved by the Planning Commission as part of the special use permit. J. Parking. There shall be a minimum of five parking spaces or one parking space for each pump island and two parking spaces for each service bay, whichever is the greater. The parking area shall conform to the standards set forth in Sections 18. 02. 515 and 18. 54. 040. All parking spaces shall be clearly marked and no parking may be allowed on sidewalks, parkways, driveways, alleys or planted areas. K. Lighting. All exterior lighting, including canopy lighting and perimeter lighting, shall be located, arranged and shielded so as to prevent substantial glare or reflection onto adjacent properties or public rights- of-way. L. Perimeter Walls and Landscape Separation. 1. Perimeter Walls. Whenever a service station abuts property in a residential zone, there shall be constructed along the property line abutting the residential zone a solid decorative masonry wall not less than six feet high measured from finish grade elevation of abutting residential property; however, the wall shall not exceed two and one- half feet high at a common right- of-way and property line intersection and shall extend at such height to the setback line of the adjacent property. Walls need not be installed when building walls or other acceptable walls already exist on such property lines, or the service station is part of a shopping center development. The wall requirements may be modified as part of the special use permit. 2. Walls as Landscaped Separation. A wall constructed on the interior property lines shall make provisions for tree wells or landscaped planting areas not less than 16 square feet in area. When included as part of the wall design, the wells or planting shall be spaced not less than eight feet nor more than 16 feet apart. Contiguous planters or planters of uneven length may satisfy this requirement if they are at least one-third of the length of the wall and include trees planted not more than 16 feet apart. M. Landscaping. At least ten percent of the site shall be landscaped with plant materials designed to provide beautification and screening. Planting areas shall include, but are not limited to, the following: 1. All landscaped planters shall be enclosed with a brick or concrete curb not less than six inches high above the finished grade of the site. 2. A minimum five- foot- wide ( inside dimension) raised planter, with six- inch curb face made of concrete or brick, shall be provided along all street property lines between street access points for purposes of separating pump islands from the sidewalk. Landscaped planters may be rounded at driveway entrances utilizing a minimum ten- foot radius. 3. A minimum of 150 square feet of raised planter with curb, minimum six inches in height, shall be provided at the street frontage of the intersecting corner of the site, from curbcut to curbcut. 4. All planting other than trees shall be so maintained so as not to exceed a height greater than 30 inches, shall not be thorny or spiked, and shall not extend over the sidewalk or public right- of- way. 5. Fifteen- gallon trees shall be placed in the parkway area ( between curb face and back of sidewalk) with spacing and variety of trees to be determined by the director of building and planning.

18. 62 ( 5) Vista 7/ 14/ 11)

Vista Municipal Code

6. The main structure of each service station shall be provided with masonry

enclosed planters adjacent to all buildings areas not occupied by doorways, trash areas, bay openings or other such reasonable areas of deletion, or possess a 42- inch- high masonry veneer wall. This provision shall apply in such cases where metal buildings are constructed. 7. Except for common traffic movement drives, service stations within shopping centers or tourist centers shall be delineated from the remainder of the property by a landscaped buffer with minimum inside dimensions of four feet and enclosed by a six- inch concrete or brick curb. Common and integrated traffic movement drives between the service station and the remainder of the property shall be encouraged. 8. All planting areas shall be provided with a permanent irrigation system of a design suitable for the type and arrangement of the plant material selected. 9. All planted areas shall be maintained so as not to constitute a health or fire hazard. N. Restroom Facilities. All service stations shall provide restroom facilities. Prior Code Appendix A 2706)

Section 18. 62. 080 Signs

Prior Code Appendix A 2707; Ord. No. 92- 25, Repealed, 11/ 17/ 92)

Section 18. 62. 090 Conflict of Provisions

In the event of conflicting provisions between these development standards and any

development standards required by the zone district where development will occur, the development standards required by this chapter shall take precedence. Prior Code Appendix A 2709)

Section 18. 62. 100 Issuance and Posting of Permit

A. It shall be the duty of the City Clerk, or other licensing officer designated to issue

business licenses, to furnish the applicant for a license to operate an automobile service station a copy of the approved special use permit. B. It shall be the responsibility of the licensee to post in a location visible to all employees a list of all conditions of the approved special use permit resolution. Prior Code Appendix A 2708)

Section 18. 62. 110 Nonconforming Uses Lawful When

Service stations existing prior to the adoption of the regulations codified in this chapter that do not comply with the permitted activities and services, or the requirements regarding trash enclosures and landscaping, shall be considered a lawful, nonconforming use. Prior Code Appendix A 2710)

18. 62 ( 6) Vista 7/ 14/ 11)

Vista Municipal Code

Chapter 18. 64

Site Development Plans and Plot Plans

Sections:

18. 64. 010 Purpose and Intent
19. 64. 020 Site Development Plan Required
20. 64. 030 Exemptions from the Site development Plan Process
21. 64. 035 Plot Plan Required
22. 64. 040 Pre- Application Conference Procedure for Site Development Plans
23. 64. 050 Site Development Plan Application Procedure
24. 64. 060 Review and Evaluation Procedure
25. 64. 070 Actions on Applications
26. 64. 080 Appeal of Zoning Administrator and/or Planning Commission Action
27. 64. 090 Conformance of Subsequent Development Permits with the Approved Site Development and Plot Plan
28. 64. 100 Expiration and Extension
29. 64. 110 Fees
30. 64. 120 Variance from Provisions, Repealed
31. 64. 130 Special Use and Other Permits, Repealed
32. 64. 140 Conformance, Repealed
33. 64. 150 Expiration, Repealed
34. 64. 160 Fees, Repealed

Section 18. 64. 010 Purpose and Intent

A. The purpose of a site development and plot plans is to provide a means for review of proposed developments to: 1. Ensure that the provisions of the City of Vista General Plan, City code code and including fire building code), state laws, Design Review Manual and policy requirements are recognized and complied with. 2. Ensure that sound design practices are followed, and proper public facilities and rights- of-way are recognized and provided. 3. Determine that a lot or parcel and the buildings, structures or improvements proposed are suitable for the use requested. 4. Maintain and encourage high standards of development. B. The intent of the site development and plot plans is to: 1. Promote the orderly and harmonious appearance of buildings, structures and property within the City along with associated facilities, such as, but not limited to, streets, parking areas, landscaping and signs. 2. Ensure that new developments and/ or additions, including residential, commercial, industrial, institutional, and public/ quasi- public projects do not have an adverse health, safety, aesthetical, or architecturally related impact on existing adjoining properties, or the City in general. 3. Provide to the applicant an informative review to assist in the efficient and coordinated processing of projects consistent with City standards and requirements. C. It is not the intent of this chapter to restrict imagination, innovation or variety, but rather to focus on design principles which will result in creative solutions for the project and quality development for the City. Prior Code Appendix A 2800; Ord. No. 91- 41, Amended, 12/ 10/ 91; Ord. No. 2012- 12, Amended, 10/ 9/ 12)

18. 64 ( l) Vista 2/ 14/ 20)

Vista Municipal Code

Section 18. 64. 020 Site Development Plan Required

Site development plans shall be required and shall be subject to all requirements of the Site development plan procedures for the following projects: A. Residential projects containing five or more dwelling units on a single parcel or lot. This requirement includes those existing projects where one or more additional dwelling unit( s) is proposed on a building site containing four or more such units. offices), industrial, institutional, government, and B. New commercial ( including quasi- public projects. C. Any project proposed in a zoning district subject to Specific Overlay Zoning Standards including, but not limited to, Scenic Preservation District ( SP) or Open Space ( OS) districts. D. Unless otherwise exempted by Section 18.64.030, a previously approved site development plan which is amended to: 1. Increase land use or building occupancy intensity 2. Increase the gross floor area 3. Change the grading or degree of slope 4. Alter the drainage flow or system 5. Require any modification of previous requirements E. Projects which require a separate development permit such as a Special Use Permit, Planned Residential Development Permit, Condominium Housing Permit, or similar development permit. The approval process for the site development plan shall be combined with process for the other development permit. Approval or denial of the otherthe hearing development permit shall include approval or denial of the site development plan. Prior Code Appendix A 2801; Ord. No. 91- 41, Amended, 12/ 10/ 91)

Section 18. 64. 030 Exemptions from the Site Development Plan Process

The following projects may be issued building permits without the requirement for a site

development plan. However, they shall be subject to conformance with all development standards specified in the General Plan, applicable specific plan, zoning ordinance, fire code, building code, and Design Review Manual. The Zoning Administrator shall certify conformance prior to building permit issuance. The following projects are exempt: A. Additions or alterations to existing structures provided that the addition or alteration will not result in an increase of more than the following: 1. Residential: 50 percent of the floor area of the structure before the

addition or alteration. 2. Commercial ( including offices), institution, or quasi- public: 25 percent of the floor area of the structure before the addition alteration, or 2, 500 square feet, whichever is less. 3. Industrial: 25 percent of the floor area of the structure before the addition or alteration, or 5, 000 square feet, whichever is less. B. Reserved C. Reserved D. New structures on legal lots within an approved specific plan area where such lots have been graded and improved in accordance with approved plans, and where the use of such structure is consistent with the conditions of the specific plan. This exemption is provided only under the following circumstances: 1. The applicant provides, with his application, evidence of the project' s conformance with all conditions of the specific plan.

18. 64 ( 2) Vista 2/ 14/ 20)

Vista Municipal Code

2. The project is exempt from the California Environmental Quality Act

CEQA). E. Any project below the threshold specified in Section 18. 64. 020. F. Facade modifications to existing multi- tenant commercial/ industrial development. Prior Code Appendix A 2801; Ord. No. 91- 41, Amended, 12/ 10/ 91; Ord. No. 2020- 1, Amended, 1/ 14/ 20)

Section 18. 64. 035 Plot Plan Required

Except as provided below, plot plans shall be required in all instances where a project

requires the submission of a plot plan as provided in this Code and for all projects exempted by section 18. 64. 030 from the requirement for a site development plan. Notwithstanding the foregoing, the Zoning Administrator can determine to exempt a project described in section 18. 64. 030 from the requirement to secure a plot plan when the Zoning Administrator determines that the purpose and intent set forth in Section 18. 64. 010 can be achieved without processing a plot plan application. Ord. No. 2012- 12, Added, 10/ 9/ 12)

Section 18. 64. 040 Pre-Application Conference Procedure for Site Development Plans

A. Prior to submittal of a site development plan application the sponsor of a project is encouraged, but not required, to request a Pre-Application Conference with City staff. In addition, the Zoning Administrator may require a pre- application conference for any site development plan application and/ or proposed exemptions to the site development plan requirements as described in Section 18. 64. 030. Objectives of the Pre- Application Conference include, but are not limited to, the following: 1. To familiarize sponsors of projects with City regulations and the concerns of City departments prior to preparation of development plans. 2. To familiarize department representatives with proposed projects and provide an opportunity for an exchange of views on project characteristics that are of mutual concern. 3. To enable the Zoning Administrator to discuss project impacts with representatives of other City departments, agencies, or utilities prior to making an environmental determination. 4. To allow City departmental, agency or utility representatives to discuss potentially significant environmental impacts, the nature of mitigation measures, and the need for background studies to be submitted with the project application. B. A request for a Pre- Application Conference shall be initiated by filing the following items with the Zoning Administrator: 1. A pre-application letter requesting concept plan review and stating that the applicant is the property owner or authorized agent; and 2. Twelve copies of the following: a. A conceptual site plan and vicinity map showing the relationship of the site plan to the surrounding area. b. Preliminary calculations in tabular form showing compliance with applicable density, coverage, floor area, parking, and open- space regulations. C. Conceptual elevations of proposed structures and signs, with exterior materials and openings indicated. C. Upon receipt of a Pre-Application Conference request, the Zoning Administrator shall set a time and place for the conference, transmit notice of the meeting and a copy of all required plans and materials to each affected City department, agency or utility and mail a notice of the meeting to the applicant. The conference shall be held within 15 working days of

18. 64 ( 3) Vista 2/ 14/ 20)

Vista Municipal Code

the date the request is received, unless the applicant requests a later date.

D. At the Pre- Application Conference, the Zoning Administrator may indicate environmental constraints which, on the preliminary review, appear to be associated with the proposed project. The Zoning Administrator shall describe the requirements of the site development plan review process. Department representatives shall: 1. Identify any concerns based on preliminary review of project plans and materials. 2. Discuss the project with the applicant to establish an understanding of the applicant' s intent. 3. Review the preliminary determinations of the Zoning Administrator, including potential significant environmental impacts, the nature of any mitigation measures, and any background studies that may be required with the project site development plan application. E. All determinations by the Zoning Administrator and City departmental representatives relating to mandatory requirements as set forth in the Municipal Code and relevant ordinances of the City of Vista shall be incorporated into the site development plan application. If said determinations are not incorporated, the applicant risks rejection of application because of noncompliance with mandatory provisions of the Municipal code and relevant ordinances. Recommendations of the Zoning Administrator and the City departmental representatives discussed during the conference which do not relate to mandatory requirements may be incorporated into the required site development plan application documents as desired by the applicant. Prior Code Appendix A 2801; Ord. No. 91- 41, Amended, 12/ 10/ 91)

Section 18. 64. 050 Site Development Plan Application Procedure

The Zoning Administrator shall prepare and provide the necessary application forms for

the site development and plot plans, including the information, plans, drawings and documentation which shall accompany each application. The required information shall include the submittal of a conceptual landscape plan, and where applicable, a comprehensive sign program. The application forms may be obtained from the City Planning Department and shall be submitted to the Office of the Zoning Administrator. Prior Code Appendix A 2801; Ord. No. 91- 41, Amended, 12/ 10/ 91; Ord. No. 2012- 12, Amended 10/ 9/ 12)

Section 18. 64. 060 Review and Evaluation Procedure

A. Site development and plot plans shall be reviewed and evaluated by the Zoning Administrator for compliance with the standards listed below. However, any provisions in Section 18.64.060 governing the time in which a City official is to act shall, in all instances, be deemed directory, rather than mandatory. The standards are: 1. Applicable elements of the General Plan Zoning District Regulations; Design Review Manual, including the community' s goals and objectives as established by said documents; all City ordinances, City policies, state laws, and applicable safety codes. 2. Specific conditions of approval that have been levied as a result of any previous discretionary approval( s); examples of which include, but are not limited to the following: subdivision map, specific plan, special use permit, etc. 3. The provision of required on and off- site improvements to implement the purpose and intent of this Ordinance and the City' s design and development standards. B. Subsequent to the submittal of a site development or plot plan application, it shall be reviewed by the Zoning Administrator for completeness and compliance with the filing

18. 64 ( 4) Vista 2/ 14/ 20)

Vista Municipal Code

instructions/ requirements. Incomplete applications shall be rejected and/ or returned to the applicant within ten working days to be completed. C. After an application is complete for a site development plan, a public hearing shall be scheduled to consider the application, with notice of the time and place of the hearing being provided to all property owners within 500 feet of the project site. Plot plans applications reviewed by the Zoning Administrator shall be considered administratively without a noticed hearing. Prior Code Appendix A 2801; Ord. No. 91- 41, Amended, 12/ 10/ 91; Ord. No. 2012- 12, Amended 10/ 9/ 12)

Section 18. 64. 070 Actions on Applications

A. The Zoning Administrator, Planning Commission, or City Council shall approve, conditionally approve, or disapprove an application for a site development plan. Said action shall be in the form of a resolution which shall make all findings set forth in Section 18. 64. 060A1, 2, 3. 1. If the Zoning Administrator, Planning Commission, or City Council finds that the site development or plot plan conforms to the requirements of this code and other pertinent laws and ordinances, the General Plan, zoning ordinances, Design Review Manual, City policies, and that the fees have been paid, the Zoning Administrator, Planning Commission, or City Council shall approve the site development or plot plan. 2. A copy of the Zoning Administrator, Planning Commission, or City Council action shall be sent to the applicant, the Planning Commission, the City Council and all persons who commented on the project. B. The Zoning Administrator may refer the site development plan, along with his recommendation for approval, conditional approval, or disapproval to the Planning Commission for their consideration and action pursuant to Section 18. 64. 070C below. As a minimum, the following projects shall be referred to the Planning Commission: 1. Residential projects containing more than 10 units. 2. Commercial office, and quasi- public projects proposing more than 10, 000 square feet of floor area. 3. Industrial projects proposing more than 20, 000 square feet of floor area. 4. Any project which requires an Environmental Impact Report. 5. Any project which in the opinion of the Zoning Administrator will generate substantial public controversy or appears to be in conflict with the Design Review Manual. 6. Projects which in the Zoning Administrator' s opinion are in conflict with the purpose and intent of this chapter as specified in Section 18. 64. 010. C. A public hearing shall be required for any site development or plot plan referred to the Planning Commission and/ or City Council. The Planning Commission and/ or City Council may approve, conditionally approve, or disapprove an application for a site development or plot plan in accordance with Section 18. 64. 070. D. A copy of the Planning Commission and/or City Council action shall be sent to the applicant and all persons who commented on the project. Prior Code Appendix A 2801; Ord. No. 91- 41, Amended, 12/ 10/ 91; Ord. No. 2012- 12, Amended 10/ 9/ 12)

Section 18. 64. 080 Appeal of Zoning Administrator and/ or Planning Commission Action

or The action of the Zoning Administrator Planning Commission in approving, conditionally approving, or denying a site development or plot plan may be appealed pursuant to Section 18. 04. 150. Prior Code Appendix A 2802; Ord. No. 91- 41, Amended, 12/ 10/ 91; Ord. No. 2012- 12, Amended 10/ 9/ 12)

18. 64 ( 5) Vista 2/ 14/ 20)

Vista Municipal Code

Section 18. 64. 090 Conformance of Subsequent Development Permits with the Approved Site Development and Plot Plan

A. All approved building plans shall include a certification by the architect or

designer that the building plans conform to the approved site development or plot plan. A copy of the approved site development or plot plan shall be attached to the approved building plans and maintained at the project site for ease of reference. B. No grading, construction or other improvement shall take place on a project site subject to any approved site development or plot plan; nor shall any activity ( land use) be located thereon except in conformance with the approved site development or plot plan. Prior Code Appendix A 2803; Ord. No. 91- 41, Amended, 12/ 10/ 91; Ord. No. 2012- 12, Amended 10/ 9/ 12)

Section 18. 64. 100 Expiration and Extension

A. Any approval of a site development or plot plan shall expire within one year of such approval except where construction in reliance on such approval has commenced prior to its expiration. B. If construction on the property in reliance on a site development or plot plan approval has not commenced within the one-year period, an extension of approval may be granted by the Zoning Administrator for a period not exceeding one year from the date of expiration of the original approval. 1. Applications for extension of time shall be filed in writing with the zoning administrator no later than 60 days prior to the expiration date of the approval period. 2. Applications for extensions may be required to conform with policies, procedures and standards in effect at the time of the request for extension. The Zoning Administrator shall consult with other City departments to determine if their policies, procedures, and standards have changed. C. A site development or plot plan for which construction has commenced as set forth in Subsection A of this section shall remain valid and effective for a period of three years from the date of final approval by the City of the site development or plot plan, provided that the actual construction shall have commenced within the period set forth in Subsections A or B of this section. Prior Code Appendix A 2804; Ord. No. 91- 41, Amended, 12/ 10/ 91; Ord. No. 94- 24, Amended, 10/ 25/ 94; Ord. No. 2012- 12, Amended 10/ 9/ 12)

Section 18. 64. 110 Fees

The fees for the various site development or plot plan applications shall be established

by resolution of the City Council and may be amended from time to time to ensure recovery of the necessary cost for processing such applications. Prior Code Appendix A 2805; Ord. No. 91- 18, Amended, 07/ 09/ 91; Ord. No. 91- 41, Amended, 12/ 10/ 91; Ord. No. 2012- 12, Amended 10/ 9/ 12)

Section 18. 64. 120 Variance from Provisions

Prior Code Appendix A 2806; Ord. No. 91- 41, Repealed, 12/ 10/ 91)

Section 18. 64. 130 Special Use and Other Permits

Prior Code Appendix A 2806. 5; Ord. No. 91- 41, Repealed, 12/ 10/ 91)

18. 64 ( 6) Vista 2/ 14/ 20)

Vista Municipal Code

Section 18. M. 140. Conformance

Prior Code Appendix A 2807; Ord. No. 91- 41, Repealed, 12/ 10/ 91)

Section 18. 64. 150 Expiration

Prior Code Appendix A 2808; Ord. No. 91- 41, Repealed, 12/ 10/ 91)

Section 18. 64. 160 Fees

Prior Code Appendix A 2809; Ord. No. 91- 41, Repealed, 12/ 10/ 91)

18. 64 ( 7) Vista 2/ 14/ 20)

Vista Municipal Code

Chapter 18. 66

Minor Use Permits

Sections:

18. 66. 010 Special Land Uses Defined
19. 66. 020 Minor Use Permits — Defined - When Required
20. 66. 030 Minor Use Permits — Procedure
21. 66. 035 Minor Use Permits — Procedures for ABC- Licensed Uses
22. 66. 040 Special Land Use Conditions
23. 66. 050 Animals
24. 66. 060 Aviaries
25. 66. 070 Chinchilla Raising
26. 66. 080 Clubs and Lodges
27. 66. 090 Commercial Coaches
28. 66. 100 Day Care and Boarding of Children
29. 66. 110 Guesthouses
30. 66. 120 Restaurants or Drive- In Eating Establishments Which Have Outdoor Seating Facilities
31. 66. 130 Parks
32. 66. 140 Public Buildings and Uses
33. 66. 150 Recreational Facilities
34. 66. 160 Recycling Processing Facilities
35. 66. 170 Rental/ Leasing of Motor Vehicles and Trailers
36. 66. 180 Schools
37. 66. 190 Subdivision Signs

Section 18. 66. 010 Special Land Uses Defined

Special land uses" means those land uses which, being temporary or unusual in nature,

are in need of more regulation than most uses, but are not of such impact so as to require the findings necessary for the granting of a special use permit. Prior Code Appendix A 3000)

Section 18. 66. 020 Minor Use Permits - Defined - When Required

A. " Minor use permits ( MUP)" means permits granted for the special land uses set

forth in this chapter. B. No use defined as a special land use shall be permitted unless and until a MUP is granted for such use, nor shall any such special land use be permitted unless all conditions required by the MUP are adhered to. Prior Code Appendix A 3001)

Section 18. 66. 030 Minor Use Permits - Procedure

A. All MUPs must be issued by the Zoning Administrator according to the following

procedure: 1. All MUP applications must be submitted to the Planning Division on forms supplied by the division.

18. 66 ( l) Vista 11/ 24/ 17)

Vista Municipal Code

2. Within 30 days of the date of a complete submittal of an application for a

minor use permit, the Zoning Administrator or his designee shall hold a hearing on the application notice which was given pursuant to Section 18. 04. 060B. After the hearing, the Zoning Administrator shall make a decision on the MUP. 3. An appeal of the decision of the Zoning Administrator shall be filed pursuant to Section 18. 04. 150. B. Conditions. In approving or denying an MUP, the Director of Planning may condition the MUP as he deems necessary to minimize the impact of the special land use on the city as a whole and the area surrounding the operation in particular. As a minimum, the following conditions shall be placed on the granting of a minor use permit: 1. The special land use must be a permitted use in the zone in which it is located. 2. All conditions required for approval of the use in this chapter must be conditions of the permit. 3. The Zoning Administrator may impose such additional conditions as he deems are necessary to meet the intent of this chapter. C. Findings. 1. In approval of a Minor Use Permit, the Zoning Administrator, or on appeal of the City Council or Planning Commission, must make the same findings required for special use permit in Section 18. 74. 120. These findings are in addition to those required elsewhere in this code. D. Time Limits. 1. Each permit shall specify the length of time that the permit is effective. E. Display of Permit. 1. All special land uses shall conspicuously display the MUP granted for the use for view of the public at large, unless this condition is waived by the Director of Planning or the Planning Commission. Failure to display the permit shall be deemed a violation of the permit. F. Notwithstanding paragraphs A through E, an MUP for a Department of Alcoholic Beverage Control ( ABC)- licensed use shall be reviewed using the procedures set forth in Section 18. 66.035. Prior Code Appendix A 3002; Ord. No. 1991- 18, Amended 07/ 19/ 91; Ord. No. 1994- 14, Amended 05/ 24/ 94; Ord. No 2014- 8, Amended to Add 03/ 25/ 14; Ord. No. 2017- 17, Amended, 10/ 24/ 17)

Section 18. 66. 035 Minor Use Permits — Procedures for ABC- Licensed Uses

A. General. An applicant seeking an MUP for an ABC- licensed use anywhere in the City shall be governed by the general procedures of Section 18. 66. 030, except when the use is a qualifying ABC- licensed use which shall be governed by the procedures in paragraph C of this Section. B. Definitions. 1. ABC- licensed use" means any primary use allowed in a zone where the business or use: ( 1) will engage in the sale of alcoholic beverages whether those sales are retail only or a combination of retail and wholesale, will expand the area of land in which alcoholic beverages sales occur, or will intensify the use of land for the sale of alcoholic beverages through a licensing change or other change; and ( 2) such sales activities do not otherwise require the business or use to obtain a Special Use Permit or MUP under this Code. use" means any ABC- licensed use with a 2. Qualifying ABC- licensed pending MUP application in which the applicant has consented to the standard conditions for ABC- licensed uses. Such standard conditions shall be set by resolution of the City Council from time to time.

18. 66 ( 2) Vista 11/ 24/ 17)

Vista Municipal Code

C. Procedures for MUPs Involving ABC- Licensed Uses. MUPs for qualifying ABC-

licensed uses shall be reviewed, issued, or denied according to the following procedure: 1. MUP applications must be submitted to the Planning Division on forms supplied by the division. a. The application shall identify the primary use occurring on the property or proposed to occur on the property. b. The application shall identify the nature of the alcohol sales which are scheduled to occur on the property and the type of license which the applicant proposes to obtain from the ABC.

C. The application shall provide such other information as may be

reasonably required by the Community Development Director. d. The application shall include, as an attachment, a copy of the standard conditions for ABC- licensed uses with evidence that the applicant has agreed to accept those conditions should an MUP be issued. e. The application shall be accompanied by an application fee, if any, set by resolution of the City Council. 2. Within 20 days of receipt of a complete application, the Zoning Administrator shall review and act on the application. The application shall be approved, without a hearing, if all of the following are confirmed: a. The primary use conducted or to be conducted on the property is permitted in the zone without the need of a special use permit or MUP, and the proposed sales of alcohol are not legally prohibited at the location of the proposed use. b. The license sought by the applicant from the ABC, if obtained, will be sufficient to authorize the applicant' s proposed activities which are subject to regulation by the ABC. C. The applicant has accepted the standard conditions for ABC- licensed uses. 3. The application shall be denied unless all of the requirements set forth in paragraph 2 are satisfied. If the application is denied, a notice of denial, explaining the basis for denial, shall be delivered by the Zoning Administrator to the applicant. 4. An action denying an application shall be subject to one written request for reconsideration made to the Zoning Administrator within ten days of the date of the denial notice which shall explain why the applicant disagrees with the determination of the Zoning Administrator. Within 20 days of receipt of the request for reconsideration, the Zoning Administrator shall review and act on the request for reconsideration by providing a written determination to the applicant. Notwithstanding any other provisions of this title, the decision of Zoning Administrator following reconsideration shall be final and not subject to further review. 5. Once an MUP is issued, it shall be subject to modification or revocation in accordance with Section 18. 74. 280. Ord. No. 2014- 8, Added, 03/ 25/ 14; Ord. No. 2015- 14, Amended 8/ 11/ 15)

Section 18. 66. 040 Special Land Use Conditions

All special land uses must be listed in this chapter as well as in the zoning regulations of

the zone in which it is provided. All special land uses shall be listed alphabetically in this chapter. Each such use shall be listed in a separate section of this chapter and shall include any special conditions required for granting of the minor use permit. Prior Code Appendix A 3003; Ord. No. 1980- 10, Amended to Add 03/ 24/ 80)

18. 66 ( 3) Vista 11/ 24/ 17)

Vista Municipal Code

Section 18. 66. 050 Animals

Where the granting of a minor use permit is required for the keeping of animals, the

following conditions must be met: A. An application for a minor use permit for the keeping of animals shall be made to the Director of Planning. B. The Director of Planning may approve a minor use permit for keeping of animals as provided for elsewhere in the zoning ordinance. C. The applicant for the minor use permit, as part of the application, shall provide the Director of Planning with written consent of the majority of property owners of each parcel of land within 300 feet of the boundary of the site of the proposed minor use permit. Prior Code Appendix A 3010)

Section 18. 66. 060 Aviaries

In granting a minor use permit for an aviary, the Director of Planning shall follow the

same criteria set forth in Section 18. 66. 050. Prior Code Appendix A 3005)

Section 18. 66. 070 Chinchilla Raising

Chinchilla raising" means raising for commercial or other purposes of more than 25

chinchillas on any building site. Prior Code Appendix A 3017)

Section 18. 66. 080 Clubs and Lodges

Clubs" and " lodges" means recognized fraternal or service organizations not operated

for profit. Prior Code Appendix A 3019)

Section 18. 66. 090 Commercial Coaches

A minor use permit may be granted subject to the following conditions and the hearing officer may levy such other conditions as may be determined reasonably necessary: A. The use of any commercial coach shall be limited to a period of time not to exceed eighteen months. B. Any commercial coach shall be removed from the project site upon expiration of the minor use permit or any building permit issued on the project site, whichever is first. C. Commercial coaches shall not be permitted on any project site unless a building permit for a permanent structure is issued concurrently with the minor use permit. D. Any commercial coach to be placed on a project site shall comply with all applicable building and fire codes or any other applicable law or regulation. Prior Code Appendix A 3018)

Section 18. 66. 100 Day Care and Boarding of Children

Day care" and "boarding of children" means the professional supervised care of children

on a full- time or part- time basis. Prior Code Appendix A 3025)

18. 66 ( 4) Vista 11/ 24/ 17)

Vista Municipal Code

Section 18. 66. 110 Guesthouses

One guesthouse is permitted on a lot or building site having an area of not less than

10, 000 square feet. Prior Code Appendix A 3050)

Section 18. 66. 120 Restaurants or Drive- In Eating Establishments Which Have Outdoor Seating Facilities

Prior Code Appendix A 3081. 5; Ord. No. 1992- 16, Repealed 09/ 08/ 92)

Section 18. 66. 130 Parks

Parks consisting of public and or private parks may be approved by the Director of

Planning, including any uses normally conducted within a park. No additional minor use permits or temporary use permits are needed for such normal operations, and any special operation that may be designated in the approved permit; provided, that in addition to other conditions, the Director of Planning may add time limits for any special activities. Prior Code Appendix A 3072)

Section 18. 66. 140 Public Buildings and Uses

Public buildings and uses" means any building or use constituted or operated for or by a

governmental agency, special district or public or private utility or railroad, including all uses normally appurtenant or deemed appurtenant by the City to the primary use. Public buildings and uses shall not include recreational uses, schools or parks unless these uses are not regulated elsewhere or unless these uses are appurtenant to the primary public use. The applicable portion of this section shall not apply to that zoning district where the use is otherwise allowed in the zoning district. Prior Code Appendix A 3075)

Section 18. 66. 150 Recreational Facilities

Recreational facilities" means and includes public or private golf, tennis, swimming, polo, riding, hunting or similar sporting facilities, except those included as part of a public park. Such facilities also include all necessary service and accompanying facilities. Prior Code Appendix A 3079; Ord. No. 1981- 74, Amended to Add, 12/ 14/ 81)

Section 18. 66. 160 Recycling Processing Facilities

Recycling processing facilities are subject to the provisions of the applicable zoning

district regulations and Chapter 18. 64. Prior Code Appendix A 3013)

Section 18. 66. 170 Rental/ Leasing of Motor Vehicles and Trailers

A. Rental/ leasing of motor vehicles and trailers, other than in a vehicle sales lot,

may be approved where the activity is an ancillary (secondary) use on a site containing another use ( which is considered the primary use; e. g., automobile service station or other retail sales or service activity) and such use would result in an intensification of the primary use( s) on the site. Such rentals may include commercial vehicles, house cars or trailers when specified by the use permit.

18. 66 ( 5) Vista 11/ 24/ 17)

Vista Municipal Code

B. The following limitations shall apply where the activity is to be located in a C- 1

zoning district: 1. Commercial vehicles shall be limited to those with no more than two axles and not exceeding an overall length of 20 feet. Semi- tractors and semitrailers are specifically excluded or prohibited. 2. Trailers shall be limited to those with only one axle and a maximum length of 12 feet. 3. Commercial vehicles and trailers shall be limited to those designed to transport cargo and not for human or animal occupancy. Prior Code Appendix A 3081)

Section 18. 66. 180 Schools

Schools" means any public or private educational facility and any accessory thereto.

Prior Code Appendix A 3082)

Section 18. 66. 190 Subdivision Signs

Subdivision signs may be allowed in accordance with the applicable provisions of

Chapter 18. 64. Prior Code Appendix A 3090)

18. 66 ( 6) Vista 11/ 24/ 17)

Vista Municipal Code

Chapter 18. 67

Operations Use Permit

Sections:

18. 67. 010 Operations Use Permit Defined
19. 67. 020 Operations Use Permit Application
20. 67. 030 Review of Application
21. 67. 040 Termination of Operations Use Permit
22. 67. 050 Parking Lots
23. 67. 060 Fees
24. 67. 070 Violation and Penalty

Section 18. 67. 010 Operations Use Permit Defined

Operations use permit" means a permit issued in accordance with this chapter, authorizing the placement of water vending machines and/or the display merchandise for sale outside a store frontage. Ord. No. 93- 20, Enacted, 07/ 27/ 1993; Ord. No. 2005- 14, Amended, 06/ 28/ 2005)

Section 18. 67. 020 Operations Use Permit Application

An application for an operations use permit shall be made to the Zoning

Administrator/ City Planner on such form as may be prescribed. At minimum, the application shall include the following: A. If the application seeks permission to display merchandise, the application shall include a list of the specific items requested to be displayed for sale. Approval for display of the items shall be given only if the items may be lawfully sold at that location under applicable laws, regulations, ordinances, plans, and permit conditions. The display and sale of any item authorized in a permit shall terminate if the outdoor display or sale of the item is no longer permitted based on post- permit changes in laws, regulations or other land use controls. B. A water vending machine may be approved only for a retail business which sells food products and which has a tenant occupancy of at least 3,000 square feet within a building. One additional water vending machine may be located at the premises if the tenant occupancy exceeds 20, 000 square feet. No location shall have more than two water vending machines. C. All water vending machine or merchandise displays approved under this chapter and all adjacent areas along the retail frontage shall be maintained in a neat and orderly fashion. The stacking of furniture, appliances, or other large items is prohibited. D. The display of merchandise shall be limited to a maximum depth and height of five feet. A minimum five foot continuous walkway shall be maintained at all times. E. The exact size and location of water vending machines and/ or the authorized display or merchandise shall be determined by the Zoning Administrator/City Planner. F. The display of merchandise and/ or water vending machines shall not be located along an area exceeding 25 percent of store's frontage. G. A plot plan shall be provided identifying the location of the merchandise displays, water vending machines, and associated improvements if any. H. A photo of the proposed site' s frontage. Ord. No. 93- 20, Enacted, 07/ 27/ 1993; Ord. No. 2005- 14, Amended, 06/ 28/ 2005)

18. 67 ( l) Vista 7/ 18/ 11)

Vista Municipal Code

Section 18. 67. 030 Review of Application

The Zoning Administrator/ City Planner shall review all complete applications submitted pursuant to this chapter. The application shall be approved if the Zoning Administrator/ City Planner determines that: ( 1) the proposed use can occur without interfering with the public health, safety, or welfare; and ( 2) the proposed use is not inconsistent with the overall appearance of the neighborhood and does not unduly affect the appearance of the site. The Zoning Administrator/ City Planner may include conditions on an application if the Zoning Administrator/ City Planner determines that the imposition of conditions is necessary to make one or more of the findings set forth above. Any determination of the Zoning Administrator/ City Planner under this section shall be set forth in writing. Ord. No. 2005- 14, Added, 06/ 28/ 2005)

Section 18. 67. 040 Termination of Operations Use Permit

The Zoning Administrator/ City Planner may terminate an operations use permit if the

Zoning Administrator/ City Planner determines that the use is operated in a manner that does not satisfy clause ( 1) and/ or clause ( 2) of Section 18. 67. 030. Rather than terminate an operations use permit, the Zoning Administrator/ City Planner may add additional conditions to the permit. Before revoking or additionally conditioning a permit, the Zoning Administrator/ City Planner shall provide written notice to the permit holder of the proposed action, with the reason for the proposed action. The notice shall advise the permit holder of any additional materials on which the proposed action may be based and the method for reviewing those materials. In addition, the notice shall advise the permit holder that materials and documents in opposition to the proposed action can be submitted to the Zoning Administrator/ City Planner by a specified date of not less than 15 days from the date of the notice. The Zoning Administrator/ City Planner shall consider the materials referenced in the notice and any materials submitted by the permit holder in making a decision, which decision shall be set forth in writing. Notwithstanding anything to the contrary, an operations use permit shall terminate, by operation of law and without notice, upon a change of occupancy. Ord. No. 2005- 14, Added, 06/ 28/ 2005)

Section 18. 67. 050 Parking Lots

The display of merchandise within the parking lot area shall be for promotional purposes

only subject to the issuance of an administrative temporary use permit pursuant to Chapter 18. 76 of the Development Code. Ord. No. 2005- 14, Added, 06/ 28/ 2005)

Section 18. 67. 060 Fees

A nonrefundable processing fee shall be paid prior to the acceptance of any application

for an operations use permit. Such fee shall be as established by resolution of the City Council from time to time. Ord. No. 2005- 14, Added, 06/ 28/ 2005)

Section 18. 67. 070 Violation and Penalty

Failure to comply with the provisions of this section shall constitute a violation of the Zoning Ordinance and subject to enforcement and penalty as is established by Chapter 18, 82, as well as any other remedies allowed by law or the Municipal Code. Ord. No. 2005- 14, Added, 06/ 28/ 2005)

18. 67 ( 2) Vista 7/ 18/ 11)

Vista Municipal Code

Chapter 18. 68

Development Agreements

Sections:

18. 68. 010 Purpose of Provisions
19. 68. 020 Application of Provisions
20. 68. 030 Initiation of Development Agreements
21. 68. 040 Planning Commission - Hearing and Notice
22. 68. 050 Planning Commission - Hearing Held When
23. 68. 060 Planning Commission - Decision and Recommendation to City Council
24. 68. 070 City Council - Hearing and Notice
25. 68. 080 City Council - Decision
26. 68. 090 City Council - Action Conclusive
27. 68. 100 City Council - Notice of Decision
28. 68. 110 Development Agreement Fees
29. 68. 120 Development Agreement Contents
30. 68. 130 Findings for Adoption of Agreement - Amendment Exceptions
31. 68. 140 Amendments to Agreement
32. 68. 150 Zoning Map Designations
33. 68. 160 Compliance with State and Federal Regulations

Section 18. 68. 010 Purpose of Provisions

The purposes of the development agreements are:
A. To prevent the waste of resources that contributes to escalating costs of

development which in turn discourages investment and causes higher prices to consumers. B. To assure applicants for development projects that, upon approval of their project, they may proceed with the project in accordance with existing policies, rules and regulations, and such assurance will strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of government. C. To provide either supplementary regulations for, or to provide for exemption from regulations of, when desirable, existing ordinances or development standards. D. To enable the transfer or combination of development rights within project borders, to result in either or both the securing or protection of open space or more efficient use of the property without penalty to the applicant or violation of good planning principles. E. Where permitted by ordinance, policy or other overriding state law, to permit the negotiation for unit density for good design, provision of lower income housing or other features mutually acceptable to the applicant and the City. Prior Code Appendix A 3100)

Section 18. 68. 020 Application of Provisions

Whenever the public necessity, convenience, welfare and good planning practice justify such action, the City Council by ordinance may create a development agreement, only with the voluntary and expressed desire of a project applicant. Prior Code Appendix A 3101)

18. 68 ( l) Vista 7/ 18/ 11)

Vista Municipal Code

Section 18. 68. 030 Initiation of Development Agreements

Development agreements may be initiated by:
A. The application by an owner or the agent of such owner seeking development

agreement prescribed for his property or the application of a person authorized to exercise the power of eminent domain; B. The City Council C. The Planning Commission Prior Code Appendix A 3102)

Section 18. 68. 040 Planning Commission - Hearing and Notice

Upon the filing of a proper application for an agreement or on order of the Planning

Commission or the City Council, the Planning Commission shall hold at least one public hearing thereon, and notice thereof shall be given as prescribed in Chapter 18. 04. Prior Code Appendix A 3103)

Section 18. 68. 050 Planning Commission - Hearing Held When

The hearing shall be held not later than 50 days following the filing of an application for

such agreement or order of the Planning Commission or the City Council. Prior Code Appendix A 3104)

Section 18. 68. 060 Planning Commission - Decision and Recommendation to City Council

The Planning Commission shall announce its decision within 40 days following the

hearing and shall recommend the adoption of the agreement by the City Council, or recommend that the application be denied by such Council. Prior Code Appendix A 3105)

Section 18. 68. 070 City Council - Hearing and Notice

Within 40 days following receipt of the recommendation of the Planning Commission, the

City Council shall hold a public hearing on the matter, notice of which shall be given as prescribed in Chapter 18. 04; provided, however, where the Planning Commission recommends that the application be denied and makes no alternate recommendation, the City Council shall not be required to hold a hearing on the matter, unless within a period of 15 days from the decision of the Planning Commission the applicant files with the City Council a written request that such council hold a hearing on the matter, or the council is the initiator of the project. Prior Code Appendix A 3106)

Section 18. 68. 080 City Council - Decision

The City Council shall announce its decision within 40 days following the hearing before

such Council required by this chapter, and such Council shall order the amendment to the ordinance codified in this chapter or deny the application or recommendation for the amendment by a three-fifths vote of all members of the City Council. Prior Code Appendix A 3107)

18. 68 ( 2) Vista 7/ 18/ 11)

Vista Municipal Code

Section 18. 68. 090 City Council - Action Conclusive

The action by the City Council on the application or recommendation for development

agreements shall be final and conclusive. Prior Code Appendix A 3108)

Section 18. 68. 100 City Council - Notice of Decision

Within ten days following the decision of the City Council ordering the adoption of the

ordinance or denying the application or recommendation for the amendment, the City Clerk shall give notice of such decision to the applicant at the address shown on the application and to the Planning Commission, and record with the County Recorder a copy of the agreement. Prior Code Appendix A 3109)

Section 18. 68. 110 Development Agreement Fees

A. Filing fees for a development agreement, 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. B. City permit fees for any project for which there is a development agreement shall be the fees in effect at the time the permit is obtained. Prior Code Appendix A 3111)

Section 18. 68. 120 Development Agreement Contents

The development agreement shall contain the following information:
A. A legal description of the total project.
B. A location map of the project and other documents sufficient to describe the

details of the development proposal and serve as exhibits of the agreement. C. Recitals designating: 1. The time or sequence of events and duration of the agreement 2. The permitted uses of the property 3. The density or intensity of use 4. The maximum height and bulk of proposed buildings 5. The location and amount of dedicated or reserved open space 6. Provisions for reservation or dedication of land for any public purpose D. Elevations and/ or plot plans where applicable to the proposal. E. A condition requiring a periodic review of the project status; such review to occur at least once every 12 months by the Planning Commission and/ or the City Council. F. The City may levy a condition providing that construction shall start within a certain time and that the project, or any phase thereof, be completed within a specified time. G. The total duration of the development agreement shall be as set forth in the

agreement. Prior Code Appendix A 3112; Ord. No. 92- 21, Amended, 11/ 10/ 92)

Section 18. 68. 130 Findings for Adoption of Agreement - Amendment Exceptions

A. The City, in adopting a development agreement ordinance, must find that each and every term and condition of the agreement is consistent with the General Plan and any applicable specific plan at the time of adoption.

18. 68 ( 3) Vista 7/ 18/ 11)

Vista Municipal Code

B. Once adopted, the development agreement shall withstand any subsequent

General Plan amendment, specific plan amendment or zoning ordinance amendment during the duration of the agreement. Prior Code Appendix A 3113)

Section 18. 68. 140 Amendments to Agreement

A. A development agreement may be amended or canceled in whole or in part:
1. By mutual consent of the parties to the agreement or their successors in

interest. 2. If, as a result of the periodic review condition, the City determines on the basis of substantial evidence that the applicant or successor in interest thereof has not complied in good faith with the conditions of the agreement, the City Council may terminate or modify the agreement. B. Amendment or cancellation of the agreement shall be accomplished at public hearings outlined in Sections 18. 68. 030 through 18. 68. 100. Prior Code Appendix A 3114)

Section 18. 68. 150 Zoning Map Designations

A. After the date of adoption of the ordinance, and after the City Clerk has recorded

the development agreement, the borders of the project shall be shown on the zoning map and sequence of adoption, such as " DA- 1", " DA- 2",the area titled " DA" with a number denoting the etc. During the duration of the agreement, the conditions of the underlying zone will be superseded and rendered not in effect, and be overridden by the conditions of the agreement. B. Upon cancellation or completion of a development agreement, the zoning designations in existence immediately prior to the adoption of the agreement, unless otherwise specified as part of the cancellation or conditions of completion of the agreement, shall be

reestablished. Prior Code Appendix A 3115)

Section 18. 68. 160 Compliance with State and Federal Regulations

In the event that state and federal laws or regulations are enacted after a development

agreement has been entered into which prevent or preclude compliance with one or more provisions of the development agreement, such provisions may be modified or suspended as may be necessary to comply with such laws or regulations. Prior Code Appendix A 3116)

18. 68 ( 4) Vista 7/ 18/ 11)

Vista Municipal Code

Chapter 18.70

Mobile Homes, Commercial Coaches and Mobile Home Parks

Sections:

18. 70. 00A Article I. Mobile Homes and Commercial Coaches
19. 70. 010 Purpose and Intent of Provisions
20. 70. 020 Application of Provisions
21. 70. 030 Criteria and Regulations - Mobile Homes and Recreational Vehicles
22. 70. 040 Commercial Coaches, Repealed
23. 70. 050 Conversion Impact Reports - When Required
24. 70. 060 Conversion Impact Reports - Contents
25. 70. 070 Conversion Impact Reports - Filing
26. 70. 080 Conversion Impact Reports - Review and Presentation
27. 70. 090 Conversion Impact Report - Consideration and Conditions for Approval
28. 70. 100 Conversion Impact Reports - Statutory Authority Requirements
29. 70. 110 Provisions Deemed Cumulative
30. 70. 120 Sale of Mobile Home Parks

Section 18. 70. 00A Article I. Mobile Homes and Commercial Coaches

Section 18. 70. 010 Purpose and Intent of Provisions

A. Purpose. The purpose of this article is to permit the utilization of mobile homes,

recreational vehicles and commercial coaches within the city' s corporate limits. B. Intent. The intent of this article is to establish criteria and regulations governing the placement and utilization of mobile homes, recreational vehicles and commercial coaches on individual lots, parcels or project sites within the city' s corporate limits. Prior Code Appendix A 740)

Section 18. 70. 020 Application of Provisions

Mobile homes, recreational vehicles, as defined by Section 18215. 5 of the California

Health and Safety Code, and commercial coaches placed on individual lots, parcels or project sites within the city shall be subject to the criteria and regulations set forth in this chapter in addition to the applicable zoning district regulations. Prior Code Appendix A 741)

Section 18. 70. 030 Criteria and Regulations - Mobile Homes and Recreational Vehicles

A. A mobile home or recreational vehicle, as defined by Section 18215. 5 of the

California Health and Safety Code, may be placed on a building site in any residential zoning district as a temporary residence, wherein single- family dwellings are permitted, during the construction of one dwelling unit on the site subject to the following conditions: 1. It shall be occupied by no one other than the owner of the building site and his/ her family. 2. It shall be connected to the public sewerage system or a private sewage disposal system approved by the San Diego Department of Public Health. 3. The property owner shall obtain a permit from the Building Official for the placement of the temporary residence on the building site. Such permit shall be valid for a

18. 70 ( l) Vista 7/ 18/ 11)

Vista Municipal Code

period not to exceed six months and may be extended for one additional period of six months by the building official. Such permit may be issued concurrently with the building permit for the permanent dwelling to be constructed on the site and shall be null and void upon issuance of a certificate of occupancy for the permanent structure or upon expiration of the building permit, whichever occurs first. B. A mobile home, as defined by Section 18. 02.450, may be placed on any lot or parcel where a single-family residence is permitted subject to all provisions of the applicable zoning district regulations and the following criteria: 1. The roof shall have sloping lines with eaves, such as gable, mansard, and shed- style roofs, or shall be compatible with conventionally built homes in the surrounding area. 2. The roofing material shall be shake, tile, composition shingle, or other materials commonly found on conventionally built homes in the surrounding area. 3. The exterior covering material shall be similar or closely compatible to that found on conventionally built residential structures in the surrounding area. 4. The exterior covering material shall extend to the ground. If a solid concrete or masonry perimeter foundation is used, the exterior covering material shall not extend below the top of the foundation. 5. The mobile home shall have a garage or carport meeting development standards for the applicable zoning district and be similar in type and construction to those found with conventionally built homes in the surrounding area. 6. The exterior covering and roofing materials of the garage or carport shall be compatible with the materials on the mobile home. 7. The unit shall be attached to a permanent foundation as required by state law. Prior Code Appendix A 742)

Section 18. 70. 040 Commercial Coaches

Prior Code Appendix A 743; Ord. No. 91- 14, Repealed, 06/ 11/ 91)

Section 18. 70. 049 Article II. Mobile Home Parks

Ord. No. 91- 14, Repealed, 06/ 11/ 91)

Section 18. 70. 050 Conversion Impact Reports - When Required

A. Prior to the reclassification of property currently classified as an MHP zone, or the change of a mobile home park to another land use, as defined in Section 798. 10 of the Civil Code of the state, the person or entity proposing such a reclassification or change in land use shall file a report on the impact of such action upon the displaced residents of the subject mobile home park with the Director of Planning. B. For the purposes of this section, the causing of a vacation of spaces from a rental mobile home park by mass eviction shall constitute a change of use and be under the provisions of this article. C. No zoning reclassification or change of land use shall take place until such report has been filed with and approved by the City Council. Prior Code Appendix A 3200)

Section 18. 70. 060 Conversion Impact Reports - Contents

In determining the impact of the conversion on displaced mobile home park residents, the

report shall address the following:

18. 70 ( 2) Vista 7/ 18/ 11)

Vista Municipal Code

A. The availability of adequate replacement space in mobile home parks.
B. Whether the project is consistent with the General Plan and any applicable

specific plan. C. Whether the project is compatible with surrounding land uses. D. Whether the project is consistent with the provisions of the Housing Element of the General Plan specifically with regard to the provision of adequate housing for all economic segments of the community. E. What provisions, if any, the person or entity proposing the change of use proposes to make for the relocation of occupants of the mobile home park. F. Whether the change of use adversely affects the availability of housing to the lower income segment of the community. Prior Code Appendix A 3201)

Section 18. 70. 070 Conversion Impact Reports - Filing

In the case of changes of use pursuant to the Subdivision Map Act ( Division 2,

commencing with Section 66410 of Title 7 of the Government Code of the state), the report shall be filed as required by Section 17. 12. 040 of this code. In all other cases the report shall be filed not less than 120 days before the effective date of the proposed change of use. Prior Code Appendix A 3202)

Section 18. 70. 080 Conversion Impact Reports - Review and Presentation

The Director of Planning shall review the report and, in the case of a subdivision, shall

present the report along with his findings and recommendations at the hearing on the tentative map. In all other cases, the Planning Director' s findings and recommendations and the report shall be presented within 30 days after filing of the report. Prior Code Appendix A 3203

Section 18. 70. 090 Conversion Impact Reports - Consideration and Conditions for Approval

The Planning Commission and the City Council shall consider the report and disapprove, approve, or conditionally approve the report. As a condition of the approval, the City Council may require the person or entity to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park. Prior Code Appendix A 3204)

Section 18. 70. 100 Conversion Impact Reports - Statutory Authority Requirements

The requirements of Sections 65863.7 and 66427.4 of the Government Code shall apply to

reports required by this article. Prior Code Appendix A 3205)

Section 18. 70. 110 Provisions Deemed Cumulative

The provisions of this article are cumulative and shall be in addition to any other applicable

requirements of state or local law. Prior Code Appendix A 3206)

18. 70 ( 3) Vista 7/ 18/ 11)

Vista Municipal Code

Section 18. 70. 120 Sale of Mobile Home Parks

A. Intent. The intent of this section is to encourage the sale of mobile home parks,

as defined in Section 18. 70. 050, to the residents of the park when feasible without coercion or deprivation of the rights of the mobile home park owner. B. Required Notice of Intent to Sell. 1. A mobile home park owner shall notify the tenants of his/ her mobile home park by provision of written notice to each individual tenant at least 60 days in advance of the date whereby the property is listed, advertised or otherwise offered for sale. 2. The mobile home park owner or his/ her agent shall file an affidavit with the Director of Planning indicating the date the notice was sent or delivered, the manner in which such notice was served, and a copy of this notice. 3. The notice shall contain reasonable details of the listed price of the park and any conditions that would apply to a real estate transaction. C. Responsibility of Tenants. It will subsequently be the responsibility of the mobile home tenants to organize and compete for purchase of the park, should they desire. D. Responsibility of Park Owner. It is the responsibility of the mobile home park owner to notify the agent of the mobile home park residents of any changes in proposed listed price or conditions of sale; provided, that the mobile home park residents have indicated in writing their intent to offer to purchase the park. Prior Code Appendix A 3207)

18. 70 ( 4) Vista 7/ 18/ 11)

Vista Municipal Code

Chapter 18. 71

Zoning Clearances

Sections:

18. 71. 010 Purpose of Chapter
19. 71. 020 Applicability/Clearance Required
20. 71. 030 Procedure
21. 71. 040 Post Decision Procedures
22. 71. 010 Purpose of Chapter

    A zoning clearance is a ministerial permit that is used by the Community Development Department to verify that a proposed structure or land use activity complies with the list of activities allowed in the applicable zoning district, the development standards applicable to each type of use, and any conditions of approval for permits previously issued for the subject site. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

23. 71. 020 Applicability/Clearance Required

    A zoning clearance shall be required as part of the Community Development Department' s review of any two-unit housing development under Chapter 18. 96 of this code, urban lot split under Chapter 17. 86 of this code, or other authorization as required by the Municipal Code or Development Code for the proposed use. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

24. 71. 030 Procedure

        A. Application Filing. A zoning clearance application, including the
        required application materials and fees, shall be filed with the Community
        Development Department. Filing requirements shall be prescribed by the
        Community Development Director.

        B. Community Development Director's Action. 1. The Community Development Director or their designee shall issue a

zoning clearance if the application complies with all standards and provisions of the Zoning code for the category of use applicable to the subject parcel. 2. The zoning clearance may take the form of an authorized signature on the project application or on an approved set of plans, or a stamp affixed to an application or set of plans. C. On- Site Inspections. 1. When not required. An on- site inspection shall not be conducted for zoning clearances for two- unit housing developments, urban lot splits, or for any other project for which the submitted application materials clearly comply with the Zoning Code, as determined by the Community Development Director. 2. When may be required. An on- site inspection may be conducted by the Community Development Director or their designee for projects that do not clearly comply with the Zoning Code, as determined by the Community Development Director. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

18. 71 ( 1) Vista 10/ 04/ 22)

Vista Municipal Code

18. 71. 040 Post Decision Procedures

    Zoning clearances are ministerial and are not appealable. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

    18. 71 ( 2) Vista 10/ 04/ 22)

Vista Municipal Code

Chapter 18.72

Nonconformity Regulations