Vista Municipal Code § 18.98 By Right Approval

This chapter specifies the review and approval process for residential uses entitled to review as a “use by right” as defined in Government Code Section 65583. 2, relating to the inventory of land suitable for residential development to meet the City’s Regional Housing Needs Assessment ( RHNA). State law requires that certain housing development projects be approved as a use by right if at least twenty ( 20) percent of the units are affordable to lower- income households. In enacting this chapter, it is the intent of the City of Vista to implement state law as well as achieve the goals, objectives, and policies of the City’s Housing Element of the General Plan. Ord. No. 2024-07, Enacted, 09/24/2024)

Affordable” has the same meaning as provided in Health and Safety Code Section 50053 as to rental units and Section 50052.5 as to ownership units.

Housing development project” has the same meaning as provided in Government Code

Section 65589.5(h)(2), which is a use consisting of any of the following: ( i) residential units only; ii) mixed- use developments consisting of residential and nonresidential uses with at least two- thirds of the square footage designated for residential use; or (iii) transitional housing or supportive housing.

Lower- income households” has the same meaning as provided in Health and Safety

Code Section 50079. 5.

Regional Housing Needs Assessment” or “RHNA” means the process mandated by

state housing law as part of the periodic process of updating the General Plan Housing Element that quantifies the need for housing within each jurisdiction during specific planning periods.

Sites Inventory” means the inventory of sites in the City suitable for residential

development that is included in the City’s Housing Element, as further described in Government Code Section 65583. 2.

Use by right” means that the local government’ s review of the project may not require a

conditional use permit, planned development permit, or other discretionary local government review or approval that would constitute a “project” under the California Environmental Quality Act as defined in Government Code Section 65583. 2. Any subdivision of the sites shall be

18.98 (1) ( Vista 10/24/24)

Vista Municipal Code

subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. Ord. No. 2024-07, Enacted, 09/24/2024)

Notwithstanding any other provision of the Development Code, a housing development project in which at least twenty (20) percent of the units are affordable to lower-income households shall be a use by right, and permitted to develop at the applicable minimum density described in Government Code Section 65583. 2(c)(3), on the following sites: A. Nonvacant sites that meet the following requirements: 1. The site is designated in the Sites Inventory of the City’s current adopted Housing Element as accommodating a portion of the RHNA for lower- income households; 2. The site was listed in the Sites Inventory in a Housing Element for a prior Housing Element planning period; and 3. The site was not approved to develop a portion of the City’s housing need during the previous planning period when the site was in the Sites Inventory. B. Vacant sites that meet the following requirements: 1. The site is designated in the Sites Inventory of the City’s current adopted Housing Element as accommodating a portion of the RHNA for lower- income households; 2. The site was listed in the Sites Inventory in a Housing Element for two or more consecutive prior Housing Element planning periods; and 3. The site was not approved to develop a portion of the City’s housing need during the previous planning period when the site was in the Sites Inventory. Ord. No. 2024-07, Enacted, 09/24/2024)

A. The process for by right approval for eligible housing development projects under this chapter is a ministerial zoning clearance pursuant to Chapter 18.71 of the Development Code. Prior to submission of a zoning clearance application, the applicant shall participate in a no fee pre-application review with a multi-disciplinary City review team to discuss project components and requirements. B. The zoning clearance application shall be reviewed by the Community Development Director or their designee for conformance with objective standards, including but not limited to those established by the General Plan, applicable Specific Plans, Zoning Code, the City’s adopted objective design review standards, and applicable standard conditions of approval. The Community Development Director or their designee shall ministerially issue the zoning clearance if the application complies with all applicable objective standards. C. As provided by Government Code Section 65583.2(i), by right approvals pursuant to this section are exempt from the California Environmental Quality Act. Ord. No. 2024-07, Enacted, 09/24/2024)

A regulatory agreement shall be recorded against any eligible housing development project approved by right under this chapter. The agreement shall be recorded at the earliest time possible, but in all events, prior to issuing a building permit. The regulatory agreement shall be in a form approved by the City Attorney, with an affordability period for a minimum of 45 years for privately financed projects and 55 years for publicly financed projects. Ord. No. 2024-07, Enacted, 09/24/2024)

18.96 (2) ( Vista 10/04/22)

Vista Municipal Code