Vista Municipal Code § 18.76 Temporary Use Permits

Section 18.76.010 Temporary Use Permits - Zoning Administrator

A. Permitted Uses. Temporary use permits may be issued for the following uses on

any privately owned property zoned C-1, 2 or 3; M-1 or properties designated for commercial or industrial uses within specific plans provided that the operations permitted therein shall be for no more than ten days: 1. Carnivals, circuses or fairs 2. Rodeos with no permanent structures involved 3. Fireworks shows 4. Other temporary uses of a similar nature to those in Subdivisions 1 through 3 of this subsection. 5. Temporary cannabis events subject to the requirements of section 18.76.015. B. Application Procedures. Applications for a temporary use permit shall be made to the Office of the Zoning Administrator at least 45 days prior to the first date of the proposed activity in a form prescribed by the Community Development Director and shall be accompanied by: 1. A map showing the area on which the event will be held. 2. A description of the event for which the Temporary Use Permit is requested. 3. The name( s) of the organization( s) and principals within the organization applying for the temporary use permit. 4. An estimate of the number of persons who will attend, all vendors who are anticipated to operate at the event, and a description of all security personnel and arrangements that are scheduled for the event. 5. A description of parking arrangements for the event. 6. Such additional information as may be required by the Zoning Administrator to determine whether the event will be compatible with the surrounding neighborhood, satisfy applicable laws, and be consistent with the public, health, safety and welfare. C. Fees. A nonrefundable processing fee shall be paid prior to the acceptance of any application for a temporary use permit. Such fee shall be established by resolution of the City Council from time to time. D. Expiration. Each valid temporary use permit, unless earlier revoked, shall expire and become null and void at the time specified in such permit. E. Notice and Hearing. 1. Within 45 days of the date of a submittal of a complete application for a temporary use permit, the Zoning Administrator shall hold a public hearing on the application. Notice of the public hearing shall be given pursuant to Section 18.04.060B.

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2. A temporary use permit shall be issued, unless the Zoning Administrator

makes one or more of the following findings: a. That the proposed activity at the particular location will not contribute to the general convenience or welfare of the neighborhood or the community. b. That the characteristics of the proposed activity are incompatible with those permitted in the surrounding areas, or that such proposed activity is not in harmony with the various elements and objectives of the General Plan. c. The proposed activity, under the circumstances of the particular case, will be detrimental to the health, safety, and welfare of the persons residing in the vicinity, or will be in conflict with applicable law. For purposes of temporary cannabis events, “applicable law” excludes the regulation of cannabis under the federal Controlled Substances Act. 3. Any approved permit may include conditions or requirements that the Zoning Administrator determines are reasonably required in order to make one or more of the findings set forth in Subsection 2 above. In addition, the Zoning Administrator may require that insurance and indemnification be provided for the benefit of the City and/or the public when the Zoning Administrator determines that there is a risk of damage, injury or lawsuit in connection with the special event. F. Appeal. Appeals from the decision of the Zoning Administrator shall be made pursuant to Section 18.04.150. Prior Code Appendix A 2250; Ord. No. 2003-11, Amended, 04/22/2003; Ord. No. 2014-4, Amended, 02/11/2014; Ord. No. 2020- 1, Amended, 01/14/2020; Ord. No. 2024- 06, Amended 06/28/2024)

Section 18.76.015 Temporary Cannabis Events

A. For purposes of this section, the following definitions apply: Cannabis goods” has the same meaning as defined under Section 15000 of Chapter 1, Division 19, Title 4 of the California Code of Regulations. Temporary cannabis event” shall mean a temporary event that includes onsite sale and/or consumption of cannabis goods in compliance with Section 26200(e) of the California Business and Professions Code, Chapter 5, Division 19, of Title 4 of the California Code of Regulations ( commencing at Section 15000) and this section of the Code. B. Required Licenses. Any person applying for a temporary use permit for a temporary cannabis event (“temporary cannabis event permit”) must obtain: ( 1) a valid business license issued by the City; ( 2) a state cannabis event organizer license issued by the California Department of Cannabis Control (“ DCC”); and ( 3) a state temporary cannabis event license issued by the DCC, prior to the event. All licenses and permits required under state and local law shall remain in full force effect throughout the duration of the event. C. Applications. Applications for a temporary cannabis event permit must comply with all requirements of section 18.76.010, unless otherwise stated in this section. The cannabis event organizer shall apply to the City for a temporary cannabis event permit with a City- approved form, no less than sixty ( 60) calendar days before the first day of the event. Applications shall provide a designated ride share area in addition to describing how parking requirements will be met. D. Event Duration. A temporary cannabis event permit may be issued for a single day or two ( 2) consecutive days, subject to the following: ( 1) no person may be issued temporary cannabis event permits that cumulatively exceed 24 days per calendar year; and ( 2) no more than 12 temporary cannabis events per calendar year may be sited at the same private property location as determined by Accessor Parcel Number. E. Event Location and Notification. A temporary cannabis event may not be located within 1,000 feet of a residential use, park, church or school, as measured from door to door. At least 10 calendar days prior to the public hearing considering the request for temporary 18.76 (2) ( Vista 06/28/24)

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cannabis event, the City shall provide notification of the public hearing in compliance with Section 18.04.060.A. including publication in a newspaper of general circulation, notice mailed or delivered to all owners of properties within 500 feet of the event location, and notice posted at the proposed event location. F. Conditions. A temporary cannabis event permit holder and all retailers participating in the temporary cannabis event shall comply with all conditions required under state and City licenses and permits, including but not limited to the following: 1. Cannabis consumption cannot be visible from any public place or nonage- restricted area. 2. Access to the temporary cannabis event must be restricted to persons 21 years of age or older. 3. Sale or consumption of alcohol or tobacco is prohibited on the premises of a temporary cannabis event. 4. All cannabis goods authorized to be sold at a temporary cannabis event must be transported to and from the event by a licensed distributor. 5. Consumption must be expressly authorized in the state temporary cannabis event license, otherwise only the sale of cannabis goods by licensed retailers at the event is permitted. If consumption is permitted, it shall only occur in a designated area and an on- site certified emergency medical technician ( EMT) must be provided for the duration of the event. 6. Only state-licensed cannabis retailers are authorized to conduct sales of cannabis goods at a temporary cannabis event. Retailers must comply with all state law requirements authorizing on-site cannabis sales and consumption at temporary cannabis events, including but not limited to: a. Displays of cannabis goods; b. Use of exit packaging; c. Age restrictions on sales; d. Daily sales limits; e. No free samples of cannabis goods; f. Designated sales locations with no mobile sales; and g. Recording sales in the state track and trace system. 7. Any retailer engaging in the sale of cannabis goods must possess a valid City of Vista business license and a commercial adult use cannabis business license in compliance with Chapter 5.95 of this Code. Such retailers must comply with all required tax provisions of this Code relating to the sale of cannabis goods in the City. 8. The cannabis event organizer shall hire or contract for security personnel to provide security services at the temporary cannabis event. The number of required security personnel and hours of security service shall be determined by the City. All security personnel shall be at least 21 years of age, licensed by the Bureau of Security and Investigative Services, and comply with chapters 11.4 and 11.5 of division 3 of the California Business and Professions Code. At a minimum, security personnel shall be present on the premises of a temporary cannabis event whenever cannabis goods are available for sale or cannabis consumption is allowed. 9. The cannabis event organizer and their hired personnel must use a driver’ s license scanner to verify age and authenticate patron IDs prior to providing event access. 10. The cannabis event organizer shall provide a certificate of insurance naming the City as additional insured, in an amount as specified by the Zoning Administrator but in no event below $ 2,000,000. 11. By accepting a temporary cannabis event permit, the cannabis event

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organizer agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability arising out of the actions permitted by such permit, and agrees to pay on behalf of the City all claims, damages, judgments, legal and court costs, adjuster fees and attorney fees related thereto. 12. All waste from the temporary cannabis event must be disposed of in designated waste receptacles and in accordance with state law. 13. Temporary cannabis events must comply with the City’s Noise Ordinance. 14. Temporary cannabis events are limited to the hours of 9 a.m. to 10 p.m. G. City Access. City code enforcement officers, Sheriff’ s department officers, or other agents or employees of the City requesting admission to the temporary cannabis event for the purposes of determining compliance with this section shall be provided unrestricted access. H. Permit Revocation. A temporary cannabis event permit may be immediately revoked by the Zoning Administrator if they determine the existence of any of the following: ( 1) a significant violation of any requirement of this section, applicable state law, or the conditions of permit approval; ( 2) the event poses a threat to public health or safety; or ( 3) the permit was issued in error or contrary to law. Any permit revocation shall be made by the City in writing and may be appealed in writing to the City Manager within five ( 5) calendar days of the date of revocation. The decision of the City Manager or their designee shall be final. Upon revocation, the cannabis event organizer may not apply for a temporary cannabis event permit for a period of one year following the date of revocation. I. Violation and Penalty. Failure to comply with the provisions of this section shall constitute a violation of the zoning ordinance and is subject to enforcement and penalty as is established by Chapter 18.82. Ord. No. 2024-06, Enacted 06/28/2024)

Section 18.76.020 Administrative Temporary Use Permits

A. Purpose. The purpose of an administrative temporary use permit is to provide for the administrative review and approval or denial of certain temporary use permits or activities or land uses that are temporary in nature, and are not of such an impact that public hearings and consideration by the Planning Commission or the City Council are warranted. B. Definitions. For purposes of this section, the following definitions shall apply: 1. “ Administrative temporary use permit” means a permit granted to authorize the conduct of temporary or promotional activities or land uses in accordance with the provisions of this section and other applicable zoning regulations of this code. 2. “ Sidewalk sale” means any temporary or promotional sale or offer for sale of goods or services which takes place on a private way, private parking lot, or other private property; such sale or offer for sale of goods or services is not conducted within an enclosed building in accordance with the applicable zoning district regulations. Exception: Any sale or offer for sale of goods or services which is permitted outside an enclosed building on a permanent basis by provisions of the applicable zoning district regulations is excepted. 3. “ Temporary use” means any activity or land use on private property of a duration of five days or less that is not specifically regulated or provided for by the applicable zoning district regulations. C. Applicability of provisions. 1. The conduct of any sidewalk sale, as defined in this section, within the city shall be subject to the provisions of this section. 2. Other temporary or promotional activities of a duration of less than five days, as may be designated by the Zoning Administrator from time to time as those subject to

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the provisions of this section. 3. Sidewalk sales, promotional activities and other temporary activities or land uses that are to exceed a duration of five days, plus those uses listed in Section 18.76.010.A, shall be subject to approval by the Zoning Administrator in accordance with the provisions of Section 18.76.010. D. Approval Conditions. Each applicant, or group when more than one is involved, must comply with the conditions as set forth in this subsection prior to or upon approval and granting of an administrative temporary use permit: 1. Each permit application must be signed by not less than three merchants with offices or stores in a commercial complex or a single large business with a gross sales floor area in excess of 20,000 square feet. 2. Sidewalk sales shall be limited to four such events during any one calendar year for any business or group of merchants. Exception: Any merchant or group of merchants may participate in additional events, provided the sale is a group activity conducted by a minimum of ten businesses or is sponsored or conducted by the Chamber of Commerce or other recognized merchants’ organization. 3. Any sidewalk sale conducted on property other than that owned or leased by the applicant( s) must have written permission of the property owner or his authorized agent. 4. By accepting such a permit, the permit seeker agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability arising out of the actions permitted by such temporary use permit, and the permit seeker agrees to pay on behalf of the City all claims, damages, judgments, legal and court costs, adjuster fees and attorney fees related thereto. 5. The permit seeker agrees to provide to the City a certificate of liability insurance naming the City as additionally insured, and which includes coverage for the effective dates of such temporary use permit, and with a minimum limit of liability set by the City pursuant to the City’s policy and/or practice. 6. The permit seeker shall ensure that pedestrian access is not impeded or obstructed in any manner that would create a hazard to the public health, safety or welfare. 7. The permit seeker shall ensure that such sale does not impede or obstruct vehicular traffic in any manner, including fire lanes for emergency vehicles. 8. The permit seeker shall ensure that such sale activities do not impede or obstruct access to any business, its parking or other use not participating in the sale. E. Application. An application for an administrative temporary use permit shall be made to the Zoning Administrator/ City Planner on such forms as he/she may prescribe. Such application shall include, as a minimum: 1. A formal letter from the applicant( s) indicating who is participating in such sale and the dates when the sale is to be conducted, duly signed by the business owner( s) or his/their authorized agent( s). 2. A plot plan indicating thereon the sale area in relation to any public or private street and/or parking area. 3. A certificate of liability insurance as required by Subsection D.5 4. Any commercial activity participating in such sidewalk sale which is not currently licensed by the City shall submit a business license application concurrently with the temporary use permit application; 5. Such other information as the Zoning Administrator/ City Planner may deem reasonably necessary. F. Fees. A nonrefundable processing fee shall be paid prior to the acceptance of

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any application for an administrative temporary use permit. Such fee shall be established by resolution of the City Council from time to time. Notwithstanding the foregoing, a civic organization may request a waiver of application fees for processing an administrative temporary use permit by submitting that request in writing to the City Manager concurrently with the application for the temporary use, or at such other time as is allowed by the City Manager, which must be before the issuance of the administrative temporary use permit. The waiver shall be granted when the City Manager determines that the proposed event will promote the interests of the City of Vista through facilitating or providing charitable contributions, services or other enhancements for the City or its residents. The City Manager’ s decision is subject to reconsideration by the City Manager if the applicant provides a written request to the City Manager ( within five working days of the issuance of the City Manager’ s written decision) that sets forth any legal or other basis for the requested reconsideration. No other administrative appeal or review shall be available. The decisions of the City Manager shall be made exclusively based on the benefits that will accrue to the City and shall be administered in a manner that is consistent with all applicable Constitutional and legal standards. For purposes of this section the term “ civic organization” includes any nonprofit corporation or other similar group dedicated to promoting civic, charitable, or other public interests. G. 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. H. Administrative Temporary Use Permit. 1. All administrative temporary use permits shall be approved, denied or conditionally approved by the Zoning Administrator without notice or hearing within five working days of the filing of a complete application. 2. An appeal of the decision of the Zoning Administrator shall be filed pursuant to Section 18.04.150. Prior Code Appendix A 2260; Ord. No. 91-18, Amended, 07/09/91; Ord. No. 2003-11, Amended, 04/22/2003; Ord. No. 2020- 1, Amended, 1/14/20)

Section 18.76.030 Conflict with Chapter 12.12 Provisions

A. It is the intent of this chapter that no conflict exists between this chapter and Chapter 12.12 of this code, as this chapter does not regulate events on public property; however, if a conflict arises between this chapter and Chapter 12.12, or a use would be subject to both this chapter and Chapter 12.12, Chapter 12.12 shall take precedence. B. Notwithstanding the above, if the Director of Recreation and Community Services determines that any large assembly of people or special event on public property is not regulated by Chapter 12.12, it shall be deemed to be regulated by this chapter. Prior Code Appendix A 2261; Ord. No. 88-22, Enacted, 07/11/88)

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Chapter 18. 78

Seasonal Use Permits

Sections:

18. 78. 010 Seasonal Use Permit
19. 78. 020 Time Limits
20. 78. 030 Application
21. 78. 040 Fees
22. 78. 050 Processing
23. 78. 060 Actions on Applications
24. 78. 070 Appeal

Section 18. 78. 010 Seasonal Use Permit

A seasonal use permit shall be required for the outdoor sale of large seasonal products

such as trees or pumpkins directly related to a specific holiday. No person shall sell, or offer for sale, large seasonal products without a valid seasonal use permit. Prior Code 2270; Ord. No. 91- 18, Repealed, 7/ 9/ 91; Ord. No. 95- 5, Enacted, 06/ 13/ 95)

Section 18. 78. 020 Time Limits

A seasonal use permit may be granted at any time; however, the permit shall not become

effective before the 31st day prior to the recognized holiday and shall expire on the 7th day after the recognized holiday. Prior Code 2270; Ord. No. 91- 18, Repealed, 7/ 9/ 91; Ord. No. 95- 5, Enacted, 06/ 13/ 95)

Section 18. 78. 030 Application

The application for a seasonal use permit shall be made on such form and in such

manner as shall be determined by the City Planner. As a condition precedent to the issuance of the permit, the owner of the property on which the use is located shall provide written assurance and covenant that all conditions of the permit shall be complied with, and that in the event the permittee fails to perform any obligations under the permit, the owner of the property shall perform such obligations within seven days of issuance of a notice of violation and order by the City. Failure on the part of the owner to comply with the notice of violation and order within the time stated shall constitute a violation of this section, subject to enforcement by citation pursuant to Chapter 1. 12 of the Vista Municipal Code. Ord. No. 95- 5, Enacted, 06/ 13/ 95)

Section 18. 78. 040 Fees

The City Council may set fees by resolution for seasonal use permits.

Ord. No. 95- 5, Enacted, 06/ 13/ 95)

Section 18. 78. 050 Processing

Upon receipt of the application, the City Planner or designee shall process the seasonal use permit and shall grant said permit in writing only if the following exists:

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A. The land proposed to be used for the sale of the item is zoned commercially

unless it is otherwise regulated by specific plan regulation. B. The land proposed to be used shall be fenced or otherwise screened to insure that no hazard to persons or property is created. This condition may be waived or modified by the City Planner. C. The signs for the use must also be approved at this time as part of the seasonal

sales permit. D. The approval application and the approval shall include a signed affidavit or other document by the applicant that he understands the terms and conditions of the permit and shall vacate the site at the appropriate time. If the use is abandoned prior to the holiday, the site must be cleaned up within seven days of the abandonment. E. The applicant shall apply for such building permits as necessary and they may be granted only if the seasonal use permit is approved. F. No factors exist which would violate the use of a Class 4 categorical exemption from the CEQA pursuant to Guidelines 15304( e). In the event that the possibility of a significant environmental impact exits, the permit processing may require further environmental review per CEQA Guidelines 15300. 2( c). G. The applicant shall submit a plan for site clean- up. H. The lot and its operation shall not interfere with any exiting use or violate any existing City code or City regulation. Ord. No. 95- 5, Enacted, 06/ 13/ 95)

Section 18. 78. 060 Actions on Applications

The City Planner must act to approve, conditionally approve, or deny an application

within 14 calendar days of receipt of the application for a seasonal use permit unless environmental review is required, in which event a decision will be issued within 14 days of completion of the appropriate level of environmental review. Ord. No. 95- 5, Enacted, 06/ 13/ 95)

Section 18. 78. 070 Appeal

The action of the City Planner may be appealed pursuant to Section 18. 04. 150.

Ord. No. 95- 5, Enacted, 06/ 13/ 95)

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Chapter 18. 80

Amendments

Sections:

18. 80. 010 When Permitted
19. 80. 020 Initiation of Amendments
20. 80. 030 Hearing by Planning Commission
21. 80. 040 Date of Hearing
22. 80. 050 Decision and Recommendation by Planning Commission
23. 80. 060 City Council to Hold Public Hearing
24. 80. 070 Decision by City Council
25. 80. 080 City Council Action Conclusive
26. 80. 090 Notice of Decision by City Council
27. 80. 100 Extension of Time

Section 18. 80. 010 When Permitted

Whenever the public necessity, convenience, welfare and good zoning practice justify

such action, the City Council by ordinance may create or change a zone or district established by this title, revise the boundaries of such zones, or establish, change or repeal the regulations applying therein. Prior Code Appendix A 2301)

Section 18. 80. 020 Initiation of Amendments

Amendments to this title may be initiated by:
A. The application for an owner or the agent of such owner seeking an amendment,

supplement to, or change of the regulations prescribed for his property or the reclassification of his property. B. The application of a person authorized to exercise the power of eminent domain. C. The City Council D. The Planning Commission Prior Code Appendix A 2302)

Section 18. 80. 030 Hearing by Planning Commission

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

Commission or the City Council, the Planning Commission shall hold one public hearing thereon, and notice thereof shall be given as prescribed in Chapter 18. 04. Prior Code Appendix A 2303)

Section 18. 80. 040 Date of Hearing

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

such amendment or order of the Planning Commission or the City Council. Prior Code Appendix A 2304)

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Section 18. 80. 050 Decision and Recommendation by Planning Commission

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

hearing and shall recommend the adoption of the amendment by the City Council or recommend that the application be denied by such council. Prior Code Appendix A 2305)

Section 18. 80. 060 City Council to Hold Public Hearing

The City Council shall hold a hearing on the recommendation of the Planning

Commission within 50 days of the date of the Planning Commission recommendation. Prior Code Appendix A 2306; Ord. No. 91- 18, Amended, 07/ 09/ 91)

Section 18. 80. 070 Decision by City Council

The City Council shall announce its decision within 40 days following the hearing required before such Council by this chapter. If the Council orders an amendment of this title, it shall be by no less than three- fifths vote of all members of the City Council. The majority of the City Council may also take no action on the amendment, in which case the amendment is denied. Prior Code Appendix A 2307)

Section 18. 80. 080 City Council Action Conclusive

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

shall be final and conclusive. Prior Code Appendix A 2308)

Section 18. 80. 090 Notice of Decision by City Council

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

this title 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. Prior Code Appendix A 2309)

Section 18. 80. 100 Extension of Time

The time within which the Planning Commission or the City Council shall act on an

application for an amendment may be extended by the City Council. Prior Code Appendix A 2310)

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Chapter 18. 82

Enforcement, Violation and Penalty

Sections:

18. 82. 010 Enforcement of Provisions
19. 82. 020 Penalty Imposed
20. 82. 030 Each Day a Separate Offense
21. 82. 040 Violation Declared Public Nuisance - Remedies

Section 18. 82. 010 Enforcement of Provisions

It shall be the duty of the City Manager or his designee( s) and the County Sheriff to

enforce all of the provisions of this title. Prior Code Appendix A 2601)

Section 18. 82. 020 Penalty Imposed

Any person, firm or corporation violating any of the provisions of this title shall be

deemed guilty of an offense punishable in accordance with the provisions of Section 1. 16. 010 of this code. Prior Code Appendix A 2602)

Section 18. 82. 030 Each Day a Separate Offense

Each person found guilty of a violation shall be deemed guilty of a separate offense for

every day during any portion of which any violation of any provisions of this title is committed, continued or permitted by such person and shall be punishable therefore as provided for in this title, and any use, occupation or building or structure maintained contrary to the provisions hereof shall constitute a public nuisance. Prior Code Appendix A 2603)

Section 18. 82. 040 Violation Declared Public Nuisance - Remedies

A. Any building or structure erected, constructed, altered or maintained and/or any use of property contrary to the provisions of this title shall be and the same is declared to be unlawful and a public nuisance, and any failure, refusal or neglect to obtain a permit as required by the terms of this title shall be prima facie evidence of the fact that a nuisance has been committed in connection with the erection, construction, alteration or maintenance of any or structure erected, constructed, altered or maintained or used contrary to thebuilding provisions of this title. B. The City Attorney shall, upon order of the City Council, immediately commence necessary proceedings for the abatement, removal and/ or enjoinment thereof in the manner provided by law. C. All of the remedies provided for in this chapter shall be cumulative and not inclusive. Prior Code Appendix A 2604)

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Chapter 18. 84

Regulation of Adult-Oriented Businesses

Sections:

18. 84. 010 Purpose
19. 84. 020 Definitions
20. 84. 030 Minimum Proximity Requirements
21. 84. 040 Amortization of Legal Nonconforming Adult-Oriented Business Uses
22. 84. 050 Extension of Time for Termination of Legal Nonconforming Adult-Oriented Business Use
23. 84. 060 Subsequent Location of Sensitive Uses

Section 18. 84. 010 Purpose

It is the intent of this ordinance to prevent community wide adverse economic impacts,

increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the presence of adult-oriented businesses in close proximity to incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that adult- oriented businesses cause an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this ordinance to establish reasonable and uniform regulations to prevent adult-oriented businesses from locating in close proximity to incompatible uses, while permitting the location of adult- oriented businesses in certain areas. Ord. No. 2001- 12, Added, 07/ 10/ 01)

Section 18. 84. 020 Definitions

In addition to any other definitions contained in the Municipal/ Development Code, the following words and phrases shall, for the purpose of this chapter and Chapter 9. 12 be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the Municipal/ Development Code, these definitions shall prevail. A. " Adult Arcade" shall mean a business establishment to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image- producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing " specified sexual activities" or " specified anatomical areas." Such devices shall be referred to as " adult arcade devices." B. Adult Booth/ Individual Viewing Area" shall mean a partitioned or partially enclosed portion of an adult-oriented business used for any of the following purposes: 1. Where a live or taped performance is presented or viewed, where the performances and/ or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to " specified sexual activities" or " specified anatomical areas;" or 2. Where " adult arcade devices" are located.

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C. " Adult Cabaret" shall mean a business establishment ( whether or not serving alcoholic beverages) that features " adult live entertainment." D. " Adult Cabaret Dancer" shall mean any person who is an employee or independent contractor of an " adult cabaret" or " adult- oriented business" and who, with or without any compensation or other form of consideration, performs as a sexually oriented dancer, exotic dancer, stripper, go- go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancers breasts, genitals, and/ or buttocks, but does not involve exposure of "specified anatomical areas" or depicting or engaging in " specified sexual activities." " Adult cabaret dancer" does not include a patron. E. " Adult Hotel/ Motel" shall mean a " hotel" or " motel" ( as defined in the Municipal Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image- producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to " specified sexual activities" or " specified anatomical areas." F. " Adult Live Entertainment" shall mean any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: 1. The performer ( including, but not limited to, topless and/ or bottomless dancers, go- go dancers, exotic dancers, strippers, or similar performers) exposes to public view,

without opaque covering, " specified anatomical areas"; and/ or 2. The performance or physical human body activity depicts, describes, or relates to " specified sexual activities" whether or not the specified anatomical areas are

covered. G. " Adult Modeling Studio" shall mean a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays " specified anatomical areas" to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. " Adult modeling studio" does not include schools maintained pursuant to standards set by the Board of Education of the State of California. H. Adult Motion Picture Theater" shall mean a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically- generated reproductions that is characterized by the depiction or description of" specified sexual activities" or " specified anatomical areas". I. Adult-Oriented Business" shall mean: 1. A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel, adult modeling studio; or 2. A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes " adult- oriented material" or " sexually oriented merchandise," or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities" or " specified anatomical areas" but not including those uses or activities which are preempted by state law. J. Adult- Oriented Material" shall mean accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is

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distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities" or " specified anatomical areas." " adult- oriented material" shall include " sexually oriented merchandise." K. " Adult Retail Store" shall mean a business establishment having as a regular and substantial portion of its stock in trade, " adult- oriented material." L. Church" or " Religious Institution" shall mean any part of a building or structure which is used primarily for religious worship and religious activities. M. " City Manager" shall mean the City Manager of Vista or the designee of the City Manager, which may be either an employee of the City of Vista, or a hearing officer selected through a process set by the City Manager. N. " Establishment of an Adult- Oriented Business" shall mean any of the following: 1. The opening or commencement of any " adult- oriented business" ( as defined above) as a new business; or 2. The conversion of an existing business, whether or not an " adult- oriented business," to any " adult- oriented business"; or 3. The addition of any " adult-oriented business" to any other existing " adult- oriented business;" or 4. The relocation of any " adult- oriented business"; or 5. Physical changes that expand the square footage of an existing " adult- oriented business" by more than ten percent. O. " Municipal Code" shall mean both the City' s Municipal Code and the City's Development Code. P. Owner/ License Holder" shall mean any of the following: 1. The sole proprietor of an adult- oriented business; 2. Any general partner of a partnership that owns and operates an adult- oriented business; 3. The owner of a controlling interest in a corporation or L. L. C. that owns and operates an adult- oriented business; or 4. The person designated by the officers of a corporation or the members of an L. L. C. to be the permit holder for an adult- oriented business owned and operated by the corporation. Q. " Park" shall mean regional, community, neighborhood, mini- parks, parkettes and school/ parks as set forth in the Open Space and Recreation Element of the Vista General Plan. R. " Performer" shall mean a person who is an employee or independent contractor of an adult-oriented business or any other person who, with or without any compensation or other form of consideration, provides " adult live entertainment" for patrons of an " adult- oriented business." S. " Police Chief" shall mean the San Diego County Sheriff. T. " Police Services Department" shall mean the San Diego County Sheriff Department which is responsible for the provision of police services to the City of Vista. U. " Residential" shall mean Residential Zoning Designations: RM, R- 1- 13, R- 1, E- 1, A- 1; and the following Specific Plans: Specific Plan No. 1, Specific Plan No. 2, Specific Plan No. 8, Specific Plan No. 16, Specific Plan No. 21, Specific Plan No. 24, Specific Plan No. 26, Specific Plan No. 28, Specific Plan No. 29, Specific Plan No. 32, Vista Townsite Specific Plan, Hacienda Specific Plan, and Sierra Verde Specific Plan, or other equivalent zoning or specific plan designation providing residential use that may be created by action of the City Council from time to time. V. " School" shall mean any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of

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Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. W. " Sexually Oriented Merchandise" shall mean sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado- masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities" or " specified anatomical areas." X. " Specified Anatomical Areas" shall mean and include any of the following: 1. Less than completely and opaquely covered, and/ or simulated to be reasonably anatomically correct, even if completely and opaquely covered human: a. genitals, pubic region; b. buttocks, anus; or

C. female breasts below a point immediately above the top of the

areola; or 2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered. Y. " Specified Sexual Activities" shall mean and include any of the following, irrespective of whether performed directly or indirectly through clothing or other covering: 1. Human genitals in a state of sexual stimulation or arousal; and/ or 2. Acts of human masturbation, sexual stimulation or arousal; and/ or 3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/ or 4. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/ or restraints; and/ or 5. Human excretion, urination, menstruation, vaginal or anal irrigation;

and/ or 6. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. Ord. No. 2001- 12, Added, 07/ 10/ 01; Urgency Ord. No, 2006- 12, Repealed and Replaced, 8/ 1/ 06; Ord. No. 2006- 16, Repealed and Replaced, 8/ 8/ 06)

Section 18. 84. 030 Minimum Proximity Requirements

No adult- oriented business shall be established or located in any zone in the City other

than in the M- 1 Zone, or within certain distances of certain specified land uses, zones, or roads as set forth below: A. No such business shall be established or located within 1, 000 feet from any existing residential zone or use, park, church, or school. This distance shall be measured as a radius from the primary entrance of the adult- oriented business to the property lines of the property so zoned or used without regard to intervening structures. B. No portion of such business, including any part of a parking lot serving such business, shall be within 200 feet of a road, street or highway with a total of four or more lanes. Ord. No. 2001- 12, Added, 07/ 10/ 01)

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Section 18. 84. 040 Amortization of Legal Nonconforming Adult-Oriented Business Uses

A. Any adult-oriented business which does not conform to the locational criteria set forth in Section 18. 84. 030 of this chapter after the effective date of this ordinance shall be regarded as a nonconforming use which may be continued for a period not to exceed one year from the effective date of this ordinance, unless an extension has been approved by the City Manager in accordance with the provisions of Section 18. 84.050 of this chapter. B. Any adult-oriented business located in any territory annexed to the City shall comply with the provisions of this chapter. If such use is found to be nonconforming to this chapter at the time of annexation, the amortization schedules provided in this section shall begin on the effective date of said annexation. C. The City Manager or his/ her designee shall cause official notification to be sent to the legal property owner of record as it appears on the county tax roll by U. S. registered mail, stating the nonconforming status of such adult-oriented business on the property at least 120 days prior to the expiration of the amortization period. Failure to give notice of the expiration of the amortization period shall not be grounds to prevent an action seeking declaratory and/ or injunctive relief against the owner of the business. If notice of the expiration of the amortization period is not given, any application for an extension of the amortization period, pursuant to Section 18. 84.050 of this chapter, shall not be denied on the grounds that it is untimely. If the operator of such business is different from that of the legal property owner, additional notification shall be sent to the business operator by U. S. registered mail. D. No legal nonconforming adult- oriented business shall expand, enlarge, or modify the area, space or volume occupied or devoted to such nonconforming use, or relocate or convert into another adult use without first securing an adult- oriented business regulatory permit from the City Manager in accordance with Chapter 9. 12 et seq. of the Vista Municipal Code. E. Should any legal nonconforming adult- oriented business cease operation for a period exceeding six consecutive months within the amortization schedule provided in this section, said use shall be deemed to forfeit its legal nonconforming status and shall not be continued or reopened at said location. F. Upon the conclusion of the amortization schedule specified in this section and/ or any extension granted pursuant to Section 18. 84. 050 of this chapter, any legal nonconforming adult- oriented business shall cease all business operation and shall remove all signs, advertising and displays relating to said business within 15 days of City notification. Ord. No. 2001- 12, Added, 07/ 10/ 01; Urgency Ord. No. 2006- 12, Repealed and Replaced, 8/ 1/ 06; Ord. No. 2006- 16, Repealed and Replaced, 8/ 8/ 06)

Section 18. 84. 050 Extension of Time for Termination of Legal Nonconforming Adult- Oriented Business Uses

A. The owner or operator of a nonconforming adult-oriented business use may file

an application with the City Clerk for an extension of the amortization period described in Section 18. 84. 040 of this chapter. In order to secure an extension of time, the owner must submit to the City Clerk a written request for such extension at least 90 days but no more than 180 days prior to the expiration of the amortization provision. No application for extension received after that date shall be considered, except as provided in Section 18. 84. 040C. Such

written request shall state: 1. Whether the owner or operator of the adult-oriented business has timely applied for an adult- oriented business regulatory permit under Chapter 9. 12 et seq. of this code, whether such license has been denied, and, if the license has been denied, on what grounds it was denied;

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2. Whether a previous extension has been requested and granted, as well

as the date of the previous request; and 3. The efforts that will be made to conform by the conclusion of the extended period. B. Within 28 days of receipt of the completed application, the City Manager shall set the matter for a public hearing with notice of such hearing to be made by the City Manager or his/ her designee pursuant to California Government Code Sections 65091 and 65905. C. The hearing officer shall render a written decision on the application for an extension of the amortization period within four City business days of the public hearing required section.by this The failure of the hearing officer to render any decision within the time frames established in any part of this section shall be deemed to constitute an approval allowing for a one year extension, subject to appeal to the City Council, pursuant to Section 18. 04. 150 of this code. The decision of the hearing officer shall be hand delivered or mailed in accordance with the requirements of this code. D. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications. E. In rendering its decision to grant or deny the extension, the hearing officer shall determine whether the adult- oriented business has been provided with a reasonable amortization period commensurate with the financial investment involved. If the hearing officer determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the financial investment involved. The burden shall be on the applicant to establish that an extension should be granted. The hearing officer shall consider the following facts in making its determination: 1. The amount of the adult- oriented business owner' s financial investment, excluding goodwill, in the existing adult-oriented business through the date of passage and approval of this ordinance; 2. The amount of such investment that has been or will be realized through the effective date; 3. The life expectancy of the existing adult- oriented business; 4. Whether any such structures have depreciated below a reasonable salvageable value, taking into consideration the applicable Internal Revenue Service depreciation schedules; 5. The existence or nonexistence of obligations pursuant to any lease, sublease and/ or extensions to that lease or sublease, as well as any contingency clauses therein permitting termination of such lease; 6. The cost of relocating the business to a site conforming with the provisions of this chapter; 7. The ability of the business and/ or land owner to change the use to a conforming use; 8. The date upon which the property owner and/ or business operator received notice of the nonconforming status of the use and the amortization requirements; and 9. The effects on the health, safety and welfare of surrounding businesses and uses if an extension is granted, including any prior incidents of illicit sexual activity at the adult facility. F. The hearing officer's decision shall be in writing, and shall be hand delivered or sent by certified mail to the applicant, and shall be noticed in accordance with the provisions of this code.

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G. Extensions that are granted shall specify a certain date for closure, and shall not

be valid for operation at any other location. If the hearing officer grants the application, the applicant may continue operation until the date specified for closure in the written order granting the extension. H. The decision of the hearing officer shall be final and subject to judicial review pursuant to California Code of Civil Procedure Section 1094. 8. Any applicant or license holder whose license has been denied pursuant to this section shall be afforded prompt judicial review of Civil Procedure Section 1094. 8. Notice of theof that decision as provided by California Code hearing officer' s decision and findings shall include citation to California Code of Civil Procedure Section 1094. 8. Ord. No. 2001- 12, Added, 07/ 10/ 01; Urgency Ord. No. 2006- 12, Repealed and Replaced, 8/ 1/ 06; Ord. No. 2006- 16, Repealed and Replaced, 8/ 8/ 06)

Section 18. 84. 060 Subsequent Location of Sensitive Uses

An adult-oriented business or establishment operating as a conforming use with an

approved adult-oriented business regulatory permit from the City shall not be rendered a nonconforming use by the subsequent location of residential zones, churches, schools, or parks within the Iocational limitations of Section 18. 84. 030. For purposes of this section, a use shall be deemed to be subsequently located if it commences following the date an application for an adult- oriented business regulatory permit is filed pursuant to Section 9. 12. 030. Urgency Ord. No. 2006- 12, Added, 8/ 1/ 06; Ord. No. 2006- 16, Added, 8/ 8/ 06)

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Chapter 18. 86

Requests for Reasonable Accommodations Under the Fair Housing Acts

Sections:

18. 86. 010 Purpose
19. 86. 020 Applicability
20. 86. 030 Application Requirements
21. 86. 040 Review Authority and Procedure
22. 86. 050 Findings and Decision
23. 86. 060 Appeal of Determination
24. 86. 010 Purpose

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act ( the " Acts") in the application of zoning laws and other land use regulations, policies and procedures. Ord. No. 2007- 10, Added, 6/ 26/ 07)

18. 86. 020 Applicability

        A. A request for reasonable accommodation may be made by any person with a

disability, or by an entity acting on behalf of a person or persons with disabilities, to provide or secure equal access to housing when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is: a person who has a physical or mental impairment that limits or substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts. B. A request for reasonable accommodation may include a modification or exception to the rules, standards, development and use of housing or housing- related facilities that would eliminate regulatory barriers and provide a person with a disability with equal of their choice. Requests for reasonable accommodation shall be madeopportunity to housing in the manner prescribed by Section 18. 86.030. C. If a request for reasonable accommodation is granted, the request shall be granted to an individual and shall not run with the land unless it is determined that: ( 1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the code, or (2) the accommodation is to be used by another individual with a disability. Ord. No. 2007- 10, Added, 6/ 26/ 07)

18. 86. 030 Application Requirements

    A request for reasonable accommodation shall be initiated by submitting a completed application form, signed by the property owner or authorized agent, accompanied by the required fee, and the following information submitted in the form of a letter to the City Planner: A. The applicant' s name, address and telephone number.

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B. The street address and assessor' s parcel number of the property for which the request is being made. C. The current actual use of the property. D. The basis for the claim that the individual ( or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities) is considered disabled under the Acts. E. The zoning law, provision, regulation or policy from which reasonable accommodation is being requested. F. Why the requested accommodation is necessary to make the specific property accessible to the individual or group of individuals. G. Credible documentation shall be provided with respect to each element described above so that the City can fully evaluate the application and verify the factual basis underlying the need for the accommodation. The documentation shall be provided in a manner to permit the City to independently make this assessment. Ord. No. 2007- 10, Added, 6/ 26/ 07)

18. 86. 040 Review Authority and Procedure

A. Requests for reasonable accommodation associated with a ministerial land use, building, or similar determination shall be reviewed by the person or authority with responsibility to act on the associated ministerial determination. Such person or authority shall make a written determination within 45 days and either grant, grant with modifications or deny such a request for reasonable accommodation in accordance with Section 18. 86.050. B. Requests for reasonable accommodation associated with a discretionary land use, building, or similar determination shall be reviewed by the person or authority with responsibility to make such determination. Notice and hearing shall be as required for the associated discretionary land use, building, or other determination. Such person or authority shall make a written determination and either grant, grant with modifications or deny such a request for reasonable accommodation in accordance with Section 18. 86. 050. C. Unless waived by the City Planner to satisfy applicable legal standards binding the City, an application for reasonable accommodation must be submitted with and processed concurrently with an application for the associated land use, building, or similar determination, whether such determination is ministerial or discretionary. Such request for reasonable accommodation shall be made on a separate document that is appended to the other application or applications for the associated ministerial or discretionary determinations. The document or pages requesting the reasonable accommodation shall include all of the information required by this chapter and shall be clearly identified as a request for reasonable accommodation. When the City Planner waives the need to submit an application that would ordinarily be associated with a request for reasonable accommodation, the request for reasonable accommodation shall be considered by the person or entity that would ordinarily act on the determination which has been waived, and notice and hearing shall be as required for the determination which has been waived. D. A request for a reasonable accommodation that would waive or modify the notice and hearing requirements of Sections 18. 86. 040B and 18. 86. 040C shall be reviewed by the City Planner. The City Planner shall make a written determination within 15 days and shall either grant, grant with modifications or deny the request in accordance with Section 18. 86. 050. Ord. No. 2007- 10, Added, 6/ 26/ 07)

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18. 86. 050 Findings and Decision

A. The written decision to grant, grant with modifications or deny a request for reasonable accommodation will be consistent with the Acts. The reviewing authority may grant the requested accommodation or grant it with modifications if all of the following findings can be made: 1. The housing which is the subject of the request will be used by an individual or a group of individuals considered disabled under the Acts. 2. The accommodation requested is reasonable and necessary to make specific housing available to the individual or group of individuals with disability or disabilities under the Acts. 3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City. 4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to, land use and zoning. B. In making a decision regarding the reasonableness of the requested accommodation, the evaluation may consider, among other factors, the following: 1. Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit. 2. Whether the requested reasonable accommodation substantially affects the physical attributes of the property or has impacts on surrounding properties that would fundamentally alter a City program or law. 3. In the case of a determination involving a one- family dwelling, whether the household would be considered a single housekeeping unit if it were not using the special services that are required because of the disabilities of the residents. C. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval needed to ensure that the reviewing authority can make the findings required in Subsection A of this section. Conditions may include, but are not limited to, ensuring that any removable structures or physical design features that are constructed or installed in association with a reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants. Ord. No. 2007- 10, Added, 6/ 26/ 07)

18. 86. 060 Appeal of Determination

    The sole means of reviewing the decision of the approving authority ( City Planner or other approving body) to grant, grant with modifications, or deny a request for reasonable accommodation is by filing an appeal of the decision of the Zoning Administrator, City Planner, Planning Commission, or other approving body as provided in this title. Ord. No. 2007- 10, Added, 6/ 26/ 07)

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Chapter 18. 88

Large Family Day Care Homes

Sections:

18. 88. 010 Purpose
19. 88. 020 Definitions
20. 88. 030 Exclusions
21. 88. 040 Permitted Zones
22. 88. 050 Application
23. 88. 060 Review
24. 88. 070 Development and Operational Standards
25. 88. 080 Permit Revocations; Appeals
26. 88. 090 Termination; Suspension, Modification or Revocation

Section 18. 88. 010 Purpose

The purpose of the family day care development regulations is to:
A. Recognize that affordable, quality, licensed day care is critical to both the well-

being of children and parents as well as the economic vitality of the City. B. Provide a comprehensive set of guidelines to ensure that large family day care homes are located and operated to avoid undue impacts involving traffic control, parking, noise, and concentration to assure that these uses can be located in single family zones. C. Enhance provider awareness of City requirements. D. Implement the requirements and procedures of this chapter in furtherance of and consistently with Health and Safety Code, Section 1597. 40. Ord. No. 2008- 26, Enacted, 9/ 9/ 08; Ord. No. 2010- 14, Amended, 7/ 13/ 10)

Section 18. 88. 020 Definitions

For the purposes of this chapter, the terms used herein relating to the provision of family day care services are defined as follows: Administrative Permit" shall mean a permit issued to a person or business entity for the purpose of operating a large family day care home in a single- family dwelling that complies with the standards, restrictions and requirements contained in this Chapter. Child or children" shall mean a person or persons, under 18 years of age being provided care and supervision in a child care facility. Director" shall mean the Community Development Director for the City of Vista or his/ her designee. Large family day care home" shall mean a single-family dwelling which provides family day care for seven to 14 children, including children under the age of ten years who reside at the home as defined in Section 1597.465 of the California Health and Safety Code and as permitted by the licensing agency. Provider" shall mean a person or entity who operates a large family day care home and is licensed by the state to provide child care services. Rear yard" means the area behind the single family dwelling exclusive of side yard areas. Solid barrier wall" means a solid wall or other structure enclosing the rear yard with a height of at least five feet and noise attenuating properties superior to open fencing. State code" means Section 1597. 46 of the California Health and Safety Code.

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Ord. No. 2008- 26, Enacted, 9/ 9/ 08; Ord. No. 2010- 14, Amended, 7/ 13/ 10; Ord. No. 2016- 15, Amended 10/ 11/ 16)

Section 18. 88. 030 Exclusions

The requirements of this chapter do not apply to the following:
A. Any home providing care for the children of only one family in addition to the

provider' s own children. B. Any cooperative arrangement between parents for the care of their children by one or more of the parents where no payment for the care is involved. C. Any arrangement for the receiving and care of children by a relative. D. Any public recreation programs conducted by a public entity specified in and meeting the requirements of Health and Safety Code Section 1596. 792( g); or recreation programs conducted for children by a Boys' Club, a Girls' Club, the Brownies, the Cub/ Boy/ Girl Scouts, the Campfire Girls or similar such organizations as determined by state regulations issued pursuant to Health and Safety Code Section 1596. 793. E. Any public or private schools operating before and after school recreational programs. F. A small family day care home. Ord. No. 2008- 26, Enacted, 9/ 9/ 08; Ord. No. 2010- 14, Amended, 7/ 13/ 10)

Section 18. 88. 040 Permitted Zones

zones: O- R, A- 1, E- 1, Large family day care homes shall be permitted in the following R- 1, R- 1- B, and any portion of specific plan area which is zoned for single family dwellings. Large family day care homes are not permitted outside the listed zones. Ord. No. 2008- 26, Enacted, 9/ 9/ 08; Ord. No. 2010- 14, Amended, 7/ 13/ 10)

Section 18. 88. 050 Application

A. An application for a large family day care home shall be in the form prescribed by

the Director. An application shall be accompanied by: 1. Complete plans and description of the property involved, including any planned physical improvements. Such plans and descriptions may be prepared by hand if the plans and descriptions provide accurate dimensions, designations, and descriptions. 2. Operational hours for the large family day care home. 3. Plan for controlling drop- offs and pick- up of children. B. The application form shall advise applicants of the right to request a fee verification. Upon request, the Zoning Administrator shall provide information regarding fees and the estimated processing times in accordance with state law. Ord. No. 2008- 26, Enacted, 9/ 9/ 08; Ord. No. 2010- 14, Amended, 7/ 13/ 10; Ord. No. 2016- 15, Amended 10/ 11/ 16)

Section 18. 88. 060 Review

A. Upon receipt of a complete application for large family day care, the Zoning

Administrator shall review the application and may obtain recommendations and reports from other city departments as deemed necessary. B. The Zoning Administrator shall issue an administrative permit for a large family day care home if the applicant establishes that each of the following is true:

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1. The large family day care home at the proposed location will satisfy the development and operational standards in Section 18. 88. 070. 2. The proposed location has received a fire department inspection and is approved for occupancy for a large family day care home. C. If an application for an administrative permit is denied, the Zoning Administrator

shall advise the applicant in writing of the reasons and basis for the denial. D. The correspondence conveying the administrative permit shall advise the applicant of development and operational standards set forth under Section 18. 88. 070. E. Within 10 calendar days of the Zoning Administrator' s action on the application, notice of the establishment of a large family day care home shall be sent to all registered owners of property located within 100 feet of the subject property. Ord. No. 2008- 26, Enacted, 9/ 9/ 08; Ord. No. 2010- 14, Amended, 7/ 13/ 10; Ord. No. 2016- 15, Amended, 10/ 11/ 16)

Section 18. 88. 070 Development and Operational Standards

The following minimum standards must be satisfied before an applicant is issued an administrative permit, and at all times that a large family day care is in operation: A. A valid and current day care license issued by the California Department of Social Services shall be secured and maintained. B. To protect adjacent residential dwellings from undue noise impacts: ( 1) outdoor activities shall be restricted to the hours of 8: 00 a. m. to 6: 00 p. m.; and ( 2) the large family day care home shall be subject to the City' s noise ordinance. C. To accommodate street traffic and to ensure that children are not placed at risk during drop-off and pick- up, there shall be a minimum of two on- street parking spaces adjacent to the large family day care home. D. To minimize the congregation of vehicles engaged in drop-offs and pick- ups, a period of at least thirty minutes must separate the end of one session and the start of a following session. E. The large family day care home shall be the principal residence of the day care provider, and the use shall be clearly incidental and secondary to the primary use of the property as a residence. F. In order to maintain the integrity of residential neighborhoods, large family day care homes shall not be located closer than three hundred feet from an existing state-licensed large family day care home, measured from the closest point of the lot line. G. To minimize adverse parking impacts on the neighborhood, all spaces within a garage at the large family day care shall be used, or kept open for use, by the owners, residents, employees and/ or visitors of the large family day care during all periods that the large family day care operates. Ord. No. 2008- 26, Enacted, 9/ 9/ 08; Ord. No. 2010- 14, Amended, 7/ 13/ 10; Ord. No. 2016- 15, Amended, 10/ 11/ 16)

Section 18. 88. 080 Permit Revocations; Appeals

A. In the event a decision to deny, suspend, or revoke an administrative permit is

made by the Zoning Administrator, the applicant or permittee shall have the right to appeal the decision to the director within ten calendar days of the date of the written decision. A written notice of appeal shall be timely filed by the permit holder with the director using a form prepared by the applicant or permit holder. The appeal shall be signed by the applicant or permit holder, state the matter being appealed, describe the result sought, and present all reasons and facts along with supportive evidence) for the outcome sought. Upon receipt of an appeal, the

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director shall set the matter for review within fifteen calendar days of the filing of said notice of appeal. Written rules for the review shall be shared, and may provide that the review will occur without oral testimony and will consider only written submissions made in advance of the review. Notice may be given by either personal delivery to the applicant, or by registered mail to the location of the large family day care. B. Within ten calendar days of the review, the director shall provide a written determination to the appellant either granting or denying the relief sought on appeal, and presenting the evidence and reasons on which the decision was based. The decision of the director is final and may not be appealed. Ord. No. 2008- 26, Enacted, 9/ 9/ 08; Ord. No. 2010- 14, Amended, 7/ 13/ 10; Ord. No. 2016- 15, Amended, 10/ 11/ 16)

Section 18. 88. 090 Termination; Suspension, Modification or Revocation

permit issued pursuant to this Chapter shall terminate upon the earlier of: ( 1) A. Any

the cessation of operation of a large family day care home for a period of six months, without any prior notice to the owner; ( 2) the sale of the property used for the large family day care home when the owner of the property also operates the large family day care home; or ( 3) expiration of the large family day care license issued by the California Department of Social Services. B. Upon written notice to the permit holder, the Zoning Administrator may suspend or revoke a permit issued pursuant to this Chapter ( subject to appeal rights) if the large family day care home has been conducted in a manner contrary to the requirements of this Chapter. Ord. No. 2008- 26, Enacted, 9/ 9/ 08; Ord. No. 2010- 14, Amended, 7/ 13/ 10, Ord. No. 2016- 15, Amended, 10/ 11/ 16)

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Chapter 18. 90

Residential Density Bonus Ordinance

Sections:

18. 90. 010 Purpose and Intent
19. 90. 020 Definitions
20. 90. 030 Eligibility to Receive Density Bonuses and Concessions and/or Waivers
21. 90. 040 Amount of Density Bonus
22. 90. 050 Incentives and Concessions and/ or Waiver or Reduction of Development Standards
23. 90. 060 Supplemental Density Bonuses and Concessions
24. 90. 070 Application Process
25. 90. 080 Decision, Findings, Conditions
26. 90. 090 Fees and Cost Reimbursements
27. 90. 100 Regulation, Parking, Interpretation, Enforcement

Section 18. 90. 010 Purpose and Intent

This chapter implements Government Code Section 65915 et seq. by providing incentives to developers who produce housing for senior households and households with extremely low, very low, low, or moderate incomes. It is intended that density bonuses and concessions provided pursuant to this chapter are consistent with State Density Bonus Law. Ord. No. 2009- 16, Enacted, 8/ 11/ 09; Ord. No. 2022- 17, Amended, 10/ 04/ 22)

Section 18. 90.020 Definitions

The following terms, when used in this chapter, shall have the meanings set forth below: Adjusted for Family Size Appropriate for the Unit" shall mean for a household of

one person in the case of a studio unit, two persons in the case of a one- bedroom unit, three persons in the case of a two- bedroom unit, four persons in the case of a three- bedroom unit, and five persons in the case of a four- bedroom unit. ( Health and Safety Code Section 50052. 5( h)). Affordability Period" means a period of time during which an affordable unit shall be occupied by an eligible household and made available at an affordable rent or affordable sales price. Privately or publicly financed projects that receive a density bonus from the City shall maintain the availability of the designated lower- income rental units for a minimum of 55 years. Privately financed projects that receive a density bonus from the City and include for-sale units shall maintain the availability of any lower- income or moderate- income units for a minimum of 45 years. Affordable Rent" means monthly housing rent, including utilities and all fees for housing services ( calculated in accordance with Health and Safety Code Section 50053 and 25 CCR Section 6918), which does not exceed the following: A. For extremely low income households: 30 percent of 30 percent of the area median income for county, adjusted for family size appropriate for the unit, divided by 12. B. For very low income households: 30 percent of 50 percent of the area median income for county, adjusted for family size appropriate for the unit, divided by 12. C. For lower-income households: 30 percent of 60 percent of the area median income for county, adjusted for family size appropriate for the unit, divided by 12. In addition,

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for those lower income households with gross incomes that exceed 60 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of gross income of the household. D. For moderate- income households, the product of 30 percent of 110 percent of the area median income adjusted for family size appropriate for the unit. In addition, for those moderate- income households whose gross incomes exceed 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of gross income of the household. Affordable Housing Cost" means average monthly housing costs during the first calendar year of a household' s occupancy ( calculated in accordance with Health and Safety Code Section 50052. 5 and 25 CCR Section 6920), including mortgage payments, property taxes, homeowner' s insurance, and homeowners association dues, if any, which do not exceed: A. For extremely low income households: 30 percent of 30 percent of the area median income, adjusted for family size appropriate for the unit, divided by 12. B. For very low income households: 30 percent of 50 percent of the area median income, adjusted for family size appropriate for the unit, divided by 12. C. For lower income households: 30 percent of 70 percent of the area median income adjusted for family size appropriate for the unit, divided by 12. In addition, for any lower income household that has a gross income that equals or exceeds 70 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household. For moderate income households: affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent of 110 percent of the area median income adjusted for family size appropriate for the unit, divided by 12. It shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35 percent of the gross income of the household. " Affordable Unit" means a dwelling unit within a residential development, which will be reserved for sale or rent to extremely low, very low, low, or moderate income households at an affordable sales price or affordable rents in a manner to qualify the residential development for a density bonus under this chapter.. Area Median Income" means area median income for San Diego County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision. Child Care Facility" means a child day care facility, other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child day care centers. Common Interest Development" means housing that qualifies as a common interest development under Section 1351 of the Civil Code provided that all units in the development are offered to the public for purchase. Concession" means a concession or an incentive, as more particularly described in Government Code Section 65915( d)( 1), which will result in financially sufficient and identifiable cost reductions designed to facilitate the provision of density bonus units or a qualified day care facility. Such concessions can include, among other things, a reduction in the site development standards or zoning requirements, approval of mixed use zoning under the conditions set forth

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in Section 65915( 1), and other regulatory incentives or concessions. The City may grant, but is not required to, as a concession or incentive, the provision of public land, a waiver of fees, a waiver of dedication requirements, or direct financial incentives for the housing development. County" means the County of San Diego. Density Bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and Land Use Element of the General Plan as of the date of the application, as granted under this chapter, and is in accordance with the affordability levels proposed in the project, consistent with density bonus law provisions contained in Planning and Zoning Sections 65915- 6591 of the State Government Code. Density Bonus Regulations" means regulations adopted by the City Manager, or designee, establishing administrative guidance to implement State Density Bonus Law and this chapter which are not in conflict with the provisions or purposes of such legal authorities. Density Bonus Units" means those units that are built due to a grant of a density bonus and which exceed the otherwise maximum allowable residential density for the development site. Dwelling Unit" means a dwelling designed and intended for residential occupancy by one household. Eligible Household" means a household that satisfies the size and income requirements applicable to an affordable unit. Eligible Residential Development" means a development listed in paragraph A of Section 18. 90. 030 and which has an entitlement to a density bonus under State Density Bonus Law. Extremely Low Income Household" means households whose income does not exceed the extremely low income limits applicable to the county, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. Housing Development" means residential units constructed in the city for sale or rent consisting of a minimum of five units prior to a density bonus. For purposes of this chapter, housing development" also includes a subdivision, planned unit development, or condominium project, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation and conversion of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of residential units. Lower Income Household" means households whose income does not exceed the lower income limits applicable to county, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079. 5 of the California Health and Safety Code. Major Transit Stop" means a site included in the applicable regional transportation plan containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods pursuant to Section 21064. 3 of the California Public Resources Code. Maximum Allowable Residential Density" means the maximum density allowed for a particular development based on the combined regulatory constraints imposed by the City's Development Code and Land Use Element, or if a range of density is permitted, the maximum allowable density for the specific range applicable to the site. In determining maximum allowable residential density, conditions particular to the site shall be considered which affect the density of a development, such as the presence of wetlands, open space easements, protected habitat, and the like. In no event shall the maximum allowable residential density provided by this definition be applied to a development project in a way to produce a lower

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density than the minimum, which would be required by Section 65915 of the Government Code. Mandated Operating Period" means a period of at least 55 years during which the affordable units, the qualified child care facility, or the senior citizen housing development is operated in accordance with the requirements of State Density Bonus Law and this chapter. Moderate Income Household" means households whose income does not exceed the moderate income limits applicable to county, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code. Paratransit Services" means a transportation option for those individuals with specific disabilities who are unable to use the fixed- route bus or rail system serving their location, and these services are flexible in their scheduling and routing, allowing them to accommodate the specific needs of their riders. As defined by the American Disabilities Act ADA), a disability is a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. Qualified Day Care Facility" means a day care facility which: ( 1) is located in or adjacent to a housing development that has dwelling units reserved for very low, low, or moderate income households in satisfaction of this chapter; ( 2) serves children from very low, low, or moderate income households ( as applicable) in a percentage equaling the percentage of restricted units reserved for that income category within the housing development; and ( 3) is subject to a recorded child care regulatory agreement requiring operation of the day care facility for a period that at least equals the affordability period. For example, if ten percent of the units are reserved for low income households, at least ten percent of the space in the day care facility must be reserved for children from low income households. Qualifying Land Dedication" means a donation of land which: ( 1) is at least one acre in size and sufficient to permit development of at least 40 units; ( 2) is within the boundaries of the proposed development to receive the density bonus; ( 3) is sufficiently large to accommodate construction of units affordable to very low income households in an amount equal or greater than ten percent of the number of residential units in the development receiving the density bonus; ( 4) does not require a change in the zoning or General Plan to accommodate the affordable development or to render it financially feasible; ( 5) will be served by adequate public facilities or infrastructure; ( 6) will be transferred to the City or its designee at the City's choosing) after developer has secured all permits and approvals required for the affordable development (with the exception of building permits); ( 7) will be accomplished prior to the approval of a final map or approval of the development receiving the density bonus; ( 8) will be subject to an agreement, to be recorded concurrently with or prior to transfer, guarantying construction and operation of the affordable units in compliance with the requirements of State Density Bonus Law and this chapter; and ( 9) otherwise satisfies the requirements of State Density Bonus Law, Section 65915 of the Government Code, and this chapter. In its discretion, the City may: ( a) require that the party making the land dedication secure a developer acceptable to the City willing to build the affordable project within the proposed budget; and ( b) waive the requirement set forth in clause if the land to be dedicated is within one-quarter mile of the development that will receive the density bonus. In determining whether the development is financially feasible pursuant to clause, the City shall consider the costs of development, projected revenues and other factors typically considered in determining whether a development provides a rate of return typically required by developers. Grants and subsidies from the government or third parties shall not be considered in this calculation, unless the developer provides adequate security to substitute for the grant or subsidy in the

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event that it is not actually contributed to the affordable units. Required Entitlements" means all discretionary approvals, permits, licenses, zoning amendments, or other actions that must be authorized, granted, or approved by the City including its City Council, commissions, officers, and employees) for the proposed housing development to be fully approved by the City in the manner presented in the density bonus application. Required entitlements can include, among other approvals, zoning amendments, tentative maps, parcel maps, site development plans, special use permits, environmental approvals, and the like. Regulatory Agreement" means an agreement that is recorded against the relevant property and which binds the owner's successors and assigns, including the following provisions: A. Provisions Common to All Regulatory Agreements. Except as provided below, the agreement shall: ( 1) bind the relevant property or properties for a period equaling or exceeding the mandated operating period; ( 2) require compliance with the terms of State Density Bonus Law, this chapter, and all other applicable statues, ordinances, regulations and covenants running with the land; ( 3) provide the City with reports, monitoring procedures, and enforcement methods ( including legal actions permitting the recovery of attorney fees) to assure compliance with the preceding obligations; (4) provide reimbursement to the City for its expenses whether those expenses arise on a recurring or nonrecurring basis; and ( 5) create other requirements to protect neighborhood and the public interest which do not impair the intent or purposes of this chapter or State Density Bonus Law. Notwithstanding the foregoing, the regulatory agreement shall control an affordable condominium unit reserved for moderate income households only until the initial sale of the condominium unit occurs, provided all applicable equity sharing and similar legal obligations imposed by Government Code Section 65915 are satisfied. B. Developments with Affordable Units. The agreement shall: ( 1) set forth the number of affordable units, their size, location, and production schedule; ( 2) require that affordable units be made available to eligible households at an affordable rent or affordable housing cost based on household size appropriate for the affordable unit; ( 3) prohibit an eligible household from renting or subletting an affordable unit; ( 4) limit sales of units reserved for low and very low income households to affordable sales made to eligible households ( until the mandated operating period lapses); ( 5) control for sales of moderate income condominiums to provide the City with a share of the sale proceeds to achieve the equity- sharing arrangement required by Government Code Section 65915(c)(2); and ( 6) place a deed of trust on the affordable for-sale units to assure that the City obtains any required equity- sharing payment and, for other for sale units, to place a deed of trust to secure performance of all obligations imposed by this chapter and State Density Bonus Law. C. Developments with Qualifying Land Dedications. The agreement shall: ( 1) assure that the applicant has proposed a development for very low income households that will provide sufficient affordable units to satisfy the applicable density bonus requirements; ( 2) guarantee that all permits and plans required for development have received full approval, with the exception of building permits; ( 3) require that a qualified contractor, acceptable to the City, has committed to build the development at the cost proposed by the applicant; ( 4) establish, upon the construction of the project, controls for the affordable units satisfying paragraphs A and B above; and ( 5) require that the units, once constructed, shall be used ( for the mandated operating period) to provide affordable very low income housing. D. Senior Citizen Housing Developments. The agreement shall assure that the development is operated in accordance with Sections 51. 3 and 51. 12 of the Civil Code, or if

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the development is a mobile home park, that it operates in accordance with Section 798.76 or 799. 5 of the Civil Code. E. Developments with Qualified Child Care Facilities. The agreement shall: ( 1) require that the facility provide care for children of very low, low, or moderate income households as required to satisfy Government Code Section 65915( i); and ( 2) provide financial or other guarantees to assure the continued operation of the day care facility during the mandated operating period. Senior Citizen Housing Development" means a housing development of at least 35 dwelling units with the characteristics described in Sections 51. 3 and 51. 12 of the Civil Code for persons of 55 years of age or older, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799. 5 of the Civil Code. Specific Adverse Impact" means a " specific adverse impact" as defined in Section of the Government Code which cannot be satisfactorily mitigated without rendering the development unaffordable to very low, low and moderate income households, as applicable. State Density Bonus Law" means Sections 65915 through 65918 of the California Government Code. Substantial Rehabilitation" means the rehabilitation of dwelling units including correction of code violations, Title 24 upgrades, seismic rehabilitation ( where appropriate) and accessibility upgrades such that the unit is returned to the City' s housing supply as decent, safe and sanitary housing. The minimum cost threshold for substantial rehabilitation is $ 40, 000 per unit, which shall be adjusted each calendar year, beginning in 2010, to account for the cumulative change in the Consumer Price Index published for the County of San Diego, or if such index is no longer published, such equivalent index as shall be selected by the Director of Community Development. Very Low Income Household" means households whose income does not exceed the very low income limits applicable to county, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. Waiver or Reduction of Development Standards" means a request made by a project applicant to waive or reduce development standards that would prevent the project from being built at the density permitted by the requested density bonus and with the granted concessions/ incentives. Ord. No. 2009- 16, Enacted, 8/ 11/ 09; Ord. No. 2017- 17, Amended, 10/ 24/ 17; Ord. No. 2022- 17, Amended, 10/ 04/ 22)

Section 18. 90.030 Eligibility to Receive Density Bonuses and Concessions and/ or Waivers

A. Eligible Developments. A housing development with at least five dwelling units is eligible to receive a density bonus and/ or concession if it satisfies one of the following requirements: 1. At least ten percent of the total for-sale or rental dwelling units, prior to the grant of the density bonus, are reserved for lower income households. 2. At least five percent of the total for-sale or rental dwelling units, prior to the grant of the density bonus, are reserved for very low income households. 3. The development qualifies as a for-sale development and at least ten percent of the total dwelling units, prior to the grant of a density bonus, are reserved for

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moderate income households, provided that all units in the development are offered to the public for purchase. 4. As further described in Government Code Section 65915. 5, the development is a condominium conversion and: ( a) at least 15 percent of the total dwelling units are reserved for lower income households; or ( b) at least 33 percent of the total dwelling units are reserved for low or moderate income households. 5. The development is a senior citizen housing development of at least 35 units ( no affordable units required). 6. The project is a mobile home park age- restricted to senior citizens ( no affordable units required). 7. As further described in Government Code Section 65915( g)( 2), the development provides a qualifying land dedication at least one acre of land to the city or county for very low- income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing. 8. 100% of the housing units ( other than manager's units) are restricted to moderate). very low, lower and moderate- income residents ( with a maximum of 20% 9. As further described in Government Code Section 65915( b)( 1)( E), at least 10% of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low- income level. 10. As further described in Government Code Section 65915( b)( 1)( F), at least 20% of the housing units are for low-income college students in housing dedicated for full- time students at accredited colleges. B. Categorization of Project. The applicant who requests a density bonus shall elect one of the above categories to be used in calculating available density bonuses and concessions. The selection shall be identified in the initial application to the City. Ord. No. 2009- 16, Enacted, 8/ 11/ 09; Ord. No. 2022- 17, Amended, 10/ 04/ 22)

Section 18. 90. 040 Amount of Density Bonus

A. General. Eligible projects shall receive density bonuses commensurate with the number of dedicated affordable units proposed in the housing development consistent with state Density Bonus Law as noted in Section 18. 90. 030. A. The City's website shall provide the most current density bonus regulations setting forth authorized density bonuses based on project type. B. Aggregation Rules. The density bonus available to an eligible residential project listed in Section 18.90. 030.A may be aggregated with the density bonus available for providing a qualifying land dedication, but may not exceed 35 percent. C. Maximum Allowable Residential Density. When the zoning ordinance sets a maximum density for different zoning categories, the maximum allowable residential density for the project will be the maximum number of dwelling units that can be legally established on a project site under the applicable zoning and General Plan, after taking into account all characteristics particular to the site. That number would then be increased by the applicable density bonus percentage and rounded upwards if the resulting number is not a whole number. In no event shall the maximum allowable residential density provided by this definition be applied to a development project in a way to produce a lower density than the minimum, which would be required by Section 65915 of the Government Code. D. Regulatory Agreement. A regulatory agreement shall be recorded against any property receiving a density bonus or which will provide affordable housing pursuant to this chapter. The agreement shall be recorded at the earliest time possible, but in all events, prior

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to issuing a building permit, or in the case of subdivisions, prior to approving a final map. Ord. No. 2009- 16, Enacted, 8/ 11/ 09; Ord No. 2022- 17, Amended 10/ 04/ 22)

Section 18. 90.050 Incentives and Concessions and/ or Waiver or Reduction of Development Standards

or Concessions. Eligible residential A. Calculating Number of Incentives developments applying for a density bonus shall receive specific incentives or concession( s) in a number to satisfy the minimum requirements of State Density Bonus Law, unless the applicant agrees to a lesser number or the City makes the findings to deny the concessions in accordance with Section 18. 90. 080. B. A qualifying project shall be entitled to one, two, three, or four incentives depending on their proposed levels of affordability, as allowed by Government Code Section 65915, in addition to the density bonus allowed as follows: 1. One Incentive or concession — Projects with 5% very low, 10% low, or 10% moderate income households; and student housing projects with 20% low- income units. 2. Two Incentives or concessions — Projects with 10% very low, 17% low, or 20% moderate income households. 3. Three Incentives or concessions — Projects with 15% very low, 24% low, or 30% moderate income households. 4. Four Incentives or concessions — Projects with 100% very-low, low-, and moderate- income households, exclusive of the manager's unit or units. Up to a 20% maximum of the total units in the development, including total units and density bonus units, may be for moderate income households. If the project is located within one- half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet. 5. One Incentive or concession — Projects that include at least 20 percent of the total unit for lower income students in a student housing development. B. Types of Available Incentives or Concessions. A qualifying project may request available incentives in addition to the density bonus from the following categories: 1. A reduction in the site development standards of this Development Code e. g., site coverage, building height, off-street parking requirements that are less than those specified in Section 18. 90. 100. 13, reduced lot dimensions, and/or setback requirements); 2. Approval of mixed- use zoning not otherwise allowed by this Development Code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the project will be located; and/ or 3. Other regulatory incentives or concessions proposed by the developer or the City that will result in identifiable and actual cost reductions. C. Select Projects; Concessions Unavailable. Concessions shall not be provided to: ( 1) senior citizen housing developments with no affordable units; or ( 2) a development which obtains its entire density bonus entitlement through a qualifying land dedication. D. Additional Incentives or Concessions. Notwithstanding any other provision of this code, additional concessions may be granted beyond those permitted by paragraphs A and B under any of the following circumstances: ( 1) the housing development is subject to a contract with the Community Development Commission of the City of Vista; ( 2) the contract authorizes the land owner or developer to request City approval of such additional concessions; ( 3) the grant of the additional concession( s) is required to render the affordable housing feasible; and ( 4) the City affirmatively determines that approval of the additional

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concession is required to advance the interests of the community and can occur without any adverse impact. E. Waiver or Reduction of Development Standards. If a City development standard would physically prevent the project from being built at the density permitted by the requested density bonus and with the granted concessions/ incentives, the developer may propose to have those standards waived or reduced. The City is not permitted to apply any development standard which physically precludes the project at the density permitted by the requested density bonus and with the granted concessions/ incentives. A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled to per Section 18. 90. 050. 13 above. F. Regulatory Agreement. A regulatory agreement shall be recorded against any property receiving a concession or waiver or reduction of development standards pursuant to this chapter. The agreement shall be recorded at the earliest time possible, but in all events, prior to issuing a building permit, or in the case of subdivisions, prior to approving a final map. Ord. No. 2009- 16, Enacted, 8/ 11/ 09; Ord. No. 2022- 17, Amended, 10/ 04/ 22)

Section 18. 90. 060 Supplemental Density Bonuses and Concessions

A. Child Care Facilities. 1. In accordance with Government Code Section 65915( h), an eligible project shall receive an additional density bonus or an additional concession if it provides a qualified day care facility. 2. The City shall decide whether it provides an additional density bonus or an additional concession pursuant to this section. If an additional density bonus is provided, the additional residential area shall equal the square footage of the qualified child care facility. If a concession is provided, it shall contribute significantly to the economic feasibility of the construction of the qualified child care facility. 3. The City shall not be obligated to grant the additional density bonus or provide an additional concession if it finds, pursuant to Government Code Section 65915( h), that the City has adequate child care facilities. 4. A regulatory agreement shall be recorded against any property receiving a density bonus by requiring the operation of the qualified day care facility for a period equal or exceeding the affordability period. The agreement shall be recorded at the earliest time possible, but in all events, prior to issuing a building permit, or in the case of subdivisions, prior to approving a final map. B. Projects with Qualifying Land Dedications. 1. A project that qualifies for a density bonus pursuant to Section 18. 90.030.A. 1- 3, 5- 6 and 8- 10 can receive a supplemental density bonus by providing a qualifying land dedication. The amount of the supplemental density bonus shall be determined in accordance with Government Code Section 65915( g), provided that the aggregate density bonus shall not exceed 35 percent. 2. A regulatory agreement shall be recorded against any property receiving a supplemental density bonus or which will be used to provide affordable housing. The agreement shall be recorded at the earliest time possible, but in all events, prior to issuing a building permit, or in the case of subdivisions, prior to approving a final map. Ord. No. 2009- 16, Enacted, 8/ 11/ 09; Ord. No. 2022- 17, Amended, 10/ 04/ 22)

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Section 18. 90. 070 Application Process

A. General. The granting of a density bonus or concession pursuant to this chapter, shall not be interpreted, in and of itself, to require an amendment of the General Plan, a specific plan, a zoning ordinance, or the Development Code. Any application processed pursuant to this chapter, shall be reviewed by the Planning Commission concurrently with any other development approval, subject to appeal to the City Council. B. Preliminary Application. Unless waived by the City Planner or designee, a preliminary application shall be submitted prior to the submittal of any formal development application for a housing project that includes a request for a density bonus and/ or a concession. The preliminary application should include the following information: 1. A brief description of the proposal including the total number of units prior to the grant of a density bonus, the number of density bonus units, and the number of affordable units. 2. The zoning and General Plan designations and assessor's parcel number(s) for the project site. 3. A site plan, drawn to scale, which includes building footprints, driveway and parking layout, existing topographic contours, and proposed grading. 4. A letter identifying what specific density bonus, and/or concessions are being requested and the basis on which the project qualifies for a density bonus. 5. The City Planner shall provide to an applicant/developer, a letter that identifies project issues of concern and the procedures for compliance with this chapter. Prior to submission of the formal application, the applicant shall discuss the preliminary application with the City Planner or his designee, unless the requirement is waived. At the meeting, the applicant and City Planner shall discuss how the proposed project can be designed ( including any requested incentives or concessions and/ or waivers) to promote the objectives of this chapter while also serving the interests of the immediately surrounding community. C. Formal Application. A density bonus application shall be processed and heard concurrently with applications for the project's other required entitlements. 1. The following information shall be included with the development application( s) required for the project: a. A legal description of the total site proposed for development of the affordable units including a statement of present ownership and present and proposed zoning. b. A letter signed by the applicant stating the specific density bonus, incentives, or concessions ( e. g., standards modifications, additional density bonus, or fee waiver, etc.) are being requested from the City. C. A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities, or other social or community service facilities. d. Site plans, designating the total number of units proposed on the site, including the number and location of affordable and density bonus dwelling units, and supporting plans per the application submittal requirements. e. The applicant shall provide reasonable documentation to establish eligibility for a requested density bonus, invicentives or concessions, or waivers or reductions of development standards. Documentation in relation to incentives or concessions shall substantiate that the incentive or concession will result in identifiable and actual cost

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reductions for the project. Documentation in relation to waivers or reductions of development standards shall substantiate that the development standard if not waived or reduced will have the effect of precluding the construction of the development at the density bonus densities ( or with the concessions or incentives permitted by this chapter). f. Such other information as may be reasonably required by the City to evaluate the application, including additional requirements that are needed to evaluate projects offering qualifying land dedications. Ord. No. 2009- 16, Enacted, 8/ 11/ 09; Ord. No. 2022- 17, Amended, 10/ 04/ 22)

Section 18. 90. 080 Decision, Findings, Conditions

A. Action on Density Bonus. If the required entitlements for the housing project are approved, the density bonus shall also be approved. B. Action on Concessions. If the required entitlements for the housing project are approved, the requested concessions or incentives shall also be approved unless one of the following findings is made: ( 1) the concession is not required in order to provide density bonus units at an affordable rent or an affordable housing cost, as applicable; ( 2) the concession would have a specific adverse impact on the public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate- income households; or ( 3) the concession would be contrary to state or federal law. C. Action on Waivers. If the required entitlements for the housing project are approved, the requested waiver or reduction of development standards shall also be approved unless one of the following findings is made: ( 1) the waiver or reduction of development standards would have a specific, adverse impact upon health and safety, as defined by Government Code Section 65589. 5( d)( 2), and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; ( 2) the waiver or reduction of development standards would have a specific adverse impact on any real property listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate- income households; or ( 3) the concession or incentive would be contrary to state or federal law. D. Conditions. Any density bonus application approved under this chapter shall include all conditions which are determined to be useful or helpful in promoting the goals and purposes of State Density Bonus Law, this chapter and the density bonus regulations. Ord. No. 2009- 16, Enacted, 8/ 11/ 09; Ord. No. 2022- 17, Amended, 10/ 04/ 22)

Section 18. 90. 090 Fees and Cost Reimbursements

A. Application Fees. The City Council may establish by resolution, fees to be paid by the applicant to defray the City's cost of reviewing density bonus applications and preparing density bonus housing agreements. B. Cost Reimbursements. The City may charge fees to recover any and all costs associated with administering the programs required by this chapter and in performing the functions associated with regulatory agreements. This includes: ( 1) recovering from the applicant ( by advance or reimbursement) the cost of engaging financial or other consultants to review reasonable documentation submitted by an applicant as part of an application review or to evaluate identifiable and actual cost reductions for the project; ( 2) the costs of reviewing

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reports and monitoring projects with affordable rental units, child care facilities, or qualifying land dedications; ( 3) the cost of reviewing documents associated with the sale of affordable units and taking related actions; and ( 4) reimbursement, pursuant to Government Code Section 65915. 5, of the City's reasonably necessary administrative costs relating to condominium conversions. Ord. No. 2009- 16, Enacted, 8/ 11/ 09; Ord No. 2022- 17, Amended 10/ 04/ 22)

Section 18. 90. 100 Regulations, Parking, Interpretation, Enforcement

A. Density Bonus Regulations. The City Manager shall prepare rules and procedures to implement and explain the operation of this chapter. B. Parking. Upon submittal of a request to relax parking requirements prior to the application being deemed complete, the City shall not require parking, inclusive of accessible and guest parking, that exceed the following ratios per Government Code Section 65915( p): 1. Studio to one- bedroom: one parking space per unit. 2. Two to three bedrooms: one and one- half parking spaces per unit. 3. Four or more bedrooms: two and one- half parking spaces per unit. a. If total parking calculations result in a number other than a whole number, then parking calculations shall be rounded up to the nearest whole number. b. Requesting these parking standards does not count as an incentive or concession. C. An applicant may request additional parking incentives beyond those included in this section. d. Onsite spaces may be provided through tandem or uncovered parking, but not on- street parking. C. Special Parking Requirements. As further described in Government Code Section 65915( p), lower parking ratios apply to specified projects ( although the City may require higher parking ratios if supported by a specified parking study):

Project Type Parking
Spaces
Required

spaces Rental/ for sale projects with at least 11% very low income or 0. 5 20% lower income units within '/ 2 mile of an accessible major per unit transit stop spaces For sale projects with at least 40% moderate income units 0. 5 within '/ 2 mile of an accessible major transit stop per bedroom 2 0 spaces Rental projects 100% affordable to lower income within '/ mile of an accessible major transit stop per unit Rental senior projects 100% affordable to lower income 0 spaces households, either with paratransit service or within '/ 2 mile of per unit an accessible bus route ( operating at least 8 times per day) Rental special needs projects 100% affordable to lower 0 spaces income households, either with paratransit service or within per unit 2 mile of an accessible bus route ( operating at least 8 times per day) Rental supportive housing developments 100% affordable to 0 spaces lower income households er unit

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D. Automatic Incorporation of State Density Bonus Law Amendments. This chapter implements Government Code Sections 65915- 65918. In the event that these sections are amended, those amended provisions shall be incorporated into this chapter. Should any inconsistencies exist between the amended State Density Bonus Law and the provisions set forth herein, State Density Bonus Law shall prevail. Until the code is formally amended to eliminate any such inconsistencies, the City Planner shall maintain an explanation of all such amendments which shall be distributed with on as part of the density bonus regulations. E. Interpretation. This chapter and the density bonus regulations are to be construed and applied by the City staff and City officers in a manner that avoid conflicts with other applicable laws, including State Density Bonus Law. No provision of this chapter or the density bonus regulations shall be applied if it would result in a violation of state or federal law. Further, no provision of the regulations shall be applied in a manner that conflicts with the lawful provisions of this chapter. Enforcement. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny, or suspend any permit or development approval. Ord. No. 2009- 16, Enacted, 8/ 11/ 09; Ord. No. 2022- 17, Amended, 10/ 04/ 22)

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Chapter 18. 92

New and Substantially Changed
Wireless Communication Facilities

Sections:

18. 92. 010 Legislative Intent
19. 92. 020 Definitions
20. 92. 030 Applicability
21. 92. 040 Permits Required
22. 92. 050 Permit Applications
23. 92. 060 Decisions
24. 92. 070 Site Location Guidelines
25. 92. 080 Design Standards
26. 92. 090 Standard Conditions of Approval
27. 92. 100 Amortization of Nonconforming Wireless Facilities
28. 92. 110 Temporary Wireless Facilities
29. 92. 120 Compliance Obligations

Section 18. 92. 010 Legislative Intent

A. The City of Vista intends this Chapter to establish reasonable and uniform standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the City' s territorial boundaries, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this Chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, advanced wireless services with the City' s local values, which include without limitation the aesthetic character of the City, its neighborhoods and community. B. This Chapter is not intended to, nor shall it be interpreted or applied to: ( 1) prohibit or effectively prohibit any personal wireless service provider' s ability to provide personal wireless services; ( 2) prohibit or effectively prohibit any entity' s ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights- of- way management; ( 3) unreasonably discriminate among providers of equivalent services; (functionally 4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission' s regulations concerning such emissions; ( 5) prohibit any collocation or modification that the City may not deny under federal or California state law; or (6) otherwise authorize the City to preempt any applicable federal or California state law. Ord. No. 2017- 6, Added, 5/ 9/ 17)

Section 18. 92. 020 Definitions

The abbreviations, phrases, terms and words in this Chapter will have the meanings

assigned to them in this Section 18. 92. 020 or, as may be appropriate, in Chapter 18. 02 ( Purpose, Interpretation and Definitions), as may be amended from time to time, unless context indicates otherwise. Undefined phrases, terms or words in this section will have the meanings assigned to them in 47 U. S. C. § 702, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or

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word in this section conflicts with any federal or state- mandated definition, the federal or state- mandated definition will control. Approval Authority" means the commission, board or official responsible for review of permit applications and vested with the authority to approve or deny such applications. The approval authority for a project which requires a minor use permit or administrative temporary use permit refers to the Zoning Administrator. The approval authority for a project which requires a special use permit refers to the Planning Commission. as Base Station" means the same as defined by the FCC in 47 C. F. R. § 1. 40001( b)( 1), may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC- licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C. F. R. §

1. 40001( b)( 9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration ( including distributed antenna systems and small- cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in 47 C. F. R. § 1. 40001( b)( 1)( i)-( ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in 47 C. F. R. § 1. 40001( b)( 1)( i)-( ii). Collocation" means the same as defined by the FCC in 47 C. F. R. § 1. 40001( b)( 2), as

may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/ or receiving radio frequency signals for communications purposes. As an illustration and not a limitation, the FCC' s definition effectively means " to add" and does not necessarily refer to more than one wireless facility installed at a single site. Completely Stealth" means concealment techniques that completely screen all transmission equipment from public view and integrate the transmission equipment with the surrounding natural and/ or built environment such that, given the particular context, the average, untrained observer does not recognize the existence of the wireless facility and concealment technique. Stealth concealment techniques include, but are not limited to: ( 1) transmission equipment placed completely within existing architectural features such that the installation causes no visible change to the underlying structure and ( 2) new architectural features that mimic the underlying building in architectural style, physical proportion and quality of construction materials. Architectural features commonly used as stealth concealment include, but are not limited to, church steeples, cupolas, bell towers, clock towers, pitched faux- roofs, water tanks and flagpoles. Further, whether a wireless facility qualifies as a stealth facility depends on the context that exists at a given location and is evaluated on a case- by-case basis. CPCN" means a " Certificate of Public Convenience and Necessity" granted by the CPUC appointed successor agency pursuant to California Public Utilities Code §§ 1001 etor its duly seq., as may be amended. CPUC" means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or it' s duly appointed successor agency. FAA" means the Federal Aviation Administration or its duly appointed successor agency. FCC" means the Federal Communications Commission or its duly appointed successor agency.

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OTARD" means any over- the- air reception device subject to 47 C. F. R. §§ 1. 4000 et seq., as may be amended, and which includes satellite television dishes not greater than one meter in diameter. Personal Wireless Services" means the same as defined in 47 U. S. C. § 332( c)( 7)( C)( i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. Personal Wireless Service Facilities" means the same as defined in 47 U. S. C. § 332( c)( 7)( C)( i), as may be amended, which defines the term as facilities that provide personal wireless services. RF" means radio frequency. Section 6409" means Section 6409( a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. No. 112- 96, 126 Stat. 156 ( Feb. 22, 2012), codified as 47 U. S. C. § 1455( a), as may be amended or superseded. Temporary Wireless Facilities" means portable wireless facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster disables permanent wireless facilities. Temporary wireless facilities include, without limitation, cells- on- wheels (" COWs"), sites- on- wheels (" SOWs"), cells- on- light- trucks (" COLTs") or other similarly portable wireless facilities not permanently affixed to site on which is located. Tower" means the same as defined by the FCC in 47 C. F. R. § 1. 40001( b)( 9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC- licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles, mono- trees and lattice towers. Transmission Equipment" means the same as defined by the FCC in 47 C. F. R. §

1. 40001( b)( 8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC- licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. Wireless" means any FCC- licensed or authorized wireless communication service

transmitted over frequencies in the electromagnetic spectrum. Ord. No. 2017- 6, Added, 5/ 9/ 17)

Section 18. 92. 030 Applicability

A. Applicable Wireless facilities. This Chapter applies to all existing wireless facilities within the City and all applications and requests for approval to construct, install, modify, collocate, relocate or otherwise deploy wireless facilities in the City, whether located or proposed to be located on private property or in the public right-of-way, unless exempted pursuant to Section 18. 92. 030( b), governed under Chapter 18. 94 pursuant to Section 18. 92. 030( c) or governed under City Council Policy No. 300- 14 pursuant to Section 18. 92. 030( d). B. Exempt Wireless facilities. Notwithstanding Section 18. 92.030( a), the provisions in this Chapter will not be applicable to: ( 1) wireless facilities owned and operated by the City for public purposes; ( 2) wireless facilities installed on City property in the public right-of-way pursuant to a valid master license agreement with the City; ( 3) amateur radio facilities; ( 4) OTARD antennas; ( 5) wireless facilities installed completely indoors and intended to extend signals for personal wireless services in a personal residence or a business ( such as a femtocell or indoor

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distributed antenna system); and ( 6) wireless facilities or equipment owned and operated by CPUC- regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131- D. C. Requests for Approval Pursuant to Section 6409. All requests for approval submitted pursuant to Section 6409 will be first evaluated pursuant to the provisions in Chapter 18. 94. D. Special Provisions for Small Wireless Facilities. Notwithstanding any other provision of this Chapter as provided herein, all small wireless facilities as defined by the FCC in 47 C. F. R. § 1. 6002( 1), as may be amended or superseded, are subject to a permit as specified in City Council Policy No. 300- 14, which is adopted and may be amended by City Council resolution. All small wireless facilities shall comply with City Council Policy No. 300- 14. If City Council Policy No. 300- 14 is repealed, an application for a small wireless facility shall be processed pursuant to this Chapter. Ord. No. 2017- 6, Added, 5/ 9/ 17; Ord. No 2018- 17, Amended, 12/ 11/ 18)

Section 18. 92. 040 Permits Required

A. Minor Use Permit. A minor use permit, subject to the Zoning Administrator' s prior review and approval in accordance with Chapter 18. 66 ( Minor Use Permits), is required for new wireless facilities and substantial changes to existing wireless facilities that: 1. Are or will be in preferred locations as defined in Section 18. 92. 080( a) and do not require an exemption pursuant to Section 18. 92. 060( d); 2. Are or will be in any location and are completely stealth. B. Special Use Permit. A special use permit, subject to the Planning Commission' s prior review and approval in accordance with Chapter 18. 74 ( Variance and Special Use Permits), is required for: 1. All wireless facilities in discouraged locations as defined in Section 18. 92. 080( b); 2. All wireless facilities on private property within 500 feet from a residence, except for completely stealth facilities subject to a minor use permit pursuant to Section 18. 92. 040( x)( 2); 3. All unconcealed wireless facilities in any zone; and 4. All wireless facilities that require an exemption pursuant to Section 18. 92. 060( d). C. Administrative Temporary Use Permit. An administrative temporary use permit, subject to the Zoning Administrator' s prior review and approval in accordance with the procedures and standards in Section 18. 92. 110 is required for any temporary wireless facility, unless deployed in connection with an emergency pursuant to Section 18. 92. 110( b). D. Other Permits and Regulatory Approvals. In addition to any special use permit, minor use permit or other permit required under this Chapter, the applicant must obtain all other required prior permits and other regulatory approvals from other City departments, and state and federal agencies. Any special use permit, minor use permit or other permit granted under this Chapter will be subject to the conditions and/ or other requirements in any other required prior permits or other regulatory approvals from other City departments, and state and federal agencies. Ord. No. 2017- 6, Added, 5/ 9/ 17)

Section 18. 92. 050 Permit Applications

A. Application Requirement. The City shall not approve any wireless facility subject

to a minor use permit or special use permit except upon a duly filed application consistent with

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this Section 18. 92. 050 and any other written rules the Zoning Administrator may publish in any publicly- stated format. B. Minimum Application Content. The materials required under this Section are minimum requirements for any application for a special use permit or minor use permit in connection with a wireless facility: 1. Master Application and Applicable Fee. The applicant must provide the applicable special use permit or minor use permit application form with the applicable application fee. 2. Owner' s Authorization and Title Report. For facilities proposed or located on private property, the applicant must provide a title report prepared within the six months prior to the application filing date in order for the City to verify the property owner's identity. No title report is required for facilities proposed or located in the public rights-of-way. If the applicant does not own the subject property or support structure in the public rights- of-way, the application must include a written authorization signed by the property owner that empowers the applicant to file construction, installation, operation andthe application and perform all wireless facility maintenance to the extent described in the application. 3. Regulatory Authorizations. To the extent that the applicant claims any regulatory authorization or other right to use the public rights-of-way, such as a CPCN, the applicant must provide a true and correct copy of the certificate, license, notice to proceed or other regulatory authorization that supports the applicant' s claim. 4. Project Plans. A fully dimensioned site plan and elevation drawings prepared and sealed by a California- licensed engineer showing any existing wireless facilities with all existing transmission equipment and other improvements, the proposed wireless facility with all proposed transmission equipment and other improvements and the legal boundaries of the leased or owned area surrounding the proposed wireless facility and any associated access or utility easements. The plans must contain all other elements and details required for site plans submitted with a special use permit application. 5. Site Photos and Photo Simulations. Photographs and photo simulations that show the proposed wireless facility in context of the site from reasonable line-of-sight locations from public streets or other adjacent viewpoints, together with a map that shows the photo location of each view angle. 6. RF Compliance Demonstration. An RF exposure compliance report prepared and certified by an RF engineer acceptable to the City that certifies that the proposed wireless facility, as well as any collocated wireless facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels ( in watts effective radiated power ( ERP)) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/ general population limit ( as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/ occupational limit ( as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. 7. Acoustic Analysis. A written report that analyzes acoustic levels for the proposed wireless facility and all associated equipment including without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators in order to demonstrate compliance with Chapter 8. 32 ( Noise Control). The acoustic analysis must be prepared and certified by an engineer and include an analysis of the manufacturers' specifications for all noise- emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of a written report, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits.

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8. Project Purpose Statement. A written statement that includes: ( a) a

description of the technical objectives to be achieved; ( b) an annotated topographical map that identifies the targeted service area to be benefitted; ( c) the estimated number of potentially affected users in the targeted service area; and ( d) full- color signal propagation maps with objective units of signal strength measurement that show the applicant' s current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed

site without all adjacent sites. 9. Alternatives Analysis. The applicant must list all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location. The applicant must also provide a written explanation for why the alternatives considered were unacceptable or infeasible, unavailable or not as consistent with the development standards in this Chapter as the proposed location and design. This explanation must include a meaningful comparative analysis and such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, infeasible, unavailable or not as consistent with the development standards in this Chapter as the proposed location. If an existing wireless facility is listed among the alternatives, the applicant must specifically address why the collocation or modification of such wireless facility is not a viable option. If the proposed location is in the public right-of-way, the applicant may perform the alternatives sites analysis on other locations that it considered in the public right- of-way. C. Procedures for a Duly Filed Application. The City shall not review any application unless duly filed in accordance with the provisions in this Section 18. 92. 050( c). 1. Pre- Submittal Conference. Before application submittal, applicants must schedule and attend a pre- submittal conference with City staff for all proposed wireless facilities that require a special use permit. The City strongly encourages, but does not require, a pre- submittal conference for all other proposed wireless facilities. The pre- submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and permit requirements, concealment opportunities and/ or concerns, potential alternative sites and/ or designs, requirements for a complete application, scheduling matters and coordination with other City departments responsible for application review. To minimize unnecessary delays due to application incompleteness, applicants are encouraged ( but not required) to bring any draft applications or other materials so that City staff may provide informal feedback about whether such applications or other materials may be incomplete or unacceptable. The Zoning Administrator may, in the Zoning Administrator' s discretion, grant a written exemption to the submittal appointment under Section 18. 92. 050( c)( 2) and/ or for a specific requirement for a complete application to any applicant who ( i) schedules, attends and fully participates in any pre- submittal conference and ( ii) shows to the Zoning Administrator' s satisfaction that such specific requirement duplicates information already provided in other materials to be submitted or is otherwise unnecessary to the City' s review under facts and circumstances in that particular case. Any written exemption will be limited to the project discussed at the pre-submittal conference and will not be extended to any other project. 2. Submittal Appointment. All applications must be filed with the City at a pre- scheduled appointment. Applicants may generally submit one application per appointment, but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. Any application received without an appointment, whether delivered in- person or through any other means, will not be considered duly filed unless the applicant received a written exemption from the Zoning Administrator at a pre- submittal conference. 3. Appointment Scheduling Procedures. For any event in the submittal process that requires an appointment, applicants must submit a written request to the Zoning

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Administrator. The Zoning Administrator shall endeavor to provide applicants with an appointment as soon as reasonably feasible and within five business days after a written request is received. D. Applications Deemed Withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the City within 90 calendar days after the City deems the application incomplete in a written notice to the applicant. The Zoning Administrator may, in the Zoning Administrator' s discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant' s reasonable control will be considered good cause to grant the extension. E. Departmental Forms, Rules and Other Regulations. The City Council authorizes the Zoning Administrator to develop and publish permit application forms, checklists, informational handouts and other related materials for this Chapter. Without further authorization from the City Council, the Zoning Administrator may from time- to- time update and alter the permit application forms, checklists, informational handouts and other related materials as the Zoning Administrator deems necessary or appropriate to respond to regulatory, technological or other changes related to this Chapter. The City Council further authorizes the Zoning Administrator to establish other reasonable rules and regulations, which may include without limitation regular hours for appointments with applicants, as the Zoning Administrator deems necessary or appropriate to organize, document and manage the application intake process. All such rules and regulations must be in written form and publicly stated to provide applicants with prior notice. Ord. No. 2017- 6, Added, 5/ 9/ 17)

Section 18. 92. 060 Decisions

A. Notice. 1. General Notice Required for the Application. Public notice as provided in Section 18. 74. 140 ( Special Use Permit — Notice of Hearing) will be required for any special use permit. Public notice as provided in Section 18. 66. 030 ( Minor Use Permits — Procedure) will be required for any minor use permit. The approval authority shall not act on any application for a wireless facility unless the public notice required by law has occurred. 2. Deemed- Approval Notice Procedures. Not more than 30 days before the applicable FCC timeframe for review expires, and in addition to the public notice required in Section 18. 92. 060( A)( 1), above, an applicant for a special use permit or minor use permit must provide a posted notice at the project site that states the project will be automatically deemed approved pursuant to California Government Code § 65964. 1 unless the City approves or denies the application or the applicant tolls the timeframe for review within the next 30 days. The posted notice must be compliant with the provisions in Section 18. 04. 070 ( Required Wording and Size of Notices). The public notice required under this Section 18. 92. 060( A)( 2) will be deemed given when the applicant delivers written notice to the Zoning Administrator that shows the appropriate notice has been posted at the project site. 3. Decision Notices. Within five working days after the approval authority approves, conditionally approves or denies an application for a wireless facility or before the FCC timeframe for review expires ( whichever occurs first), the approval authority shall send a written notice to the applicant and all other parties entitled to receive notice. For any denial notice, the approval authority shall include the reasons for the denial either in the notice or as a separate written document. B. Required Findings for Approval. The approval authority may approve or conditionally approve a duly filed application for a special use permit or minor use permit only when the approval authority finds:

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1. the proposed wireless facility complies with all the findings required for a

special use permit or minor use permit in accordance with Section 18. 74. 120 ( Special Use Permit When Permitted); 2. the proposed wireless facility complies with all applicable development standards described in Section 18. 92. 080; 3. the applicant has demonstrated that its proposed wireless facility will be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions; 4. the applicant has demonstrated a good- faith effort to identify and evaluate more- preferred locations and potentially less- intrusive designs; and 5. the applicant has provided the approval authority with a meaningful comparative analysis that shows all less- intrusive alternative locations and designs identified in the administrative record are either technically infeasible or not potentially available. C. Conditional Approvals. The approval authority may impose any reasonable conditions on any special use permit or minor use permit, related and proportionate to the subject matter in the application, as the approval authority deems necessary or appropriate to promote and ensure conformance with the General Plan, any applicable specific plan and all applicable provisions in the Vista Development Code. D. Limited Exception for Personal Wireless Service Facilities. The Planning Commission shall not grant any limited exception, to the site location guidelines in Section 18. 92. 070 or the development standards in Section 18. 92. 080, pursuant to this Section 18. 92. 060( d) unless the Planning Commission finds all the following: 1. the proposed wireless facility qualifies as a " personal wireless service facility" as defined in 47 U. S. C. § 332( c)( 7)( C)( ii), as may be amended or superseded; 2. the applicant has provided the Planning Commission with a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; 3. the applicant has provided the Planning Commission with a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in this Chapter, the Vista Development Code, the general plan and/ or any specific plan; 4. the applicant has provided the Planning Commission with a meaningful comparative analysis with the factual reasons why all alternative locations and/ or designs identified in the administrative record ( whether suggested by the applicant, the City, public comments or any other source) are not technically feasible or potentially available to reasonably achieve the applicant' s reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; and 5. the applicant has demonstrated that the proposed location and design is the least non- compliant configuration that will reasonably achieve the applicant' s reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility, which includes without limitation a meaningful comparative analysis into multiple smaller or less intrusive wireless facilities dispersed throughout the intended service area. E. Appeals. Any person or entity may appeal a decision by the approval authority in accordance with the standards and procedures in Section 18. 04. 150 ( Appeals), except as modified in this Section 18. 92. 060( e). On the next available meeting date after the appeal period lapses, or as soon as reasonably feasible thereafter, the appellate body shall hold a de novo public hearing to consider and act on the application in accordance with the applicable provisions in the General Plan, any applicable specific plan and all applicable provisions in the Vista Development Code. Appeals from an approval will not be permitted to the extent that the appeal is based on environmental effects from RF emissions that comply with all applicable FCC regulations. Ord. No. 2017- 6, Added, 5/ 9/ 17)

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Section 18. 92. 070 Site Location Guidelines

A. Preferred Locations. All applicants must, to the extent feasible, propose new wireless facilities in locations according to the following preferences, ordered from most preferred to least preferred. Wireless facilities proposed to be sited in the following locations may be eligible for a minor use permit. 1. City- owned structures in the public rights-of-way; 2. existing support structures in the public rights-of-way; 3. City- owned property; 4. parcels within the Vista Business Park Specific Plan, Area B; 5. parcels within industrial zones; and 6. parcels within commercial zones; B. Discouraged Locations. The City discourages new wireless facilities in the following locations, ordered from most discouraged to least discouraged, and the approval authority will take into account whether any less discouraged ( or more preferred) locations are technically feasible and potentially available. Furthermore, any wireless facility proposed to be sited in the following discouraged locations will require a special use permit: 1. all Single- Family Residential zones ( which includes, without limitation, OS- R, A- 1, E- 1, R- 1 and R- 1- 13); 2. all properties within any Biological Preserve Overlay as defined in the General Plan; 3. all parcels designated as Open Space in the General Plan; 4. all parcels within the Historic Downtown Planning District; 5. all parcels within the Downtown Specific Plan area; and 6. all other locations not identified as " preferred" in section 18. 92. 070( b). C. Preferred Support Structures. In addition to the preferred locations described in Section 18. 92. 070( a), the City also expresses its preference for installations on certain support structures. The approval authority will take into account whether any less discouraged ( or more preferred) support structures are technically feasible and potentially available. The City' s preferred support structures are as follows, ordered from most preferred to least preferred: 1. collocations with existing building- mounted wireless facilities; 2. collocations with existing wireless facilities on electric transmission towers; 3. collocations with existing freestanding wireless facilities; 4. new installations on existing buildings; 5. new installations on existing electric transmission towers; 6. new freestanding wireless towers; 7. reserved] Ord. No. 2017- 6, Added, 5/ 9/ 17)

Section 18. 92. 080 Design Standards

A. Generally Applicable Development Standards. All new wireless facilities and all collocations or modifications to existing wireless facilities not subject to Section 6409 must conform to the generally applicable development standards in this Section 18. 92. 080(a). 1. Concealment. Wireless facilities must incorporate concealment elements, measures and techniques that blend the equipment and other improvements into the natural and/ or built environment in a manner consistent and/ or compatible with the uses germane to the underlying zoning district and existing in the immediate vicinity. 2. Overall Height. Wireless facilities may not exceed the applicable height limit for structures in the applicable zoning district.

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3. Setbacks. Wireless facilities may not encroach into any applicable setback

for structures in the subject zoning district. 4. Noise. Wireless facilities and all accessory equipment and transmission equipment must comply with all noise regulations, which includes without limitation Chapter 8. 32 Noise Control), and shall not exceed, either individually or cumulatively, the applicable ambient noise limit in the subject zoning district. The approval authority may require the applicant to incorporate appropriate noise- baffling materials and/ or strategies whenever necessary to avoid any ambient noise from equipment reasonably likely to exceed the applicable limit. 5. Landscaping. Wireless facilities must include landscape features when proposed in a landscaped area. The approval authority may require additional landscape features to screen the wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the concealment required under this Chapter. 6. Security Measures. Wireless facilities may incorporate reasonable and appropriate security measures, such as fences, walls and anti- climbing devices, to prevent unauthorized access, theft and vandalism. Security measures must be designed to enhance concealment to the maximum extent possible. The approval authority may require additional concealment elements as the approval authority finds necessary to blend the security measures and other improvements into the natural and/ or built environment. The approval authority shall not approve barbed wire, razor ribbon, electrified fences or any similar security measures. 7. Backup Power Sources. The approval authority may approve permanent backup power sources and/ or generators on a case- by-case basis. All backup power sources and/ or generators must be compliant with all generally applicable rules and regulations for public health and safety, and the approval authority may require conditions reasonably necessary or appropriate to ensure such compliance. The City strongly disfavors backup power sources mounted on the ground or on poles in the public rights-of-way. 8. Lights. Wireless facilities may not include exterior lights other than ( i) as may be required under FAA, FCC or other applicable governmental regulations; and ( ii) timed or motion- sensitive lights for security and/ or worker safety. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that avoids illumination impacts on other properties to the maximum extent feasible. 9. Signage; Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/ operator, the owner/ operator' s site name or identification number and a toll- free number to the owner/ operator' s network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under FCC or other United States governmental agencies for compliance with RF emissions regulations. 10. Future Collocations. All wireless facilities must be designed and sited in a manner that contemplates future collocations, and will facilitate additional equipment to be integrated into the proposed wireless facility or associated structures with no or negligible visual changes to its outward appearance to the greatest extent feasible. 11. Utilities. All cables and connectors for telephone, primary electric and other similar utility services must be routed underground to the extent feasible in conduits large enough to accommodate future collocated wireless facilities. The approval authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost. 12. Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, General Plan and any specific plan, the Vista Development Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project. B. Freestanding Wireless facilities.

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1. Tower- Mounted Equipment. All tower- mounted equipment must be

mounted as close to the vertical support structure as possible to reduce its visual profile. Applicants must mount non- antenna, tower-mounted equipment ( including, but not limited to, remote radio units/ heads, surge suppressors and utility demarcation boxes) directly behind the antennas to the maximum extent feasible. All tower- mounted equipment, cables and hardware must be painted with flat colors subject to the approval authority' s prior approval. 2. Ground- Mounted Equipment and Shelters. All ground- mounted equipment must be concealed within an existing or new structure, opaque fences or other enclosures subject to the approval authority' s prior approval. The approval authority may require additional concealment elements as the approval authority finds necessary to blend the ground- mounted equipment and other improvements into the natural and/ or built environment. C. Building- Mounted Wireless facilities. 1. Preferred Concealment Techniques. All applicants should, to the extent feasible, propose new non- tower wireless facilities that are completely concealed and architecturally integrated into the existing facade or rooftop features with no visible impacts from any publicly accessible areas at ground level ( examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials). Alternatively, when integration with existing building features is not feasible, the applicant should propose completely concealed new structures or appurtenances designed to mimic the support structure' s original architecture and proportions ( examples include, but are not limited to, cupolas, steeples, chimneys and water tanks). Facilities must be located behind existing parapet walls or other existing screening elements to the maximum extent feasible. 2. Facade- Mounted Equipment. When wireless facilities cannot be placed behind existing parapet walls or other existing screening elements, the approval authority may approve facade- mounted equipment in accordance with this section. All facade- mounted equipment must be concealed behind screen walls and mounted as flush to the facade as practicable. The approval authority may not approve "pop-out" screen boxes unless the design is architecturally consistent with the original building or support structure. Except in industrial zones, the approval authority may not approve any exposed facade- mounted antennas, including but not limited to exposed antennas painted to match the facade. 3. Rooftop- Mounted Equipment. All rooftop- mounted equipment must be screened from public view with concealment measures that match the underlying structure in proportion, quality, architectural style and finish. The approval authority may approve unscreened rooftop equipment only when it expressly finds that such equipment is effectively concealed due to its low height and/ or setback from the roofline. 4. Associated Ground- Mounted Equipment. Outdoor ground- mounted equipment associated with building- mounted wireless facilities must be avoided whenever feasible. In publicly visible or accessible locations, applicants must conceal outdoor ground- mounted equipment with opaque fences or landscape features that mimic the adjacent structure( s) such as dumpster corrals and other accessory structures. D. Right- of-Way Wireless Facilities. 1. Concealment. All wireless facilities in the right-of-way must be concealed to the maximum extent feasible with design elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses. Such concealment techniques may include, without limitation, placing equipment underground or within landscaped areas, painting or coloring the equipment, mounting the equipment behind existing street signage or rotating the equipment away from prominent views, installing passively cooled equipment rather than fan- cooled equipment, covering any solid or flashing indicator lights on the internal components. In addition, wireless facilities in the rights- of-way may not unreasonably subject the

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public use, for any purpose including expressive or aesthetic purposes, to inconvenience, discomfort, trouble, annoyance, hindrance, impediment or obstruction. 2. Support Structures. All wireless facilities in the public right- of-way must be installed on existing above- ground structures whenever possible and desirable. Existing above- ground structures may be replaced with hardened support structures so long as the replacement structure is substantially similar to the existing structure to be replaced. The approval authority shall not approve any new, non- replacement support structures unless: ( i) the applicant demonstrates that above- ground support structures near the project site either do not exist or are not available to the applicant; or ( ii) the approval authority finds that a new, non- replacement support structure would be more desirable and consistent with the objectives in this Chapter than installations on existing structures near the project site. 3. Undergrounded Equipment. To conceal the non- antenna equipment, applicants for a proposed wireless facility within any area in which the existing utilities are primarily located underground shall underground all non- antenna equipment other than any required electric meter or disconnect switch. In all other areas, applicants shall install all non- antenna equipment underground to the extent feasible. Additional expense to install and maintain an underground equipment enclosure does not exempt an applicant from this requirement, except where the applicant demonstrates with evidence that this requirement will effectively prohibit the provision of personal wireless services. 4. Pole- Mounted Equipment. All pole- mounted equipment must be installed as close to the pole as technically and legally feasible to minimize impacts to the visual profile. All required or permitted signage in the rights- of-way must face toward the street or otherwise placed to minimize visibility from adjacent sidewalks and structures. All conduits, conduit attachments, cables, wires and other connectors must be concealed from public view to the extent feasible. 5. Ground- Mounted Equipment. To the extent that the equipment cannot be placed underground as required, applicants must install ground- mounted equipment in the location so that it does not obstruct pedestrian or vehicular traffic. The approval authority may require landscaping as a condition of approval to conceal ground- mounted equipment. Ord. No. 2017- 6, Added, 5/ 9/ 17)

Section 18. 92. 090 Standard Conditions of Approval

In addition to all other conditions adopted by the approval authority, all special use permits and minor use permits, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this Section 18. 92. 090. The approval authority shall have discretion to modify or amend these conditions on a case- by- case basis as may be necessary or appropriate under the circumstances to allow for the proper operation of the approved facility consistent with the goals of this chapter. A. Approved Plans. Before the permittee submits any applications to the Building Division, the permittee must incorporate this permit, all conditions associated with this permit and the approved photo simulations into the project plans ( the " Approved Plans"). The permittee must construct, install and operate the wireless facility in strict compliance with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Zoning Administrator' s prior review and approval, who may refer the request to the original approval authority if the Zoning Administrator finds that the requested alteration, modification or other change implicates a significant or substantial land- use concern. B. Permit Duration. This permit will automatically expire 10 years and one day from its issuance, except when California Government Code § 65964( b), as may be amended or superseded in the future, authorizes the City to establish a shorter term for public safety or

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substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed- granted or deemed- approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. C. Build- out Period. This permit will automatically expire one year from the issuance date unless the permittee obtains all other permits and approvals required to install, construct and/ or operate the approved wireless facility, which includes without limitation any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The Zoning Administrator may grant one written extension to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this

condition. D. Maintenance Obligations; Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the Approved Plans and all conditions in this permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. E. Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law Laws") applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this permit. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee' s obligations to maintain compliance with all Laws. F. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee' s construction, installation, operation, modification, maintenance, repair, removal and/ or other activities at the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines on ( 1) any weekday or Saturday between 7 PM and 7 AM or ( 2) any Sunday or holiday. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Zoning Administrator or the Zoning Administrator' s designee may issue a stop work order for any work that violates this condition. G. Noise Complaints. The permittee shall conduct all activities on the site in compliance with the ambient noise standards in Chapter 8. 32 applicable to the zone in which the site is situated. In the event that any person files a noise complaint and the City verifies that such complaint is valid, the permittee must remedy the violation within 10 days after notice from the City, which may include a demonstration that the permittee has amended its operational guidelines in situations where the violation arises from the permittee' s personnel rather than the

permittee' s equipment. H. Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City or its designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the City or its designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the City or its designee while such inspection or emergency access occurs.

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I. Contact Information. The permittee shall furnish the Planning Division with accurate and up- to- date contact information for a person responsible for the wireless facility, which includes without limitation such person' s full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up- to- date at all times. J. Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed shall defend, indemnify and hold harmless the City, its agents, officers, officials, employees and volunteers from any and all ( 1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other or its agents, officers, officials,actions or proceedings (" Claims") brought against the City employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City's approval of this permit, and ( 2) other Claims any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee' s or its agents', directors', officers', employees', contractors', subcontractors', licensees', or customers' acts or omissions in connection with this permit or the wireless facility. In the event the City becomes aware of any Claims, the City will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/ or permittee as applicable) shall promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee' s indemnification obligations under this condition are a material consideration that motivates the City to approve this permit, and that such indemnification obligations will survive the expiration or revocation of this permit. K. Performance Bond. Before the Building Official issues any construction permit in connection with the wireless facility, the permittee shall post a performance bond from a surety and in a form acceptable to the City Manager and the City Attorney in an amount equal to or greater than a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code § 65964( a), the City Manager shall take into consideration information provided by the permittee regarding the cost to remove the wireless facility. L. Recall to the Approval Authority. The original approval authority may recall this permit for review at any time due to complaints about noncompliance with the Vista Development Code or any approval conditions. At a duly noticed public hearing and in accordance with all applicable laws, the approval authority may revoke this permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance. M. Record Retention. The permittee shall retain full and complete copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes without limitation all conditions of approval, approved plans, resolutions and other documentation associated with the permit or regulatory approval. In the event that the City cannot locate any such full and complete permits or other regulatory approvals in its official records, and the permittee fails to retain full and complete permits or other regulatory approvals in the permittee' s files, any ambiguities or uncertainties that would be resolved through an examination of the missing documents will be conclusively resolved against the permittee. Ord. No. 2017- 6, Added, 5/ 9/ 17)

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Section 18. 92. 100 Amortization of Nonconforming Wireless Facilities

Any non- conforming wireless facilities in existence at the time this Chapter becomes

effective must be brought into conformance with this Chapter in accordance with the amortization schedule in this Section 18. 92. 100. As used in this section, the " fair market value" will be the construction costs listed on the building permit application for the subject wireless facility and the minimum years" allowed will be measured from the date on which this Chapter becomes

effective.

Fair Market Value on Effective Date Minimum Years Allowed
Less than $ 50, 000. . . . . . . . . . . . . . . . . . . . . . . 5
50, 000 to $ 500, 000. . . . . . . . . . . . . . . . . . . . . 10
Greater than $ 500, 000. . . . . . . . . . . . . . . . . . . . 15
The Zoning Administrator may grant a written extension to a date certain when the wireless
owner shows ( 1) a good faith effort to cure non- conformance; ( 2) the application of thisfacility

Section would violate applicable laws; or ( 3) extreme economic hardship would result from strict compliance with the amortization schedule. Any extension must be the minimum time period necessary to avoid such extreme economic hardship. The Zoning Administrator may not grant any permanent exemption from this Section. Nothing in this Section is intended to limit any permit term to less than 10 years. In the event that the amortization required in this Section would reduce the permit term to less than 10 years for any permit granted on or after September 29, 2006, then the minimum years allowed will be automatically extended by the difference between 10 years and the number of years since the City granted such permit. Nothing in this Section is intended or may be applied to prohibit any collocation or modification covered under 47 U. S. C. § 1455( a) on the basis that the subject wireless facility is a legal nonconforming wireless facility. Ord. No. 2017- 6, Added, 5/ 9/ 17)

Section 18. 92. 110 Temporary Wireless Facilities

A. Temporary Wireless Facilities for Non- Emergencies. 1. Administrative Temporary Use Permit Applications. The Zoning Administrator shall not approve any temporary wireless facility subject to an administrative temporary use permit except upon a duly filed application consistent with this Section 18. 92. 110( a) and any other written rules the Zoning Administrator may publish in any publicly- stated format. Applicants for an administrative temporary use permit must submit, at a minimum:

1. an administrative temporary use permit application on the most current form prepared by the Planning Division; ( 2) the applicable fee for the application; ( 3) a site plan that shows the proposed and its equipment, physical dimensions and placement on thetemporary wireless facility

proposed site relative to property lines and existing structures; ( 4) an RF compliance report in accordance with Section 18. 92. 050( b)( 6) in this Chapter; and ( 5) an insurance certificate for general commercial liability that names the City as an additional insured, includes coverage for the time period in which the temporary wireless facility will be placed and carries at least 1, 000, 000 in coverage per occurrence. Applications must be submitted in person to the Zoning Administrator. No pre-submittal conference or appointment is required for a temporary administrative use permit application. 2. Administrative Review Procedures. After the Zoning Administrator receives a duly filed application for an administrative temporary use permit, the Zoning Administrator shall review the application for completeness. After the Zoning Administrator deems the application complete, the Zoning Administrator shall review the application for conformance with the required findings in Section 18. 92. 110( a)( 3) and render a written decision to the applicant. Any denials

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must include the reasons for the denial. The review shall be administrative in nature and shall not require notice or a public hearing. In the event that the Zoning Administrator denies an administrative temporary use permit for a temporary wireless facility, the applicant may appeal to the City Manager within 10 days. The City Manager shall consider the appeal de novo and the City Manager's decision will be final and not subject to any further administrative appeals. 3. Required Findings. The Zoning Administrator may approve or conditionally approve an administrative temporary use permit for a temporary wireless facility only when the Zoning Administrator finds all the following: a. The proposed temporary wireless facility will not exceed 50 feet in overall height above ground level; b. The proposed temporary wireless facility complies with all setback requirements applicable to the proposed location; C. The proposed temporary wireless facility will not involve any excavation or ground disturbance; d. The proposed temporary wireless facility will be compliant with all generally applicable public health and safety laws and regulations, which includes without limitation maximum permissible exposure limits for human exposure to RF emissions established by the FCC; e. The proposed temporary wireless facility will not create any nuisance or violate any noise limits applicable to the proposed location; f. The proposed temporary wireless facility will be identified with a sign that clearly identifies the site operator and contains a working telephone number to a live person who can exert power- down control over the antennas; g. The proposed wireless temporary wireless facility will be removed within five days after the Zoning Administrator grants the administrative temporary use permit, or such longer time as the Zoning Administrator finds reasonably related to the applicant' s need or purpose for the temporary wireless facility; h. The applicant has not received any other administrative temporary use permit for substantially the same location within the previous 90 days; and i. The applicant has not sought approval for any permanent wireless facility in substantially the same location within the previous 365 days. B. Temporary Wireless Facilities for Emergencies. Temporary wireless facilities may be placed and operated within the City without an administrative temporary use permit only when a duly authorized federal, state, county or City official declares an emergency within a region that includes the City in whole or in part. Any temporary wireless facilities placed pursuant to this Section 18. 92. 110( b) must be removed within five days after the date the emergency is lifted whichever occurs first). Any person or entity that places temporary wireless facilities pursuant to this section must send a written notice that identifies the site location and person responsible for its operation to the Zoning Administrator as soon as reasonably practicable. Ord. No. 2017- 6, Added, 5/ 9/ 17)

Section 18. 92. 120 Compliance Obligations

A. An applicant or permittee will not be relieved of its obligation to comply with every

applicable provision in the Vista Development Code, any permit, any permit condition or any applicable law or regulation by reason of any failure by the City to timely notice, prompt or enforce compliance by the applicant or permittee. Ord. No. 2017- 6, Added, 5/ 9/ 17)

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Chapter 18. 94

Facilities Covered Under

Section 6409( a) of the Middle

Class Tax Relief and Job Creation Act of 2012

Sections:

18. 94. 010 Legislative Intent
19. 94. 020 Definitions
20. 94. 030 Applicability
21. 94. 040 Approval Required
22. 94. 050 Permit Applications
23. 94. 060 Decisions
24. 94. 070 Standard Conditions Of Approval
25. 94. 080 Compliance Obligations

Section 18. 94. 010 Legislative Intent

A. Section 6409( a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112- 96, codified in 47 U. S. C. § 1455( a), generally requires that State and local governments may not deny, and shall approve" requests to collocate, remove or replace transmission equipment at an existing tower or base station. Federal Communication Commission regulations interpret this statute and create procedural rules for local review, which generally preempt certain subjective land- use regulations, limit permit application content requirements and provide the applicant with a potential " deemed granted" remedy when the State or local government fails to approve or deny the request within sixty ( 60) days after submittal ( accounting for any tolling periods). Moreover, whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104, codified in 47 U. S. C. § 332, applies to only " personal wireless service facilities" ( e. g., cellular telephone towers and equipment), Section 6409( a) applies to all " wireless" facilities licensed or authorized by the FCC ( e. g., cellular, Wi- Fi, satellite, microwave backhaul, etc.). B. The City Council finds that the overlap between wireless deployments covered under Section 6409( a) and other wireless deployments, combined with the different substantive and procedural rules applicable to such deployments, creates a potential for confusion that harms the public interest in both efficient wireless facilities deployment and carefully planned community development in accordance with local values. The City Council further finds that a separate permit application and review process specifically designed for compliance with Section 6409( a) contained in a section devoted to Section 6409( a) will mitigate such potential confusion, streamline local review and preserve the city' s land- use authority to maximum extent possible. C. The City of Vista intends this section to establish reasonable and uniform standards and procedures in a manner that protects and promotes the public health, safety and welfare, consistent with and subject to federal and California state law, for wireless facilities collocations and modifications pursuant to Section 6409( a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112- 96, codified in 47 U. S. C. § 1455( a), and related FCC regulations codified in 47 C. F. R. §§ 1. 40001 et seq. This section is not intended to, nor shall it be interpreted or applied to: ( 1) prohibit or effectively prohibit any personal wireless service provider' s ability to provide personal wireless services; ( 2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights- of- way management; ( 3) unreasonably discriminate among providers of functionally equivalent services; ( 4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of

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environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC' s regulations concerning such emissions; ( 5) prohibit any collocation or modification that the City may not deny under federal or California state law; or ( 6) otherwise authorize the City to preempt any applicable federal or California state law. Ord. No. 2017- 7, Added, 5/ 9/ 17)

Section 18. 94. 020 Definitions

The abbreviations, phrases, terms and words will have the meanings assigned to them in

this Section 18. 94. 020 or, as may be appropriate, in Chapter 18. 01 ( Purpose, Interpretation and Definitions), as may be amended from time to time, unless context indicates otherwise. Undefined phrases, terms or words in this section will have the meanings assigned to them in 47 U. S. C. § 702, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control. Approval Authority" means the commission, board or official responsible for review of permit applications and vested with the authority to approve or deny such applications. The approval authority for a project which requires a Section 6409( a) approval refers to the Zoning Administrator.

as Base Station" means the same as defined by the FCC in 47 C. F. R. § 1. 40001( b)( 1),

may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC- licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C. F. R. §

1. 40001( b)( 9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber- optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration ( including distributed antenna systems and small- cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in 47 C. F. R. § 1. 40001( b)( 1)( i)-( ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in 47 C. F. R. § 1. 40001( b)( 1)( i)-( ii). Collocation" means the same as defined by the FCC in 47 C. F. R. § 1. 40001( b)( 2), as

may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/ or receiving radio frequency signals for communications purposes. As an illustration and not a limitation, the FCC' s definition effectively means " to add" and does not necessarily refer to more than one wireless facility installed at a single site. Eligible Facilities Request" means the same as defined by the FCC in 47 C. F. R. §

1. 40001( b)( 3), as may be amended, which defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: ( i) collocation of new transmission equipment; ( ii) removal of transmission equipment; or ( iii) replacement of transmission equipment. Eligible Support Structure" means the same as defined by the FCC in 47 C. F. R. §

2. 40001( b)( 4), as may be amended, which defines that term as any tower or base station as

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defined in this section, provided that it is existing at the time the relevant application is filed with the State or local government under this section. Existing" means the same as defined by the FCC in 47 C. F. R. § 1. 40001( b)( 4), as may be amended, which provides that a constructed tower or base station is existing for purposes of the FCC' s Section 6409( a) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. FCC" means the Federal Communications Commission or its duly appointed successor agency. Personal Wireless Services" means the same as defined in 47 U. S. C. § 332( c)( 7)( C)( i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. Personal Wireless Service Facilities" means the same as defined in 47 U. S. C. § 332( c)( 7)( C)( i), as may be amended, which defines the term as facilities that provide personal wireless services. RF" means radio frequency or electromagnetic waves between 30 kHz and 300 GHz in the electromagnetic spectrum range. Section 6409( a)" means Section 6409( a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112- 96, 126 Stat. 156, codified as 47 U. S. C. § 1455( a), as may be amended. Site" means the same as defined by the FCC in 47 C. F. R. § 1. 40001( b)( 6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. Substantial Change" means the same as defined by the FCC in 47 C. F. R. §

1. 40001( b)( 7), as may be amended, which defines that term differently based on the particular wireless facility type ( tower or base station) and location ( in or outside the public right-of-way). For clarity, this definition organizes the FCC' s criteria and thresholds for a substantial change according to the wireless facility type and location. A. For towers outside the public rights- of-way, a substantial change occurs when: 1. The proposed collocation or modification increases the overall height more

than 10% or the height of one additional antenna array not to exceed 20 feet ( whichever is greater); or 2. The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance ( whichever is greater); or 3. The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or 4. The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site. B. For towers in the public rights- of-way and for all base stations, a substantial change occurs when: 1. The proposed collocation or modification increases the overall height more than 10% or 10 feet ( whichever is greater); or 2. The proposed collocation or modification increases the width more than 6 feet from the edge of the wireless tower or base station; or

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3. The proposed collocation or modification involves the installation of any

new equipment cabinets on the ground when there are no existing ground- mounted equipment cabinets; or 4. The proposed collocation or modification involves the installation of any new ground- mounted equipment cabinets that are ten percent ( 10%) larger in height or volume than any existing ground- mounted equipment cabinets; or 5. The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground. C. In addition, for all towers and base stations wherever located, a substantial change occurs when: 1. The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the Director; or 2. The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section. Note: The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally- permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012— the date that Congress passed Section 6409( a). Tower" means the same as defined by the FCC in 47 C. F. R. § 1. 40001( b)( 9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC- licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles, mono- trees and lattice towers. Transmission Equipment" means the same as defined by the FCC in 47 C. F. R. §

1. 40001( b)( 8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC- licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. Wireless" means any FCC- licensed or authorized wireless communication service

transmitted over frequencies in the electromagnetic spectrum. Ord. No. 2017- 7, Added, 5/ 9/ 17)

Section 18. 94. 030 Applicability

This Chapter applies to all collocations or modifications to an existing wireless tower or

base station submitted with a written request for approval pursuant to Section 6409( a). However, the applicant may voluntarily elect to seek a minor use permit or special use permit under Chapter 18. 92. Ord. No. 2017- 7, Added, 5/ 9/ 17)

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Section 18. 94. 040 Approval Required

A. Section 6409( a) Approval. Any request to collocate, replace or remove

transmission equipment at an existing wireless tower or base station submitted with a written request for approval under Section 6409( a) shall require a Section 6409( a) approval subject to the Zoning Administrator's approval, conditional approval or denial without prejudice pursuant to the standards and procedures contained in this Chapter. B. Other Regulatory Approvals Required. No collocation or modification approved under any Section 6409(a) approval may occur unless the applicant also obtains all other permits or regulatory approvals from other City departments and state or federal agencies. Furthermore, any Section 6409( a) approval granted under this Chapter shall remain subject to any and all lawful conditions and/ or requirements associated with such other permits or regulatory approvals from other City departments and state or federal agencies. Ord. No. 2017- 7, Added, 5/ 9/ 17)

Section 18. 94. 050 Permit Applications

A. Application Requirement. The City shall not approve any wireless facility subject to this Chapter except upon a duly filed application consistent with this Section 18. 94. 050 and any other written rules the City or the Zoning Administrator may establish from time to time in any publicly-stated format. B. Application Content. The materials required under this section are minimum requirements for any application. 1. Master Application and Applicable Fee. The applicant must provide the applicable minor use permit application form with the applicable application fee. 2. Title Report and Owner' s Authorization. For facilities proposed or located on private property, the applicant must provide a title report prepared within the six months prior to the application filing date in order for the City to verify the property owner's identity. No title report is required for facilities proposed or located in the public rights- of-way. If the applicant does not own the subject property or the support structure in the public rights-of-way, the application must include a written authorization signed by the property owner that empowers the applicant to construction, installation, operation andfile the application and perform all wireless facility maintenance to the extent described in the application. 3. Regulatory Authorizations. To the extent that the applicant claims any regulatory authorization or other right to use the public rights-of-way, such as a Certificate of Public Convenience and Necessity, the applicant must provide a true and correct copy of the certificate, license, notice to proceed or other regulatory authorization that supports the applicant' s claim. 4. Prior Regulatory Approvals. Evidence that the applicant holds all current licenses and registrations from the FCC and any other applicable regulatory bodies where such license( s) or registration( s) are necessary to provide wireless services utilizing the proposed wireless facility. For any prior local regulatory approval( s) associated with the wireless facility, the applicant must submit copies of all such approvals, including any corresponding approved project plans and conditions of approval. Alternatively, the applicant may submit a written justification that sets forth reasons why prior regulatory approvals were not required for the wireless facility at the time it was constructed or modified. 5. Project Plans. A fully dimensioned site plan and elevation drawings prepared and sealed by a California- licensed engineer showing any existing wireless facilities with all existing transmission equipment and other improvements, the proposed wireless facility with all proposed transmission equipment and other improvements and the legal boundaries of the leased or owned area surrounding the proposed wireless facility and any associated access

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or utility easements. The plans must specifically depict and call out the original overall height of the structure and, if the structure was constructed prior to February 22, 2012, the overall height that existed on February 22, 2012. The plans must contain all other elements and details required for site plans submitted with a special use permit application. 6. Site Photos and Photo Simulations. Photographs and photo simulations that show the proposed wireless facility in context of the site from reasonable line-of-sight locations from public streets or other adjacent viewpoints, together with a map that shows the photo location of each view angle. 7. RF Compliance Demonstration. An RF exposure compliance report prepared and certified by an RF engineer acceptable to the City that certifies that the proposed wireless facility, as well as any collocated wireless facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels ( in watts effective radiated power ( ERP)) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/ general population limit ( as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/ occupational limit ( as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. 8. Acoustic Analysis. A written report that analyzes acoustic levels for the proposed wireless facility and all associated equipment including without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators in order to demonstrate compliance with Chapter 8. 32 ( Noise Control). The acoustic analysis must be prepared and certified by an engineer and include an analysis of the manufacturers' specifications for all noise- emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of a written report, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits. 9. Section 6409( a) Justification Analysis. A written statement that explains in plain factual detail whether and why Section 6409( a) and the related FCC regulations at 47 C. F. R. 1. 40001 et seq. require approval for the specific project. A complete written narrative analysis will state the applicable standard and all the facts that allow the City to conclude the standard has been met— bare conclusions not factually supported do not constitute a complete written analysis. As part of this written statement the applicant must also include ( i) whether and why the support structure qualifies as an existing tower or existing base station; and ( ii) whether and why the proposed collocation or modification does not cause a substantial change in height, width,

excavation, equipment cabinets, concealment or permit compliance. C. Procedures for a Duly Filed Application. The City shall not review any application unless duly filed in accordance with the provisions in this Section 18. 94. 050( c). 1. Pre- Submittal Conference. Before application submittal, applicants must schedule and attend a pre- application meeting with City staff for all proposed modifications submitted for approval pursuant to Section 6409( a). The pre- submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the

appropriate project classification, whether the project qualifies for Section 6409( a); any including latent issues in connection with the existing tower or base station; potential concealment issues if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged ( but not required) to bring any draft applications or other materials so that City staff may provide informal feedback about whether such applications or other materials may be incomplete or unacceptable. The Zoning Administrator may, in the Zoning Administrator' s discretion, grant a written exemption to the submittal appointment under Section 18. 94. 050( c)( 2) and/ or for a specific requirement for a complete application to any

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applicant who ( i) schedules, attends and fully participates in any pre-submittal conference and ( ii) shows to the Zoning Administrator' s satisfaction that such specific requirement duplicates information already provided in other materials to be submitted or is otherwise unnecessary to the City' s review under facts and circumstances in that particular case. Any written exemption will be limited to the project discussed at the pre- submittal conference and will not be extended to any other project. 2. Submittal Appointment. All applications must be filed with the City at a pre- scheduled appointment. Applicants may generally submit one application per appointment, but may schedule successive appointments for multiple applications whenever feasible and not application received without an appointment, whetherprejudicial to other applicants. Any delivered in- person or through any other means, will not be considered duly filed unless the applicant received a written exemption from the Zoning Administrator at a pre-submittal conference. 3. Appointment Scheduling Procedures. For any event in the submittal process that requires an appointment, applicants must submit a written request to the Zoning Administrator. The Zoning Administrator shall endeavor to provide applicants with an appointment as soon as reasonably feasible and within five business days after a written request is received. D. Applications Deemed Withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the City within 90 calendar days after the City deems the application incomplete in a written notice to the applicant. The Zoning Administrator may, in the Zoning Administrator' s discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant' s reasonable control will be considered good cause to grant the extension. E. Departmental Forms, Rules and Other Regulations. The City Council authorizes the Zoning Administrator to develop and publish permit application forms, checklists, informational handouts and other related materials that the Zoning Administrator finds necessary, appropriate or useful for processing requests for Section 6409( a) approvals. Without further authorization from the City Council, the Zoning Administrator may from time-to-time update and alter any such permit application forms, checklists, informational handouts and other related materials as the Zoning Administrator deems necessary, appropriate or useful to respond to regulatory, technological or other changes related to this Chapter. The City Council authorizes the Zoning Administrator to establish other reasonable rules and regulations, which may include without limitation regular hours for appointments with applicants, as the Zoning Administrator deems necessary or appropriate to organize, document and manage the application intake process. All such rules and regulations must be in written form and publicly stated to provide applicants with prior notice. Ord. No. 2017- 7, Added, 5/ 9/ 17)

Section 18. 94. 060 Decisions

A. Administrative Review; Decision Notices. The Zoning Administrator shall

administratively review an application for a Section 6409( a) approval and may act on such an application without prior notice or a public hearing. Within five working days after the Zoning Administrator conditionally approves or denies an application submitted for approval pursuant to Section 6409( a) or before the FCC timeframe for review expires ( whichever occurs first), the Zoning Administrator shall send a written notice to the applicant. In the event that the Zoning Administrator determines that an application submitted for approval pursuant to Section 6409( a) does not qualify for approval, the Zoning Administrator will send written notice to the applicant that includes the reasons to support the approval authority' s decision and states that the

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application will be automatically denied without prejudice on the 60th day after the date the application was filed unless the applicant withdraws the application. B. Required Findings for Approval. The Zoning Administrator may approve or conditionally approve an application submitted for approval pursuant to Section 6409( a) when it finds that the proposed project: 1 . Involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and 2. Does not substantially change the physical dimensions of the existing wireless tower or base station. C. Criteria for Denial Without Prejudice. Notwithstanding any other provisions in this Chapter, and consistent with all applicable federal laws and regulations, the Zoning Administrator may deny without prejudice an application submitted for approval pursuant to Section 6409( a) when it finds that the proposed project: 1 . Does not satisfy the criteria for approval; 2. Violates any legally enforceable standard or permit condition reasonably related to public health and safety then in effect; or 3. Involves the replacement of the entire support structure. D. Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this Chapter is intended to limit the City' s authority to conditionally approve an application for a Section 6409( a) approval to protect and promote the public health, safety and welfare. E. Appeals. Any applicant may appeal a decision by the Zoning Administrator' s decision to deny without prejudice a Section 6409( a) application. The appeal must be filed within 10 days from the Zoning Administrator' s decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager shall serve as the appellate authority for all appeals of all actions of the Zoning Administrator taken pursuant to this Chapter. The City Manager shall limit its review to whether the project should be approved or denied in accordance with the provisions in Section 18. 94. 060( b)-( c). The decision of the City Manager shall be final and not subject to any further administrative appeals. Ord. No. 2017- 7, Added, 5/ 9/ 17)

Section 18. 94. 070 Standard Conditions of Approval

In addition to all other conditions adopted by the approval authority, all special use permits and minor use permits, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this Section 18. 94. 070. The approval authority shall have discretion to modify or amend these conditions on a case- by- case basis as may be necessary or appropriate under the circumstances to allow for the proper operation of the approved facility consistent with the goals of this chapter. A. Permit Term. The City' s grant or grant by operation of law of a Section 6409( a) approval constitutes a federally- mandated modification to the underlying permit or other prior regulatory authorization for the subject tower or base station. The City' s grant or grant by operation of law of a Section 6409( a) approval will not extend the permit term, if any, for any minor use permit, special use permit or other underlying prior regulatory authorization. Accordingly, the term for a Section 6409(a) approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station. B. Accelerated Permit Terms Due to Invalidation. In the event that any court of competent jurisdiction invalidates any portion of Section 6409( a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any Section 6409( a) approval( s), such approval( s) shall automatically expire one year from the effective date of the

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judicial order, unless the decision would not authorize accelerated termination of previously approved Section 6409(a) approvals or the Zoning Administrator grants an extension upon written request from the permittee that shows good cause for the extension, which includes without limitation extreme financial hardship. Notwithstanding anything in the previous sentence to the contrary, the Zoning Administrator may not grant a permanent exemption or indefinite extension. A permittee shall not be required to remove its improvements approved under the invalidated Section 6409( a) approval when it has submitted an application for either a minor use permit or special use permit for those improvements before the one- year period ends. C. No Waiver of Standing. The City' s grant or grant by operation of law of a Section 6409(a) approval does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409( a) approval. D. Approved Plans. Before the permittee submits any applications to the Building Division, the permittee must incorporate this Section 6409( a) approval, all conditions associated with this Section 6409( a) approval and the approved photo simulations into the project plans ( the Approved Plans"). The permittee must construct, install and operate the wireless facility in strict compliance with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Zoning Administrator' s prior review and approval, who may revoke the Section 6409( a) approval if the Zoning Administrator finds that the requested alteration, modification or other change may cause a substantial change as that term is defined by the FCC in 47 C. F. R. §

1. 40001( b)( 7), as may be amended. E. Build- out Period. This Section 6409( a) approval will automatically expire one year

from the issuance date unless the permittee obtains all other permits and approvals required to install, construct and/ or operate the approved wireless facility, which includes without limitation any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The Zoning Administrator may grant one written extension to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition. F. Maintenance Obligations; Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the Approved Plans and all conditions in this Section 6409(a) approval. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. G. Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law Laws") applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this Section 6409( a) approval. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee' s obligations to maintain compliance with all Laws. H. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee' s construction, installation, operation, modification, maintenance, repair, removal and/ or other activities at the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or

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other work that involves heavy equipment or machines on ( 1) any weekday or Saturday between 7 PM and 7 AM or ( 2) any Sunday or holiday. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Zoning Administrator or the Zoning Administrator' s designee may issue a stop work order for any work that violates this condition. I. Noise Complaints. The permittee shall conduct all activities on the site in compliance with the ambient noise standards in Chapter 8. 32 applicable to the zone. In the event that any person files a noise complaint and the City verifies that such complaint is valid, the permittee must remedy the violation within 10 days after notice from the City, which may include a demonstration that the permittee has amended its operational guidelines in situations where the violation arises from the permittee' s personnel rather than the permittee' s equipment. J. Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City or its designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the City or its designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the City or its designee while such inspection or emergency access occurs. K. Contact Information. The permittee shall furnish the Planning Division with accurate and up-to- date contact information for a person responsible for the wireless facility, which includes without limitation such person' s full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up- to- date at all times. L. Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed shall defend, indemnify and hold harmless the City, its agents, officers, officials, employees and volunteers from any and all ( 1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other or its agents, officers, officials,actions or proceedings (" Claims") brought against the City employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City's approval of this Section 6409( a) approval, and ( 2) other Claims any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee' s or its agents', directors', officers', employees', contractors', subcontractors', licensees', or customers' acts or omissions in connection with this Section 6409( a) approval or the wireless facility. In the event the City becomes aware of any Claims, the City will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City' s defense, and the property owner and/ or permittee ( as applicable) shall promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee' s indemnification obligations under this condition are a material consideration that motivates the City to approve this Section 6409( a) approval, and that such indemnification obligations will survive the expiration or revocation of this Section 6409( a) approval. M. Performance Bond. Before the Building Official issues any construction permit in connection with the wireless facility, the permittee shall post a performance bond from a surety and in a form acceptable to the City Manager in an amount equal to or greater than a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations,

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whether above ground or below ground, constructed or installed in connection with the wireless facility. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code § 65964( a), the City Manager shall take into consideration information provided by the permittee regarding the cost to remove the wireless facility. N. Recall to the Approval Authority. The original approval authority may recall this Section 6409( a) approval for review at any time due to complaints about noncompliance with the Vista Development Code or any approval conditions. At a duly noticed public hearing and in accordance with all applicable laws, the approval authority may revoke this Section 6409( a) approval or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance. O. Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. Ord. No. 2017- 7, Added, 5/ 9/ 17)

Section 18. 94. 080 Compliance Obligations

An applicant or permittee will not be relieved of its obligation to comply with every

applicable provision in the Vista Development Code, any permit, any permit condition or any applicable law or regulation by reason of any failure by the City to timely notice, prompt or enforce compliance by the applicant or permittee. Ord. No. 2017- 7, Added, 5/ 9/ 17)

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Chapter 18. 96

Two-Unit Housing Developments

Sections:

18. 96. 010 Purpose and Intent
19. 96. 020 Applicability
20. 96. 030 Definitions
21. 96. 040 General Eligibility
22. 96. 050 Two-Unit Housing Developments —Zoning Standards
23. 96. 060 Two- Unit Housing Developments —Design Review Standards
24. 96. 070 Two- Unit Housing Developments — General Requirements and Restrictions
25. 96. 080 Two- Unit Housing Developments —Approval Process
26. 96. 010 Purpose and Intent

    The purpose of this chapter is to establish standards for two- unit housing developments, as specified by California Government Code Section 65852. 21, as adopted and amended by Senate Bill No. 9. The provisions of this ordinance shall supersede any other provision to the contrary in titles 17 or 18 of this code. It is not the intent of this ordinance to override any lawful use restrictions as may be set forth in Covenants, Conditions and Restrictions ( CC& Rs) of a common interest development. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

27. 96. 020 Applicability

        This chapter is applicable only to voluntary applications for a two- unit housing

development. Owners of real property or their representatives may continue to exercise rights for property development in conformance with the Vista Development Code. Development applications that do not satisfy the definition for a two-unit housing development provided herein shall not be subject to the standards in this chapter. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

18. 96. 030 Definitions

        In addition to the terms defined in Section 17. 04. 020 and Chapter 18. 02 of this code,

certain terms used in this chapter are defined as set forth in this section. Where a conflict between defined terms exists, terms shall apply in the following order of precedence: as defined in this section, as defined in Section 17. 04. 020 and then as defined in Chapter 18. 02.

Addition" means any construction which increases the size of a building or facility in

terms of coverage, height, length, width, or gross floor area.

Alteration" means any construction or physical change in the arrangement of rooms or

the supporting members of a building or structure or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure.

Existing Structure" means a lawfully constructed building that received final building

permit clearance prior to January 1, 2022, and which has not been expanded on or after January 1, 2022.

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Legal Parcel" shall have the same meaning as given for the term " lot" in Section

18. 2. 385 of the Zoning Code.

       Natural Grade" means the average existing elevation of datum points located at each

corner of a proposed primary dwelling unit, measured in feet above mean sea level ( AMSL).

Objective Design Review Standards" shall have the same meaning as given in Section 66411. 7( m)( 1) of the California Government Code.

Objective Subdivision Standards" shall have the same meaning as given in Section

66411. 7( m)( 1) of the California Government Code.

       Objective Zoning Standards" shall have the same meaning as given in Section

66412. 7( m)( 1) of the California Government Code.

       Public Transportation" means a high- quality transit corridor, as defined in subdivision ( b) of Section 21155 of the California Public Resources Code ( PRC), or a major transit stop, as defined in Section 21064. 3 of the PRC.

       Single- Family Residential Zone" means a R- 1- B, R- 1, or E- 1 zoning district, as specified in the Zoning Code, or any specific plan area that permits single-family residential as the primary land use.

Two Unit Housing Development" means a development with no more than two primary

dwelling units on a single parcel located within a single- family residential zone as authorized by Section 65852. 21 of the California Government Code.

Urban Lot Split" means a ministerial application for a parcel map to subdivide an

existing legal parcel located within a single- family residential zone into two parcels, as authorized by Section 66411. 7 of the California Government Code.

Yard" means the open space formed by the required building setbacks.

Zoning Code" means Title 18 of the Vista Development Code.

Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

18. 96. 040 General Eligibility

    A two- unit housing development may only be created on parcels satisfying all of the following general requirements: A. Zoning District. A parcel that is located within a single-family residential zone. B. Legal Parcel. A parcel which has been legally created in compliance with the

Subdivision Map Act ( Government Code Section 66410 et seq) and Title 17 of this code, as applicable at the time the parcel was created. The City Engineer may require a certificate of compliance to verify conformance with this requirement. C. Farmland. A parcel that is not located on either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation,

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or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of the City of Vista. D. Wetlands. Parcel is not located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 ( June 21, 1993). E. Very High Fire Hazard Severity Zone. Parcel is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to California Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision ( b) of Section 51179 of the California Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. F. Hazardous Waste Site. Parcel is not identified as a hazardous waste site that is listed pursuant to California Government Code Section 65962. 5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the California Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. G. Earthquake Fault Zone. Parcel is not located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2. 5 ( commencing with Section 18901) of Division 13 of the California Health and Safety Code), and by any local building department under California Government Code Chapter 12. 2 ( commencing with Section 8875) of Division 1 of Title 2. H. Special Flood Hazard Area. Parcel is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood ( 100- year flood) as determined by the Federal Emergency Management Agency ( FEMA) in any official maps published by FEMA. Notwithstanding the foregoing, a development may be located on a site described in this section if either of the following are met: 1. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the City. 2. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 commencing with Section 59. 1) and Part 60 ( commencing with Section 60. 1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. 1. Regulatory Floodway. Parcel is not located within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the development has received a no- rise certification in accordance with Section 60. 3( d)( 3) of Title 44 of the Code of Federal Regulations. J. Conservation Lands. Parcel is not identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act ( Chapter 10 ( commencing with Section 2800) of Division 3 of the California Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 ( 16 U. S. C. Sec. 1531 et seq.), or other adopted natural resource protection plan. K. Habitat for Protected Species. Parcel is not identified as habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 ( 16 U. S. C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1. 5 commencing with Section 2050) of Division 3 of the California Fish and Game Code), or the

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Native Plant Protection Act ( Chapter 10 ( commencing with Section 1900) of Division 2 of the California Fish and Game Code). L. Conservation Easement. Parcel is not located on lands under conservation easement. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

18. 96. 050 Two-Unit Housing Developments —Zoning Standards

The following objective zoning standards supersede any other standards to the contrary that may be provided in the Zoning Code or an approved specific plan, as they pertain to a two- unit housing development under Section 65852.21 of the California Government Code. Two- unit housing developments shall be constructed in accordance with the following objective zoning standards, except as provided in Section 18. 96. 080. D of this code. A. Air Conditioning Units. Air conditioning units and similar equipment such as generators, heating, and ventilation equipment shall be ground mounted, screened from public view, and set back at least three feet from the property line. B. Building Height. No building or structure shall exceed two stories or 35 feet, whichever is less. C. Driveways. Each parcel shall include a single driveway satisfying the following requirements: 1. A minimum width of 16 feet. The driveway shall be unobstructed from the public street to the residential building. 2. A minimum depth of 20 feet measured from the front property line. 3. Entirely paved with concrete or pavers meeting Fire Department specifications as applicable. All other surfacing materials, including but not limited to gravel, decomposed granite, and asphalt are prohibited, as are circular driveways. 4. Only a single driveway curb cut shall be permitted per parcel, designed in accordance with the City' s Standard Specifications and Details for Public Works Construction. D. Fences and Walls. All fencing and walls shall comply with Section 18. 58.370 of the Zoning Code. E. Front Yard Paving. No more than 50 percent of the front yard setback area shall be paved, inclusive of driveways and walkways, irrespective of the permeability of the paving materials. F. Grading. A grading and drainage plan prepared by a registered civil engineer shall be required for any two-unit housing development involving land disturbance activity, except for the activities described in Section 17. 56. 060. A through K of the Development Code. G. Landscaping Requirement. Street trees shall be provided on each parcel and slope areas exceeding a slope ratio of 4: 1 shall be landscaped, as follows: 1. Street Trees. Street trees shall be provided along any public or private street fronting the parcel according to the following standards: a. Street trees shall be spaced at 25 to 35 feet on center. b. A minimum tree size of 24- inch box shall be required. C. The selected street tree species shall be uniform throughout the site and shall match street trees that may be adjacent to the site. Street trees may not be invasive species as specified in the California Invasive Plant Council ( Cal- IPC) Inventory. d. Root barriers shall be provided for all street trees. 2. Slope Landscaping. Slope areas with a slope ratio of 4: 1 or greater shall be landscaped as follows: a. One 15- gallon tree per 500 square feet and one 5- gallon tree per 1, 000 square feet.

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b. One 1- gallon shrub per 100 square feet and one 5- gallon shrub

per 200 square feet. C. Groundcover shall be planted from liners or flats at 12 inches on center or 1 gallon at 24 inches on center. d. Reinforced straw matting shall be used for erosion control purposes, or as specified in an approved grading and drainage plan. Approved erosion control materials shall cover all slope areas prior to planting. H. Lighting. New exterior lighting fixtures shall be down shielded and oriented away from adjoining properties. I. Lot Coverage. The minimum lot coverage shall be determined as follows: all main buildings and accessory buildings and structures and any areas used for required driveway, private alleys or required parking space shall not cover more than 60 percent of the area of the lot or building site. For purposes of this section, " lot coverage" shall be considered to include all porches, balconies, breezeways, patio roofs, eaves and awnings. Lot coverage shall not include fences, walls, uncovered patio slabs or uncovered swimming pools. J. Parking. One off-street parking space per primary dwelling unit, with minimum dimensions of 9 feet in width by 19 feet in depth and that is located on a paved or all- weather surface shall be required. Notwithstanding the foregoing, no parking shall be required if the parcel is either: ( i) located within one- half mile walking distance of Public Transportation; or (ii) within one block of a car share vehicle. K. Setbacks. Two- unit housing developments shall be subject to the setback and building separation requirements of Table 1- 1 ( Setback Requirements) below:

Table 1- 1 — Setback Requirements
Setback Requirement'
Front3 20 feet
Property Line Sides 4 feet
Setbacks'
Rear 4 feet
Separation between
Buildings' All sides 5 feet

1. Building structure projections are permitted within property line setbacks in accordance
with Section 18. 58. 290 of the Zoning Code.
2. No setback shall be required for an existing structure, or a structure constructed in the same
location and to the same dimensions as the existing structure.
3. Front setbacks on roadways included in the Circulation Element of the General Plan shall
be measured from ultimate the right- of-way of the roadway.
4. A lack of separation between buildings shall not be used to deny an application provided
that the structures meet building code safety standards and are sufficient to allow separate

conveyance.

Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

18. 96. 060 Two- Unit Housing Developments — Design Review Standards

    The following objective design review standards apply to construction of any new primary dwelling units and to any addition and/ or alteration to an existing primary dwelling unit as part of a two- unit housing development, except as provided in Section 18. 96.080. D of this code.

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A. Building Materials. The primary exterior siding material for primary dwelling units shall be wood, stone, brick, stucco, fiber cement, or composite wood. Plywood and corrugated metal are prohibited as a finish material. B. Building Colors. Each primary dwelling unit shall incorporate at least two colors, inclusive of trim, but not more than four colors. Paint shall be uniformly applied to wall surfaces and no more than one paint color shall be applied per wall ( exclusive of trim). C. Foundation. Each primary dwelling unit shall be placed on a permanent foundation. No wheeled, mobile, or movable structures are permitted as dwelling units. D. Roof Materials. No more than one roofing material shall be used, limited to asphalt composite shingles, photovoltaic shingles, standing seam metal, clay tile, concrete tile, and slate shingles. All other roofing materials are prohibited. E. Rooftop Decks. Rooftop terraces or decks are prohibited. F. Stairways. Exterior stairways are prohibited. Stairways necessary to access a dwelling unit located on a second floor shall be entirely enclosed within the structure and included within the allowable floor area of the dwelling unit which it serves. G. Windows. Window materials and colors shall be consistent on all elevations. H. Utilities. Gas and electric meters and connections to gas and electric meters e. g., connections to rooftop solar panels) shall be located on exterior sidewalls adjacent to interior side property lines. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

18. 96. 070 Two-Unit Housing Developments —General Requirements and Restrictions

The following requirements and restrictions apply to all two- unit housing developments, inclusive of existing and new primary dwelling units. A. Accessory Dwelling Units and Junior Accessory Dwelling Units. The following number and type of dwelling units are allowed: 1. No more than two total units on each parcel, including accessory dwelling units and junior accessory dwelling units that accompany a primary dwelling unit, shall be allowed on parcels that have been created by an urban lot split pursuant to state law and Chapter 17. 86 of this code. 2. No more than four dwelling units on a parcel, including accessory dwelling units and junior accessory dwelling units that accompany a primary dwelling unit, shall be allowed on a parcel that has solely utilized the two- unit housing development provisions pursuant to state law and this chapter. 3. No accessory dwelling unit or junior accessory dwelling unit shall be allowed on parcels that are developed using both the two- unit housing development and urban lot split provisions pursuant to state law, this chapter and Chapter 17. 86 of this code. B. Dwelling Unit Type. The primary dwelling units comprising a two- unit housing development may take the form of detached single- family dwellings, attached townhomes, and/ or duplexes. A duplex may consist of two dwelling units in a side- by- side or front- to- back configuration within the same structure or one dwelling unit located atop of another dwelling unit within the same structure. C. Building and Fire Codes. The International Building Code ( Building Code) and the 2019 California Fire Code and the 2018 International Fire Code ( together, Fire Code), as adopted by Title 16 of the Vista Development Code, respectively, apply to all two- unit housing developments. D. Storm Water Management. Storm water runoff from impervious surfaces shall be directed to vegetated areas on the parcel and shall not drain onto adjacent parcels as specified by Chapter 13. 18 of this code (Storm Water Management and Discharge Control Program), and as demonstrated by a drainage and grading plan prepared by a registered civil engineer.

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E. Water Meter( s) and Sewer Cleanout( s). Existing and proposed water meter( s) and sewer cleanout( s) shall be relocated and/ or installed on the parcel containing the units they serve. F. Encroachment Permit. Separate encroachment permit( s) for the installation of utilities to serve a two- unit housing development shall be required. Applicants shall apply for and pay all necessary fees for encroachment permits to accommodate any utility connections in the public right-of-way including, but not limited to sanitary sewer, gas, water and electrical utilities. G. Impact Fees. The following development impact fees shall be paid prior to issuance of a building permit, unless otherwise specified, for any residential dwelling unit that is part of a two- unit housing development. Impact fees shall be charged upon the development of an accessory dwelling unit in accordance with California Government Code Section 65852. 2( e)( 3). 1. Drainage Fee. A fee for planned local drainage facilities pursuant to Vista Development Code Chapter 17. 40 ( Drainage Fees). 2. Fire Protection Development Fee. A fee for future fire protection facilities pursuant to Vista Development Code Chapter 17. 60 ( Development Impact Fees). 3. Park Fee. A fee in- lieu of parkland dedication pursuant to Vista Development Code Chapter 17. 32 ( Park and Recreational Dedications) shall be paid prior to recordation of the parcel map. 4. Public Facilities Fee. A fee for future public facilities pursuant to Vista Development Code Chapter 17. 60 ( Development Impact Fees). 5. School Fee. Applicable school fees shall be paid to the Vista Unified School District pursuant to California Education Code Section 17620 and California Government Code Section 65995. 6. Sewer Fee. A sewer capacity charge pursuant to Vista Municipal Code Chapter 14. 06 ( Sewer Capacity Charge). 7. Streets and Signal Development Impact Fee. A fee for future street and traffic signal improvements pursuant to Development Code Chapter 17. 60 ( Development Impact Fees). H. Restrictions on Demolition. Two- unit housing developments shall not require demolition or alteration of any of the following types of housing, except as otherwise provided in this subsection: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons of moderate, low or very low income. 2. Housing that is subject to any form of rent or price control through a public entity' s valid exercise of police power. 3. Housing that has been occupied by a tenant in the past three years. Housing with no tenants in the past three years is limited to demolition of 25 percent of walls. I. Owner's Rights. The parcel subject to the is not a parcel or parcels on which an owner of residential real property has exercised the owner' s rights under Chapter 12. 75 commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. J. Short- Term Rentals. Leases for durations of 30 days or less, including short- term rentals are prohibited for dwelling units in two- unit housing developments. The Community Development Director shall require recordation of a deed restriction documenting this requirement prior to issuance of a building permit for a two- unit housing development. K. Subdivision and Sales. Except for the allowance for an urban lot split or a subdivision that is otherwise permitted under the Subdivision Map Act (California Government Code Section 66410 et seq) and Title 17 of this code, no subdivision of land or air rights is

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created in association with a two- unit housing development, including creation of a stock cooperative or similar common interest ownership arrangement. A parcel developed solely utilizing the two- unit housing development provisions under this chapter is prohibited from selling or otherwise conveying a single primary dwelling unit separate from the other primary dwelling unit. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

18. 96. 080 Two-Unit Housing Developments —Approval Process

    Applications for two-unit housing developments shall be submitted and processed in compliance with the following requirements. A. Application Type. Two- unit housing developments shall be reviewed ministerially

by the Community Development Director through consideration of a zoning clearance in compliance with Chapter 18. 71 the Zoning Code. B. Application Filing. A zoning clearance application for a two- unit housing development, including the required application materials and fees, shall be filed with the Community Development Department. C. Building Permits. Issuance of a zoning clearance shall be required prior to acceptance of an application for building permits for the new and/ or altered primary dwelling units comprising the two-unit housing development. D. Application of Objective Standards. Pursuant to California Government Code Section 65852. 21( b)( 2), the Community Development Director shall not impose objective zoning standards, objective subdivision standards, or objective design review standards that would have the effect of physically precluding the construction of up to two primary dwelling units on either of the resulting parcels or that would result in a unit being a size of less than 800 square feet. E. Denial. The Community Development Director may deny a two- unit housing development project that meets the requirements and restrictions of this chapter only if the Building Official makes a written finding, based upon a preponderance of evidence, that the two- unit housing development would have a specific, adverse impact, as defined and determined in California Government Code Section 65589. 5( d)( 2), upon public safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Appeals. As specified in Section 18. 71. 040 of the Zoning Code, zoning clearances are ministerial and are not appealable. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

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Chapter 18.98

By Right Approval