Vista Municipal Code § 18.72 Nonconformity Regulations

Section 18.72.010 Extending Nonconforming Use, Structure or Building

A nonconforming use of land, of a structure or of a building shall not be expanded or

extended in any manner except as expressly permitted by the provisions of this code. Prior Code Appendix A 3301; Ord. No. 2023-4, Amended, 02/14/23)

Section 18.72.020 Continuing Nonconforming Use

Except as provided in Sections 18.72.100 through 18.72.130, a nonconforming use of

land which does not involve buildings, may be continued. Any discontinuance of such nonconforming use for a continuous period of six months shall be deemed to constitute an abandonment of any right to continue or maintain such nonconforming use and any future use of such shall conform to all provisions of this chapter; however, no nonconforming use of land shall continue after a period of three years from the time the provisions of this section become applicable to such land, subject to notice and hearing before the Planning Commission to terminate such nonconforming use. Prior Code Appendix A 3302)

Section 18.72.030 Maintaining Nonconforming Buildings

Except as provided in Sections 18.72.100 through 18.72.130, a nonconforming building

may be maintained provided no additions or enlargements are made thereto and no structural alterations are made therein, except those required by law or expressly permitted by this code. Prior Code Appendix A 3303)

Section 18.72.040 Altering Nonconforming Buildings

A building or structure which does not conform to the yard or height regulations

applicable to the land on which such building or structure is located may be structurally altered or enlarged only when:

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A. The exterior horizontal dimensions are not changed.
B. The alteration or enlargement causes the building or structure to conform with

the applicable yard regulations. C. The alteration or enlargement does not project into any required yard. D. The alteration or enlargement is an extension of that portion of the existing building or structure that encroaches in a required yard; provided, however, the alteration or enlargement shall not extend into the required yard further than the existing portion and shall have an area no greater than 50 percent of the area of the existing portion within the required yard. Prior Code Appendix A 3304)

Section 18.72.050 Nonconforming Use of Conforming Buildings

A. Where a nonconforming use of a conforming building exists at the time the provisions of this code become applicable to such building so as to make the use thereof a nonconforming use, such nonconforming use may be continued and such nonconforming use may be expanded or extended throughout such building, provided no structural alterations are made therein except those required by law. Any discontinuance of such nonconforming use for a continuous period of six months shall be deemed to constitute an abandonment of any right to continue or maintain such nonconforming use and future use of such building shall conform to the provisions of this code. If no structural alterations are made or required, a nonconforming use of a conforming building may be changed to another use of the same or more restrictive classification upon the approval of a standard site development plan. B. The Planning Commission may, at any time by their own initiation or by the direction of the City Council, conduct a public hearing for the purpose of abating a nonconforming use of a conforming building. The Planning Commission, based on the evidence received at the public hearing, may set a reasonable amortization period for the abatement of a nonconforming use; provided, that no amortization period shall be less than five years from the construction date of the building in question, or less than one year from the date of occupancy of the use in question, unless it can be found and determined that the use or the building constitutes a public nuisance, in which case abatement shall occur pursuant to the City’s nuisance abatement procedures. C. Bars and/or cocktail lounges which are made nonconforming by the applicability of this code may be continued subject to the provisions of this chapter; however, upon receipt of evidence that the operation of any bar or cocktail lounge, or other nonconforming features of such (e.g., inadequate on-site parking), is causing a nuisance in the area in which such bar or cocktail lounge is located, the City Council is authorized to hold a public hearing, with notice as prescribed in Section 18.04.060 et seq. The purpose of the hearing shall be to accept testimony for the purpose of determining whether or not the operation of the bar or cocktail lounge is creating a public nuisance. At the conclusion of the public hearing, the City Council shall determine whether or not a nuisance does in fact exist. If the Council determines a public nuisance does in fact exist, the Council shall then determine what action is necessary to correct or abate the nuisance and to establish a reasonable period of time for such correction or abatement to occur. Prior Code Appendix A 3305)

Section 18.72.060 Nonconforming Use of Nonconforming Buildings

Subject to the provisions of Sections 18.72.100 through 18.72.130, the nonconforming

use of a nonconforming building may be expanded or extended throughout such building, provided no structural alterations are made therein except those required by law. Any

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discontinuance of such nonconforming use for a continuous period of six months shall be deemed to constitute abandonment of any right to continue or maintain such nonconforming use and any future use of such building shall conform to the provisions of this code. If no structural alterations are made or required, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification upon the granting of a special use permit. Prior Code Appendix A 3306)

Section 18.72.070 Reconstruction of Nonconforming Buildings

A. A nonconforming building, with the exception of a multifamily dwelling located in a zone other than an industrial zone, destroyed to the extent of not more than 75 percent of its assessed value by fire, explosion or other casualty or act of God, or the public enemy, may be restored and the occupancy or use of such partial destruction may be recontinued subject to all other provisions of this chapter. B. A nonconforming multifamily dwelling, with the exception of a dwelling located in an industrial zone, which is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy may be restored and the occupancy or use of such partial destruction may be recontinued subject to all other provision of this chapter, unless the Planning Commission determines that: 1. The reconstruction, restoration or rebuilding will be detrimental to health, safety or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood. 2. The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted, or that there no longer exists a zone in which the existing nonconforming use is permitted. C. Any reconstruction, restoration or rebuilding of a multifamily dwelling undertaken pursuant to this section shall conform to all of the following: 1. The California Building Standards Code as that code was in effect at the time of reconstruction, restoration, or rebuilding. 2. Any more restrictive building standards adopted by the City Council as authorized by Health and Safety Code Sections 13869.7, 17958.7, and 18941.5 as those standards were in effect at the time of reconstruction, restoration or rebuilding. 3. The State Historical Building Code Part 2.7 ( commencing with Section 18950) of Division 13 of the Health and Safety Code) for work on qualified historical buildings or structures. 4. All zoning ordinances in this code, as long as the pre-damage size and number of dwelling units are maintained. Architectural regulations and standards, as long as the pre-damage size and number of dwelling units are maintained. 5. A building permit, which shall be obtained within two years after the date of the damage or destruction. D. For the purpose of this section, “ multifamily dwelling” is defined as any structure designed for human habitation that is divided into two or more independent living quarters. Prior Code Appendix A 3307; Ord. No. 96-20, Amended, 10/22/96)

Section 18.72.080 Application of Provisions

The provisions of this chapter shall apply to buildings, structures, land, and uses which

hereafter become nonconforming due to any reclassification of zones or land under this code. Prior Code Appendix A 3308)

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Section 18.72.090 Minimum Area Requirement Criteria

Any lot or building site shall be deemed to meet the minimum area requirement of the zoning district in which it is located, subject to the following criteria: A. It existed as an entire lot, or 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 reclassified to cause the nonconformity. 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 city ordinance. Prior Code Appendix A 3309)

Section 18.72.100 Removal or Alteration of Nonconforming Structures or Buildings

A. Residential Zoning Districts. Every nonconforming building or structure in the subject zoning districts, with the exception of residential, church and school ( public or private) buildings, which nonconforming building or structure was designed or intended for use no longer permitted in the subject zoning district in which it is located, shall be completely removed or altered to structurally conform to the uses permitted in the zoning district in which it is located within the herein specified times upon notice from the Planning Commission, which time is measured from the date of construction unless otherwise specified herein. For buildings, in no case shall this period of time be less than five years from the date of construction. Notwithstanding the foregoing, if the building or structure can be determined to constitute a public nuisance or a detriment to the health, safety and welfare, then abatement can be set at any reasonable time as may be determined by the evidence received at the public hearing. Unless determined at a public hearing to be a nuisance or other detriment to the health, safety and welfare of the community, the following abatement amortization periods are applicable: 1. If property is unimproved except for structures of a type for which the existing Building Code does not require a building permit: one year. 2. Non-agricultural accessory recreation structures: 12 months from the date of construction or the date upon which said structure becomes nonconforming, whichever comes later. 3. Agricultural accessory buildings and structures: five years, unless the buildings and structures are used for raising rabbits, poultry and animals in which event the accessory buildings and structures shall be removed or altered to structurally conform to the uses permitted in the zoning district in accordance with Subdivision 7 of this section. 4. Type I Buildings: a. Offices and hotels: 45 years from date of building construction. b. Theaters: 50 years from date of building construction. c. Warehouses, lofts, stores, garages: 45 years from date of building construction. d. Industrial: 35 years from date of building construction. 5. Type II and Type III buildings: a. Apartments, offices, hotels or residences having stores or offices below and apartments or office above: 35 years from date of building construction; however, residential apartments may be amortized for any reasonable period of time determined by evidence received at the Planning Commission’s public hearing if the units do not meet all standards and requirements for such residential units. b. Warehouses, stores, garages and lofts: 35 years from date of building construction.

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c. Factories and industrial: 45 years from date of building construction. 6. Type IV and Type V buildings: 40 years from date of building construction. 7. Agricultural accessory buildings and structures used for raising rabbits, poultry, and animals shall be removed or altered to structurally conform to the uses permitted in the zoning district in which they are located after a hearing before the Planning Commission as follows: a. Upon the adoption of an order by the Planning Commission or the City Council, the Planning Commission shall give notice of a public hearing, as provided by Section 18.04.060 et seq. of this code, of the intention of the Planning Commission to consider at a public hearing the abatement of the nonconforming use of any accessory buildings and/or structures used for the raising of rabbits, poultry or animals. b. Subject to the provisions of Subdivision ( 7)(c) of this subsection, all such accessory buildings or structures are hereby granted an automatic exception for a period of eight years from the effective date of the adoptive ordinance, or in those cases of future annexation of affected property, eight years after consummation of such annexation and such automatic exception shall terminate without further hearing at the expiration of such eight years; provided, however, in the event the accessory buildings and structures are not removed or abated at the termination of the automatic exception period, the Planning Commission shall hold a hearing to determine whether or not the accessory buildings and structures are in violation of this code. In the event the Planning Commission finds such accessory buildings and structures to be in violation of this code, it shall order the abatement thereof within 90 days. c. After hearing by the Planning Commission, the automatic exception provided in Subdivision ( 7)(b) of this subsection may be modified or revoked at any time in less than such eight-year period upon findings that: i. The use for which the building or structure is used is detrimental to the public health or safety or so as to be a public nuisance; or ii. Where such use can be revoked without the impairment of constitutional rights of the operator of the nonconforming use upon consideration of the value of the improvements, the replacement cost less depreciation, and the ability of such improvements to be relocated at reasonable expense to the operator of the nonconforming use. d. The Planning Commission shall consider the depreciation period to commence from the date of construction of such accessory buildings and structures or the use of a substantial portion thereof, whichever occurs first. e. Any action of the Planning Commission under Subdivision 7 of this subsection shall be subject to appeal in the same manner as provided for appeals from decisions of the Planning Commission under Chapter 18.04. B. Commercial Zoning Districts. Every nonconforming building or structure in a commercial zoning district with the exception of hospital, church or school buildings shall be completely removed or altered to conform to those uses permitted in the commercial zoning district in which such building or structure is located within the herein specified times upon notice from the Planning Commission, which times are measured from the date of construction. Any abatement period shall be for a reasonable period of time based on information provided by an appraiser and other circumstances affecting the property. As used in this section, the designations Type I building, Type II building, Type III building, Type IV building and Type V building are employed as defined in the existing Building Code. Unless determined at a public hearing to be a nuisance or other detriment to the health, safety and welfare of the community, the following minimum abatement amortization periods are established:

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1. Where property is unimproved except for structures of a type for which

the existing Building Code does not require a building permit: one year from date of building construction. 2. Agricultural accessory buildings and structures: five years from date of construction or annexation to the City. 3. Type I buildings: a. Offices and hotels: 45 years from date of construction b. Theaters: 50 years from date of construction c. Warehouses, lofts, stores, garages: 45 years from date of construction. d. Industrial: 35 years from date of construction. 4. Type II and Type III buildings: a. Apartments, offices, hotels or residences having stores or offices below and apartments or offices above: 35 years; however, residential apartments may be amortized for any reasonable period of time determined by evidence received at the Planning Commission’s public hearing if the units do not meet all standards and requirements for such residential uses. b. Warehouses, stores, garages, and lofts: 35 years from the date of construction. c. Factories and industrial: 45 years from date of construction. 5. Type IV and Type V buildings: 40 years from the date of construction. C. Industrial Zoning Districts. Every nonconforming building or structure in the subject zoning districts, with the exception of hospital, church and school (public and private) buildings, which nonconforming building or structure was designed or intended for a use not permitted in the subject zoning district in which it is located, shall be completely removed or altered to structurally conform to the uses permitted in the zoning district in which it is located within the herein specified times upon notice from the Planning Commission, which time is measured from the date of construction. Any abatement period shall be for a reasonable period of time based on information provided by an appraiser and other circumstances affecting the property. As used in this section, the designations Type I building, Type II building, Type III building, Type IV building and Type V building are employed as defined in the existing Building Code. Unless determined at a public hearing to be a nuisance or other detriment to the health, safety and welfare of the community, the following minimum abatement amortization periods are established: 1. Where property is unimproved except for structures of a type for which the existing Building Code does not require a building permit: one year from the date of construction. 2. Agricultural accessory buildings and structures: five years from date of building construction or annexation to the City. 3. Type I buildings: a. Offices and hotels: 45 years from date of construction. b. Theaters: 50 years from date of construction. c. Warehouses, lofts, stores, garages: 45 years from date of construction. d. Industrial: 35 years from date of construction. 4. Type II or Type III buildings: a. Apartments, offices, hotels or residences having stores or offices below and apartments or offices above: 35 years; however, residential apartments may be amortized for any reasonable period of time determined by evidence received at the Planning Commission’s public hearing if the units do not meet all standards and requirements for such residential uses.

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b. Warehouses, stores, garages and lofts: 35 years from date of

construction. c. Factories and industrial: 45 years from date of construction. 5. Type IV and Type V buildings: 40 years from date of construction. Prior Code Appendix A 3310; Ord. No. 2023-4, Amended, 02/14/23)

Section 18.72.110 Abatement Date Determined by Planning Commission

A. When any nonconforming conditions exist in any zoning district, other than the

nonconforming use of land when no structure is involved, it shall be the responsibility of the Planning Commission, on its own initiative, or upon referral of the City Council, to make a formal determination at a public hearing of the applicable date of abatement based upon the requirements of this title. B. It shall also be the responsibility of the Planning Commission to determine whether, by reason of structural alterations or enlargement, or the installation of major equipment designed into buildings or structures prior to the effective date of the amendment codified in this section, it is deemed necessary to establish a later date for abatement than that prescribed herein for the nonconforming conditions in order to assure that the investment in the nonconforming use of land, structure or building may be amortized. C. In performing this function, the Commission shall consider all pertinent data in connection therewith to provide the opportunity for the owner of record, lien holder, if any, lessee, if there be such, to present such evidence as they may possess and which properly relates to such case. D. When the date of abatement has been determined, the Commission, by resolution, shall establish such date and shall set forth such facts as bear upon the case upon which the determination of such date of abatement is based, and shall formally notify the owner of such nonconforming property of the action of the Commission by mailing to such owner a copy of the formally adopted resolution not later than ten days following the date of subject action by the Planning Commission. E. Any action by the Planning Commission under this section shall be subject to appeal to the City Council in the same manner as provided for other appeals from decisions of the Planning Commission. Prior Code Appendix A 3311; Ord. No. 2023-4, Amended, 02/14/23)

Section 18.72.120 Conditions for New Conforming Uses, Structures or Buildings

No new conforming use of land, structures or buildings shall be instituted or maintained unless any nonconforming use of such land, structures or buildings is first abandoned and all nonconforming structures, buildings or facilities are first removed, unless otherwise specifically authorized by action of the approving body considering the continuance at a duly noticed public hearing. Prior Code Appendix A 3312; Ord. No. 2023-4, Amended, 02/14/23)

Section 18.72.130 Exemptions from Provisions - Public Utility Buildings

A. The provisions of this chapter concerning the required removal of nonconforming

buildings partially destroyed shall not apply to utility buildings and structures when such buildings and structures pertain directly to the rendering of the service of distribution, such as power generating plants and electrical substations, water wells and pumps, gas storage, metering and valve control stations.

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B. Nothing in this section shall be construed or applied so as to prevent the

expansion, increase in capacity, modernization or replacement of such public utility buildings, structures, equipment and features as are used directly for the delivery, or distribution, of the service; provided, however, that all yard requirements of the zoning district in which the site is located shall be maintained and there shall be no enlargement of the site. C. The provisions of this section shall not exempt from the provisions covering nonconformity of buildings, structures, or uses which do not immediately relate to the direct service to consumers such as warehouses, storage yards, and the like. Prior Code Appendix A 3313) Section 18.72.140 Non-Permitted Single-Family and Accessory Buildings

Structures, which existed prior to the City’s incorporation, January 28, 1963, shall be

permitted to retain their use and location if all of the following conditions are met: A. The structure is an addition to a legal single-family use or accessory to a legal single-family use on the same lot. B. All portions of the structure are within the property lines. C. No portion of the structure is located within an easement without written permission from the easement holder. D. The owner shall provide documentation of the structure’s existence prior to the City’s incorporation, such as County Assessor records, to be verified by the Building Official. E. The owner shall obtain a building permit for the structures, meeting the current Code in effect at the time of the permit application. F. The owner shall complete the inspection process and obtain a final clearance within the timeframes allowed by the Building Code. If the property owner does not obtain an approved final building permit for the structure within the timeframes allowed by the Building Code, the application shall be deemed to be withdrawn and the structure shall remain unlawful. Ord. No. 2008-20, Added, 6/10/08)

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Chapter 18. 74

Variance and Special Use Permits

Sections:

18. 74. 010 Purpose and Intent of Provisions
19. 74. 020 Variance - Permitted When
20. 74. 030 Variance - Required Findings
21. 74. 040 Variance - Application
22. 74. 050 Variance - Notice of Hearing
23. 74. 060 Variance - Date of Hearing
24. 74. 070 Variance - Decision by Zoning Administrator
25. 74. 080 Effective Date of the Variance, Repealed
26. 74. 090 Variance-Appeal from Zoning Administrator Decision
27. 74. 100 Board of Appeals Hearing on Appeals, Repealed
28. 74. 110 Decision of Board of Appeals Shall be Final, Repealed
29. 74. 120 Special Use Permit - Permitted When
30. 74. 130 Special Use Permit - Application
31. 74. 140 Special Use Permit - Notice of Hearing
32. 74. 150 Special Use Permit - Date of Hearing
33. 74. 160 Special Use Permit - Decision by Planning Commission
34. 74. 170 Notice of Decision of Commission, Repealed
35. 74. 180 Special Use Permit - Appeal from Planning Commission Decision
36. 74. 190 Effective Date of Order Granting or Denying Special Use Permit; Time for Appeal, Repealed
37. 74. 200 Transmission of Commission' s Record to City Council, Repealed
38. 74. 210 City Council to Hold Public Hearing on Appeal, Repealed
39. 74. 220 Decision of the City Council Shall be Final, Repealed
40. 74. 230 Notice of Decision of City Council, Repealed
41. 74. 240 General Provisions
42. 74. 250 Zoning Administrator - Office Established - Authority
43. 74. 260 Zoning Administrator - Powers and Duties
44. 74. 270 Zoning Administrator - Actions Authorized Without Public Hearing, Repealed
45. 74. 280 Suspension and Revocation of Use Permits

Section 18. 74. 010 Purpose and Intent of Provisions

A. Purpose. The sole purpose of any variance shall be to permit parity in land use,

and no variance shall be granted that would have the effect of granting a special privilege to a property not shared by other properties in the same vicinity and zoning district. The purpose of a special use permit is to provide a means whereby certain specified facilities and activities may be permitted at a given location when it is determined that a facility or activity is necessary or desirable and will contribute to the general convenience or welfare of the neighborhood or

community. B. Intent. The variance process is intended to provide relief to property when practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this title result from the strict literal interpretation and enforcement of the provisions of this title. The special use permit is intended to ensure that facilities and activities subject to such are made compatible with the neighborhood or community in which they propose to locate, will provide a necessary or desirable service or facility, and will not create undue disturbance or

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hazards to the health, safety or general welfare of the residents, and is not injurious to property or improvements in the vicinity. Prior Code Appendix A 2200)

Section 18. 74. 020 Variance - Permitted When

A variance may be granted to permit the following: A. Reduction or variance in setback regulations, parking and/ or loading regulations, front, side and rear yard regulations, height regulations, commercial screening wall requirements, and the expansion, extension or alteration of nonconforming facilities and activities; provided that adjustments of ten percent variation or less may be granted in accordance with Section 18. 74. 260. B. A change in the required location of accessory facilities and activities, and the building site front. C. Repealed D. The modification of provisions regulating signs and sign structures E. To allow the issuance of building or grading permits on parcels of land having access of less than a 20- foot width on a public street as required by Section 18. 02. 385 to qualify as a legal lot and building site, as set forth in this subsection: 1. Evidence. In addition to any other findings which must be made in order to grant a variance, the following findings must be made to grant a variance for a reduction in the width of any required access strip: a. That the parcel has legally recorded access to a public street either directly or by way of an access strip of at least ten feet in width, which is topographically traversable by vehicular traffic. b. That it would be a hardship to require other access to the parcel or to widen any existing access strip. C. That sufficient horizontal and vertical clearance exists to permit emergency vehicles with dimensions of 13 feet 6 inches in height, 9 feet in width, and 36 feet in length to gain access to and egress from the parcel, d. That the access strip was not established after January 21, 1976. 2. Conditions. The following shall be imposed as conditions of such a variance: a. A certificate of compliance as provided for in the subdivision ordinance shall be filed with the County Recorder with respect to the parcel. b. If the parcel is in a zone district other than the E- 1, A- 1, R- 1 or R- 1- B zones, a site development plan must be filed with the application for a variance pursuant to Chapter 18. 64, and a granting of the variance shall be conditioned upon development in substantial conformance with an approved site development plan.

C. Any other condition which is reasonably necessary or appropriate

to ensure that the required findings for the variances are fulfilled. Prior Code Appendix A 2201; Ord. No. 91- 18, Amended, 07/ 09/ 91; Ord. No. 93- 22, Section C, Repealed, 09/ 28/ 93)

Section 18. 74. 030 Variance - Required Findings

Variances shall not be granted unless it is found: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zoning district. B. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the variance is sought.

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C. That because of the special, exceptional, or extraordinary circumstances or

conditions to be applied, the variance will not constitute a special privilege inconsistent with limitations on other similarly zoned property in the vicinity and zone. D. That the granting of such variance will not adversely affect any general or specific plan adopted pursuant to law. Prior Code Appendix A 2202)

Section 18. 74. 040 Variance - Application

An application for a variance may be made by a property owner, lessee or a person

authorized to exercise the power of eminent domain. The application shall set forth fully the grounds for and the facts necessary to support the required findings for granting a variance. Prior Code Appendix A 2203)

Section 18. 74. 050 Variance - Notice of Hearing

Upon the receipt of a complete application or upon the adoption of an order by the

Planning Commission or City Council, the Zoning Administrator shall give public notice of the intention to consider the granting of a variance at a public hearing as provided in Chapter 18. 04. Prior Code Appendix A 2204)

Section 18. 74. 060 Variance - Date of Hearing

The hearing on an application for a variance shall be held by the Zoning Administrator not

later than 50 days following the finding that the application for such variance, or the adoption of the order by the Planning Commission or the City Council, is complete. Prior Code Appendix A 2205)

Section 18. 74. 070 Variance - Decision by Zoning Administrator

No more than 20 days following the hearing on an application for a variance, the Zoning

Administrator shall grant or deny the variance or grant the variance subject to specified conditions. A notice of the Zoning Administrator' s decision on an application for a variance shall be filed in the office of the Director of Planning and a copy of such notice shall be mailed to the applicant at the address shown on the application and furnished to each member of the City Council. Prior Code Appendix A 2206)

Section 18. 74. 080 Effective Date of the Variance

Prior Code Appendix A 2207; Ord. No. 91- 18, Repealed, 07/ 09/ 91)

Section 18. 74. 090 Variance-Appeal from Zoning Administrator Decision

Appeals from the decision of the Zoning Administrator shall be filed pursuant to Section 18. 04. 150. Prior Code Appendix A 2208; Ord. No. 91- 18, Amended, 07/ 09/ 91)

Section 18. 74. 100 Board of Appeals Hearing on Appeals

Prior Code Appendix A 2209; Ord. No. 91- 18, Repealed, 07/ 09/ 91)

Section 18. 74. 110 Decision of Board of Appeals Shall be Final

Prior Code Appendix A 2210; Ord. No. 91- 18, Repealed, 07/ 09/ 91)

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Section 18. 74. 120 Special Use Permit - Permitted When

A. All applications for special use permits shall be made, considered and

granted or denied under the procedure as set forth in this chapter. Special use permits may be granted only when it is shown by the evidence received at the hearing before the Planning Commission, or after an appeal before the City Council, that all of the following facts exist or determinations can be made: 1. The proposed use is consistent with the general plan and any applicable specific plan; 2. The proposed use, in the manner to be conducted, is permitted in the applicable zone and will conform to applicable federal, state, and local laws or

regulations; 3. The site for the proposed use has a size that is sufficient to reasonably accommodate the planned activities and will be served by existing infrastructure and utilities sufficient to serve the neighborhood, inclusive of the proposed use, or has been conditioned to install such infrastructure and utilities; 4. The design, location, size, and operating characteristics of the proposed use will be compatible with the existing and planned land uses in the vicinity; 5. The proposed use, at its location, will provide the neighborhood and/ or city with a service or facility that will contribute to its general welfare; and 6. The proposed use, and its operation, will not be unduly detrimental to: ( i) the health, safety or general welfare of persons residing or working in the vicinity; ( ii) property or improvements in the vicinity; or ( iii) the fiscal or economic interests of the City of Vista. B. In determining whether or not the above conditions exist, the Planning Commission, or after an appeal, the City Council, but not limited to shall consider the following factors: 1. Possible damage or nuisance from noise, glare, smoke, odor, fumes, dust

or vibration. 2. Possible hazard ( with a potential greater than normal or which exceeds the capabilities of local public safety units) to persons or property from explosion, contamination or fire. 3. Possible hazard or inconvenience occasioned by unusual volume or character of traffic. Prior Code Appendix A 2225; Ord. No. 94- 14, Amended, 05/ 24/ 94; Ord. No. 2014- 6, Amended, 03/ 11/ 14)

Section 18. 74. 130 Special Use Permit - Application

An application for a special use permit may be made by a property owner, lessee or a

person authorized to exercise the power of eminent domain. The application shall set forth fully the grounds for and the facts necessary to support the required showings for granting a special use permit. Prior Code Appendix A 2226)

Section 18. 74. 140 Special Use Permit - Notice of Hearing

Upon receipt of a complete application or upon the adoption of an order by the Planning

Commission or City Council, the Secretary of the Planning Commission shall give public notice of the intention of the Planning Commission to consider the granting of a special use permit at a public hearing as provided in Chapter 18. 04. Prior Code Appendix A 2227)

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Section 18. 74. 150 Special Use Permit - Date of Hearing

The hearing on an application for a special use permit shall be held by the Planning

Commission not later than 50 days following the finding that the application for such special use permit, or the adoption of the order by the Planning Commission or the Council, is complete. Prior Code Appendix A 2228)

Section 18. 74. 160 Special Use Permit - Decision by Planning Commission

No more than 40 days following its hearing on the application for a special use permit, the

Planning Commission shall grant or deny the special use permit or grant the special use permit subject to specified conditions. Such action shall be by resolution. Prior Code Appendix A 2229)

Section 18. 74. 170 Notice of Decision of Commission

Prior Code Appendix A 2230; Ord. No. 91- 18, Repealed, 07/ 09/ 91)

Section 18. 74. 180 Special Use Permit - Appeal from Planning Commission Decision

Appeals from the decision of the Planning Commission shall be filed pursuant to Section

18. 4. Prior Code Appendix A 2231; Ord. No. 91- 18, Amended, 07/ 09/ 91)

Section 18. 74. 190 Effective Date of Order Granting or Denying Special Use Permit; Time for Appeal

Prior Code Appendix A 2232; Ord. No. 91- 18, Repealed, 07/ 09/ 91)

Section 18. 74. 200 Transmission of Commission' s Record to City Council

Prior Code Appendix A 2233; Ord. No. 91- 18, Repealed, 07/ 09/ 91)

Section 18. 74. 210 City Council to Hold Public Hearing on Appeal

Prior Code Appendix A 2234; Ord. No. 91- 18, Repealed, 07/ 09/ 91)

Section 18. 74. 220 Decision of the City Council Shall be Final

Prior Code Appendix A 2235; Ord. No. 91- 18, Repealed, 07/ 09/ 91)

Section 18. 74. 230 Notice of Decision of City Council

Prior Code Appendix A 2236; Ord. No. 91- 18, Repealed, 07/ 09/ 91)

Section 18. 74. 240 General Provisions

A. Application for Variance or Special Use Permit. An application for a variance or

special use permit as provided for in this chapter shall be in the form prescribed by the Director of Planning and shall be accompanied by: 1. Complete plans and description of the property involved and the proposed facility or activity. 2. Evidence, satisfactory to the Director of Planning or Zoning Administrator, of the ability and intention of the applicant to proceed with actual construction of the facility or

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implementation of the activity in accordance with such application within six months after the approval of the variance or special use permit. B. Conditions and Limitations. Variance and special use permits may be granted subject to such conditions and limitations as the Zoning Administrator, board of appeals, Planning Commission or City Council, whichever is applicable, shall deem to be reasonable and necessary or advisable under the circumstances so that the purpose and intent of this title shall be achieved. C. Guarantees May be Required to Ensure Performance of Conditions and Limitations. Whenever a variance or special use permit is granted by the Zoning Administrator, board of appeals, Planning Commission or the City Council, whichever is applicable, upon any condition or limitation or for a limited period of time, such administrator, board, commission or council may require the person seeking the variance or special use permit to furnish security in the form of money or instrument of credit in an amount fixed by such administrator, board, commission or council to ensure compliance with the conditions and limitation of time, upon which the variance or special use permit is granted, the guarantee furnished as security shall be forfeited to the City and such money or the money collected on any such guarantee shall be paid into the general fund of the City. D. Discontinuance. Each variance or special use permit heretofore or hereafter issued shall expire and become null and void at the expiration of one year after the activity for which it was issued shall have been discontinued. E. Nuisances. Neither the provisions of this chapter nor the granting of any permit provided for in this chapter authorizes or legalizes the maintenance of any public or private nuisance. F. Extension of Time. The time limits within which the Zoning Administrator, Planning Commission, board of appeals or City Council, whichever is applicable, shall act on an application for variance or special use permit may be extended by the body having final jurisdiction. G. Reapplication. No reapplication for a variance or special use permit which has been denied shall be filed earlier than three months after the date of such denial unless specific authority to do so has been granted by the Zoning Administrator, Planning Commission, board of provisions of this section, however, will not prevent earlierappeals or the City Council. The reapplication if denial of an application is made without prejudice. H. Expiration. Each valid unrevoked special use permit and unexpired variance shall expire and become null and void at the time specified in such permit or variance, or if no time is specified, at the expiration of one year after issuance, except where construction and/ or activity has commenced in reliance on such permit or variance prior to its expiration; provided, however, upon application of the owner, such one- year period within which such construction or activity must be commenced may be extended for one- year periods, not to exceed two such extensions, beyond the original expiration date by the Director of Planning without notice or hearing. In the event the Director of Planning denies the owner' s application for extension, the owner may appeal to the board of appeals or the City Council, whichever is appropriate. I. Assignment. A special use permit or variance is not personal to the owner of the land at the time of granting such special use permit. A special use permit runs with the land and is available to any subsequent owner until it expires in accordance with its terms or is effectively revoked. J. Filing Fee. A filing fee established by resolution of the City Council shall be paid to the City upon the filing of each application for a variance or special use permit, as provided for in this title, for the purpose of defraying the expense of investigation, postage, posting, advertising and other costs incidental to the proceedings prescribed in this chapter. Prior Code Appendix A 2239)

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Section 18. 74. 250 Zoning Administrator - Office Established - Authority

A. The Office of the Zoning Administrator is created in order to relieve the Planning

Commission and City Council of certain routine functions necessary to the proper administration of this chapter. B. The Zoning Administrator shall be the Director of Planning or his authorized agent, with such authority as is granted to him by this title. Prior Code Appendix A 2240)

Section 18. 74. 260 Zoning Administrator - Powers and Duties

A. The Zoning Administrator is authorized to consider and to approve, disapprove or

modify applications and/or issue the following required permits without setting the matter for a public hearing on the following subjects: 1. Minor Use Permit. The Zoning Administrator may be empowered by the office of the Director of Planning to issue minor use permits, as defined in Sections 18. 66. 010 through 18. 66. 040, according to the regulations of such sections. 2. Adjustment Process. a. There is hereby created an adjustment process to be used to grant modifications from the zoning ordinance which are at ten percent modification or less. These may be granted by the Zoning Administrator. The only written finding necessary for an adjustment is that the adjustment does not significantly adversely impact any neighboring properties, in the opinion of the Zoning Administrator. b. Adjustments may be granted for the following: 1. A reduction in front side or rear setback regulations. 2. Reduction in parking or loading regulations. 3. Reduction or increase in the height of wall or fence

requirements. C. Said adjustments shall be granted, noticed and heard in the following manner: All noticing shall be the same as for a site development plan, in that all property owners within 300 feet of the site will be notified. At the end of the review period, the Zoning Administrator may grant or deny the adjustment, without further hearing. He may also set a hearing before the Planning Commission if he believes there is sufficient reason, including protest from neighbors. Any decision of the Zoning Administrator or Planning Commission may be appealed pursuant to Section 18. 04. 150. 3. Fees. A fee in the amount established by resolution of the City Council shall accompany each application for a use permit or variance considered by the Zoning Administrator without a public hearing. 4. Application. An application for a minor use permit or variance under the provisions of this section shall include or be accompanied by a written consent to the granting of the permit or variance signed by the owner or owners of each lot or parcel adjoining the site subject to the permit or variance and the owner or owners of land across any street from such site. 5. Hearings. In the event of appeal, the Zoning Administrator shall set the matter for public hearing as provided by regular variance procedures of this title. B. Repealed. C. Satellite Antenna Permit. The Zoning Administrator/ Director of Planning is authorized to consider and approve, approve subject to specified conditions, or deny applications for a satellite antenna permit in accordance with the provisions hereof. In granting such a permit, he may impose such conditions as deemed necessary or desirable to protect the public health, safety and general welfare.

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1. Application for a satellite antenna permit may be made by the owner or

leaseholder of the subject property and shall be filed with the Zoning Administrator. The application shall state fully the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans, including landscaping plans, a legal description of the subject property and a copy of the lease agreement where a leaseholder is the applicant. Whenever another discretionary permit is required for construction of a proposed project, the satellite antenna permit may be combined with such discretionary permit. 2. An advertised public hearing shall not be required in the case of an application for a satellite antenna permit. The Zoning Administrator shall set a reasonable time for consideration of an application for a satellite antenna permit and give notice thereof to the applicant and may give notice thereof to other interested persons. Upon the date set for consideration of the matter, he shall hear the application unless cause is found to continue the matter. If a date and time for continued consideration is announced at the hearing, no further notice need be given. 3. The Zoning Administrator may grant a satellite antenna permit when it appears from the facts contained in the application, from information obtained by the Zoning Administrator, and from any evidence presented, that the proposal is in conformance with the standards set forth in Section 18. 58.500, or he may deny such permit application if it is found not to be in conformance with such section. He shall render his decision upon completion of the investigation of the facts as set forth in the application and the review of the circumstances of the particular case. The decision shall be in writing and shall include findings that the application is in conformance with, or fails to comply with, the provisions of Section 18. 58. 500. The decision shall be filed in the office of the Director of Planning and a copy shall be mailed to the applicant and any interested party of record. 4. Appeals from the decision of the Zoning Administrator shall be made pursuant to section 18. 04. 150. 5. The satellite antenna permit shall become null and void 30 days after the effective date of such permit unless construction and/ or installation has commenced upon reliance of the permit prior to such date. The Zoning Administrator may grant an extension of 30 days for justifiable cause; however, in no case shall an extension for a satellite antenna permit exceed 60 days. Prior Code Appendix A 2241; Ord. No. 91- 18, Repealed & Amended, 07/ 09/ 91)

Section 18. 74. 270 Zoning Administrator - Actions Authorized Without Public Hearing

Prior Code Appendix A 2242; Ord. No. 91- 18, Repealed, 07/ 09/ 91)

Section 18. 74. 280 Suspension and Revocation of Use Permits

A. Unless otherwise specified in the special use permit itself, each special use

permit shall be null and void if no construction or use in reliance on the permit is started by 11: 59 p. m. on the first anniversary date of the adoption of the resolution approving the permit by the Planning Commission or, on appeal, by the Council. B. The Planning Commission shall, at a public hearing noticed in the same manner as any hearing required for the granting of a permit, consider appropriate action including suspension, revocation or modification of any special use permit if it finds that any of the following conditions exist:

1. The operation as conducted by the permittee, manager or any employee

or agent of the permittee or manager does not comply with all applicable laws, including, but not limited to, the following: a. The City' s building ordinances as set forth in this code b. The City' s fire ordinances as set forth in this code

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C. The City' s health ordinances as set forth in this code
d. The City' s zoning ordinances as set forth in this code
e. The creation of a public or private nuisance or hazardous

condition such as undue or excessive vehicular traffic hazards to the general public. f. Other factors that may be detrimental to the public health, safety or welfare. g. Any intensification of use h. Any violation of the terms or conditions of the use permit itself. made any false, misleading or 2. The permittee or manager knowingly fraudulent statement of fact in the application for a permit. C. The requirements of this section shall be cumulative with those of Section 18. 40. 140 for those uses governed by Section 18. 40. 140. Prior Code Appendix A 2243)

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Chapter 18. 75

Requirements for Processing Special Use Permits for Hazardous Waste Facilities

Sections:

18. 75. 010 Applicability
19. 75. 020 Definitions
20. 75. 030 Notice of Intent to Apply
21. 75. 040 Public Meeting
22. 75. 050 Local Assessment Committee
23. 75. 060 Notice of Permit Application
24. 75. 070 Negotiation Process
25. 75. 080 Consultant and Mediator Fees
26. 75. 090 Initial Consulting Determination
27. 75. 100 Hearing Process
28. 75. 110 Appeal of City Council Decision

Section 18. 75. 010 Applicability

A special use permit shall be required for any hazardous waste facility as defined herein.

It is the intent of this chapter to supplement Chapter 18. 74 of this code for the processing of this special use permit. Ord. No. 92- 8, Enacted, 05/ 26/ 92)

Section 18. 75. 020 Definitions

The following definitions are applicable to this chapter. Unless the context otherwise

requires, the following definitions govern the construction of this chapter. A. " Hazardous waste" shall mean a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either: 1. Cause or significantly contribute to an increase to mortality of an increase in serious irreversible, or incapacitating reversible illness. 2. Pose a substantial present or potential hazard to human health or

environment when stored, transported, or disposed of, or otherwise improperly treated, managed. Unless expressly provided otherwise, the term " hazardous waste" shall be understood to also include extremely hazardous waste. B. " Hazardous waste facility" shall mean any structure, other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. project" shall mean a project undertaken for the C. " Hazardous waste facility purpose of siting and constructing a new hazardous waste facility or for the purpose of significantly expanding or modifying an existing hazardous waste facility that is being used or operated under a permit issued pursuant to Section 25200 of the California Health and Safety Code or a grant of interim status pursuant to Section 25200. 5 of that code. Unless expressly provided otherwise, " hazardous waste facility project" include a specified hazardous waste facility project. D. " Land use decision" shall mean a discretionary decision of a local agency concerning a hazardous waste facility project, including the issuance of a land use permit or

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special use permit, the granting of a variance, the subdivision of property, and the modification of existing property lines pursuant to Title 7 ( commencing with Section 65000) of the California Government Code. E. " Significantly expand or modify" shall mean to expand or modify an existing hazardous waste facility, including a specified hazardous waste facility, in a manner so that a land use decision and an environmental impact report are required. F. " Specified hazardous waste facility" shall mean an off-site facility which serves more than one producer of hazardous waste. G. " Specified hazardous waste facility project" shall mean a project undertaken for the purpose of siting and constructing a new specified hazardous waste facility or for the purpose of significantly expanding or modifying an existing specified hazardous waste facility that is being used or operated under a permit issued pursuant to section 25200 of the California Health and Safety Code or a grant of interim status pursuant to Section 25200. 5 of that code. Ord. No. 92- 8, Enacted, 05/ 26/ 92)

Section 18. 75. 030 Notice of Intent to Apply

A. At least 90 days before filing an application for a special use permit, the applicant

shall file with the Planning Division and with the Office of Permit Assistance in the State Office of Planning and Research a notice of intent to make the application. B. The notice of intent shall contain a complete description of the nature, function, and scope of the project. C. The Planning Division shall provide public notice of the applicant' s intent to apply for a special use permit, pursuant to the noticing procedure in Chapter 18. 04 and by posting notices in the location where the proposed project is located. The notice shall include the date, time, and place of the public meeting described in Section 18. 75. 040. D. The applicant may not file an application for a special use permit unless the applicant has first complied with Item A above. Ord. No. 92- 8, Enacted, 05/ 26/ 92)

Section 18. 75. 040 Public Meeting

Within 90 days after a notice of intent to file an application for a special use permit is

filed with the Planning Division and with the Office of Permit Assistance in the State Office of Planning and Research, the Office of Permit Assistance will, in cooperation with the Planning Division, convene a public meeting in the City of Vista to inform the public on the nature, function, and scope of the proposed project and the procedures that are required for approving applications for the project. Ord. No. 92- 8, Enacted, 05/ 26/ 92)

Section 18. 75. 050 Local Assessment Committee

A. Within 90 days after a notice of intent to file an application for a special use permit is filed with the Planning Division and with the Office of Permit Assistance in the State Office of Planning and Research, the City Council shall appoint a seven member local assessment committee. B. The membership of the local assessment committee shall be broadly constituted to reflect the makeup of the City and shall include three representatives of the City at- large, two representatives of environmental or public interest groups and two representatives of affected businesses and industries. Members of the committee shall have no direct financial interest, as defined in Section 87103 of the California Government Code, in the proposed project.

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C. The local assessment committee shall, within the time period prescribed by the

City Council, do all of the following: 1. Adopt rules and procedures which are necessary to perform its duties. 2. Represent generally, in negotiations with the project applicant, the interest of the residents of the City of Vista and the interest of adjacent communities. 3. Negotiate with the project applicant on the detailed terms, provisions, and conditions for project approval which would protect the public health, safety, and welfare and the welfare of the City of Vista through special benefits and compensation. 4. Receive and expend, subject to the approval of the City Manager and authorization of the City Council, the technical assistance grants made available by the Office of Permit Assistance in the State Office of Planning and Research to enable the local assessment committee to hire an independent consultant to assist the committee in reviewing the project and negotiating terms, provisions, and conditions with the applicant. 5. Advise the Planning Division, Planning Commission, and City Council of the terms, provisions, and conditions for project approval which have been agreed upon by the committee and the applicant, and of any additional information which the committee deems appropriate. The Planning Division, Planning Commission, and City Council may use this advice for their independent consideration of the project. D. The City Council shall provide staff resources to assist the Local Assessment Committee in performing its duties. E. The Local Assessment Committee shall cease to exist after final administrative action by state and local agencies has been taken on the permit applications for the project for which the committee was convened. Ord. No. 92- 8, Enacted, 05/ 26/ 92)

Section 18. 75. 060 Notice of Permit Application

A. The Planning division shall notify the Office of Permit Assistance in the State Office of Planning and Research within ten days after an application for a special use permit is accepted as complete by the Planning Division. B. Within 60 days after receiving this notice, the Office of Permit Assistance in the State Office of Planning and Research will convene a meeting in the City of Vista of the lead agency and responsible agencies for the project, the applicant, the Local Assessment Committee, and the interested public, for the purpose of determining the issues which concern the agencies that are required to approve the project and the issues which concern the public. The Planning Division shall provide notice to the public of the date, time, and place of the meeting. Ord. No. 92- 8, Enacted, 05/ 26/ 92)

Section 18. 75. 070 Negotiation Process

A. Following the meeting required by Section 18. 75. 060, the local assessment

committee and the applicant shall meet and confer on the project proposal for the purpose of establishing the terms, provisions, and conditions under which the project would be acceptable to the community. B. If the local assessment committee and the applicant cannot resolve any differences through the meetings, the Office of Permit assistance in the State Office of Planning and Research may recommend the use of a mediator. Ord. No. 92- 8, Enacted, 05/ 26/ 92)

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Section 18. 75. 080 Consultant and Mediator Fees

A. Pursuant to Section 25199. 7( g) of the California Health and Safety Code, the

applicant shall pay a fee, established by the Office of Permit Assistance in the State Office of Planning and Research, equal to the cost of hiring independent consultants to review the project. The Office of Permit Assistance in the State Office of Planning and Research may use this money to make technical assistance grants to the local assessment committee to enable the committee to hire an independent consultant to assist the committee in reviewing the project and negotiating terms, provisions, and conditions with the applicant. B. Pursuant to Section 25199. 7( h) of the California Health and Safety Code, the applicant shall pay one- half of the costs of any mediation process which may be recommended by the Office of Permit Assistance in the State Office of Planning and Research. The remaining costs will be paid, upon appropriation by the legislature, from the State General Fund. Ord. No. 92- 8, Enacted, 05/ 26/ 92)

Section 18. 75. 090 Initial Consulting Determination

A. At the request of the applicant, the Planning Commission shall, within 60 days after the Planning Division has determined that an application for a special use permit is complete and after a noticed public hearing, issue an initial written determination on whether the proposed project is consistent with the following: 1. The General Plan and zoning ordinances in effect at the time the application was received including the Hazardous Waste Element of the General Plan. 2. The County Hazardous Waste Management Plan authorized by Article 3. 5 ( commencing with Section 23135) of the California Health and Safety Code. B. The Planning Division shall send to the applicant a copy of the written determination made pursuant to item " A" above. C. The determination required by item " A" above does not prohibit the City from making a different determination when the final decision to approve or deny the special use permit is made, if the final determination is based on information that was not considered at the time the initial determination was made. Ord. No. 92- 8, Enacted, 05/ 26/ 92)

Section 18. 75. 100 Hearing Process

A. The Planning Commission shall hold a noticed public hearing to consider the

special Use. Permit. The Planning Commission' s decision shall be advisory to the City Council. B. The City Council shall hold a noticed public hearing on the special use permit. The decision of the City Council shall be final unless appealed as set forth in Section 18. 75. 110. Ord. No. 92- 8, Enacted, 05/ 26/ 92)

Section 18. 75. 110 Appeal of City Council Decision

The decision of the City Council regarding the approval, conditions of approval, or denial

of a special use permit shall be final unless appealed by the applicant or an interested person to the Governor of the State of California, or the Governor' s designee, pursuant to Article 8. 7 commencing with Section 25199) to Chapter 6. 5 of Division 20 of the California Health and Safety Code within 30 days after the date the City Council approves or denies the special use permit. Ord. No. 92- 8, Enacted, 05/ 26/ 92)

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Chapter 18.76

Temporary Use Permits