Vista Municipal Code § 8.60 Weed and Rubbish Abatement Procedures

WEEDS, RUBBISH ABATEMENT COSTS Assessment, statutory provisions adopted

WEEDS, RUBBISH ABATEMENT COSTS REPORT, ACCOUNT Hearing, procedure 8.60.100 Hearing, setting 8.60.090 Preparation 8.60.080

WELL See WATER WELL STANDARDS

WHOLESALE FOOD WAREHOUSES County Code regulations, by reference 8.10.010

WHOLESALER Business license tax 5.04.310

WRECKING YARD, JUNKYARD See also JUNK Applicability of provisions 5.88.010 Enforcement, authority 5.88.080 Fence required, exceptions 5.88.020 Operating, evidence 5.88.070

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Chapter 15. 04

Environmental Quality Regulations

Sections:

15. 4. 010 Purpose
16. 4. 020 Adoption of State Regulations
17. 4. 030 EIR Preparation Thresholds
18. 4. 040 City Responsibility for Environmental Assessment
19. 4. 050 Expiration of Environmental Determinations

Section 15. 04. 010 Purpose

The purpose of these environmental quality regulations (" EQR") is to implement the

California Environmental Quality Act ( CEQA) and CEQA Guidelines (" guidelines") for the City by applying the provisions and procedures contained in CEQA to development projects proposed within the city. Prior Code 31 B- 1; Ord. No. 89- 24, Added 6/ 12/ 89)

Section 15. 04. 020 Adoption of State Regulations

of the California Administrative Code, CEQA As permitted by Section 15022( d)

Guidelines, the City adopts the California Environmental Quality Act ( Division 13 of the Public Resources Code of the State of California, Section 21000 et seq.) and the State CEQA Guidelines, as amended, by reference. Whenever any provisions of the CEQA or the guidelines conflict with any provision of this chapter, CEQA, and the guidelines shall superseded this chapter. Prior Code 31 B- 2; Ord. No. 89- 24, Added 6/ 12/ 89)

Section 15. 04. 030 EIR Preparation Thresholds

The City Planner shall determine which projects require the preparation of an environmental impact report ( EIR), based on the magnitude or complexity of a project. Unless it can be demonstrated through extensive technical studies that no significant impacts are anticipated, the following projects are presumed to be sufficiently large and/ or complex so as to require the preparation of an EIR. A. Annexations over 200 acres. B. Commercial or industrial development projects proposing more than 250, 000 square feet of gross building floor area. C. Other development projects ( i. e., tentative subdivision maps, specific plans, general plan amendments, etc.) which contain more than 100 acres or propose more than 200 dwelling units. D. Notwithstanding the above thresholds, projects involving significant controversy or complexity may require the preparation of an EIR, based on the results of an initial study, pursuant to Section 15365 of the CEQA Guidelines. Prior code 31 B- 3; Ord. No. 89- 24, Added 6/ 12/ 89)

Section 15. 04. 040 City Responsibility for Environmental Assessment

A. In accordance with the provisions of Section 15084 of the guidelines, the City has

responsibility for, and control over, the form, scope, and contents of all documents comprising

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the environmental assessment of a project. All reports, studies or other documents prepared by or under the direction of an applicant, intended for inclusion in the environmental documents, shall be clearly identified as " Proponent' s Environmental Assessment," and shall set forth in detail the assumptions, and methodologies supporting any conclusions reached, or upon which any recommendations may be based. B. The City, at its sole discretion, may decide to utilize the services of a private consulting firm to prepare or review all studies, reports and other documents required or permitted guidelines, submitted proponent or any other party. In by the including those by the all cases, the consultant shall enter into a contract with, and is responsible directly to, the City. All contract services shall be performed to the satisfaction of the City Planner. C. All costs incurred in the preparation of the environmental documents, including the cost of services performed under Subsection ( B) of this section and City staff time, shall be borne by the proponent. D. Notwithstanding the limitations of Section 3. 08. 270, the City Manager is authorized to approve and execute or amend any contract with a consultant for the preparation of an environmental assessment with a value exceeding $ 25, 000 when ( 1) a project applicant agrees to reimburse the City for expenses incurred by the City in connection with the preparation of that environmental assessment, and ( 2) the consultant appears on a current list of persons or companies authorized by the City Council to perform environmental assessments on the City' s behalf, or is currently providing an environmental assessment for the City under an ongoing Council approved contract which requires amendment. Prior Code 31 B- 4; Ord. No. 89- 24, Added 6/ 12/ 89; Ord. No. 2002- 28, Amended, 1/ 14/ 03)

Section 15. 04. 050 Expiration of Environmental Determinations Prior Code 31 B- 5; Ord. No. 89- 24, Added 6/ 12/ 89; Ord. No. 97- 20, Repealed, 12/ 09/ 1997)

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Chapter 15.08

Collection of Recyclables

Repealed Ord. No 2021-12 and reenacted as Chapter 11.12 of Title 11 of the Vista Municipal Code, 01/01/2022.

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Chapter 15. 12

Historic Preservation

Sections:

15. 12. 010 Purpose and Intent
16. 12. 020 Boundaries and Areas of Application
17. 12. 030 Definitions
18. 12. 040 Environmental Review
19. 12. 050 Historic Preservation Commission
20. 12. 060 Register of Designated Historic Resources: Establishment; Criteria for Inclusion Therein
21. 12. 070 Historic Resource Designation Procedures
22. 12. 080 Certificates of Appropriateness: Applicability
23. 12. 090 Certificates of Appropriateness: Procedures and Levels of Review
24. 12. 100 Certificates of Appropriateness: Criteria for Approval
25. 12. 110 Historic Preservation Incentives: Historic Property Preservation Agreements
26. 12. 120 Historic Preservation Incentives: California Historic Building Code; Parking Reductions and Waivers; Exemption from Certain Limitations on Nonconforming Structures and Uses
27. 12. 130 Duty to Keep in Good Repair
28. 12. 140 Ordinary Maintenance and Repair
29. 12. 150 Existing Improvements
30. 12. 160 Appeals
31. 12. 170 Enforcement, Restitution and Penalties for Violation

Section 15. 12. 010 Purpose and Intent

In both the built environment and the written historical record, there exists considerable

evidence of the course of human settlement and activity in what now constitutes the City of Vista: from prehistoric Native American society to Spanish colonization, Mexican rule, American statehood, the transformation of ranching and dry farming into a diverse agricultural industry, and the eventual decline of agriculture in the face of suburban residential development. Acknowledging the role that historic preservation can play in promoting the harmonious, orderly and efficient development of the City, this chapter establishes a process by which to identify, protect, enhance, and encourage the viable use of resources that embody the historic, archaeological, cultural, architectural, and aesthetic heritage of the City, the state and the nation. With the fundamental purpose of enacting a practical and sustainable historic preservation program, this chapter establishes procedures and standards intended to: A. Carry out the goals and policies of the General Plan. B. Safeguard the City' s historic heritage as embodied and reflected in its historic resources and historic areas. C. Stabilize and improve property values. D. Preserve the City's unique visual character. E. Foster awareness of significant figures, events, and accomplishments in the City' s history. F. Strengthen the local economy by promoting tourism and providing an attractive environment for business and industry.

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G. Protect and enhance both public and private amenities for residents, visitors and the workforce. H. Encourage adaptive reuse and other sustainable development practices. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 020 Boundaries and Areas of Application

This chapter applies to all historic resources publicly and privately owned within the

corporate limits of the City. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 030 Definitions

Whenever the following words or terms are used in this chapter they shall have the meaning established by this section. Alteration" means any change or modification through public or private action of any historic resource or of any property with a historic designation, including, but not limited to, exterior changes to, or modifications of, a resource or any of its architectural details or visual characteristics, paint color and surface texture, grading surface, paving, new including: structures, cutting or removal of trees and other natural features, disturbances of archaeological sites or areas, and the placement or removal of any objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, and landscape accessories affecting the historic qualities of the property. Archaeological site" means a surface or subsurface area where remains of humans or their activities prior to keeping of history are still evident. Certificate of appropriateness" means a certificate issued by the City approving such plans, specifications, design, or statements of work for any proposed alteration, restoration, construction, removal, relocation, or demolition, in whole or in part, of or to a historic resource or to any improvement on a property with a historic designation. Commission" means the Planning Commission acting as the Historic Resource Commission. Exterior architectural feature" means the architectural style, design, general arrangement, components, natural features and all the outer surfaces of the resource including, but not limited to, the kind and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, and other appurtenant fixtures, and the natural form and appearance of any grade, rock, body of water, stream, tree, plant, shrub, road, path, walkway, plaza, fountain, sculpture, or other form of natural or artificial landscaping. Historic Context Statement" means the City- adopted document that provides an overview of the City' s history and identifies property types associated with defining cultural themes and patterns of development. The Historic Context Statement is the basis for formal decisions regarding the identification, evaluation, registration, and treatment of historic properties. Historic resource" means: A. A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources. B. A resource included in a local register of historical resources or identified as significant in a historical resource survey. C. Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant on the basis of the criteria for listing on the California Register of Historical Resources.

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D. Such additional resources, if any, that are defined as historical resources for

purposes of the California Environmental Quality Act. maintenance" Ordinary means any repair, cleaning, painting, or other improvement which does not result in a discernible visual alteration of a historic resource. Paleontological site" means a surface or subsurface area where fossilized or

otherwise preserved remains of plants or animals which generally predate man' s emergence on the earth are still evident. Person" means any individual, association, partnership, firm, corporation, public agency, or political subdivision. Secretary of the Interior' s Standards for the Treatment of Historic Properties" means the Secretary of the Interior Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings. Site" means any parcel or portion of real property which has special character or special historic, cultural, archaeological, architectural, community, or aesthetic value. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 040 Environmental Review

In connection with any environmental review process occurring under the California

Environmental Quality Act, the City will evaluate the historical significance of any feature of the built environment found to be more than 45 years old where a proposed project would result in its alteration or removal. This review and assessment shall occur whether or not the potential historic resource is officially designated as such at the local, state, or federal level. If, such environmental review determines that the resource is of historic significance, the provisions of Section 15. 12. 090 must be satisfied before any project may proceed which has the potential to adversely affect such resource. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 050 Historic Preservation Commission

The City Planning Commission is hereby established as the Historic Preservation

Commission of the City of Vista. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 060 Register of Designated Historic Resources: Establishment; Criteria for Inclusion Therein

The City of Vista Register of Designated Historic Resources shall develop over time as

resources worthy of historic designation are identified, evaluated, and registered through the application and review procedures outlined in Section 15. 12. 070. A. Potential historic resources shall only be considered for inclusion in the Register upon formal application by the legal owner of the potential resource. B. A potential resource will then be considered for inclusion in the register on the basis of one or more of the following: 1. Its association with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. 2. Its association with the lives of persons important to local, California, or national history.

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3. Its embodiment of the distinctive characteristics of a type, period, region,

or method of construction; its representation of the work of a master; or its signification of high

artistic values. 4. Its potential to yield information important to the prehistory or history of the local area, California, or the nation. C. In addition to meeting one or more of the above criteria, a potential resource must also retain enough of its historic character or appearance ( i. e. integrity) to be recognizable as a historic resource and to convey the reasons for its significance. D. The evaluation of potential historic resources shall be guided by a Historic Context Statement, as adopted and updated pursuant to Section 15. 12. 060( B)( 3). Prepared in accordance with the Secretary of the Interior' s Guidelines for Preservation Planning, the Historic Context Statement shall assist decision- makers in determining whether or not candidates for historic designation are representative of property types associated with locally significant themes and patterns of development. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 070 Historic Resource Designation Procedures

Following formal application by the property owner, a potential historic resource may be designated as such and thereby included in the Register of Designated Historic Resources in the following manner: A. An application for historic designation shall be filed with the Planning Division upon prescribed forms and shall include the following data: 1. The name and address of the property owner and the assessor parcel number and address of site where the potential resource is located. 2. Narrative that demonstrates how the potential resource meets one or more of the criteria for inclusion established in Section 15. 12. 060. 3. Relevant sketches, photographs, or drawings. 4. Assessment of the current condition of the potential resource, by means of an Architectural Resource Maintenance Report ( ARMR). 5. Listing of any known threats to the preservation or rehabilitation of the potential resource. 6. Plot plan in appropriate scale, listing the subject property' s legal description as well as its existing land use and zoning designations. 7. Listing of all existing and proposed land uses on the subject property. 8. Bibliography of any known written material that makes reference to the potential resource. 9. Chain of title, building records, photographs, as available. 10. Written consent to historic designation signed by the owner( s) of the subject property. B. An application for historic designation shall be processed in accordance with the Permit Streamlining Act ( California Government Code Section 65920, et seq). All time frames and processing periods set forth in this Chapter are directory only, except to the extent that a time frame or processing period is mandatory with respect to a charter city pursuant to state law. C. A notice of an application for historic designation shall be forwarded to the Building Division and no building or demolition permits for any alteration to any exterior feature of the proposed resource shall be issued while the matter is pending final decision. D. The City, at its sole discretion, may decide to utilize the services of a specialized consultant to prepare or review studies, reports, or other documents pertaining to the eligibility

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of a property to meet applicable historic preservation standards. All costs incurred in the preparation of such materials shall be borne by the applicant. E. Following receipt of a complete application, the Planning Division staff shall, on the basis of the criteria outlined in Section 15. 12. 060, prepare and forward to the Planning Commission an evaluation of the potential resource' s eligibility for designation. F. The Commission shall then by resolution either: a) enter the resource into the Register of Designated Historic Resources; or b) determine that the resource does not warrant such designation. G. Within 30 days of a resource' s induction into the Register of Designated Historic Resources, the owner of the designated resource shall cause the resolution approving the resource' s induction to be recorded with the County of San Diego. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 080 Certificates of Appropriateness: Applicability

A. Without first obtaining a certificate of appropriateness as provided for in this

chapter, it is unlawful for any person to alter, remove, or relocate any improvement or any portion thereof which is: ( 1) designated as a historic resource; or ( 2) found to be of historic significance in the course of the environmental review process. B. Unless a certificate of appropriateness has been previously or concurrently issued as provided for in this chapter, no board, department, or commission shall grant any permit to carry out work on any property described in paragraph A. C. No permit is necessary for ordinary maintenance of such properties, or if the proposed work will not alter or change the style, color, design features, or character of the resource, and a permit is not required under Section 301b of the Uniform Building Code. Furthermore, this chapter shall not prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such feature when the Building Division certifies to the City Council that such action is required for public safety due to unsafe or dangerous conditions that cannot be rectified through the use of the California Historic Building Code. D. The certificate of appropriateness required by this chapter is in addition to any other permit required for the proposed project. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 090 Certificates of Appropriateness: Procedures and Levels of Review

A. An application for a certificate of appropriateness to do work on a designated historic resource shall be filed with the Planning Division upon prescribed forms and with required fees. In addition to the required forms, the application shall include the following data: 1. A concise statement of the nature and extent of the proposed work. 2. A site plan in appropriate scale, listing the subject property' s legal description as well as its existing land use and zoning designations. 3. Additional sketches, drawings, photographs, or material boards as required by the Planning Division. B. An application for a certificate of appropriateness shall be processed in accordance with the Permit Streamlining Act ( California Government Code Section 65920, et seq). C. A notice of an application for a certificate of appropriateness shall be forwarded to the Building Division and no building or demolition permits for any alteration to any exterior feature of the proposed resource shall be issued while the matter is pending final decision. D. An application for a certificate of appropriateness that does not involve the addition of habitable space or a change to the existing dimensions of the designated resource

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shall be reviewed by the City Planner as a minor alteration, unless the City Planner finds that the proposed project would result in visual impacts significant enough to warrant a higher level of review. Minor alterations to designated historic resources shall be processed as follows: 1. Review and approval by the City Planner shall be considered a ministerial action and thus not subject to a public hearing or public notification requirement. 2. The determination to approve or deny a proposed minor project shall be based on the criteria outlined in the Secretary of the Interior' s Standards for the Treatment of Historic Properties. 3. Upon approval of a minor project, the applicant shall receive written verification of said approval, in a form to be determined by the City Planner. Such written verification shall accompany any subsequent application for building permits. 4. Should the proposed minor alteration be denied, the applicant shall receive a written explanation of the denial, which shall make reference to the specific criteria not met by the proposed project. 5. Within 14 days of rendering a decision on a certificate of appropriateness for a minor alteration, the City Planner shall, for informational purposes only, provide written notification of the decision to the Commission. Absent a formal appeal of the City Planner' s decision in accordance with Section 15. 12. 160, the Commission shall not have the authority to s decision, require revisions to the project, or attachrescind or modify the City Planner' additional conditions of approval. E. An application for a certificate of appropriateness involving the addition of interior floor area or a change to the existing dimensions of the designated resource shall be reviewed by the Planning Commission as a major alteration. F. Within 45 days of determining that an application for a major alteration has been rendered complete, Planning Division staff shall, on the basis of the criteria outlined in the Secretary of the Interior' s Standards for the Treatment of Historic Properties, present to the Commission an evaluation of the potential impacts of the proposed project on the visual character and historic integrity of the designated resource. G. The Commission shall then convene a public hearing to review the application. On the basis of the Secretary of the Interior' s Standards for the Treatment of Historic Properties, the Commission shall by resolution either issue or deny a certificate of appropriateness. H. Notice of all public hearings pertaining to the designation process shall be given as provided in Section 18. 04. 060. In addition, notice of the date, place, time, and purpose of the hearing shall be mailed return receipt requested to the owner of the proposed resource as shown on the last equalized assessment role at least 14 days prior to the date of the public hearing. Failure to send notice by mail to any property owner when the address of such owner is not on the latest equalized assessment role shall not invalidate any proceedings in connection with the proposed designation. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 100 Certificate of Appropriateness: Criteria for Approval

A. The Planning Commission shall issue a certificate of appropriateness for a major

alteration to a designated historic resource if, and only if, the proposed project is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, which are hereby adopted by reference. B. The Planning Commission shall issue a certificate of appropriateness if, and only if, any potentially adverse off-site impacts, as identified through the requisite environmental review process, are mitigated to a less than significant level. C. Proposed projects that do not meet the above criteria shall be granted certificates of appropriateness only under the following circumstances:

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1. If the owner of a designated historic resource demonstrates to the

Planning Commission that such resource cannot be economically used, and denial of a certificate of appropriateness would deprive the owner of all or most of his or her economic interest in the property, the Commission may issue the certificate with an effective date 180 days from the date of issuance to allow time for the investigation of alternatives to the proposed project, such as acquisition of the resource by the City or other entity with the desire and wherewithal to maintain the historic integrity of the resource. 2. If the applicant has presented clear and convincing evidence to the satisfaction of the Planning Commission that disapproval will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work, whether this be the property owner, commercial tenant or resident, or because of conditions peculiar to the particular resource or other feature thereof, and that approval of the certificate will otherwise be consistent with the purposes of this chapter. In such cases, a finding of overriding considerations would have to be made through the environmental review process. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 110 Historic Preservation Incentives: Historic Property Preservation Mills Act) Agreements

A. In order to preserve and protect the cultural, historical, and architectural heritage of the City, certain incentives are provided in this chapter to owners of designated historic resources. Among these incentives is a property tax reduction through the execution of a historic property preservation agreement, in accordance with Sections 50280 et seq. of the Government Code and Sections 439. 2 et seq. of the Revenue and Taxation Code. B. As mandated by state law, at a minimum, historic property preservation agreements shall provide for all of the following: 1. A perpetual ten- year term, with a minimum initial term of ten years and one year added automatically to the term each year unless a notice of nonrenewal is filed. If a notice of nonrenewal is filed, the agreement will become null and void upon expiration of the ten- year term in effect at the time the notice was filed. 2. Preservation of the designated historically significant property throughout the term of the agreement. 3. Restoration and rehabilitation, as necessary, to conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior' s Standards for Rehabilitation and the State Historical Building Code. 4. Periodic examinations of the interior and exterior of the property by the assessor, the State Department of Parks and Recreation, and the State Board of Equalization as may be necessary to determine the property owner's compliance with the terms of the agreement. Although not mandated by the state, each agreement will also provide for periodic inspections by City staff with advance notice. 5. Provisions that all successors in interest shall have the same rights and obligations under the agreement as the owner who entered into the agreement. 6. Right of the City to cancel an agreement if it determines that the property owner has breached any of the conditions of the agreement or allowed the property to deteriorate to the point that it no longer meets the criteria for designation as a historic resource. 2 percent of the full market value ( based upon the 7. Penalty of 12'/ reasonably estimated tax savings for the full term of the agreement, as reasonably determined by the City) if an agreement is canceled in accordance with Section 15. 12. 140( G).

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C. An application to enter into a historic property preservation agreement may be initiated by the owner of a property listed on the City' s Register of Designated Historic Resources. Submittal requirements are as follows: 1. All forms required by the Planning Division. 2. A scaled site plan showing all existing improvements on the subject property. 3. An assessment of the current condition of the historic resource, including recommendations for the rehabilitation of any components of the resource that currently threaten its preservation or compromise its historic integrity. 4. Official tax valuation information for the most recent tax year. D. The review procedures for applications for historic property preservation agreements are as follows: 1. Prior to submitting an application for a historic property preservation agreement, the property owner shall schedule a pre- application review conference with the City Planner. The purpose of the pre- application review conference is to ensure that mandatory terms of the agreement are understood and that the minimum submittal requirements are met. Applications may be submitted during or after the pre-application review conference. 2. All approved agreements must be executed on or before December 31 of each year in order to take effect for the following property tax year, or such earlier date as may be required to satisfy applicable legal requirements or applicable administrative requirements of those agencies responsible for the notice, levy, collection, and distribution of property taxes. 3. Following receipt of a completed application, the City Planner shall schedule a meeting with the property owner at the subject property. The meeting will be used to inspect the property, determine if it complies with applicable criteria, and to develop a list of improvements, if any, deemed necessary during the first ten- year period of the agreement to restore the property' s architectural and/ or historical integrity. After the site meeting, a follow- up meeting may be scheduled by the City Planner with the property owner to estimate the potential property tax savings for the individual property. However, actual property tax savings will be calculated by the County Tax Assessor each tax year. The City' s estimate is no more than a simple estimate and not intended by the City to represent the actual tax savings any person may experience. No person should rely on City representatives regarding the potential tax savings resulting from the execution of a Historic Property Preservation Agreement when such person is contemplating entering into such an agreement. Any person seeking to understand the tax implications of entering into an agreement should consult a tax professional. 4. Once the site meeting has been completed and a list of required improvements, if any, has been drafted, the City Planner shall forward the draft agreement and the proposed list of improvements to the Commission for review. Within 30 days of receiving said materials, the Commission shall convene a public hearing to consider the proposed list of improvements, make recommendations for amendments to said list, and recommend approval or denial of the historic property preservation agreement to the City Council. 5. Within 30 days of receiving said recommendation on the agreement, the City Council shall convene a public hearing and either approve, conditionally approve, or deny the requested agreement. 6. Once a historic property preservation agreement has been approved by owner shall pay the nonrefundable contract execution fee. Oncethe City Council, the property said fee has been paid, the approved agreement shall be executed by the property owner(s) with notarized signatures.and the City The City shall forward all agreements properly executed during a given calendar year to the County Recorder' s office for recordation within 30 days after the execution date. The recorded copy will be returned to the City for submission to the County Tax Assessor' s office for implementation. In accordance with state law, no properly executed historic property preservation agreement may take effect until it has been recorded and

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s office.submitted to the County Tax Assessor' Each historic property preservation agreement

recorded before January 20 of a calendar year will take effect for property tax reduction purposes in the tax year beginning July of that calendar year. E. The approval of a historic property preservation agreement shall run with the land, and shall continue to be valid upon a change of ownership. F. Either party to a historic property preservation agreement may file a notice of nonrenewal at any time after entering into the agreement. The effect of the notice of nonrenewal is to render the agreement null and void upon expiration of the ten- year term in effect at the time the notice is filed. G. As established in this Chapter, the City Council may cancel a historic property preservation agreement if the City Council determines that the property owner has breached any of the terms of the agreement or has allowed the property to deteriorate to the extent that it no longer meets the criteria in Section 15. 12. 060. 1. Following completion of the enforcement of agreement procedures contained within each historic property preservation agreement and prior to the cancellation of a historic property preservation agreement, the City Council may initiate and review cancellation of an agreement. 2. If the City Council cancels an agreement, the property owner shall pay a penalty to the State of 12'/ 2 percent of the full value of the property, as determined by the County Tax Assessor. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 120 Historic Preservation Incentives: State Historic Building Code; Parking Reductions and Waivers; Exemption from Certain Limitations on Nonconforming Structures and Uses

A. The State Historic Building Code provides for reasonable alternatives to established statutes or regulations where strict compliance would negatively affect the historic integrity and/ or economic viability of a designated resource. While fulfilling its principal obligation to protect public health and safety, the City shall apply the State Historic Building Code in its review of designated historic resources in a manner that supports cost- effective approaches to the preservation, enhancement, and beneficial use of such resources. B. Because in many instances historic resources were permitted, constructed and utilized under less restrictive parking standards than those currently in place, it is often impossible for these resources to accommodate viable uses without some relief from current parking requirements. To allow for viable and permitted uses of historic resources that would otherwise be precluded by current parking standards, this chapter provides for the following: 1. For changes of use in designated historic resources that result in additional parking requirements ( e. g. from retail to restaurant), the proposed new use shall be credited with the number of parking spaces required for the outgoing use, regardless of whether or not this number of spaces is actually provided. Thus, the proposed new use shall be responsible only for accommodating the net increase in parking spaces required. 2. In circumstances where, as determined by the City Planner, the provision of required parking under the preceding paragraph cannot be achieved without compromising the historic integrity of the designated resource, a parking waiver may be granted through a Minor Use Permit. In waiving parking requirements through a Minor Use Permit, the Planning Division shall make the following findings, in addition to those findings required for a Minor Use Permit:

a. The required parking cannot be provided without compromising

the historic integrity of the designated resource.

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b. As evidenced through an empirical parking study, there are sufficient on- street parking spaces available to meet the additional demand occasioned by the change of use. C. The applicant has entered into a shared parking agreement with an adjacent property that, as evidenced through an empirical parking study, maintains a surplus of parking spaces that can be conveniently utilized by the proposed new use during its principal hours of operation. d. The applicant pays an in- lieu fee for the required number of spaces to be provided in a planned public parking facility located within 500 feet of the designated resource, in which case " planned" shall mean listed in the City' s current capital improvement plan and slated for construction within the next three years. C. Historic resources classified as nonconforming buildings or accommodating nonconforming uses shall benefit from the following provisions: 1. An existing nonconforming setback may be continued to an extent no greater than double the floor area of the existing encroachment, so long as the additional floor area extends no further into the required setback area than the existing encroachment. 2. A historic building shall not be classified as nonconforming solely on the basis of a deficiency or wholesale absence of required on- site parking. 3. A nonconforming building partially or fully destroyed by an act of God or the public enemy may be restored, and the use and occupancy of said building can be re- established. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 130 Duty to Keep in Good Repair

The owner, occupant or other person in actual charge of a designated historic resource

shall keep in good repair all of the exterior portions of the improvement and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior element. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 140 Ordinary Maintenance and Repair

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design material or external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature when the building official certifies to the Commission that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historic Building Code. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 150 Existing Improvements

All repairs, alterations, reconstructions, restorations, or changes in use of existing

improvements shall conform to the requirements of the California Historic Building Code. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

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Section 15. 12. 160 Appeals

A. Decisions regarding historic designations, certificates of appropriateness or Mills

Act contracts may be appealed to the next level of authority, with the City Council being the final authority on any appeal. 1. Any decision of the City Planner may be appealed to the Planning Commission. 2. Any decision of the Planning Commission may be appealed to the City Council, including any decision regarding an appeal of a City Planner action. B. Any person may appeal a decision of the City Planner or the Planning Commission by properly filing with the Planning Division and the City Clerk a notice of appeal on a form furnished by the Planning Division and submitting applicable fees. C. Such notice of appeal shall be filed with the Planning Division and the City Clerk within ten days of the date of the action being appealed. D. Not later than seven days following any decision regarding an appeal of an action taken under the provisions of this chapter, the City Clerk shall send written notice of the decision to the applicant and appellant. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

Section 15. 12. 170 Enforcement, Restitution and Penalties for Violation

A. Whenever any alteration, demolition, relocation, construction or grading of any site is being done contrary to the provisions of this chapter, the Community Development Director or designee may order the action stopped by notice in writing served on the responsible party who shall forthwith stop such activity until authorized by the Community Development Director or designee to proceed. B. It is unlawful for any person to carry out any work on any building structure or site in violation of a notice stopping such work. C. Any violation of the provisions of this chapter shall constitute a public nuisance and be subject to all lawfully available enforcement procedures, including without limitation, those set forth in Sections 1. 12 and 1. 13 of the Municipal Code. As part of any enforcement proceeding, violators may be required to reasonably restore the building, structure, object, or site to its appearance or condition prior to the violation, under the guidance of the Planning Division. D. In the event that a historic resource is demolished or irreparably altered with benefit of a certificate of appropriateness or other properly issued authorization of the City, no building permit shall be issued for any new development on the property in question for a period of five years from the date the violation occurs, other than as may be required to comply with applicable health and safety requirements and regulations, and in no event shall any building permit authorize any new construction to exceed the building square footage, lot coverage, and use of the original structure. Prior Code 32- 1; Ord. No. 89- 7, Added 3/ 27/ 89; Ord. No. 2009- 20, Repealed and Replaced, 9/ 22/ 09)

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Chapter 15. 16

Surface Mining and Reclamation

Sections:

15. 16. 010 Purpose and Intent
16. 16. 020 Definitions
17. 16. 030 Scope
18. 16. 040 Permit and Reclamation Plan Requirement
19. 16. 050 Review Criteria
20. 16. 060 Review Procedure
21. 16. 070 Permit to Mine- Issuance
22. 16. 080 Performance Bond
23. 16. 090 Public Records
24. 16. 100 Periodic Review
25. 16. 110 Amendments
26. 16. 120 Variance
27. 16. 130 Enforcement
28. 16. 140 Appeal

Section 15. 16. 010 Purpose and Intent

A. This chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Division 2, Chapter 9, Sections 2710, et seq., of the Public Resources Code. B. The Council finds and declares that the extraction of minerals ( including fill and/ or construction materials) is essential to the continued economic well- being of the City and to the needs of society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment, to protect the public health, safety and welfare, and to promote achievement of the goals and objectives of the Vista General Plan. C. The Council further finds that the reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land. D. The Council further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly. Prior Code 9- 1. 1; Ord. No. 80- 52, Added 11/ 24/ 80)

Section 15. 16. 020 Definitions

Whenever the following words or terms are used in this chapter, they shall have the

meaning established by this section: Borrow pit" means a pit created by the surface mining of rock, unconsolidated geologic deposits, or soil for fill, construction or other uses. Exploration" or " prospecting" means the search for minerals by geological, geophysical, geochemical or other techniques including, but not limited to, sampling, assaying, drilling or any surface or underground work needed to determine the type, extent or quantity of minerals present. Mined Lands" means the surface, subsurface and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways

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and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which are located structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations. Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum. Mining" means extracting minerals from the earth, including the ordinary treatment and processes normally applied by mine owners to obtain the commercially marketable mineral product. waste" means the residue of soil, rock, mineral, liquid, vegetation, equipment, Mining machines, tools or other materials or property directly resulting from or displaced by surface mining operations. Operator" means any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations on his behalf. Overburden" means soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations. Permit" means any formal authorization from, or approved by, the City, the absence of which would preclude surface mining operations. Person" means any individual, firm, association, corporation, organization or partnership, or any city, county, district or the state or any department or agency thereof. Reclamation" means the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.

and State Board" means the State Mining Geology Board, in the Department of

Conservation, State of California. State Geologist" means the individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code. Surface mining operations" means all or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open- pit mining of minerals naturally exposed, mining by auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations include, but are not limited to: 1. In- place distillation, retorting or leaching 2. Production and disposal of mining waste 3. Prospecting and exploratory activities 4. Borrow pitting 5. Streambed skimming 6. Segregation and stockpiling of mined materials ( and recovery of same) Prior Code 9- 1. 2; Ord. No. 80- 52, Added 11/ 24/ 80; Ord. No. 87- 16, Amended 5/ 11/ 87)

Section 15. 16. 030 Scope

The provisions of this chapter are not applicable to:
A. Excavations or grading conducted for farming or on- site construction or for the

purpose of restoring land following a flood or natural disaster.

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B. Prospecting and exploration for minerals of commercial value where less than

1, 000 cubic yards of overburden is removed in any one location of one acre or less. C. Any surface mining operation that does not involve either the removal of a total of more than 1, 000 cubic yards of minerals, ores and overburden; or involve more than one acre in any one location. D. Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose. E. Such other mining operations that the City determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified by the State Board pursuant to Sections 2714( d) and 2758( c), California Surface Mining and Reclamation Act of 1975. Prior code 9- 1. 3; Ord. No. 80- 52, Added 11/ 24/ 80; Ord. No. 87- 16, Amended 5/ 11/ 87)

Section 15. 16. 040 Permit and Reclamation Plan Requirement

A. Any person, except as provided in Section 15. 16. 030, who proposes to engage in

surface mining operations as defined in this chapter, shall, prior to the commencement of such operations, obtain: 1. A special use permit; 2. A permit to mine; and 3. Approval of a reclamation project; in accordance with the provisions set forth in this chapter, and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975, and Section 3502, Article 1, Subchapter 1, Chapter 8, Division 2, Title 14, California Administrative Code. Filing and permit fees are as set forth in fee schedules to be adopted from time to time by the City Council. Filing fees shall be paid to the City at the time of filing an application for a special use permit. The applications for a special use permit, a permit to mine and a reclamation plan for surface mining operations shall be made on forms provided by the City as called for by Section 2772 of the Public Resources Code. B. 1. No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, is required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues, provided that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person is deemed to have such vested rights if, prior to January 1, 1976, he has in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefore. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or

materials. 2. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the City Planning Department and receive, within a period of one year, approval of a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the City prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976. C. The State Geologist shall be notified of the filing of all permit applications. D. The State Department of Transportation shall be notified of the filing of all permit applications wherever surface mining operations are proposed in the 100 year floodplain of any stream, as shown in Zone A of flood insurance rate maps issued by the Federal Emergency and within one mile,Management Agency, upstream or downstream, of any state highway

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bridge. The Department of Transportation shall have a period of not more than 45 days to review and comment on the proposed surface mining operation, and no permit shall be issued until the Department of Transportation has submitted its comments or until 45 days from the date of application for the permit, whichever occurs first. Such applications shall be submitted to the District Maintenance Engineer ( Attn: D. E. Delvey), District 11, P. O. Box 85406, San Diego, CA 92138- 5406. E. This chapter shall be continuously reviewed and revised, as necessary, in order to ensure that it is in accordance with the state policy for mined lands reclamation. Prior Code 9- 1. 4; Ord. No. 80- 52, Added 11/ 24/ 80; Ord. No. 87- 16, Amended 5/ 11/ 87)

Section 15. 16. 050 Review Criteria

The Planning Commission, and on appeal the City Council, shall be governed by, but not necessarily limited to, the criteria established in this chapter and in Section 18. 74. 120 of this code, in reviewing and granting a special use permit or approving a reclamation plan. A special use permit shall not be granted unless the Planning Commission finds that: A. The proposed surface mine is consistent with the Vista General Plan and furthers its implementation; B. The proposed surface mine will not create a threat to the public health, safety or welfare either during its operation or upon completion of the operation; C. Establishment of the surface mine will not adversely affect the environment in any manner which may not be mitigated satisfactorily; D. Erosion control practices and facilities are proposed that will minimize soil erosion from the site and prevent degradation of downstream elements of the watershed; E. The proposed surface mining operation will not be detrimental to any scenic corridor or preservation district officially designated as such by local, state or federal agencies; F. The site is physically suited for a surface mining operation; e. g., adequate routes of ingress and egress to the site, existing or proposed; G. The proposed surface mine will not damage any public or private property or interfere with any existing drainage course in such a manner as to cause damage to any adjacent

property or result in the deposition of debris on any public way or create an unreasonable hazard to persons or property; H. The land area on which the surface mine is proposed is not subject to geological hazards to the extent that no reasonable amount of corrective work will eliminate or significantly reduce any potential hazard to persons or property; I. The proposed surface mining site is to be fenced and/ or maintained in such manner that no hazards are presented to the public; J. Finished slopes ( cut or fill) match or blend with the natural contours and undulations of surrounding land areas; K. Finish slopes that exceed ten feet in vertical height that are exposed to public view from or across such open areas as roads, canyons, floodplains or similar public vantage points or open spaces are adequately screened or landscaped. L. Where the primary purpose of a surface mining ( borrow pit) operation is to prepare ( level) a site for future development, the timing of the project in relation to development in the surrounding area should be a major consideration. When the operation is determined to be premature, it may be grounds for denying the application for a special use permit under the provisions of Chapter 18. 74 of this code. Prior Code 9. 1. 5; Ord. No. 80- 52, Added 11/ 24/ 80)

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Section 15. 16. 060 Review Procedure

A. All applications for a surface mining permit and reclamation plan are subject to an

environmental assessment in accordance with the provisions of the City's environmental quality regulations ( EQR). The environmental review process shall be completed and a negative declaration granted or, when determined necessary, an environmental impact report ( EIR) prepared and certified prior to initiating the review and hearing on the application. B. The Director of Planning shall coordinate the review of the special use permit application and the reclamation plan with concerned City departments and other public agencies, and shall schedule a public hearing within 90 days of the completion of the environmental review process. Such public hearing shall be held by the Planning Commission in accordance with the provisions of Chapter 18. 74 of this code, governing special use permits SUP) for the purpose of consideration of the issuance of an SUP for the proposed surface mining operation and approval of the reclamation plan. Prior Code 9- 1. 6; Ord. No. 80- 52, Added 11/ 24/ 80)

Section 15. 16. 070 Permit to Mine - Issuance

The Director of Public Works may issue a permit to mine subject to the following

conditions: A. The granting of a special use permit and approval of the reclamation plan by the Planning Commission; B. Submission of a suitable guarantee for faithful performance of the reclamation

plan when required; C. The applicant' s compliance with all preconditions that may have been levied as a condition of the special use permit; e. g., engineered plans for off- site improvements, erosion control devices or other structures or devices that may be required. Prior Code 9- 1. 7; Ord. No. 80- 52, Added 11/ 24/ 80)

Section 15. 16. 080 Performance Bond

Upon a finding by the Planning Commission that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determination by the Planning Commission of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, cash deposit, lien or other security guarantee conditioned upon the faithful performance of the reclamation plan shall be filed with the director of public works. Such surety and reviewed and revised as necessary, biannually. Suchshall be executed in favor of the City surety shall be maintained in an amount equal to 150 percent of the cost of completing the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding two-year period, or other term, as determined by the applicant' s engineer and the Director of Public Works. Prior Code 9- 1. 8; Ord. No. 80- 52, Added 11/ 24/ 80)

Section 15. 16. 090 Public Records

Reclamation plans, reports, applications and other documents submitted pursuant to this

chapter are public records unless it can be demonstrated to the satisfaction of the City that the release of such information, or part thereof, would reveal production, reserves or rate of depletion entitled to protection as proprietary information. The City shall identify such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications and other documents submitted pursuant to this chapter, including

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proprietary information, shall be furnished to the District Geologist of the State Division of Mines and Geology by the City. Proprietary information shall be made available to persons other than the State Geologist only when authorized by the mine operator and by the mine owner in accordance with Section 2778 of the Public Resources Code. Prior Code 9- 1. 9; Ord. No. 80- 52, Added 11/ 24/ 80)

Section 15. 16. 100 Periodic Review

As a condition of approval for the special use permit, the permit to mine and the

reclamation plan, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the special use permit, the permit to mine and the reclamation plan. Prior Code 9- 1. 10; Ord. No. 80- 52, Added 11/ 24/ 80)

Section 15. 16. 110 Amendments

A. Amendments to an approved reclamation plan may be submitted to the City at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been flied with, and approved by, the City. B. Amendments to an approved reclamation plan shall be approved by the same procedure as is prescribed for approval of a reclamation plan. Prior Code 9- 1. 11; Ord. No. 80- 52, Added 11/ 24/ 80)

Section 15. 16. 120 Variance

Variances from an approved reclamation plan may be allowed upon request of the

operator and applicant, if they are not one and the same, and upon a finding by the Planning Commission that each requested variance is necessary to achieve the prescribed or higher post-mining use of the reclaimed land. Prior Code 9- 1. 12; Ord. No. 80- 52, Added 11/ 24/ 80)

Section 15. 16. 130 Enforcement

The provisions of this chapter shall be enforced by any authorized member of the

Department of Public Works of the City or such other persons as may be designated by the Council. Periodic inspections will be conducted by the Public Works Department. A violation of any provision of this chapter is deemed a misdemeanor and upon conviction thereof shall be punishable according to the provisions of Section 1. 16. 010 of this code. Each day of violation is deemed to be a separate offense. Prior Code 9- 1. 13; Ord. No. 80- 52, Added 11/ 24/ 80)

Section 15. 16. 140 Appeal

Any person aggrieved by an act or determination of the Planning Commission in the

exercise of the authority granted in this chapter has the right to appeal to the City Council under the same procedure set forth for the appeal of the grant or denial of a zoning variance, as provided in Sections 18. 74. 090 through 18. 74. 110 of this code, except that any appeal must be filed on forms provided by the City within ten days after the Planning Commission renders a written decision. Prior Code 9- 1. 14; Ord. No. 80- 52, Added 11/ 24/ 80)

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Chapter 16.04

Standards for Public Works Construction