cc 2022 AR 05/10 small lot residential development requirements (p22-0018)

ACTION:
____________________________
Clerk/Secretary
Department: Community Development Item No: PH2
Prepared by: Patsy Chow, Deputy Director/City Planner Meeting Date: May 10, 2022 Approved by:

John Conley, Director
Patrick Johnson, City Manager Agenda Location: Public Hearing SUBJECT: SMALL LOT RESIDENTIAL DEVELOPMENT REQUIREMENTS (P22-0018) RECOMMENDATION:

1.Open, conduct, and close a public hearing to receive testimony regarding the proposed amendment.

2.Adopt City Council Resolution No. 2022- , approving the Negative Declaration for an Ordinance creating Chapter 18.33 of the Vista Development Code regarding small lot residential development requirements (with Exhibit A).

3.Introduce and adopt City Council Ordinance No. 2022- , adding Chapter 18.33 of the Development Code regarding small lot residential development requirements.

CORRELATION TO CITY COUNCIL GOALS: Relates to but does not directly support the following City Council goals: (1) Homelessness and Housing, and (2) Economic Development.

PRIOR ACTION: On February 22, 2022, held a discussion to discuss draft recommendations and a draft ordinance for small lot residential developments and provided direction to staff (Vote: No Vote).

PRIOR PLANNING COMMISSION ACTION: On April 19, 2022, adopted Planning Commission Resolutions No. 2022-07 and 2022-08, recommending City Council approval of the Negative Declaration for an Ordinance creating Chapter 18.33 of the Vista Development Code regarding small lot residential development requirements and recommending approval of an Ordinance creating Chapter 18.33 of the Vista Development Code regarding small lot residential development requirements (Vote: 5-0, Rosaler and Savage absent).

STATEMENT ON THE SUBJECT: In recent years, the City has seen significant interest in small lot single-family residential developments as a way to promote homeownership and owner-occupied housing opportunities for individuals trying to buy a home in Vista. Because the City’s Development Code does not currently allow for small single-family lots (i.e., lots that are less than 6,000 square feet), most developers pursuing small lot residential projects have instead developed detached owner- occupied condominium units with common underlying ownership under a condominium map structure.

In an effort to allow individual ownership of single-family lots and accommodate detached single-family homes at comparable densities of developed condominium projects, staff is recommending new small lot development requirements.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
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Approved above recommendation, adopted the following: 1) City Council Resolution No. 2022-69; and 2) Introduce and adopt City Council Ordinance No. 2022-8, with the following changes : Change Section 18.33.040.J to read “Parking: Four spaces per unit” and delete Subsection 18.33.040.O.3. Vote: 4-0 (Ritter absent)

MEETING DATE: May 10, 2022 PAGE 2
SUBJECT: SMALL LOT RESIDENTIAL DEVELOPMENT REQUIREMENTS (P22-0018) Before developing draft recommendations, staff researched several different cities in the region that have regulations to address small single-family lots in a subdivision setting. From the seven cities that staff evaluated and following the direction of City Council, the following recommendations are summarized below and provided in their entirety in Exhibit 2.

Proposed Recommendations.

R-1-B and R-M (up to 15 dwelling units/acre) residential zones: Staff recommends new small lot residential development requirements to be applicable only within the R-1-B and R-M zones (up to a density of 15 dwelling units per acre), where the small lot development pattern most closely resembles the existing zoning requirements. Staff does not recommend introducing small lot subdivisions in lower density zones and/or semi-rural and rural neighborhoods where the small lot pattern would not be consistent with surrounding large lot developments. Conversely, in alignment with the City’s Housing Element, it is not recommended to introduce small lot developments in higher density zones (above 15 dwelling units per acre) as this could adversely impact the opportunities for higher density housing.

Requirements for Small Lot Development: Ensure that standards, such as a minimum lot size of 3,600 square feet and a lot width of 45 feet are met. Sidewalks and landscaped parkways would be required on both sides of the street with minimum 6-foot-wide landscaped parkways. On-street parking would be required on both sides of the street whether a public or private street. Common and private open space requirements would apply. Other standards would include treatment for walls and fences, landscaping requirements and storage space for each unit.

Development Standards: These include setback requirements, building height, and utility provisions.

Proposed front yard setbacks are 20 feet to the face of the garage and 10 feet to the remainder of the home, 5 feet on the sides and 10 feet in the rear yard. The proposed building height is two stories or 35 feet, whichever is lowest, consistent with the height requirements in all other single-family zones. In addition, all overhead utilities on the project site are required to be placed underground.

Process: Small lot development projects would be processed and reviewed via submittal of a Tentative Parcel Map or Tentative Subdivision Map along with a Site Development Plan application. These applications would be reviewed by the Planning Commission and would be appealable to the City Council, consistent with all other major subdivision applications. Applicable fees would apply at the time of submittal to the City. If a zone change or General Plan amendment are requested by the applicant along with a small lot development application, the project will require final review by the City Council following a recommendation from the Planning Commission.

Environmental Review. A Negative Declaration and Initial Study were prepared pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations Section, 15000, et seq.). It was made available for a 20-day public review period from March 24 to April 12, 2022. No comments were received during this review period.

Planning Commission Review. On April 19, 2022, the Planning Commission (Commission) reviewed proposed small lot residential development requirements and recommended the following: (1) a proposed minimum lot width of 45 feet required at all times without possibility of deviation, and (2) require two resident parking spaces in the garage at all times through CC&Rs or a maintenance agreement that preclude storage in the garage that could prevent parking of two cars in the garage. The Commission justified these conditions based on the small lot overall development configuration having narrower lot widths than traditional single-family subdivisions, and that these additional items would help address the potential visual clutter, aesthetics, and parking concerns by ensuring that garages are always used for parking two cars as originally intended. The Commission’s recommendations have 05/10/2022 PH2 2 of 35

MEETING DATE: May 10, 2022 PAGE 3
SUBJECT: SMALL LOT RESIDENTIAL DEVELOPMENT REQUIREMENTS (P22-0018) been incorporated into the proposed City Ordinance (Exhibit 2). The Staff Report and Minutes from the April 19, 2022, Planning Commission are included as Exhibit 3.

FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation.

EXHIBITS:

1.City Council Resolution No. 2022- , approving the Negative Declaration for an Ordinance creating Chapter 18.33 of the Vista Development Code regarding small lot residential development requirements (with Exhibit A)

2.City Council Ordinance No. 2022- , adding Chapter 18.33 of the Development Code regarding small lot residential development requirements

3.April 19, 2022, Planning Commission Staff Report and Minutes 05/10/2022 PH2 3 of 35

00107213 1
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING THE NEGATIVE DECLARATION FOR AN ORDINANCE CREATING CHAPTER 18.33 OF THE VISTA

DEVELOPMENT CODE REGARDING SMALL LOT RESIDENTIAL

DEVELOPMENT REQUIREMENTS
APPLICANT: CITY OF VISTA
PLANNING CASE NO. P22-0018
The City Council of the City of Vista does resolve as follows:

1.Findings. City Council hereby finds and declares the following:

A.Pursuant to Chapter 18.80 of the Development Code, on May 10, 2022, the City Council held a duly noticed public hearing on the proposed amendment to the Development Code regarding small lot residential development requirements; and B.The proposed amendment to the Development Code is consistent with the Vista General Plan because it does not conflict with any established policy in the elements contained in the General Plan; and
C.A Negative Declaration and Initial Study were prepared pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations Section, 15000, et seq.) to address the potential environmental impacts of the proposed amendment; and D.The Planning Commission is an advisory body to the City Council with respect to amendment requests, and any associated actions related to the request may be addressed at a combined proceeding.

E.On April 19, 2022, the Planning Commission adopted Resolution 2022-07, recommending City Council approval of the Negative Declaration related to the amendments to the Development Code with respect to small lot residential development requirements.

F.At said hearing, staff reports both written and oral were received in evidence and all persons desiring to speak on the Negative Declaration and Code amendment were heard. At the conclusion of said hearing, after consideration of all evidence presented, the Planning Commission reached a recommendation on the matter as hereinafter set forth. [Continued on page 2.]
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EXHIBIT 1

RESOLUTION NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00107213 1

2.Action.

A.The above recitations are true and correct.

B.The City Council hereby approves the Negative Declaration included as an Exhibit.

3.Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 10, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

DAROLD PIEPER, CITY ATTORNEY
By:

APPROVED
Darold Pieper
20220428114345

JUDY RITTER, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

Exhibit: Negative Declaration
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INITIAL STUDY AND

NEGATIVE DECLARATION
P22-0018
March 2022
PROJECT NAME: City of Vista Small Lot Residential Development Requirements in Title 18 - Zoning in the Development Code of the Chartered City of Vista, California
PROJECT LOCATIONS: Citywide
PROJECT APPLICANT: City of Vista
200 Civic Center Drive
Vista, California 92084-6275
LEAD AGENCY City of Vista
Community Development Department
Planning Division
200 Civic Center Drive
Vista, California 92084-6275
Lead Agency Contact: Patsy Chow, Deputy Director/City Planner (760) 643-5390

PUBLIC REVIEW
PERIOD: March 24, 2022 to April 12, 2022
This Negative Declaration and Initial Study have been prepared pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations Section, 15000, et seq.). It is available for a 20-day public review period as shown above.

Comments regarding this document must be made in writing to Ms. Patsy Chow, c/o Planning Division, 200 Civic Center Drive, Vista, California 92084-6275, and mailed to this address or sent via e-mail to [email protected]. All comments must be received in the Planning Division office no later than 5:00 P.M. on the last day of the public review period noted above. 05/10/2022 PH2 6 of 35

Small Lot Residential Development Requirements March 2022 City of Vista

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Negative Declaration Page 1

Small Lot Residential Development Requirements March 2022 City of Vista
A. INTRODUCTION
The City of Vista (City) Planning Division has prepared this Negative Declaration/Initial Study (ND/IS) to evaluate the potential environmental consequences associated with its citywide addition of small lot residential development requirements. As part of the approval process, a project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA). One of the main objectives of CEQA is to disclose to the public and decision makers the potential environmental effects of proposed activities. CEQA requires that the lead agency prepare an IS to determine whether an Environmental Impact Report (EIR), a Negative Declaration (ND), or a Mitigated ND is needed. The Planning Division is the lead agency for the proposed project under CEQA, and the Division has determined that a ND is the appropriate environmental document for the proposed project as shown in the IS portion of this document.

AUTHORITY
The preparation of this ND/IS is governed by two principal sets of documents: CEQA (Public Resources Code Section 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations Section 15000, et seq.). Specifically, the preparation of an ND/IS is guided by the State CEQA Guidelines; Section 15063 describes the requirements for initial studies, and Sections 15070 and 15071 describe the processes and requirements for the preparation of an ND. Where appropriate and supportive to an understanding of the issues, reference may be made either to the CEQA statute or State CEQA Guidelines. This ND/IS contains all of the contents required by the State CEQA Guidelines, which includes a brief project description, the location of the project (including on a map), name of the project proponent, and a proposed finding that the project will not have a significant effect on the environment.

B. EXISTING ENVIRONMENTAL SETTING

CITY OF VISTA
Vista is a largely built-out, predominantly low-density residential community located seven miles inland from the Pacific Ocean in northern San Diego County. Clusters of urbanized higher density developments are scattered throughout its central portion, generally along major transit routes or corridors. The city is located in rolling topography of the western foothills of the San Marcos Mountains, with elevations ranging from approximately 200 feet to about 750 feet above mean sea level (AMSL). Pleasant views are found from various points throughout the city with some higher elevations offering captivating vistas of the Pacific Ocean to the west. In addition to the pleasing topography of the mountains and hills, Vista is lushly vegetated from the low-level creek beds to the steep slopes of the foothills, which also contributes to the overall beauty of the community. The city also has three major creeks that flow through its boundaries, Buena Vista Creek, Agua Hedionda Creek, and Buena Creek. The surrounding land uses and setting for the proposed project are those parcels within the city that are within R-1-B and R-M (up to a density of 15 dwelling units per acre) residential zones.

C. BACKGROUND AND PROJECT DESCRIPTION

BACKGROUND
The small lot development regulations as outlined by Chapter 18.33 of the Vista Development Code are being proposed in an effort to allow for individual ownership of single-family lots and detached single-family homes at comparable densities of developed condominium projects.

In recent years, Vista has seen significant interest in small lot single-family residential 05/10/2022 PH2 8 of 35

Negative Declaration Page 2

Small Lot Residential Development Requirements March 2022 City of Vista
developments as another way to promote homeownership and owner-occupied housing opportunities for individuals trying to buy a home in Vista. Because the City’s Development Code does not currently allow for small single-family lots (i.e., lots that are less than 6,000 square feet), most developers pursuing small lot residential projects have instead developed detached owner-occupied condominium units with common underlying ownership under a condominium map structure.

PROJECT DESCRIPTION
In general, the proposed project consists of an ordinance that adds Chapter 18.33, Small Lot Residential Development Requirements, of the City’s Development Code to introduce certain small lot requirements and associated standards. Specifically, the ordinance is also intended to provide code simplification and clarity for creation of owner-occupied housing opportunities and small lot single-family residential developments as another way to promote homeownership. Staff’s draft recommendations are summarized below:

R-1-B and R-M (up to 15 dwelling units/acre) residential zones: New small lot residential development requirements would be applicable only within the R-1-B and R-M zones (up to a density of 15 dwelling units per acre), where the small lot development pattern most closely resembles the existing zoning requirements within these zones. Staff does not recommend introducing small lot subdivisions in lower density zones and/or semi-rural and rural neighborhoods where the small lot pattern would not be consistent with surrounding large lot developments. Conversely, it is not recommended to introduce small lot developments in higher density zones (above 15 dwelling units per acre) as this could adversely impact the opportunities for higher density housing per the City’s Housing Element.

Requirements for Small Lot Development: Ensure that standards, such as a minimum lot size of 3,600 square feet and a lot width of 45 feet are met. Sidewalks and landscaped parkways would be required on both sides of the street with minimum 6-foot wide landscaped parkways. On-street parking would be required on both sides of the street whether a public or private street. Common and private open space requirements would apply. Other standards would include treatment for walls and fences, landscaping requirements and storage space for each unit.

Development Standards: These include setback requirements, building height, and utility provisions. Proposed front yard setbacks are 20 feet to the face of the garage and 10 feet to the remainder of the home, 5 feet on the sides and 10 feet in the rear yard. The proposed building height is two stories or 35 feet, whichever is lowest, consistent with all other single- family zones’ height requirements. In addition, all overhead utilities on the project site would be required to be placed underground.

Process: Small lot development projects would be processed and reviewed via submittal of a discretionary application for a Tentative Parcel Map or Tentative Subdivision Map along with a Site Development Plan. These applications would be reviewed by the Planning Commission and would be appealable to the City Council, consistent with all other major subdivision applications. Applicable fees would apply at the time of submittal to the City. If a zone change or General Plan amendment are requested by the applicant along with a small lot development application, the project would require final review by the City Council following a recommendation from the Planning Commission.

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Small Lot Residential Development Requirements March 2022 City of Vista
D. ENVIRONMENTAL DETERMINATION

This ND/IS evaluates the proposed project’s effects on the following environmental topics:
• aesthetics • land use planning
• agricultural resources • mineral resources
• air quality • noise
• biological resources • population and housing
• cultural resources • public services
• geology and soils • recreation
• greenhouse gas emissions • transportation/traffic
• hazards and hazardous materials • utilities and service systems • hydrology and water quality • mandatory findings of significance

Based upon the evaluation presented in the following Initial Study, implementation of the proposed project would not result in significant adverse environmental impacts.

Therefore, on the basis of this initial evaluation:

I find the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION (ND) will be prepared.

I find that although the project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED ND will be prepared.

I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT (EIR) is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or ND pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or ND, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ________________________ 3/22/2022_______ Patsy Chow, Deputy Director of Community Development / Date City Planner

E. INITIAL STUDY CHECKLIST

The following checklist provides an analysis of the proposed project's potential to result in 05/10/2022 PH2 10 of 35

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Small Lot Residential Development Requirements March 2022 City of Vista
significant adverse environmental impacts.

Section 15063(c) of the State CEQA Guidelines indicates that the purpose of an Initial Study is to:

1. Provide the Lead Agency (The City of Vista) with information to use as the basis for deciding whether to prepare an EIR or ND;

2. Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a ND;

3. Assist the preparation of an EIR, if one is required, by:
a) Focusing the EIR on the effects determined to be significant; b) Identifying the effects determined not to be significant; c) Explaining the reasons why potentially significant effects would not be significant; and,
d) Identifying whether a program EIR, tiering, or another appropriate process can be used for analysis of the project’s environmental effects.

4. Facilitate environmental assessment early in the design of a project.

5. Provide documentation of the factual basis for the finding in a ND that a project will not have a significant effect on the environment.

6. Eliminate unnecessary EIRs.

7. Determine whether a previously prepared EIR could be used with the project.

Impact Terminology

The following terminology is used to describe the level of significance of impacts:

• A finding of no impact is appropriate if the analysis concludes that the project would not affect the particular topic area in any way.
• An impact is considered less than significant if the analysis concludes that it would cause no substantial adverse change to the environment and requires no mitigation. • An impact is considered less than significant with mitigation incorporated if the analysis concludes that it would cause no substantial adverse change to the environment with the inclusion of environmental commitments that have been agreed to by the applicant. • An impact is considered potentially significant if the analysis concludes that it could have a substantial adverse effect on the environment.

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Small Lot Residential Development Requirements March 2022 City of Vista
I. Aesthetics

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?

c. Substantially degrade the existing visual character or quality of the site and its surroundings?
d. Create a source of substantial light or glare, which would adversely affect day or nighttime views in the
area?

DISCUSSION
a.-d. No Impact. Adoption of the proposed ordinance that would add Chapter 18.33, Small Lot Residential Requirements, is intended to provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. These new requirements by themselves do not propose or authorize any development.

Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. Therefore, the addition of Chapter

18.33 of the Development Code would not result in any substantial adverse changes to scenic vistas or resources, degrade existing visual character, or create substantial sources of light or glare. As a result, significant impacts to aesthetic resources would not occur.

II. Agriculture and Forestry Resources

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Convert Prime Farmland as defined in the Cortese-
Knox-Hertzberg Local Government Reorganization Act
of 2000, or Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide Importance as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Department of Conservation, to
nonagricultural use?

b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code Section 51104(g))?

d. Result in the loss of forest land or conversion of forest land to non-forest use?
e. Involve other changes in the existing environment
which, due to their location or nature, could result in 05/10/2022 PH2 12 of 35

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Small Lot Residential Development Requirements March 2022 City of Vista
conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?

DISCUSSION
a-e. No Impact. Adoption of the proposed ordinance that would add Chapter 18.33, Small Lot Residential Requirements, is intended to provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. These new requirements by themselves do not propose or authorize any development.

Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. Therefore, the addition of Chapter

18.33 of the Development Code would not result in the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use, conflict with any existing zoning for agricultural use or forest land, or involve other changes in the existing environment that would result in the conversion of farmland or forest land to other uses. Significant impacts to any existing agricultural or forest resources would not occur.

III. Air Quality

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Conflict with or obstruct implementation of the
applicable air quality plan?
b. Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?

c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed qualitative thresholds for
ozone precursors?)

d. Expose sensitive receptors to substantial pollutant
concentrations?
e. Create objectionable odors affecting a substantial
number of people?

DISCUSSION
a.-e. No Impact. Adoption of the proposed ordinance that would add Chapter 18.33, Small Lot Residential Requirements, is intended to provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. These new requirements by themselves do not propose or authorize any development.

Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. Therefore, the addition of Chapter

18.33 of the Development Code would not result in significant impacts related to conflicts with air quality plans or standards. Similarly, impacts resulting in cumulatively considerable net increases to non-attainment criteria pollutants are not expected. The proposed revisions would also not expose sensitive receptors to substantial pollutant concentrations or create objectionable odors. As a result, significant impacts to air quality would not arise from implementation of the proposed project.

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Small Lot Residential Development Requirements March 2022 City of Vista

IV. Biological Resources

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?

b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies, and
regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?

c. Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?

d. Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?

e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?

f. Conflict with the provisions of an adopted Habitat
Conservation Plan (HCP), Natural Community
Conservation Plan (NCCP), or other approved local,
regional, or state habitat conservation plan?

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Small Lot Residential Development Requirements March 2022 City of Vista
V. Cultural Resources

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Cause a substantial adverse change in the
significance of a historical resource as defined in
§15064.5?

b. Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to §15064.5?

c. Cause a substantial adverse change in the
significance of a tribal cultural resource as defined in Public Resources Code §21074?

d. Disturb any human remains, including those interred
outside of dedicated cemeteries (see Public
Resources Code, Ch. 1.75, § 5097.98, and Health
and Safety Code § 7050.5(b))?

DISCUSSION
a.-d. No Impact. Adoption of the proposed ordinance that would add Chapter 18.33 of the Development Code would not result in significant impacts. These new requirements by themselves do not propose or authorize any development. Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. As a result, the addition of Chapter 18.33 of the Development Code is not anticipated to result in significant impacts to historic, archaeological or tribal cultural resources, or human remains. Therefore significant impacts to cultural resources would not occur.

VI. Geology and Soils

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:

1. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of known fault? Refer to
Division of Mines and Geology Special Pub 42.

2. Strong seismic ground shaking?

3. Seismic-related ground failure, including
liquefaction?

4. Landslides?
b. Result in substantial soil erosion, or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
Project, and potentially result in on- or off-site

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Small Lot Residential Development Requirements March 2022 City of Vista
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d.Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating
substantial risks to life or property?
e.Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal
systems where sewers are not available for the
disposal of waste water?
f.Directly or indirectly destroy a unique paleontological resource or site or unique geological feature?

VII.Greenhouse Gas Emissions
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a.Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
b.Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?

DISCUSSION
a.-b. No Impact. These new requirements by themselves do not propose or authorize any development. Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. Therefore, the addition of Chapter 18.33 of the Development Code would not result in significant impacts. The new requirements essentially provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. The modifications to this Development Code would not contribute to the inducement of growth that would contribute to increased greenhouse gas emissions or conflict with applicable plans, policies or regulations that reduce the emissions of greenhouse gases. As such the proposed project would not have a significant impact.
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Small Lot Residential Development Requirements March 2022 City of Vista
VIII. Hazards and Hazardous Materials

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Create a significant hazard to the public or the
environment through the routine transport, use or
disposal of hazardous materials?

b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?

c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?

d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 or on other state
environmental databases and, as a result, would it
create a significant hazard to the public or the
environment?

e. For a Project located within an airport land use plan or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the Project result in a safety hazard for people
residing or working in the Project area?

f. For a Project within the vicinity of a private airstrip, would the Project result in a safety hazard for people
residing or working in the Project area?

g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?

h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?

DISCUSSION
a.-h. No Impact. These new requirements by themselves do not propose or authorize any development. Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. Therefore, the addition of Chapter 18.33 of the Development Code would not result in significant impacts. The new requirements essentially provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. As a result, the additions to the Development Code would not interfere with any emergency response plans, emergency evacuation plans, and would not create any potential health hazards, or expose people or property to existing sources of significant hazards. Therefore, the proposed project would not result in significant impacts.
05/10/2022 PH2 17 of 35

Negative Declaration Page 11

Small Lot Residential Development Requirements March 2022 City of Vista

IX. Hydrology and Water Quality

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Violate any water quality standards or waste discharge requirements, including but not limited to increasing
pollutant discharges to receiving waters?

b. Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?

c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river, in a manner which would
result in substantial erosion or siltation on- or off-site?

d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner
which would result in flooding on- or off-site?

e. Create or contribute runoff water, which would exceed the capacity of existing or planned storm water
drainage systems or provide substantial additional
sources of polluted runoff?

f. Otherwise substantially degrade water quality?
g. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?

h. Place within a 100-year flood hazard area structures, which would impede or redirect flood flows?
i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?

j. Contribute to inundation by seiche, tsunami, or
mudflow?

DISCUSSION
a.-j. No Impact. These new requirements by themselves do not propose or authorize any development. Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. Therefore, the addition of Chapter 18.33 of the Development Code would not result in significant impacts. The new requirements essentially provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. As a result, the additions to the Code is not anticipated to result in significant impacts to 05/10/2022 PH2 18 of 35

Negative Declaration Page 12

Small Lot Residential Development Requirements March 2022 City of Vista
water quality standards, existing drainage patterns or drainage systems, or expose people or structures to a significant risk of loss, injury or death involving flooding. Therefore significant impacts to hydrology and water quality would not occur.

X. Land Use and Planning

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Disrupt or divide the physical arrangement of an
established community?
b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the
Project (including, but not limited to the
Comprehensive Plan, specific plan, local coastal
program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental
effect?

c. Be incompatible with existing land use in the vicinity?

DISCUSSION
a.-c. No Impact. These new requirements by themselves do not propose or authorize any development. Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. Therefore, the addition of Chapter 18.33 of the Development Code would not result in significant impacts. The new requirements essentially provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. Therefore, the addition of Chapter 18.33 of the Development Code would not by itself result in any substantial adverse changes to land use plans, policies or regulations, would not disrupt or divide the physical arrangement of the established community, and would not be incompatible with existing land uses. Any future physical development of a site would be fully analyzed for any potential environmental effects at the time of formal submittal to the City.

XI. Mineral Resources

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation

Less than
Significant
Impact
No
Impact
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?

b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local
Comprehensive Plan, specific plan or other land use
plan?

Negative Declaration Page 13

Small Lot Residential Development Requirements March 2022 City of Vista
discretionary and would be reviewed independently for potential environmental impacts. Therefore, the addition of Chapter 18.33 of the Development Code would not result in significant impacts. The new requirements essentially provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. As a result, adoption of the revisions to this Development Code would not result in significant impacts to mineral resources.

XII. Noise

Would the project result in:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Exposure of persons to or generation of noise levels in excess of standards established in the local general
plan or noise ordinance, or applicable standards of other agencies?

b. Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
c. A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing without the project?

d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?

e. For a project located within an airport land use plan, or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?

f. For a project in the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?

DISCUSSION
a.-f. No Impact. These new requirements by themselves do not propose or authorize any development. Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. Therefore, the addition of Chapter 18.33 of the Development Code would not result in significant impacts. The new requirements essentially provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. As a result, the modifications to the Development Code would not expose people to generation of noise or groundborne vibration levels in excess of any noise standards, would not produce substantial temporary or permanent increases in ambient noise levels, or subject people to noise levels from public or private airports. As such, the proposed project would not result in significant noise impacts.

05/10/2022 PH2 20 of 35

Negative Declaration Page 14

Small Lot Residential Development Requirements March 2022 City of Vista
XIII. Population and Housing

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Induce substantial population growth in an area,
either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through an
extension of roads or other infra-structure)?

b. Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere?

c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?

DISCUSSION
a.-c. No Impact. Adoption of the proposed Chapter 18.33 of the Development Code would not by itself contribute to the inducement of population growth or the displacement of any existing housing or people. Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. The new requirements essentially provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. Any future physical development of a site would be fully analyzed for any potential environmental effects at the time of formal submittal to the City.

XIV. Public Services

a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or need for new or
physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response
times or other performance objectives for any of the
following public services:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact

1. Fire protection?

2. Police protection?

3. Schools?

4. Maintenance of public facilities including roads?

5. Other public facilities?

DISCUSSION
a1 – a5. No Impact. These new requirements by themselves do not propose or authorize any development. Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. Therefore, the addition of Chapter 18.33 of the Development Code would not result in significant impacts. The new requirements essentially provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. No additional public services are anticipated as result of the adoption of these code 05/10/2022 PH2 21 of 35

Negative Declaration Page 15

Small Lot Residential Development Requirements March 2022 City of Vista
revisions. Therefore, significant impacts to these services would not occur.

XV. Recreation

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?

b. Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical effect on the environment?

DISCUSSION
a.-b. No Impact. Adoption of the proposed Chapter 18.33 of the Development Code would not by itself contribute to the inducement of population growth; therefore, the project would not increase the need for recreational opportunities. Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. Therefore, no significant impacts to recreation would occur.

XVI. Transportation/Traffic

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at intersections)?

b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion
management agency for designated roads and
highways?

c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks?

d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?

e. Result in inadequate emergency access?
f. Result in inadequate parking capacity?
g. Conflict with adopted policies plans, or programs
supporting alternative transportation (e.g., bus turnouts, bicycle racks)?

DISCUSSION
05/10/2022 PH2 22 of 35

Negative Declaration Page 16

Small Lot Residential Development Requirements March 2022 City of Vista
a.-g. No Impact. These new requirements by themselves do not propose or authorize any development. Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. Therefore, the addition of Chapter 18.33 of the Development Code would not result in significant impacts. The new requirements essentially provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. Therefore, the addition of Chapter 18.33 of the Development Code would not by itself result in any substantial increases in traffic, or exceed any level of service standards, or result in increased road hazards, inadequate emergency access or conflicts with alternative transportation policies. As a result, no significant transportation or traffic impacts would occur. Any future physical development of a site would be fully analyzed for any potential environmental effects at the time of formal submittal to the City.

XVII. Utilities and Service Systems

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b. Require or result in the construction of new water or wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?

c. Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?

d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or
are new or expanded entitlements needed?

e. Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?

f. Be served by a landfill with sufficient permitted
capacity to accommodate the project’s solid waste
disposal needs?

g. Comply with federal, state, and local statutes and
regulations related to solid waste?

DISCUSSION
a.-g. No Impact. These new requirements by themselves do not propose or authorize any development. Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. Therefore, the addition of Chapter 18.33 of the Development Code would not result in significant impacts. The new requirements essentially provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. No additional utilities and service systems are expected as result of the adoption of these 05/10/2022 PH2 23 of 35

Negative Declaration Page 17

Small Lot Residential Development Requirements March 2022 City of Vista
code revisions. Therefore, no significant impacts to these service systems would occur.

XVIII. Mandatory Finding of Significance

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate plant or animal
community, reduce the number or restrict the range
of rare or endangered plant or animal or eliminate
important examples of the major periods of California
history or prehistory?

b. Does the project have impacts that are individually
limited, but cumulatively considerable (“Cumulatively
considerable” means that the incremental effects of
a project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable future
projects)?

c. Does the project have environmental effects, which
will cause substantial adverse effects on human
beings, either directly or indirectly?

DISCUSSION
a.-c. No Impact. These new requirements by themselves do not propose or authorize any development. Future applications for development under the proposed ordinance would be discretionary and would be reviewed independently for potential environmental impacts. Therefore, the addition of Chapter 18.33 of the Development Code would not result in significant impacts. The new requirements essentially provide opportunities for small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities in Vista. As discussed in the preceding sections, the addition of Chapter 18.33 by itself does not have the potential to significantly degrade the quality of the environment, including effects on animals or plants, or to eliminate historic or prehistoric sites. As discussed in the preceding sections, both short-term and long-term environmental effects associated with the new regulations would not result in significant impacts. Further, when impacts associated with the project are considered alone or in combination with other impacts, the project-related impacts are not significant. The above discussions do not identify any substantial adverse impacts to people as a result of the project.

05/10/2022 PH2 24 of 35

Negative Declaration Page 18

Small Lot Residential Development Requirements March 2022 City of Vista
E. REFERENCES AND LIST OF PREPARERS

DOCUMENTS CONSULTED

Section 15150 of the State CEQA Guidelines permits an environmental document to incorporate by reference other documents that provide relevant data. The documents listed below are hereby incorporated by reference. The pertinent material is summarized throughout this Initial Study where that information is relevant to the analysis of impacts of the proposed project. All referenced documents that are starred * are on file and available for review at the City of Vista Planning Division office located at 200 Civic Center Drive Vista, California 92084- 6275.

California Department of Conservation. 2012. San Diego County Important Farmland Map.

California Department of Conservation, Division of Mines and Geology. 1993. Mineral Land Classification: Aggregate Materials in the Western San Diego County Production-Consumption Region. Special Report 153.

City of Vista and Buena Sanitation District. 2017. Sewer Master Plan Update. January.

Available on-line - http://www.cityofvista.com/city-services/city- departments/engineering/water-utilities
City of Vista and Buena Sanitation District. 2014. Sewer System Management Plan. March.

City of Vista. 2015, Appendix G revised 2015. Stormwater Standards Manual. Available on- line, http://www.cityofvista.com/city-services/city-departments/engineering City of Vista. 2011. Vista General Plan 2030 Update and Program EIR. Available on-line, http://www.cityofvista.com/city-services/city-departments/community-development/ common-questions/vista-general-plan-2030 *
City of Vista. Various. Municipal Code and Development Code. Available on-line, http://www.cityofvista.com/city-services/city-departments/community- development/common-questions/municipal-development-codes.

Vista Irrigation District. 2017. Potable Water Master Plan.

Vista Irrigation District. 2020. 2020 Urban Water Management Plan.

INDIVIDUALS AND ORGANIZATIONS CONSULTED

John Conley, Director - Community Development Dept. & Engineering Dept., City of Vista

PREPARER

Patsy Chow, Deputy Director/City Planner, City of Vista

05/10/2022 PH2 25 of 35

00107221 2
ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, ADDING CHAPTER 18.33 OF THE DEVELOPMENT

CODE REGARDING SMALL LOT RESIDENTIAL

DEVELOPMENT REQUIREMENTS
The City Council of the City of Vista does ordain as follows:

1.Findings. The City Council hereby finds and declares all of the following:

A.The City intends to add Chapter 18.33 of the Vista Development Code to establish certain small lot subdivision requirements for creation of fee simple owned lots.

B.The Development Code addition of new requirements would not conflict with the goals and policies in the General Plan.

C.The provisions set forth below further the goals and policies of the General Plan and promote the health, safety, and welfare of the City.

2.Code Amendment
A.Chapter 18.33, Small Lot Residential Development Requirements, is added to read as follows:
“Sections:

18.33.010 Purpose of Provisions

18.33.020 Definitions

18.33.030 Zones

18.33.040 General Requirements for Small Lot Subdivisions

18.33.050 Front Yards

18.33.060 Side Yards

18.33.070 Rear Yards

18.33.080 Building Height

18.33.090 Utilities

18.33.100 Process

18.33.110 Conflict of Provisions
Section 18.33.010 Purpose of Provisions
The purpose of this chapter is to establish a reasonable and uniform regulatory framework for the subdivision of land into small lots. Small lot subdivisions are intended to provide an alternative to the traditional single- family subdivision, thereby increasing options for fee simple homeownership opportunities.

Section 18.33.020 Definitions
"Development site" shall mean the total land area of a small lot subdivision after all required dedications for public improvements. “Maintenance agreement” shall mean an agreement executed by all small lot owners to maintain all common areas and appurtenances in a small lot subdivision, including any reciprocal access and/or maintenance easements, and 05/10/2022 PH2 26 of 35EXHIBIT 2

00107221 2
which requires each owner and any successor owner to pay a proportionate share of the small lot subdivision’s maintenance and related costs. A maintenance agreement is recorded and runs with the land.

“Maintenance association” shall mean an incorporated or unincorporated association that maintains all common areas and appurtenances in a small lot subdivision, including any reciprocal access and/or maintenance easements, subject to a declaration of covenants, conditions and restrictions (CC&Rs) that run with the land.

“Small Lot” shall mean a parcel of land created through a small lot subdivision for the purpose of developing it with a single-family residence.

“Small Lot Subdivision” shall mean a residential development containing detached single-family residences on land that is subdivided into fee simple parcels each containing one unit.

“Ultimate Street Line” means the future boundary line between a street and the property abutting such street as established by Specific Plan or General Plan adopted pursuant to the State Conservation and Planning Act.

Section 18.33.030 Zones

Small lot subdivision is only permitted in the following zones: R-1-B and R-M (up to a density of 15 dwelling units per acre).

Section 18.33.040 General Requirements for Small Lot Subdivisions

A small lot subdivision shall meet the following standards:

A. Minimum Lot Area: 3,600 square feet for each proposed lot, or 3,600 square feet as an average of the proposed lot sizes after deducting the smallest and largest lot sizes from the average calculation. For example, if there are ten proposed lots, and the smallest lot is 3,000 square feet and the largest lot is 13,000 square feet, the average calculation would be based on the remaining eight lots sizes divided by eight.

B. Minimum Lot Width: 45 feet
C. Minimum Lot Width in a Cul-de-sac: 20 feet
D. Sidewalks and landscaped parkways are required on both sides of the street with minimum six-foot-wide landscaped parkways.

E. On-street parking shall be provided on both sides of the street, whether a public or private street.

F. Curb to curb street width shall be a minimum of 40 feet to accommodate on-street parking on both sides of the street.

G. Common Open Space: 200 square feet per unit combined into one area or divided between a maximum of two areas on the project site.

H. Private Open Space: 200 square feet per unit with a minimum 10- foot dimension. Stormwater basins cannot be counted towards meeting the open space requirements, whether common or private open space requirements.

I. Driveways: straight-in access from a private street or public street to a garage shall be at least 20 feet long, as measured from the ultimate public or private right-of-way (existing street in which the subject street has been dedicated or improved to its ultimate width).
05/10/2022 PH2 27 of 35

00107221 2
J. Parking: five spaces per unit, including two guest parking spaces on the driveway and two parking spaces in the garage of each unit at all times.

K. Private streets shall meet or exceed the private street design standards of Chapter 16.57 of Vista Development Code, unless stated otherwise in this chapter.

L. Walls and fences: decorative block walls are required along the perimeter of the project; however, use of wrought iron elements may be approved where appropriate to enhance views.

M. Landscaping: provide 24-inch box street trees, landscaped parkways, and slope erosion control/planting per Landscape Manual requirements.

N. Storage: provide minimum 160 cubic feet enclosable storage cabinet for each dwelling unit, this can be placed in the garage.

O. All small lot subdivisions are subject to: (i) a declaration of covenants, conditions, and restrictions (CC&Rs) governed by a maintenance association; or (ii) a maintenance agreement, as applicable. The CC&Rs or maintenance agreement are subject to the following provisions:

1. The CC&Rs or maintenance agreement shall run with the land and must be established prior to the sale of any unit(s). Small lot subdivisions with five or more parcels shall establish CC&Rs whereas small lot subdivisions with four or less parcels may establish a maintenance agreement or CC&Rs.

2. Membership in the maintenance association or to the
maintenance agreement shall be mandatory for each small lot owner and any successor owner.

3. Parking shall be restricted upon other than approved and developed parking spaces, and garages must be kept available for two resident parking spaces at all times.

4. A final copy of the CC&Rs or maintenance agreement shall be filed with the City.

P. Modification of standards: A small lot subdivision may have up to two of the above standards modified as an express condition of approval of a Site Development Plan, upon approval of the Planning Commission at a noticed public hearing. This section does not apply to the standards in subsections A, B, D, E, F, G, H, J, and O which may not be modified.

Section 18.33.050 Front Yards

Single-family residences in a small lot subdivision shall maintain a front setback of 20 feet from the ultimate street line or driveway line to the face of garage, and ten feet from the ultimate street line or driveway line to the remainder of the single-family residence. Deviations from the requirements of this section may be permitted as an express condition of approval of a Site Development Plan, upon approval of the Planning Commission at a noticed public hearing. However, in no case shall a reduction of front yard setback of more than two feet be permitted.

Section 18.33.060 Side Yards

Single-family residences in a small lot subdivision shall maintain a side yard on each side of the lot or building, and each side yard shall be not less than five feet in width. No encroachments into the required side yards shall be permitted. In the case of a corner lot where the side yard is facing a street (public or private), such side yard shall be not less than ten feet in width.

05/10/2022 PH2 28 of 35

00107221 2
Section 18.33.070 Rear Yards

Single-family residences in a small lot subdivision shall maintain a rear yard of not less than ten feet in width. No encroachments into the required rear yard shall be permitted.

Section 18.33.080 Building Height

The maximum building height for single-family residences in a small lot subdivision shall be 35 feet or two stories, whichever is lowest.

Section 18.33.090 Utilities

A. Unless stricter provisions are required by other provisions of this title, all electrical and communication conduit and outdoor conductor service facilities for small lots shall be installed underground within the boundaries of any lot or building site for which a building permit for a single- family dwelling is requested.

B. No additional poles for such facilities may be installed to provide service for any such lot or building site, except for required replacement of poles which were installed before such date.

C. The owner of each such lot or building site shall make the necessary arrangements with each serving utility for the underground installation required hereby.

D. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other facilities necessary and appurtenant to such underground utilities and the adjacent street lighting system may be placed above ground.

Section 18.33.100 Process

A. Small lot subdivisions shall be processed and reviewed via submittal of a Tentative Parcel Map, pursuant to Vista Development Code Chapter 17.76, or Tentative Subdivision Map, pursuant to Vista Development Code Chapter 17.12, along with a Site Development Plan application pursuant to Vista Development Code Chapter 18.64, for review and decision by the Planning Commission.

Applicable fees will apply at the time of submittal to the City.

B. All applicable planning application permits shall be processed concurrently for review and approval by the Planning Commission and shall be appealable to the City Council unless the project is required to obtain final approval from City Council due to general plan amendment or zone change application.

Section 18.33.110 Conflict of Provisions

In the event of conflicting provisions between this chapter and any provisions required elsewhere in the Vista Development Code, the provisions required by this chapter shall take precedence unless contrary to state or federal law.”

3. Severability. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall, be so construed, as if the original ordinance did not contain the invalid or unenforceable language.
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4. Effective Date. This Ordinance shall be effective on the thirty-first day following the date of its adoption. The City Clerk is authorized and directed to publish a copy in the manner provided by law.

5. Adoption. INTRODUCED and ADOPTED at a meeting of the City Council of the City of Vista held on May 10, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

DAROLD PIEPER, CITY ATTORNEY

By:

JUDY RITTER, Mayor

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED
Darold Pieper
20220428154945

05/10/2022 PH2 30 of 35

P22-0018sr 1

PLANNING COMMISSION

STAFF REPORT

PUBLIC HEARING
April 19, 2022
P22-0018
REQUEST: Amendment to the Vista Development Code regarding small lot residential development requirements contained in Chapter 18.33 of Title 18 – Zoning
APPLICANT: City of Vista
RECOMMENDATION: Adopt Resolution 2022- , recommending City Council approval of the Negative Declaration for an Ordinance
creating Chapter 18.33 of the Vista Development Code
regarding small lot residential development requirements Adopt Resolution 2022- , recommending City Council approval of an Ordinance creating Chapter 18.33 of the
Vista Development Code regarding small lot residential
development requirements
LOCATION: Citywide
I.BACKGROUND:

In recent years, Vista has seen significant interest in small lot single-family residential developments as another way to promote homeownership and owner-occupied housing opportunities for individuals trying to buy a home in Vista. Because the City’s Development Code does not currently allow for small single-family lots (i.e., lots that are less than 6,000 square feet), most developers pursuing small lot residential projects have instead developed detached owner-occupied condominium units with common underlying ownership under a condominium map structure. In an effort to allow for individual ownership of single-family lots and accommodate detached single-family homes at comparable densities of developed condo projects, staff is recommending consideration of new small lot development requirements.

Before developing draft recommendations, staff researched several different cities in the region that already have regulations in place to address small single-family lots in a subdivision setting. Draft recommendations and a draft ordinance were then presented to the City Council on February 22, 2022 at a regularly scheduled City Council meeting. At that meeting, general direction was given to staff by City Council regarding moving forward with the draft requirements as proposed by staff. Staff has put together final draft recommendations to be presented to the Planning Commission for their formal recommendation to the City Council.
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EXHIBIT 3

P22-0018sr 2
II.ANALYSIS:

A.Proposed Draft Recommendations
In general, the proposed amendment consists of an ordinance that creates Chapter 18.33, Small Lot Residential Development Requirements, of the City’s Development Code to introduce development standards and requirements for small lots. Staff’s draft recommendations are summarized below and provided in their entirety under Exhibit 2.

R-1-B and R-M (up to 15 dwelling units/acre) residential zones: Staff recommends new small lot residential development requirements to be applicable only within the R-1-B and R-M zones (up to a density of 15 dwelling units per acre), where the small lot development pattern most closely resembles the existing zoning requirements within these zones. Staff does not recommend introducing small lot subdivisions in lower density zones and/or semi-rural and rural neighborhoods where the small lot pattern would not be consistent with surrounding large lot developments.

Conversely, it is not recommended to introduce small lot developments in higher density zones (above 15 dwelling units per acre) as this could adversely impact the opportunities for higher density housing per the City’s Housing Element.

Requirements for Small Lot Development: Ensure that standards, such as a minimum lot size of 3,600 square feet and a lot width of 45 feet are met.

Sidewalks and landscaped parkways would be required on both sides of the street with minimum 6-foot wide landscaped parkways. On-street parking would be required on both sides of the street whether a public or private street. Common and private open space requirements would apply. Other standards would include treatment for walls and fences, landscaping requirements and storage space for each unit.

Development Standards: These include setback requirements, building height, and utility provisions. Proposed front yard setbacks are 20 feet to the face of the garage and 10 feet to the remainder of the home, 5 feet on the sides and 10 feet in the rear yard. The proposed building height is two stories or 35 feet, whichever is lowest, consistent with all other single-family zones’ height requirements. In addition, all overhead utilities on the project site are required to be placed underground.

Process: Small lot development projects shall be processed and reviewed via submittal of a Tentative Parcel Map or Tentative Subdivision Map along with a Site Development Plan application. These applications would be reviewed by the Planning Commission and would be appealable to the City Council, consistent with all other major subdivision applications. Applicable fees would apply at the time of submittal to the City. If a zone change or General Plan amendment are requested by the applicant along with a small lot development application, the project would require final review by the City 05/10/2022 PH2 32 of 35

P22-0018sr 3
Council following a recommendation from the Planning Commission.

B. Environmental Review
A Negative Declaration and Initial Study were prepared pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations Section, 15000, et seq.). It was made available for a 20-day public review period from March 24 to April 12, 2022. No comments were received during this review period.

III. CONCLUSION AND RECOMMENDATION:

Staff recommends approval of the Resolution recommending City Council approval of the Negative Declaration as well as approval of the Resolution recommending City Council adoption of the zoning code amendment pertaining to small lot residential development requirements.

Respectfully submitted,

Patsy Chow
Deputy Director / City Planner
Community Development Department

EXHIBITS:
1- Resolution 2022- , recommending City Council approval of the Negative Declaration for an Ordinance creating Chapter 18.33 of the Vista Development Code regarding small lot residential development requirements, with Exhibit “A”. 2- Resolution 2022- , recommending City Council approval of an Ordinance creating Chapter 18.33 of the Vista Development Code regarding small lot residential development requirements, with Exhibit “A”
05/10/2022 PH2 33 of 35

ACTIONS OF THE PLANNING COMMISSION MEETING
APRIL 19, 2022

ROLL CALL: Chmn. Rick Rosaler (absent) Cmnr. Don Looney Vice Chmn. Charles Grimm Cmnr. John Savage (absent) Cmnr. John Aguilera Stdnt. Cmnr. Kassani Rio Herrera Cmnr. Garry Garretson Stdnt. Cmnr. Peter Childs Cmnr. Beth Hastings

STAFF PRESENT:

Director of Community Development & Engineering John Conley Deputy Director of Community Development/City Planner Patsy Chow Principal Planner Michael Ressler
Deputy City Attorney Amanda Guy
Administrative Secretary Joanne Principe

PLEDGE OF ALLEGIANCE
Cmnr. Garretson led the Pledge of Allegiance

APPROVAL OF MINUTES:

Cmnr. Aguilera moved to approve the minutes of April 5, 2022. Seconded by Cmnr. Garretson

MOTION TO APPROVE CARRIED: Vote 5-0 (Chair Rosaler and Cmnr. Savage absent)

AGENDA CHANGES:

Deputy Director of Community Development/City Planner Patsy Chow stated that Public Hearing Item Two (PH2) P22-0111 – BevMo! Extended Hours for Delivery Purposes - Beverages and More, Inc. has been taken off the agenda per applicant’s request.

We will have to re-notice the item when/if it comes back to the Commission at a later date.

ORAL COMMUNICATIONS:

None

PUBLIC HEARING ITEM:

PH1 - P22-0018 - City of Vista Small Lot Residential Development Requirements A Negative Declaration and a proposed amendment to Title 18, adding Chapter 18.33 to the Vista Development Code regarding Small Lot Residential Development Requirements. The proposed project consists of an ordinance to introduce certain small lot requirements and associated standards. Specifically, the ordinance is intended to provide code simplification and clarity for creation of owner-occupied housing opportunities and small lot single-family residential developments as another way to promote homeownership. New small lot residential development requirements would be applicable only within the R-1-B and R-M zones (up to a density of 15 dwelling units per acre), where the small lot development pattern most closely resembles the existing 05/10/2022 PH2 34 of 35

zoning requirements within these zones. Sidewalks and landscaped parkways would be required on both sides of the street with minimum 6-foot wide landscaped parkways.

On-street parking would be required on both sides of the street whether a public or private street. Common and private open space requirements would apply. Other standards would include treatment for walls and fences, landscaping requirements and storage space for each unit. Small lot development projects would be processed and reviewed via submittal of a discretionary application for a Tentative Parcel Map or Tentative Subdivision Map along with a Site Development Plan. These applications would be reviewed by the Planning Commission and would be appealable to the City Council, consistent with all other major subdivision applications.

Deputy Director of Community Development/City Planner Patsy Chow, provided staff presentation.

ACTION:

1. Opened, conducted, received testimony, and closed public hearing.

2. Adopted Resolution 2022-07, recommending City Council approval of the Negative Declaration for an Ordinance creating Chapter18.33 of the Vista Development Code regarding small lot residential development requirements

3. Adopted Resolution 2022-08, recommending City Council approval of an Ordinance creating Chapter 18.33 of the Vista Development Code regarding small lot residential development requirements

THE PLANNING COMMISSION MADE A COUPLE OF RECOMMENDATIONS AS

PART OF THEIR ACTION AND BOTH HAVE BEEN INCORPORATED INTO THE ORDINANCE FOR COUNCIL’S CONSIDERATION AND ADOPTION:

1. Proposed minimum lot width of 45 feet required at all times without possibility of deviation; and

2. Require two resident parking spaces in the garage at all times via CC&Rs or a maintenance agreement that preclude storage in the garage that could otherwise prevent parking of two cars in the garage of each unit.

MOTION TO APPROVE CARRIED: Vote 5-0 (Chair Rosaler and Cmnr. Savage absent)

ADJOURNMENT:

Vice Chair Grimm adjourned the meeting at 7:11 PM.
05/10/2022 PH2 35 of 35

CITY OF
Small Lot Residential Development
Requirements
P22-0018
City Council Public Hearing
May 10, 2022

CITY OF
Background
• Past several years, significant interest in small lot single-family residential developments as another way to promote homeownership and owner- occupied housing opportunities for individuals trying to buy a home in Vista.
• Current Development Code does not allow for small single-family lots, less than 6,000 SF in size.
• Instead, developers have proposed and built detached owner-occupied condominium units with common underlying ownership under a condominium map structure.
• Staff researched several other cities with small lot requirements to develop our own regulations.
• On February 22, 2022, held a discussion with City Council to discuss draft recommendations and a draft ordinance for small lot residential developments and provided direction to staff.

CITY OF VISTA
Proposed Regulations
• R-1 -13 and R-M (up to 15 dwelling units/acre) residential zones: Staff recommends new small lot residential development requirements to be applicable only within the R-1 -13 and R-M zones (up to a density of 15 dwelling units per acre), resembles current regs in those zones. — not introduce small lot subdivisions in lower density zones and/or semi-rural and rural neighborhoods
— not introduce in higher density zones (above 15 du/ac) • Minimum lot size: 3600 SF
• Minimum lot width of 45 feet
• Minimum lot width in a cul-de-sac: 20 feet
• Sidewalks and 6-foot wide landscaped parkways on both sides of the street

CITY OF VISTA
Proposed Regulations
• On-street parking would be required on both sides of the street whether a public or private street, curb to curb street width shall be a minimum of 40 feet to accommodate on-street parking
• Common Open Space: 200 square feet per unit combined into one area or divided between two areas on the project site • Private Open Space: 200 square feet per unit with a minimum 10-foot dimension. Stormwater basins cannot be counted towards meeting this requirement for private or common open space
• Driveways: straight-in access from a private street or public street to a garage shall be at least 20 feet long

CITY OF VISTA
Proposed Regulations
• PARKING: 5 spaces per unit, including two guest parking spaces on the driveway.
• PRIVATE STREETS shall meet or exceed the street design standards of the Development Code
• WALLS AND FENCES: decorative block walls are required along the perimeter of the project; however, use of wrought iron elements may be approved where appropriate to enhance views.
• LANDSCAPING: provide 24-inch box street trees, landscaped parkways, and slope erosion control/planting per Landscape Manual requirements. • STORAGE: provide minimum 160 cubic feet enclosable storage cabinet for each dwelling unit

CITY OF VISTA
Proposed Regulations
• FRONT YARD setback: 20 feet from the ultimate street line or driveway line to the face of garage, and 10 feet from the ultimate street line or driveway line to the remainder of the residential unit. • SIDE YARD setback: 5 feet (corner lot where the side yard is facing a street: 10 feet)
• REAR YARD: 10 feet
• BUILDING HEIGHT: 35 feet or two stories, whichever is lowest. • UTILITIES: all electrical and communication conduit and outdoor conductor service facilities shall be installed underground • If conflicts exist between above standards and other parts of the Development Code, all of the above standards would take precedence.

CITY OF VISTA
Proposed Regulations
Process: Small lot development projects would be processed and reviewed via submittal of a Tentative Parcel Map or Tentative Subdivision Map along with a Site Development Plan application.

Reviewed by the Planning Commission and would be appealable to the City Council, consistent with all other major subdivision applications.

If a zone change or General Plan amendment are requested by the applicant along with a small lot development application, the project would require final review by the City Council following a recommendation from the Planning Commission.

CITY OF VISTA
Potential Sites based on Existing Zoning
• There are approximately 8 to 10 vacant sites in the R-1 -B, RM-10 and RM-15 zones that could potentially be developed with small lot residential development.
• Vista is primarily built out, but there could be opportunities for rezone or general plan amendments to allow for small lot residential development, this would require City Council preliminary discussion before a project can move forward for formal consideration.

CITY OF VISTA
Environmental Review
A Negative Declaration and Initial Study were prepared pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations Section, 15000, et seq.). It was made available for a 20- day public review period from March 24 to April 12, 2022. No comments were received during this review period.

CITY OF VISTA
Planning Commission Recommendation
On April 19, 2022, the Planning Commission made a couple of recommendations as part of their action and both have been incorporated into the Ordinance for City Council's consideration and adoption:
1- Proposed minimum lot width of 45 feet required at all times without possibility of deviation
2- Require two resident parking spaces in the garage at all times via CC&Rs or a maintenance agreement that preclude storage in the garage that could otherwise prevent parking of two cars in the garage of each unit.

MOTION TO APPROVE CARRIED: Vote 5-0 (Chair Rosaler and Cmnr.

Savage absent)

CITY OF VISTA
Staff Recommendation
- Adopt Resolution 2022- , approving the Negative Declaration for an Ordinance creating Chapter 18.33 of the Vista Development Code regarding small lot residential development requirements - Introduce and adopt Ordinance 2022- , creating Chapter 18.33 of the Vista Development Code regarding small lot residential development requirements

CITY OF
Small Lot Residential Development
Requirements
P22-0018
City Council Public Hearing
May 10, 2022

CITY OF VISTA
Other Cities with Small Lot Requirements
-San Diego (adopted 1997)
-Santa Ana (2018)
-Costa Mesa (2018)
-Buena Park (1994)
-Westminster (2011)
-Brea (1997)
-Chino (2010)

CITY OF VISTA
Detached Condominium Projects
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- Serra (Shea Homes) project on E. Vista Way
- Wildgrove (Meritage Homes) on Buena Vista Drive - Arroyo Vista (Meritage Homes) at the corner of Sycamore Avenue and Watson Way
- Vista Hannalei (Century Communities) at the terminus of Phillips Street

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Vista City CouncilMay 10, 2022

Vista City Council
May 10, 2022