cc 2022 AR 10/04 zoning code amendments related to state housing legislation

•

CITY COUNCIL
AGENDA ❑

COMMUNITY DEVELOPMENT COMMISSION
REPORT ❑ SUCCESSOR AGENCY
❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Department: Community Development Item No: PH1 Prepared by: John Conley, Director Meeting Date: October 4, 2022 Approved by: Patrick Johnson, City Manager Agenda Location: Public Hearing SUBJECT: ZONING CODE AMENDMENTS RELATED TO STATE HOUSING LEGISLATION RECOMMENDATION:

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

2. Introduce and adopt City Council Ordinance No. 2022- , amending Chapter 18.31 of the Vista Development Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units.

3. Introduce and adopt City Council Ordinance No. 2022- amending Chapter 18.90 of the Vista Development Code regarding Residential Density Bonus Requirements.

4. Introduce and adopt City Council Ordinance No. 2022- , adopting requirements for Two-Unit Housing Developments and Urban Lot Splits in Single-Family Residential Zones to implement Senate Bill No. 9, and adopting requirements for a Zoning Clearance Process.

5. Adopt City Council Resolution No. 2022- adopting Objective Design Standards for Multi-Family Residential and Mixed-Use Development.

6. Adopt City Council Resolution No. 2022- adopting user fees for Urban Lot Split and Two-Unit Housing Development applications.

CORRELATION TO CITY COUNCIL GOALS: Homelessness and Housing.

PRIOR ACTION: A complete list of prior actions is included as Exhibit 9.

PRIOR PLANNING COMMISSION ACTION: On September 6, 2022, adopted Planning Commission Resolution No. 2022-15, recommending City Council approval of ordinances adding Development Code Chapters 17.86 for Urban Lot Splits, 18.71 for Zoning Clearances, and 18.96 for Two-Unit Housing Developments, amending chapters 18.31 for Accessory Dwelling Units and 18.90 for Residential Density Bonus, and recommending approval of a resolution adopting Objective Design Standards for multi-family residential and mixed-use development (Vote: 6-0, Looney absent).

STATEMENT ON THE SUBJECT: The State of California has enacted several new laws over the past two legislative sessions that require updates to the City's codes related to housing. These include amendments to the Vista Development Code that regulate Accessory Dwelling Units (Chapter 18.31) and ACTION: Approved above recommendation, introduced and adopted the following: 1) City Council Ordinance No. 2022-16; 2) City Council Ordinance No. 2022-17; and 3) City Council Ordinance No. 2022-18.

Adopted the following: 1) City Council Resolution No. 2022-145; and 2) City Council Resolution No. 2022-146. Vote: 4-0 (Green absent)
yjk-,=� I J,�4k�
Clerk/Se retary
10/04/2022 PH 1 Page 1 of 119

MEETING DATE: October 4, 2022 PAGE 2
SUBJECT: ZONING CODE AMENDMENTS RELATED TO STATE HOUSING LEGISLATION Residential Density Bonus (Chapter 18.90), as well as new chapters to address development rights provided under Senate Bill (SB) 9 (Atkins) and new objective design standards required under SB 330 (Skinner). The housing legislation triggering these proposed code amendments is summarized below, and the action needed by the City is detailed in the following section.

Accessory Dwelling Units: Legislation affecting Accessory Dwelling Units (ADUs) regulations statewide was initially enacted in 2017 and new legislation has followed each year. The latest amendments (Assembly Bill (AB) 345 (Quirk-Silva), AB 3182 (Ting), AB 881 (Bloom), AB 68 (Ting), and SB 13 (Wieckowski) made significant revisions to the laws governing the development of ADUs. These bills significantly expand the ability to develop ADUs in residential and mixed-use zones and reduce barriers to their development.

Residential Density Bonus: Assembly Bill 1763 (AB 1763) (Chiu) was passed in 2019 and expands density bonus provisions as well as increases concessions for 100 percent affordable projects. AB 2345 (Gonzalez) followed in 2020, which increases the maximum allowable density that can be achieved under Density Bonus law, as well as the number of concessions and incentives a developer may request.

Senate Bill 9: SB 9 was passed in 2021 and establishes a new ministerial approval process for subdividing an existing single-family lot as well as establishing the ability to develop two residential units (exclusive of ADUs) on any existing single-family lot, regardless of existing zoning standards.

Objective Design Standards: SB 330, the "Housing Crisis Act of 2019" was passed in 2019 and establishes new rules for projects defined as "housing developments," makes significant changes to the development entitlement process for housing projects, and limits local jurisdiction's ability to deny housing projects, downzone, or impose growth control measures, among other revisions. Although the majority of these legislative changes apply to the development review process and do not trigger zoning code amendments, the City is required to create and adopt new objective design standards for housing projects.

Proposed Vista Development Code Amendments. The legislative changes detailed above require the City to add to and amend various chapters of the Vista Development Code (VDC) related to subdivision (Title 17) and zoning (Title 18) standards and establishes new objective design standards for specified residential and mixed-use development projects. The proposed revisions amend existing regulations related to ADU's and residential density bonus requirements and establish new standards to implement SB 9 for urban lot splits and two-unit residential developments. In addition, staff is recommending the adoption of a new process for zoning clearances and new objective design standards to comply with SB 330. Each of these changes are described below.

ADUs. The proposed changes would amend VDC Chapter 18.31 related to ADUs by adding to and/or modifying definitions, applicable zones, requirements for ADUs, number of ADUs, size, setbacks, height, parking, architectural consistency, requirements for Junior ADUs (or JADUs), fees and submittal requirements. The proposed code revisions are included in the draft Ordinance attached as Exhibit 1, summarized in the Planning Commission staff report attached as Exhibit 6, and shown in redline format in Exhibit 7.

Residential Density Bonus. The proposed changes would amend VDC Chapter 18.90 related to Residential Density Bonus by adding to and/or modifying the purpose and intent of the regulations, definitions, eligibility to receive density bonus and concessions and/or waivers, amount of density bonus, number of incentives and concessions and/or waivers or reduction of development standards, supplemental density bonuses and concessions, application process, decisions, findings and conditions, and regulation, parking, interpretation, and enforcement. The proposed code revisions are included in the draft Ordinance attached as Exhibit 2, summarized in the Planning Commission staff report attached as Exhibit 6, and shown in redline format in Exhibit 8.
10/04/2022 PH 1 Page 2 of 119

MEETING DATE: October 4, 2022 PAGE 3
SUBJECT: ZONING CODE AMENDMENTS RELATED TO STATE HOUSING LEGISLATION Senate Bill 9 (SB 9). SB 9 is State legislation that was signed into law in 2021 and became effective on January 1, 2022. SB 9 allows for"urban lot splits" which permits a property owner in any single-family residential zone to split a lot into two parcels regardless of minimum lot size under certain circumstances.

In addition, SB 9 permits a property owner in any single-family residential zone to develop a "two-unit residential development" on any lot regardless of applicable zoning standards, again under certain circumstances. Such approvals must be granted ministerially and may not be conditioned as historically required. Staff developed new standards for the implementation of SB 9, which are codified in proposed Chapter 17.86, Urban Lot Splits, and Chapter 18.96, Two-Unit Residential Developments. Staff further recommends a new Chapter 18.71, Zoning Clearance, for the ministerial review of these applications. The proposed regulations for Urban Lot Splits, Two-Unit Residential Developments, and Zoning Clearances are included in the draft Ordinance attached as Exhibit 3 and summarized in the Planning Commission staff report attached as Exhibit 6.

Staff is further recommending new user fees for the review of SB 9 applications. The level of effort required for the review of an Urban Lot Split is commensurate with the level of effort required to review a Tentative Parcel Map. Similarly, the level of effort required to review a Two-Unit Residential Development is equivalent to a Plot Plan review. Therefore, staff recommends using these existing user fees for SB 9 applications, which would equate to approximately $5,220 for the review of an Urban Lot Split application and approximately $3,625 for the review of a Two-Unit Residential Development application. A resolution establishing these user fees is included as Exhibit 5 and includes annual adjustments matching the current fee schedule.

Objective standards are intended to involve no personal or subjective judgment by a public official. Staff has drafted objective design standards for this purpose, which address the general categories of site design, building design, mixed-use standards, and utilitarian elements. The proposed Objective Design Standards are included as Exhibit 4A and are summarized in the Planning Commission staff report attached as Exhibit 6.

Planning Commission Review. The Planning Commission (Commission) reviewed the proposed zoning code amendments and design standards at their regular meeting on September 6, 2022. The Commission recommended approval of the proposed changes with some additional changes related to ADU regulations and Objective Design Standards. Changes to the ADU regulations were focused on addressing comments that were received from the California Renters Legal Advocacy and Education Fund related to applicable setbacks for converted structures, ADU building height and architectural design consistency with the primary unit. The Commission's recommended changes to the Objective Design Standards addressed access configurations for primary building entries, four-sided architecture on new buildings, and window treatments on commercial ground floors. The Planning Commission's recommendations are included in the proposed zoning amendments and Objective Design Standards presented by staff for the City Council's consideration.

FISCAL IMPACT: The proposed amendments to ADU regulations and Residential Density Bonus requirements do not have a direct fiscal impact. Similarly, implementation of the Objective Design Standards would not have a direct fiscal impact. The implementation of SB 9 would require staff's time to review such applications and, therefore, staff is recommending new user fees for this purpose. The recommended user fees would account for staff's time and, therefore, no fiscal impact is anticipated. 10/04/2022 PH 1 Page 3 of 119

MEETING DATE: October 4, 2022 PAGE 4
SUBJECT: ZONING CODE AMENDMENTS RELATED TO STATE HOUSING LEGISLATION EXHIBITS:

1. City Council Ordinance No. 2022- , amending Chapter 18.31 of the Vista Development Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units (page 5)

2. City Council Ordinance No. 2022- , amending Chapter 18.90 of the Vista Development Code regarding Residential Density Bonus Requirements (page 13)

3. City Council Ordinance No. 2022- , adopting requirements for Two-Unit Housing Developments and Urban Lot Splits in Single-Family Residential Zones to implement Senate Bill No. 9, and adopting requirements for a Zoning Clearance Process (page 27)

4. City Council Resolution No. 2022- , adopting Objective Design Standards for Multi-Family Residential and Mixed-Use Development with Exhibit A (page 45)
A. Draft Objective Design Standards

5. City Council Resolution No. 2022- , adopting user fees for Urban Lot Split and Two-Unit Housing Development applications (page 78)

6. September 6, 2022, Planning Commission Staff Report regarding State Housing Legislation (page 80)

7. Development Code Chapter 18.31, Accessory Dwelling Units, redline version (page 97)

8. Development Code Chapter 18.90, Residential Density Bonus, redline version (page 104)

9. Prior City Council Actions (page 116)

10. Correspondence received (page 117)
10/04/2022 PH 1 Page 4 of 119

ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 18.31 OF THE VISTA

DEVELOPMENT CODE REGARDING ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS
The City Council of the City of Vista does resolve as follows:

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

A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.

B. The California State Legislature has approved, and the Governor has signed into law, Assembly Bill (AB) 68 (Ting), AB 345 (Quirk-Silva), AB 670 (Friedman), AB 671 (Friedman), AB 881 (Bloom), AB 3182 (Ting), and Senate Bill (SB) 13 (Wieckowki), which amend the California Governement Code to modify development standards and the review process for the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

C. These legislative amendments provide that any existing ordinance governing the development of ADUs and JADUs which fail to meet the requirements of the Government Code, specifically sections 65852.2 and 65852.22, shall be null and void.

D. The City must amend its ADU and JADU regulations to comply with the amended provisions of Government Code Sections 65852.2 and 65852.22 to preserve community character and ensure the health and safety of its residents, orderly development, and compliance with the City's zoning requirements and building regulations.

E. This ordinance is exempt from review under the California Environmental Quality Act (CEQA) because this ordinance is covered by the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment (CEQA Guidelines Section 15061(b)(3)).

2. Code Amendment.

A. Development Code Chapter 18.31, Accessory Dwelling Units, is amended as follows:
"Chapter 18.31
Accessory Dwelling Units
Sections:

18.31.010 Definitions

18.31.020 Zones

18.31.030 Requirements for an Accessory Dwelling Unit

18.31.040 Number of Accessory Dwelling Units

18.31.050 Size

18.31.060 Setbacks

18.31.070 Height Regulation
EXHIBIT 1
10/04/2022 PH1 Page 5 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2

18.31.080 Parking

18.31.090 Architectural Consistency

18.31.100 Requirements for a Junior Accessory Dwelling Unit

18.31.110 Fees

18.31.120 Submittal Requirements and Application Processing Section 18.31.010 Definitions
"Accessory Dwelling Unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the Primary Residence is situated.

An accessory dwelling unit (ADU) may take the following forms:
"Attached" means the accessory dwelling unit is attached to the Primary Residence. "Detached" means the accessory dwelling unit is separated from the Primary Residence. "Repurposed Existing Space" means existing space within the Primary Residence(e.g., master bedroom) has been converted into an independent living unit, or an accessory dwelling unit.
"Existing Space" for the purpose of defining an allowable space that can be converted to an accessory dwelling unit means within the four walls and roofline of any structure that has been legally permitted and occupied,that can be made safely habitable under local building codes at the determination of the Building Official regardless of any noncompliance with zoning standards.
"Junior Accessory Dwelling Unit" means a unit that is no more than 500 square feet in size and contained entirely within an existing one-family dwelling. Ajunior accessory dwelling unit (JADU) may include separate sanitation facilities or may share sanitation facilities with the existing structure.
"Primary Residence" means the first existing dwelling structure erected on a parcel used exclusively for residential purposes. A Primary Residence may be a one-family dwelling or multiple dwelling.
"Public Transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Section 18.31.020 Zones
A. An attached or detached accessory dwelling unit or junior accessory dwelling unit is permitted in the following zones: R-1-13, R-1, E-1, A-1, O-R, R-M and M-U zones, and all areas within specific plans that allow one-family dwellings by right.

B. An accessory dwelling unit located within repurposed existing space is permitted on any lot in a zone that allows one-family or multiple dwellings by right.

Section 18.31.030 Requirements for an Accessory Dwelling Unit An accessory dwelling unit shall be permitted provided all of the following standards are met:

A. No building code violation exists on the lot which the accessory dwelling unit is to be located that is necessary to correct to protect public health and safety, as determined by the City Building Official.
10/04/2022 PH 1 Page 6 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 3
B. The accessory dwelling unit is not intended for sale separate from the Primary Residence, unless sold or conveyed separately to a qualified buyer in compliance with California Government Code Section 65852.26.

C. Minimum rental term of no less than 30 consecutive days.

D. The accessory dwelling unit is located on the same lot as the existing Primary Residence.

E. Local building code requirements shall apply to the accessory dwelling unit, as appropriate.

F. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the Primary Residence.

G. Building addressing and house numbers shall conform to the provisions of Chapter 19.04, Street Names and Building Numbers. The units must share the same address number and additional unit number can be assigned to differentiate the units.

H. The Primary Residence and the Accessory Dwelling Unit may be constructed simultaneously, or the primary residence constructed first at all times, provided that all requirements of this chapter are satisfied.

I. Manufactured homes, as defined in the California Health and Safety Code Section 18007, may be used as an accessory dwelling unit. Units must be placed on permanent foundation and connected to utilities. Homes mounted to a chassis with wheels are classified as Recreational Vehicles (RV) and cannot be used as a permanent residence and/or ADU.

J. As of January 1, 2020, all newly constructed non-manufactured detached accessory dwelling units are subject to the same solar photovoltaic (PV) requirements as new homes.

Section 18.31.040 Number of Accessory Dwelling Units A. Primary Residence is a One-Family Dwelling

1. One accessory dwelling unit and junior accessory dwelling unit shall be allowed when all of the folllowing apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a one-family dwelling or existing space of a one-family dwelling or accessory building, and may include an expansion of not more than 150 square feet beyond the physical dimensions of the existing accessory building. An expansion beyond the physical dimensions of the existing accessory building shall be limited to accomodating ingress and egress.
b. The unit has exterior access from the proposed or existing one- family dwelling.

C. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with all other junior accessory dwelling requirements outlined in this Ordinance.

2. One detached new construction accessory dwelling unit shall be allowed subject to the following:
a. A minimum 4-foot side and rear yard setbacks.
b. A maximum square footage of 850 square feet in floor area if fewer than two bedrooms, or a maximum square footage of 1,200 square feet in floor area if two bedrooms.

C. A height of 16 feet.
10/04/2022 PH 1 Page 7 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 4

3. An accessory dwelling unit constructed under subsection (2) above may be combined to allow a junior accessory dwelling unit in the manner described in subsection (1) above.

4. In accordance with California Government Code Section 65852.22, only one junior accessory dwelling unit is permitted per lot.

B. Primary Residence is a Multiple Dwelling

1. A maximum of two detached accessory dwelling units may be constructed on a lot which contains an existing multiple dwelling unit, so long as the accessory dwelling units are no more than 16 feet in height and have at least 4 foot side and rear yard setbacks.

2. Within an existing multiple dwelling, multiple accessory dwelling unit may be converted from areas not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with applicable fire and building code requirements. At least one such accessory dwelling unit conversion, and up to 25 percent of the existing multiple dwelling units, is permitted under this subsection.

3. Junior accessory dwelling units are not permitted on lots with multiple dwellings.

Section 18.31.050 Size
A. Maximum Size for Accessory Dwelling Unit. The maximum size of an attached or detached new construction accessory dwelling unit shall be dependent on the Primary Residence on the lot. Any new garage or other non-inhabited accessory building that complies with the provisions of this Title shall not be counted toward the square footage of the accessory dwelling unit.

2. Attached ADU. May not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two bedrooms. No more than two bedrooms are allowed.

An attached accessory dwelling unit shall not exceed 50 percent of the floor area of the Primary Residence.

3. The conversion of an existing accessory building or a portion of the existing Primary Residence to an accessory dwelling unit is not subject to size requirements.

B. Maximum Size for Junior Accessory Dwelling Units. The maximum size of a junior accessory dwelling unit shall not exceed 500 square feet.

Section 18.31.060 Setbacks
A. Converted Space. Notwithstanding subsections B through D, no setbacks shall be required for accessory dwelling units and junior accessory dwelling units permitted under Section 18.31.040.A.1.

B. New Accessory Dwelling Unit. The front setback shall comply with that required for the primary residence on the property. A minimum setback of four (4) feet from side and rear lot lines is required for any accessory dwelling unit, attached, detached, or constructed above a garage.
10/04/2022 PH 1 Page 8 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 5
C. Corner Lots. Accessory dwelling units developed on corner lots shall maintain a minimum side street setback of 10 feet from the ultimate street right-of-way line of the street parallel to the side lot line.

D. Building Separation. A minimum separation of five (5) feet, measured from eave to eave, shall be maintained between a detached accessory dwelling unit and all other buildings and structures.

Section 18.31.070 Height Regulation
A. The height of an accessory dwelling unit or junior accessory dwelling unit shall not exceed one story, as measured by 16 feet to the proposed peak of roof.

B. Accessory dwelling units may be permitted as a second story of the primary residence or above a detached accessory building such as a garage or guesthouse. A second story unit shall shall not exceed 16 feet, as measured from the existing first-floor ceiling of the Primary Residence to the proposed peak of roof.

C. The foregoing height regulations shall not apply to accessory dwelling units and junior accessory dwelling units permitted under Section 18.31.040.A.1.

Section 18.31.080 Parking
A. New Parking Spaces Provided. One additional covered or uncovered parking space per unit shall be provided for the accessory dwelling unit on the lot on which the accessory dwelling unit is located, and may be provided as tandem parking within the paved driveway, or on a driveway in a side yard or rear yard as permitted in Chapter 18.54, Off-Street Parking and Loading Requirements, of the Zoning Code. The one additional parking space is in addition to the minimum number of parking spaces required for residential uses within the zoning district. Parking located in setbacks and tandem driveway parking may be denied if the Building Official makes specific findings that parking in those areas is not feasible based upon specific site or regional topographical or fire and life safety conditions.

B. Replacement Parking Spaces.

1. Accessory Dwelling Unit. A new accessory dwelling unit which eliminates existing uncovered parking spaces is required to replace parking spaces. A new accessory dwelling unit which eliminates existing covered parking spaces is not required to replace parking spaces.

2. Junior Accessory Dwelling Unit. A new junior accessory dwelling unit created within an attached garage is not required to replace parking spaces.

C. Waived Parking. Parking is not required for an accessory dwelling unit if any of the following conditions are met:

1. Unit is located within one-half mile walking distance of public transit.

2. Unit is located within an architecturally and historically significant historic district.

3. Unit is part of(i.e., contained within) the footprint of the proposed or existing Primary Residence or accessory building.

4. On-street parking permits are required but not offered to the occupant of the unit.

5. There is a car share vehicle located within one block of the unit. 10/04/2022 PH 1 Page 9 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 6
Section 18.31.090 Architectural Consistency
Accessory dwelling units, attached or detached, and junior accessory dwelling units are encouraged to incorporate the same architectural features, building materials, and color as the primary residence. These features include, but are not limited to, roofing material, roof design, fascia, exterior building finish, color, exterior doors and windows including, but not limited to, ratios of window dimensions (i.e., width to height) and window area to wall area, garage door, and architectural enhancements.

Section 18.31.100 Requirements for a Junior Accessory Dwelling Unit The requirements and standards of this subsection shall apply to junior accessory dwelling units in compliance with California Government Code Section 65852.22.

A. The owner of the Primary Residence shall occupy either the Primary Residence or the junior accessory dwelling unit.

B. The junior accessory dwelling unit cannot be sold or conveyed separately from the Primary Residence.

C. The junior accessory dwelling unit shall maintain a separate entrance from the main entrance of the existing or proposed primary residence, D. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include the following: a cooking facility with appliances, and a food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.

E. Minimum rental term shall be no less than 30 consecutive days.

F. The owner of the property shall execute and cause the recordation of a deed restriction, in a form approved by the City Attorney, to assure compliance with the following: a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the one- family dwelling, including a statement that the deed restriction may be enforced against future purchasers, and a restriction on the size and attributes of the junior accessory dwelling unit in conformance with this Ordinance.

Section 18.31.110 Fees
A. Accessory dwelling units and junior accessory dwelling units shall be subject to all applicable plan check and inspection fees for the Building Division's review and inspection of the structure, as adopted by the City Council.

B. Development impact fees shall not apply to accessory dwelling units 750 square feet or less in size. If the unit is more than 750 square feet in size, impact fees shall apply and be calculated proportionately in relation to the primary residence square footage.

C. If levied by the school district, school impact fees shall apply to accessory dwelling units of 500 square feet or greater.

D. The property owner of an accessory dwelling unit that was constructed with a new one-family dwelling shall pay all connection fees or capacity charges for utilities, including water and sewer services. Such fees shall be proportionate to the burden of the proposed accessory dwelling unit.

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 7
and such rules as may be necessary so that the unit is eligible to be counted towards the City's regional housing needs assessment. An eligible household shall consist of either (1) a lower income household which has a gross income which does not exceed 80 percent (80%) of the San Diego County median, adjusted by household size; or (2) a family member or caregiver providing regular care to an owner or occupant of the primary residence in need of that care. If the accessory dwelling unit is occupied by an eligible household, pursuant to above stipulation, a regulatory agreement shall be executed and recorded prior to occupancy.

Section 18.31.120 Submittal Requirements and Application Processing A. Submittal Requirements. An application for an accessory dwelling unit or junior accessory dwelling unit shall include a site plan, floor plan, and elevations.

B. 60-day Review Period. An application for an accessory dwelling unit or junior accessory dwelling in compliance with all applicable standards of this section shall be reviewed and approved ministerially by the City's Community Development Department within 60 days of receiving a complete application. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the City has not acted upon the completed application within 60 days, the application shall be deemed approved.

C. Concurrent Processing. If an application for an accessory dwelling unit or a junior accessory dwelling unit is submitted with an application to create a new primary residence on the lot, the City may delay processing the application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the application to create the new primary residence. However, the application for the accessory dwelling unit or junior accessory dwelling unit shall be reviewed and approved ministerially."
(Continued on next page)
10/04/2022 PH 1 Page 11 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 8

3. Effective Date. This Ordinance shall be effective on the thirty-first day following the date of its adoption.

4. Adoption. INTRODUCED AND ADOPTED at a meeting of the City Council held on October 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:

WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:

APPROVED
Walter C.Chung
20220915163158
10/04/2022 PH1 Page 12 of 119

ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 18.90 OF THE VISTA

DEVELOPMENT CODE REGARDING RESIDENTIAL DENSITY BONUS

REQUIREMENTS
The City Council of the City of Vista does resolve as follows:

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

A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.

B. The California State Legislature has approved, and the Governor has signed into law, Assembly Bill (AB) 1763 (Chiu), which amends the California Governement Code, sections 65915 through 65918, regarding density bonus requirements for specified residential and mixed-use development projects providing affordable housing units.

C. This legislative amendment provides that any existing ordinance governing residential density bonus requirements which fails to meet the requirements of the Government Code, specifically sections 65915 through 65918, shall be null and void.

D. The City must amend its residential density bonus requirements to reflect the amended provisions of Government Code sections 65915 through 65918 in compliance with State Density Bonus Law.

2. Code Amendment.

A. Development Code Chapter 18.90, Residential Density Bonus Ordinance, is amended as follows:
"Chapter 18.90
Residential Density Bonus Ordinance
Sections:

18.90.010 Purpose and Intent

18.90.020 Definitions

18.90.030 Eligibility to Receive Density Bonuses and Concessions and/or Waivers

18.90.040 Amount of Density Bonus

18.90.050 Incentives and Concessions and/or Waiver or Reduction of Development Standards

18.90.060 Supplemental Density Bonuses and Concessions EXHIBIT 2
10/04/2022 PH1 Page 13 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2

18.90.070 Application Process

18.90.080 Decision, Findings, Conditions

18.90.090 Fees and Cost Reimbursements

Section 18.90.020 Definitions
The following terms, when used in this chapter, shall have the meanings set forth below:
"Adjusted for Family Size Appropriate for the Unit" shall mean for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit. (Health and Safety Code Section 50052.5(h)).
"Affordability Period" means a period of time during which an affordable unit shall be occupied by an eligible household and made available at an affordable rent or affordable sales price. Privately or publicly financed projects that receive a density bonus from the City shall maintain the availability of the designated lower-income rental units for a minimum of 55 years.

Privately financed projects that receive a density bonus from the City and include for-sale units shall maintain the availability of any lower-income or moderate-income units for a minimum of 45 years.
"Affordable Rent" means monthly housing rent, including utilities and all fees for housing services (calculated in accordance with Health and Safety Code Section 50053 and 25 CCR Section 6918), which does not exceed the following:

A. For extremely low income households: 30 percent of 30 percent of the area median income for county, adjusted for family size appropriate for the unit, divided by 12.

B. For very low income households: 30 percent of 50 percent of the area median income for county, adjusted for family size appropriate for the unit, divided by 12.

C. For lower-income households: 30 percent of 60 percent of the area median income for county, adjusted for family size appropriate for the unit, divided by 12. In addition, for those lower income households with gross incomes that exceed 60 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of gross income of the household.

D. For moderate-income households, the product of 30 percent of 110 percent of the area median income adjusted for family size appropriate for the unit. In addition, for those moderate-income households whose gross incomes exceed 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of gross income of the household.
"Affordable Housing Cost" means average monthly housing costs during the first 10/04/2022 PH 1 Page 14 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 3
calendar year of a household's occupancy (calculated in accordance with Health and Safety Code Section 50052.5 and 25 CCR Section 6920), including mortgage payments, property taxes, homeowner's insurance, and homeowners association dues, if any, which do not exceed:

A. For extremely low income households: 30 percent of 30 percent of the area median income, adjusted for family size appropriate for the unit, divided by 12.

B. For very low income households: 30 percent of 50 percent of the area median income, adjusted for family size appropriate for the unit, divided by 12.

C. For lower income households: 30 percent of 70 percent of the area median income adjusted for family size appropriate for the unit, divided by 12. In addition, for any lower income household that has a gross income that equals or exceeds 70 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household.

For moderate income households: affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent of 110 percent of the area median income adjusted for family size appropriate for the unit, divided by

12. It shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35 percent of the gross income of the household. "Affordable Unit" means a dwelling unit within a residential development, which will be reserved for sale or rent to extremely low, very low, low, or moderate income households at an affordable sales price or affordable rents in a manner to qualify the residential development for a density bonus under this chapter.. "Area Median Income" means area median income for San Diego County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision.
"Child Care Facility" means a child day care facility, other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child day care centers.
"Common Interest Development" means housing that qualifies as a common interest development under Section 1351 of the Civil Code provided that all units in the development are offered to the public for purchase.
"Concession" means a concession or an incentive, as more particularly described in Government Code Section 65915(d)(1), which will result in financially sufficient and identifiable cost reductions designed to facilitate the provision of density bonus units or a qualified day care facility. Such concessions can include, among other things, a reduction in the site development standards or zoning requirements, approval of mixed use zoning under the conditions set forth in Section 65915(1), and other regulatory incentives or concessions. The City may grant, but is not required to, as a concession or incentive, the provision of public land, a waiver of fees, a waiver of dedication requirements, or direct financial incentives for the housing development. "County" means the County of San Diego.
"Density Bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and Land Use Element of the General Plan as of the date of the application, as granted under this chapter, and is in accordance with the affordability levels proposed in the project, consistent with density bonus law provisions contained in Planning and Zoning Sections 65915-6591 of the State Government Code. "Density Bonus Regulations" means regulations adopted by the City Manager, or designee, establishing administrative guidance to implement State Density Bonus Law and this chapter which are not in conflict with the provisions or purposes of such legal authorities. "Density Bonus Units" means those units that are built due to a grant of a density 10/04/2022 PH 1 Page 15 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 4
bonus and which exceed the otherwise maximum allowable residential density for the development site.
"Dwelling Unit" means a dwelling designed and intended for residential occupancy by one household.
"Eligible Household" means a household that satisfies the size and income requirements applicable to an affordable unit.
"Eligible Residential Development" means a development listed in paragraph A of Section 18.90.030 and which has an entitlement to a density bonus under State Density Bonus Law.
"Extremely Low Income Household" means households whose income does not exceed the extremely low income limits applicable to the county, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.
"Housing Development" means residential units constructed in the city for sale or rent consisting of a minimum of five units prior to a density bonus. For purposes of this chapter, "housing development" also includes a subdivision, planned unit development, or condominium project, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation and conversion of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of residential units. "Lower Income Household" means households whose income does not exceed the lower income limits applicable to county, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.
"Major Transit Stop" means a site included in the applicable regional transportation plan containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods pursuant to Section 21064.3 of the California Public Resources Code. "Maximum Allowable Residential Density" means the maximum density allowed for a particular development based on the combined regulatory constraints imposed by the City's Development Code and Land Use Element, or if a range of density is permitted, the maximum allowable density for the specific range applicable to the site. In determining maximum allowable residential density, conditions particular to the site shall be considered which affect the density of a development, such as the presence of wetlands, open space easements, protected habitat, and the like. In no event shall the maximum allowable residential density provided by this definition be applied to a development project in a way to produce a lower density than the minimum, which would be required by Section 65915 of the Government Code. "Mandated Operating Period" means a period of at least 55 years during which the affordable units, the qualified child care facility, or the senior citizen housing development is operated in accordance with the requirements of State Density Bonus Law and this chapter. "Moderate Income Household" means households whose income does not exceed the moderate income limits applicable to county, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.
"Paratransit Services" means a transportation option for those individuals with specific disabilities who are unable to use the fixed-route bus or rail system serving their location, and these services are flexible in their scheduling and routing, allowing them to accommodate the 10/04/2022 PH 1 Page 16 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 5
specific needs of their riders. As defined by the American Disabilities Act (ADA), a disability is a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
"Qualified Day Care Facility" means a day care facility which: (1) is located in or adjacent to a housing development that has dwelling units reserved for very low, low, or moderate income households in satisfaction of this chapter; (2) serves children from very low, low, or moderate income households (as applicable) in a percentage equaling the percentage of restricted units reserved for that income category within the housing development; and (3) is subject to a recorded child care regulatory agreement requiring operation of the day care facility for a period that at least equals the affordability period. For example, if ten percent of the units are reserved for low income households, at least ten percent of the space in the day care facility must be reserved for children from low income households. "Qualifying Land Dedication" means a donation of land which: (1) is at least one acre in size and sufficient to permit development of at least 40 units; (2) is within the boundaries of the proposed development to receive the density bonus; (3) is sufficiently large to accommodate construction of units affordable to very low income households in an amount equal or greater than ten percent of the number of residential units in the development receiving the density bonus; (4) does not require a change in the zoning or General Plan to accommodate the affordable development or to render it financially feasible; (5) will be served by adequate public facilities or infrastructure; (6)will be transferred to the City or its designee (at the City's choosing) after developer has secured all permits and approvals required for the affordable development (with the exception of building permits); (7) will be accomplished prior to the approval of a final map or approval of the development receiving the density bonus; (8) will be subject to an agreement, to be recorded concurrently with or prior to transfer, guarantying construction and operation of the affordable units in compliance with the requirements of State Density Bonus Law and this chapter; and (9) otherwise satisfies the requirements of State Density Bonus Law, Section 65915 of the Government Code, and this chapter. In its discretion, the City may: (a) require that the party making the land dedication secure a developer acceptable to the City willing to build the affordable project within the proposed budget; and (b) waive the requirement set forth in clause
(2) if the land to be dedicated is within one-quarter mile of the development that will receive the density bonus. In determining whether the development is financially feasible pursuant to clause (4), the City shall consider the costs of development, projected revenues and other factors typically considered in determining whether a development provides a rate of return typically required by developers. Grants and subsidies from the government or third parties shall not be considered in this calculation, unless the developer provides adequate security to substitute for the grant or subsidy in the event that it is not actually contributed to the affordable units. "Required Entitlements" means all discretionary approvals, permits, licenses, zoning amendments, or other actions that must be authorized, granted, or approved by the City (including its City Council, commissions, officers, and employees) for the proposed housing development to be fully approved by the City in the manner presented in the density bonus application. Required entitlements can include, among other approvals, zoning amendments, tentative maps, parcel maps, site development plans, special use permits, environmental approvals, and the like.
"Regulatory Agreement" means an agreement that is recorded against the relevant property and which binds the owner's successors and assigns, including the following provisions:
10/04/2022 PH 1 Page 17 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 6
A. Provisions Common to All Regulatory Agreements. Except as provided below, the agreement shall: (1) bind the relevant property or properties for a period equaling or exceeding the mandated operating period; (2)require compliance with the terms of State Density Bonus Law,this chapter, and all other applicable statues, ordinances, regulations and covenants running with the land; (3) provide the City with reports, monitoring procedures, and enforcement methods (including legal actions permitting the recovery of attorney fees) to assure compliance with the preceding obligations; (4) provide reimbursement to the City for its expenses whether those expenses arise on a recurring or nonrecurring basis; and (5) create other requirements to protect neighborhood and the public interest which do not impair the intent or purposes of this chapter or State Density Bonus Law. Notwithstanding the foregoing, the regulatory agreement shall control an affordable condominium unit reserved for moderate income households only until the initial sale of the condominium unit occurs, provided all applicable equity sharing and similar legal obligations imposed by Government Code Section 65915 are satisfied.

B. Developments with Affordable Units. The agreement shall: (1) set forth the number of affordable units, their size, location, and production schedule; (2) require that affordable units be made available to eligible households at an affordable rent or affordable housing cost based on household size appropriate for the affordable unit; (3) prohibit an eligible household from renting or subletting an affordable unit; (4) limit sales of units reserved for low and very low income households to affordable sales made to eligible households (until the mandated operating period lapses); (5) control for sales of moderate income condominiums to provide the City with a share of the sale proceeds to achieve the equity-sharing arrangement required by Government Code Section 65915(c)(2); and (6) place a deed of trust on the affordable for-sale units to assure that the City obtains any required equity-sharing payment and, for other for sale units, to place a deed of trust to secure performance of all obligations imposed by this chapter and State Density Bonus Law.

C. Developments with Qualifying Land Dedications. The agreement shall: (1)assure that the applicant has proposed a development for very low income households that will provide sufficient affordable units to satisfy the applicable density bonus requirements; (2) guarantee that all permits and plans required for development have received full approval, with the exception of building permits; (3) require that a qualified contractor, acceptable to the City, has committed to build the development at the cost proposed by the applicant; (4) establish, upon the construction of the project, controls for the affordable units satisfying paragraphs A and B above; and (5) require that the units, once constructed, shall be used (for the mandated operating period) to provide affordable very low income housing.

D. Senior Citizen Housing Developments. The agreement shall assure that the development is operated in accordance with Sections 51.3 and 51.12 of the Civil Code, or if the development is a mobile home park, that it operates in accordance with Section 798.76 or 799.5 of the Civil Code.

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 7
"Specific Adverse Impact" means a "specific adverse impact" as defined in Section of the Government Code which cannot be satisfactorily mitigated without rendering the development unaffordable to very low, low and moderate income households, as applicable. "State Density Bonus Law" means Sections 65915 through 65918 of the California Government Code.
"Substantial Rehabilitation" means the rehabilitation of dwelling units including correction of code violations, Title 24 upgrades, seismic rehabilitation (where appropriate) and accessibility upgrades such that the unit is returned to the City's housing supply as decent, safe and sanitary housing. The minimum cost threshold for substantial rehabilitation is $40,000 per unit,which shall be adjusted each calendar year, beginning in 2010, to account for the cumulative change in the Consumer Price Index published for the County of San Diego, or if such index is no longer published, such equivalent index as shall be selected by the Director of Community Development.
"Very Low Income Household" means households whose income does not exceed the very low income limits applicable to county, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.
"Waiver or Reduction of Development Standards" means a request made by a project applicant to waive or reduce development standards that would prevent the project from being built at the density permitted by the requested density bonus and with the granted concessions/incentives.
(Ord. No. 2009-16, Enacted, 8/11/09; Ord. No. 2017-17, Amended, 10/24/17) Section 18.90.030 Eligibility to Receive Density Bonuses and Concessions and/or Waivers
A. Eligible Developments. A housing development with at least five dwelling units is eligible to receive a density bonus and/or concession if it satisfies one of the following requirements:

1. At least ten percent of the total for-sale or rental dwelling units, prior to the grant of the density bonus, are reserved for lower income households.

2. At least five percent of the total for-sale or rental dwelling units, prior to the grant of the density bonus, are reserved for very low income households.

3. The development qualifies as a for-sale development and at least ten percent of the total dwelling units, prior to the grant of a density bonus, are reserved for moderate income households, provided that all units in the development are offered to the public for purchase.

4. As further described in Government Code Section 65915.5, the development is a condominium conversion and: (a) at least 15 percent of the total dwelling units are reserved for lower income households; or (b) at least 33 percent of the total dwelling units are reserved for low or moderate income households.

5. The development is a senior citizen housing development of at least 35 units (no affordable units required).

6. The project is a mobile home park age-restricted to senior citizens (no affordable units required).

7. As further described in Government Code Section 65915(g)(2), the development provides a qualifying land dedication at least one acre of land to the city or county for very low-income units, and the land has the appropriate general plan designation, zoning, 10/04/2022 PH 1 Page 19 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 8
permits and approvals, and access to public facilities needed for such housing.

8. 100% of the housing units (other than manager's units) are restricted to very low, lower and moderate-income residents (with a maximum of 20% moderate).

9. As further described in Government Code Section 65915(b)(1)(E), at least 10% of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low-income level.

10. As further described in Government Code Section 65915(b)(1)(F), at least 20% of the housing units are for low-income college students in housing dedicated for full-time students at accredited colleges.

B. Categorization of Project. The applicant who requests a density bonus shall elect one of the above categories to be used in calculating available density bonuses and concessions.

The selection shall be identified in the initial application to the City.

Section 18.90.040 Amount of Density Bonus
A. General. Eligible projects shall receive density bonuses commensurate with the number of dedicated affordable units proposed in the housing development consistent with state Density Bonus Law as noted in Section 18.90.030.A. The City's website shall provide the most current density bonus regulations setting forth authorized density bonuses based on project type.

B. Aggregation Rules. The density bonus available to an eligible residential project listed in Section 18.90.030.A may be aggregated with the density bonus available for providing a qualifying land dedication, but may not exceed 35 percent.

C. Maximum Allowable Residential Density. When the zoning ordinance sets a maximum density for different zoning categories, the maximum allowable residential density for the project will be the maximum number of dwelling units that can be legally established on a project site under the applicable zoning and General Plan, after taking into account all characteristics particular to the site. That number would then be increased by the applicable density bonus percentage and rounded upwards if the resulting number is not a whole number.

In no event shall the maximum allowable residential density provided by this definition be applied to a development project in a way to produce a lower density than the minimum, which would be required by Section 65915 of the Government Code.

Section 18.90.050 Incentives and Concessions and/or Waiver or Reduction of Development Standards
A. Calculating Number of Incentives or Concessions. Eligible residential developments applying for a density bonus shall receive specific incentives or concession(s) in a number to satisfy the minimum requirements of State Density Bonus Law, unless the applicant agrees to a lesser number or the City makes the findings to deny the concessions in accordance with Section 18.90.080.B. A qualifying project shall be entitled to one, two, three, or four incentives depending on their proposed levels of affordability, as allowed by Government Code Section 65915, in addition to the density bonus allowed as follows:
10/04/2022 PH 1 Page 20 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 9

1. One Incentive or concession — Projects with 5% very low, 10% low, or 10% moderate income households; and student housing projects with 20% low-income units.

2. Two Incentives or concessions— Projects with 10% very low, 17% low, or 20% moderate income households.

3. Three Incentives or concessions — Projects with 15% very low, 24% low, or 30% moderate income households.

4. Four Incentives or concessions — Projects with 100% very-low, low-, and moderate-income households, exclusive of the manager's unit or units. Up to a 20% maximum of the total units in the development, including total units and density bonus units, may be for moderate income households. If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

5. One Incentive or concession — Projects that include at least 20 percent of the total unit for lower income students in a student housing development.

B. Types of Available Incentives or Concessions. A qualifying project may request available incentives in addition to the density bonus from the following categories:

1. A reduction in the site development standards of this Development Code (e.g., site coverage, building height, off-street parking requirements that are less than those specified in Section 18.90.100.13, reduced lot dimensions, and/or setback requirements);

2. Approval of mixed-use zoning not otherwise allowed by this Development Code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the project will be located; and/or

3. Other regulatory incentives or concessions proposed by the developer or the City that will result in identifiable and actual cost reductions.

C. Select Projects; Concessions Unavailable. Concessions shall not be provided to: (1) senior citizen housing developments with no affordable units; or (2) a development which obtains its entire density bonus entitlement through a qualifying land dedication.

D. Additional Incentives or Concessions. Notwithstanding any other provision of this code, additional concessions may be granted beyond those permitted by paragraphs A and B under any of the following circumstances: (1) the housing development is subject to a contract with the Community Development Commission of the City of Vista; (2) the contract authorizes the land owner or developer to request City approval of such additional concessions; (3) the grant of the additional concession(s) is required to render the affordable housing feasible; and (4) the City affirmatively determines that approval of the additional concession is required to advance the interests of the community and can occur without any adverse impact.

E. Waiver or Reduction of Development Standards. If a City development standard would physically prevent the project from being built at the density permitted by the requested density bonus and with the granted concessions/incentives, the developer may propose to have those standards waived or reduced. The City is not permitted to apply any development standard which physically precludes the project at the density permitted by the requested density bonus and with the granted concessions/incentives. A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled to per Section 18.90.050.13 above.

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 10
prior to issuing a building permit, or in the case of subdivisions, prior to approving a final map.

Section 18.90.060 Supplemental Density Bonuses and Concessions A. Child Care Facilities.

1. In accordance with Government Code Section 65915(h), an eligible project shall receive an additional density bonus or an additional concession if it provides a qualified day care facility.

2. The City shall decide whether it provides an additional density bonus or an additional concession pursuant to this section. If an additional density bonus is provided, the additional residential area shall equal the square footage of the qualified child care facility. If a concession is provided, it shall contribute significantly to the economic feasibility of the construction of the qualified child care facility.

3. The City shall not be obligated to grant the additional density bonus or provide an additional concession if it finds, pursuant to Government Code Section 65915(h), that the City has adequate child care facilities.

4. A regulatory agreement shall be recorded against any property receiving a density bonus by requiring the operation of the qualified day care facility for a period equal or exceeding the affordability period. The agreement shall be recorded at the earliest time possible, but in all events, prior to issuing a building permit, or in the case of subdivisions, prior to approving a final map.

B. Projects with Qualifying Land Dedications.

1. A project that qualifies for a density bonus pursuant to Section

18.90.030.A.1-3, 5-6 and 8-10 can receive a supplemental density bonus by providing a qualifying land dedication. The amount of the supplemental density bonus shall be determined in accordance with Government Code Section 65915(g), provided that the aggregate density bonus shall not exceed 35 percent.

Section 18.90.070 Application Process
A. General. The granting of a density bonus or concession pursuant to this chapter, shall not be interpreted, in and of itself, to require an amendment of the General Plan, a specific plan, a zoning ordinance, or the Development Code. Any application processed pursuant to this chapter, shall be reviewed by the Planning Commission concurrently with any other development approval, subject to appeal to the City Council.

B. Preliminary Application. Unless waived by the City Planner or designee, a preliminary application shall be submitted prior to the submittal of any formal development application for a housing project that includes a request for a density bonus and/or a concession.

The preliminary application should include the following information:

1. A brief description of the proposal including the total number of units prior to the grant of a density bonus, the number of density bonus units, and the number of affordable units.

2. The zoning and General Plan designations and assessor's parcel 10/04/2022 PH 1 Page 22 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 11
number(s) for the project site.

3. A site plan, drawn to scale, which includes building footprints, driveway and parking layout, existing topographic contours, and proposed grading.

4. A letter identifying what specific density bonus, and/or concessions are being requested and the basis on which the project qualifies for a density bonus.

5. The City Planner shall provide to an applicant/developer, a letter that identifies project issues of concern and the procedures for compliance with this chapter.

Prior to submission of the formal application, the applicant shall discuss the preliminary application with the City Planner or his designee, unless the requirement is waived.

At the meeting, the applicant and City Planner shall discuss how the proposed project can be designed (including any requested incentives or concessions and/or waivers) to promote the objectives of this chapter while also serving the interests of the immediately surrounding community.

C. Formal Application. A density bonus application shall be processed and heard concurrently with applications for the project's other required entitlements.

1. The following information shall be included with the development application(s) required for the project:
a. A legal description of the total site proposed for development of the affordable units including a statement of present ownership and present and proposed zoning.
b. A letter signed by the applicant stating the specific density bonus, incentives, or concessions (e.g., standards modifications, additional density bonus, or fee waiver, etc.) are being requested from the City.

C. A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities, or other social or community service facilities. d. Site plans, designating the total number of units proposed on the site, including the number and location of affordable and density bonus dwelling units, and supporting plans per the application submittal requirements. e. The applicant shall provide reasonable documentation to establish eligibility for a requested density bonus, invicentives or concessions, or waivers or reductions of development standards. Documentation in relation to incentives or concessions shall substantiate that the incentive or concession will result in identifiable and actual cost reductions for the project. Documentation in relation to waivers or reductions of development standards shall substantiate that the development standard if not waived or reduced will have the effect of precluding the construction of the development at the density bonus densities (or with the concessions or incentives permitted by this chapter).
f. Such other information as may be reasonably required by the City to evaluate the application, including additional requirements that are needed to evaluate projects offering qualifying land dedications.

Section 18.90.080 Decision, Findings, Conditions
A. Action on Density Bonus. If the required entitlements for the housing project are approved, the density bonus shall also be approved.

B. Action on Concessions. If the required entitlements for the housing project are approved, the requested concessions or incentives shall also be approved unless one of the 10/04/2022 PH 1 Page 23 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 12
following findings is made: (1) the concession is not required in order to provide density bonus units at an affordable rent or an affordable housing cost, as applicable; (2)the concession would have a specific adverse impact on the public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or (3) the concession would be contrary to state or federal law.

C. Action on Waivers. If the required entitlements for the housing project are approved, the requested waiver or reduction of development standards shall also be approved unless one of the following findings is made: (1) the waiver or reduction of development standards would have a specific, adverse impact upon health and safety, as defined by Government Code Section 65589.5(d)(2), and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; (2) the waiver or reduction of development standards would have a specific adverse impact on any real property listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or(3)the concession or incentive would be contrary to state or federal law.

D. Conditions. Any density bonus application approved under this chapter shall include all conditions which are determined to be useful or helpful in promoting the goals and purposes of State Density Bonus Law, this chapter and the density bonus regulations.

Section 18.90.090 Fees and Cost Reimbursements
A. Application Fees. The City Council may establish by resolution, fees to be paid by the applicant to defray the City's cost of reviewing density bonus applications and preparing density bonus housing agreements.

Section 18.90.100 Regulation, Parking, Interpretation, Enforcement A. Density Bonus Regulations. The City Manager shall prepare rules and procedures to implement and explain the operation of this chapter.

B. Parking. Upon submittal of a request to relax parking requirements prior to the application being deemed complete, the City shall not require parking, inclusive of accessible and guest parking, that exceed the following ratios per Government Code Section 65915(p):

1. Studio to one-bedroom: one parking space per unit.

2. Two to three bedrooms: one and one-half parking spaces per unit. 10/04/2022 PH 1 Page 24 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 13

3. Four or more bedrooms: two and one-half parking spaces per unit. a. If total parking calculations result in a number other than a whole number, then parking calculations shall be rounded up to the nearest whole number. b. Requesting these parking standards does not count as an incentive or concession.

C. An applicant may request additional parking incentives beyond those included in this section.
d. Onsite spaces may be provided through tandem or uncovered parking, but not on-street parking.

C. Special Parking Requirements. As further described in Government Code Section 65915(p), lower parking ratios apply to specified projects (although the City may require higher parking ratios if supported by a specified parking study):

Project Type Parking Spaces
Required
Rental/for sale projects with at least 11% very low income or 20% 0.5 spaces per unit lower income units within '/2 mile of an accessible major transit stop For sale projects with at least 40% moderate income units within '/2 0.5 spaces per mile of an accessible major transit stop bedroom
Rental projects 100% affordable to lower income within '/2 mile of an 0 spaces per unit accessible major transit stop
Rental senior projects 100%affordable to lower income households, 0 spaces per unit either with paratransit service or within '/2 mile of an accessible bus route (operating at least 8 times per day)
Rental special needs projects 100% affordable to lower income 0 spaces per unit households, either with paratransit service or within '/2 mile of an accessible bus route (operating at least 8 times per day) Rental supportive housing developments 100% affordable to lower 0 spaces per unit income households
D. Automatic Incorporation of State Density Bonus Law Amendments. This chapter implements Government Code Sections 65915-65918. In the event that these sections are amended, those amended provisions shall be incorporated into this chapter. Should any inconsistencies exist between the amended State Density Bonus Law and the provisions set forth herein, State Density Bonus Law shall prevail. Until the code is formally amended to eliminate any such inconsistencies, the City Planner shall maintain an explanation of all such amendments which shall be distributed with on as part of the density bonus regulations.

E. Interpretation. This chapter and the density bonus regulations are to be construed and applied by the City staff and City officers in a manner that avoid conflicts with other applicable laws, including State Density Bonus Law. No provision of this chapter or the density bonus regulations shall be applied if it would result in a violation of state or federal law.

Further, no provision of the regulations shall be applied in a manner that conflicts with the lawful provisions of this chapter.

F. Enforcement. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny, or suspend any permit or development approval." 10/04/2022 PH 1 Page 25 of 119

ORDINANCE NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 14

3. Effective Date. This Ordinance shall be effective on the thirty-first day following the date of its adoption.

4. Adoption. INTRODUCED AND ADOPTED at a meeting of the City Council held on October 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:

WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:

APPROVED
Walter C.Chung
20220915163324
10/04/2022 PH1 Page 26 of 119

ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE

CHARTERED CITY OF VISTA, CALIFORNIA, ADOPTING

REQUIREMENTS FOR TWO-UNIT HOUSING DEVELOPMENTS

AND URBAN LOT SPLITS IN SINGLE-FAMILY RESIDENTIAL
ZONES TO IMPLEMENT SENATE BILL NO. 9, AND ADOPTING

REQUIREMENTS FOR A ZONING CLEARANCE PROCESS
The City Council of the City of Vista does resolve as follows:

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

A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.

B. On September 16, 2021, the Governor of the State of California signed into law Senate Bill No. 9 (SB 9) (Atkins), "An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to the California Government Code, relating to land use," which requires ministerial approval of a housing development of no more than two units in a single-family residential zone (two-unit housing development), the subdivision of a parcel zoned for single-family residential use into two parcels (urban lot split), or both.

C. Certain zoning and subdivision standards of the City of Vista Zoning and Subdivision Codes, respectively, and their permitting procedures are inconsistent with the two-unit housing developments and urban lot splits authorized by SB 9.

D. The provisions of SB 9 are in effect as of January 1, 2022, and without locally codified objective standards and implementation procedures, the City's existing zoning and subdivision standards are insufficient to address orderly development under the law.

E. Pursuant to Section 65852.210) and Section 66411.7(n) of the California Government Code, a local agency may adopt an ordinance to implement SB 9.

F. This ordinance adopts objective zoning standards, objective subdivision standards, and objective design review standards as to allow for orderly housing development and subdivision of land as authorized by SB 9 while protecting the public peace, health, safety and welfare of the City of Vista.

G. Adoption of this ordinance is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 65852.210) and Section 66411.7(n) relating to the implementation of SB 9.

H. On October 4, 2022, the City Council held a public hearing regarding the proposal to adopt requirements for the implementation of SB 9. At said public hearing, staff reports, both written and oral were received in evidence and all persons desiring to speak on the proposed project were heard. At the conclusion of said hearing, after consideration of all evidence presented, the City Council reached a decision on the matter as set forth.

EXHIBIT 3
10/04/2022 PH 1 Page 27 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2

2. Code Amendment.

A. Chapter 17.86 is added to the Vista Development Code to read as follows:
"Chapter 17.86

URBAN LOT SPLITS
Sections:

17.86.010 Purpose and Intent

17.86.020 Applicability

17.86.030 Definitions

17.86.040 General Eligibility

17.86.050 Urban Lot Splits— Subdivision Standards

17.86.060 Urban Lot Splits— General Requirements and Restrictions

17.86.070 Urban Lot Splits—Approval Process

17.86.010 Purpose and Intent
The purpose of this chapter is to establish standards for urban lot splits as specified by California Government Code Section 66411.7, as adopted and amended by Senate Bill No. 9. The provisions of this ordinance shall supersede any other provision to the contrary in titles 17 or 18 of this code. It is not the intent of this ordinance to override any lawful use restrictions as may be set forth in Covenants, Conditions and Restrictions (CC&Rs) of a common interest development.

17.86.020 Applicability
This chapter is applicable only to voluntary applications for a proposed urban lot split. Owners of real property or their representatives may continue to exercise rights for property development in conformance with the Vista Development Code or applicable state law. Development applications that do not satisfy the definition for an urban lot split as provided herein shall not be subject to the standards in this chapter.

17.86.030 Definitions
In addition to the terms defined in Section 17.04.020 and Chapter 18.02 of this code, certain terms used in this chapter are defined as set forth in this section. Where a conflict between defined terms exists, terms shall apply in the following order of precedence: as defined in this section, as defined in Section 17.04.020 and then as defined in Chapter 18.02.
"Acting in Concert" means persons, as defined by Section 82407 of the California Government Code, acting jointly to pursue development of real property, whether or not pursuant to a written agreement and irrespective of individual financial interest. 10/04/2022 PH 1 Page 28 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 3
"Existing Structure" means a lawfully constructed building that received final building permit clearance prior to January 1, 2022, and which has not been expanded on or after January 1, 2022.
"Flag Lot" means a parcel of land shaped like a flag, with a narrow strip providing access to a public or private street (hereinafter, "access corridor") and the bulk of the property containing no street frontage.
"Legal Parcel" shall have the same meaning as given for the term "lot' in Section

18.02.385 of the Zoning Code.
"Lot Area" means the horizontal area within the boundary lines of a legal parcel, exclusive of:

1. The area of any street right-of-way or road easement; and

2. Any portion of the lot which is less than 25 feet wide for a distance of 40 feet or more and which is designed or used to provide vehicular or pedestrian access to the part of such lot which is designed for use as a building site. "Natural Grade" means the average existing elevation of datum points located at each corner of a proposed primary dwelling unit, measured in feet above mean sea level (AMSL).
"Non-Conforming Zoning Condition" means a physical improvement on a property that does not conform with current zoning standards. "Objective Design Review Standards" shall have the same meaning as given in Section 66411.7(m)(1) of the California Government Code. "Objective Subdivision Standards" shall have the same meaning as given in Section 66411.7(m)(1) of the California Government Code. "Objective Zoning Standards" shall have the same meaning as given in Section 66411.7(m)(1) of the California Government Code.
"Public Transportation" means a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the California Public Resources Code (PRC), or a major transit stop, as defined in Section 21064.3 of the PRC. "Single-Family Residential Zone" means a R-1-B, R-1, or E-1 zoning district, as specified in the Zoning Code, or any specific plan area that permits single-family residential as the primary land use.
"Urban Lot Split" means a ministerial application for a parcel map to subdivide an existing legal parcel located within a single-family residential zone into two legal parcels, as authorized by Section 66411.7 of the California Government Code. "Zoning Code" means Title 18 of the Vista Development Code. 10/04/2022 PH 1 Page 29 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 4

17.86.040 General Eligibility
An urban lot split may only be created on parcels satisfying all of the following general requirements:

A. Zoning District. A parcel that is located within a single-family residential zone.

B. Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (California Government Code Section 66410 et seq) and Title 17 of this code, as applicable at the time the parcel was created. The City Engineer may require a certificate of compliance to verify conformance with this requirement.

C. Farmland. A parcel that is not located on either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of the City of Vista.

D. Wetlands. Parcel is not located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

E. Very High Fire Hazard Severity Zone. Parcel is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to California Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.

This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179 of the California Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

F. Hazardous Waste Site. Parcel is not identified as a hazardous waste site that is listed pursuant to California Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the California Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

G. Earthquake Fault Zone. Parcel is not located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code), and by any local building department under California Government Code Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

H. Special Flood Hazard Area. Parcel is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by the FEMA. Notwithstanding the foregoing, a development may be located on a site described in this section if either of the following are met:
10/04/2022 PH 1 Page 30 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 5

1. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the City.

2. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

I. Regulatory Floodway. Parcel is not located within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

J. Conservation Lands. Parcel is not identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the California Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

K. Habitat for Protected Species. Parcel is not identified as habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the California Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the California Fish and Game Code).

L. Conservation Easement. Parcel is not located on lands under conservation easement.

17.86.050 Urban Lot Splits— Subdivision Standards
The following objective subdivision standards supersede any other standards to the contrary that may be found in Titles 17 and 18 of this code, or in a specific plan as they pertain to the creation of an urban lot split under Section 66411.7 of the California Government Code. Urban lot splits shall comply with the following objective subdivision standards, except as provided in Section 17.86.070.D of this code.

A. Allowable Lot Types. Any newly created parcel satisfying section

17.86.040 of this code may be approved for an urban lot split, irrespective of its current configuration. Notwithstanding the foregoing, through lots, as defined in Section

18.02.435 of the Zoning Code, shall not be created unless vehicular access rights are established to a public or private street.

B. Flag Lots. The access corridor of a flag lot shall be in fee as part of the parcel and not as an easement and shall be of a minimum width of 20 feet of frontage on a public or private street.

C. Lot Lines. The side lines of all lots shall be at right angles to streets or radial to the centerline of curved streets.

D. Minimum Lot Size. Each new parcel shall be approximately equal in lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. In no event shall a new parcel be less than 1,200 square feet in lot area. The minimum lot area for a flag lot shall be exclusive of any access corridor.
10/04/2022 PH 1 Page 31 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 6
E. Minimum Lot Width. Each new parcel shall maintain a minimum lot width of 25 feet. The calculation of lot width for a flag lot shall exclude the length of the access corridor.

F. Minimum Street Frontage. Each new parcel shall have frontage upon a public or private street with a minimum frontage dimension of 25 feet, except for flag lots which shall have a minimum frontage dimension of 20 feet.

G. Number of Lots. The urban lot split shall create no more than two new parcels.

H. Parking. One off-street parking space per primary dwelling unit, with minimum dimensions of 9 feet in width by 19 feet in depth and located on a paved or all- weather surface, shall be required. Notwithstanding the foregoing, no parking shall be required if the parcel is either: (i) located within one-half mile walking distance of Public Transportation; or (ii) within one block of a car share vehicle.

I. Existing Structures and Setbacks. Existing structures located on a parcel subject to an urban lot split shall not be subject to a setback requirement. However, any such existing structures shall not be located across any shared property line resulting from an urban lot split. Proposed structures in an application for an urban lot split shall be subject to the setback and building separation requirements specified in Table 1-1 (Setback Requirements) of Section 18.96.050.E of the Zoning Code.

J. Utility Connections to Existing Structures. Any existing structures located on separate new parcels created from an urban lot split shall be independently connected to all required utilities prior to recordation of a parcel map. The City Engineer shall verify the completion of required utility connections prior to recordation.

K. Grading. A grading and drainage plan prepared by a registered civil engineer shall be required for any two-unit housing development involving land disturbance activity, except for the activities described in Section 17.56.060.A through K of the Development Code.

17.86.60 Urban Lot Splits — General Requirements and Restrictions The following requirements and restrictions apply to all urban lot splits.

A. Adjacent Parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to create an adjacent parcel as provided for in this section.

B. Dedication and Easements. The City Engineer shall not require dedications of rights-of-way nor the construction of off-site improvements.

Notwithstanding the foregoing, the City Engineer may require the recordation of easements necessary for the provision of public services and facilities, and easements to ensure subdivided lots have access to the public right-of-way.

C. Short-Term Rentals. Leases for durations of 30 days or less, including short-term rentals are prohibited. The Community Development Director shall require recordation of a deed restriction documenting this requirement prior to issuance of a building permit.

D. Intent to Occupy. The applicant shall sign an affidavit provided by the Community Development Director attesting that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split. The affidavit shall be recorded on the title of the parcel concurrently with recordation of the parcel map. This requirement shall not apply to an 10/04/2022 PH 1 Page 32 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 7
applicant that is a "community land trust" or a "qualified nonprofit corporation" as described in California Government Code Section 66411.7(g)(2).

E. Non-Conforming Zoning Conditions. The City shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of non-conforming zoning conditions. Notwithstanding the foregoing, no new non-conforming conditions may result from the urban lot split.

F. Number of Units. No parcel created through an urban lot split shall be allowed to include more than two dwelling units as described in California Government Code Section 66411.70). Any excess dwelling units that do not meet this standard shall be relocated, demolished, or otherwise removed prior to approval of a parcel map.

G. Prior Subdivision. A parcel created through a prior urban lot split may not be further subdivided under the provisions of this chapter. The subdivider acting under the provisions of this chapter shall sign a covenant provided by the Community Development Director documenting this restriction. The covenant shall be recorded on the title of each parcel concurrent with the recordation of the parcel map.

H. Restrictions on Demolition. The proposed urban lot split shall not require the demolition or alteration of any of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons of moderate, low or very low income.

2. Housing that is subject to any form of rent or price control through the City's valid exercise of police power.

3. Housing that has been occupied by a tenant in the past three years.

I. Owner's Rights. The parcel subject to the urban lot split shall not be a parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

J. Stormwater Management. The urban lot split shall comply with the requirements of the City's National Pollutant Discharge Elimination System (NPDES) permit as implemented by Chapter 13.18 of this code, including, but not limited to, submittal of a grading and drainage plan prepared by a registered civil engineer.

K. Utility Providers. The requirements of the parcel's utility providers shall be satisfied prior to recordation of a parcel map.

17.86.070 Urban Lot Splits—Approval Process
Applications for urban lot splits shall be submitted and processed in compliance with the following requirements.

A. Application Type. An urban lot split shall be reviewed by the City Engineer as a ministerial application for a parcel map. A tentative parcel map shall not be required.

B. Concurrent Submittal. A parcel map for an urban lot split may not be approved except in conjunction with a concurrently submitted application for a zoning clearance pursuant to Chapter 18.71 of the Zoning Code. Development of the resulting parcels is limited to the proposed housing development approved by the zoning clearance.
10/04/2022 PH 1 Page 33 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 8
C. Application Filing. An application for a parcel map for an urban lot split, including any application materials and fees applicable to the City's ministerial application review, shall be filed with the Community Development Department in compliance with Chapter 17.64 of this code.

D. Referral. The City Engineer shall refer the parcel map application to the Community Development Director, Fire Chief, and utility agencies for review prior to recordation.

E. Application of Objective Standards. Pursuant to California Government Code Section 66411.7(c)(2), the City Engineer shall not impose objective zoning standards, objective subdivision standards, or objective design review standards that would have the effect of physically precluding the construction of up to two primary dwelling units on either of the resulting parcels or that would result in a unit being a size of less than 800 square feet.

F. Denial. The City Engineer may deny an application for an urban lot split that meets the requirements and restrictions of this chapter only if the Building Official makes a written finding, based upon a preponderance of evidence, that the proposed housing development located on the proposed new parcels would have a specific, adverse impact, as defined and determined in California Government Code Section 65589.5(d)(2), upon public safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

G. Appeals. A decision of the City Engineer on a parcel map for an urban lot split is a ministerial action and is not appealable."
B. Chapter 18.71 is added to the Vista Development Code to read as follows:
"Chapter 18.71
Zoning Clearances
Sections

18.71.010 Purpose of Chapter

18.71.020 Applicability/Clearance Required

18.71.030 Procedure

18.71.040 Post Decision Procedures

18.71.010 Purpose of Chapter
A zoning clearance is a ministerial permit that is used by the Community Development Department to verify that a proposed structure or land use activity complies with the list of activities allowed in the applicable zoning district, the development standards applicable to each type of use, and any conditions of approval for permits previously issued for the subject site.

18.71.020 Applicability/Clearance Required
A zoning clearance shall be required as part of the Community Development Department's review of any two-unit housing development under Chapter 18.96 of this code, urban lot split under Chapter 17.86 of this code, or other authorization as required by the Municipal Code or Development Code for the proposed use. 10/04/2022 PH 1 Page 34 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 9

18.71.030 Procedure
A. Application Filing. A zoning clearance application, including the required application materials and fees, shall be filed with the Community Development Department. Filing requirements shall be prescribed by the Community Development Director.

B. Community Development Director's Action.

1. The Community Development Director or their designee shall issue a zoning clearance if the application complies with all standards and provisions of the Zoning code for the category of use applicable to the subject parcel.

2. The zoning clearance may take the form of an authorized signature on the project application or on an approved set of plans, or a stamp affixed to an application or set of plans.

C. On-Site Inspections.

1. When not required. An on-site inspection shall not be conducted for zoning clearances for two-unit housing developments, urban lot splits, or for any other project for which the submitted application materials clearly comply with the Zoning Code, as determined by the Community Development Director.

2. When may be required. An on-site inspection may be conducted by the Community Development Director or their designee for projects that do not clearly comply with the Zoning Code, as determined by the Community Development Director.

18.71.040 Post Decision Procedures
Zoning clearances are ministerial and are not appealable." C. Chapter 18.96 is added to the Vista Development Code to read as follows:
"Chapter 18.96

TWO-UNIT HOUSING DEVELOPMENTS
Sections:

18.96.010 Purpose and Intent

18.96.020 Applicability

18.96.030 Definitions

18.96.040 General Eligibility

18.96.050 Two-Unit Housing Developments —Zoning Standards

18.96.060 Two-Unit Housing Developments — Design Review Standards

18.96.070 Two-Unit Housing Developments — General Requirements and Restrictions

18.96.080 Two-Unit Housing Developments —Approval Process 10/04/2022 PH 1 Page 35 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 10

18.96.010 Purpose and Intent
The purpose of this chapter is to establish standards for two-unit housing developments, as specified by California Government Code Section 65852.21, as adopted and amended by Senate Bill No. 9. The provisions of this ordinance shall supersede any other provision to the contrary in titles 17 or 18 of this code. It is not the intent of this ordinance to override any lawful use restrictions as may be set forth in Covenants, Conditions and Restrictions (CC&Rs) of a common interest development.

18.96.020 Applicability
This chapter is applicable only to voluntary applications for a two-unit housing development. Owners of real property or their representatives may continue to exercise rights for property development in conformance with the Vista Development Code.

Development applications that do not satisfy the definition for a two-unit housing development provided herein shall not be subject to the standards in this chapter.

18.96.030 Definitions
In addition to the terms defined in Section 17.04.020 and Chapter 18.02 of this code, certain terms used in this chapter are defined as set forth in this section. Where a conflict between defined terms exists, terms shall apply in the following order of precedence: as defined in this section, as defined in Section 17.04.020 and then as defined in Chapter 18.02.
"Addition" means any construction which increases the size of a building or facility in terms of coverage, height, length, width, or gross floor area. "Alteration" means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure.
"Existing Structure" means a lawfully constructed building that received final building permit clearance prior to January 1, 2022, and which has not been expanded on or after January 1, 2022.
"Legal Parcel" shall have the same meaning as given for the term "lot" in Section

18.02.385 of the Zoning Code.
"Natural Grade" means the average existing elevation of datum points located at each corner of a proposed primary dwelling unit, measured in feet above mean sea level (AMSL).
"Objective Design Review Standards" shall have the same meaning as given in Section 66411.7(m)(1) of the California Government Code. "Objective Subdivision Standards" shall have the same meaning as given in Section 66411.7(m)(1) of the California Government Code. 10/04/2022 PH 1 Page 36 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 11
"Objective Zoning Standards" shall have the same meaning as given in Section 66411.7(m)(1) of the California Government Code.
"Public Transportation" means a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the California Public Resources Code (PRC), or a major transit stop, as defined in Section 21064.3 of the PRC. "Single-Family Residential Zone" means a R-1-B, R-1, or E-1 zoning district, as specified in the Zoning Code, or any specific plan area that permits single-family residential as the primary land use.
"Two Unit Housing Development" means a development with no more than two primary dwelling units on a single parcel located within a single-family residential zone as authorized by Section 65852.21 of the California Government Code. "Urban Lot Split" means a ministerial application for a parcel map to subdivide an existing legal parcel located within a single-family residential zone into two parcels, as authorized by Section 66411.7 of the California Government Code. "Yard" means the open space formed by the required building setbacks. "Zoning Code" means Title 18 of the Vista Development Code.

18.96.040 General Eligibility
A two-unit housing development may only be created on parcels satisfying all of the following general requirements:

A. Zoning District. A parcel that is located within a single-family residential zone.

B. Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq) and Title 17 of this code, as applicable at the time the parcel was created. The City Engineer may require a certificate of compliance to verify conformance with this requirement.

D. Wetlands. Parcel is not located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

This subparagraph does not apply to sites excluded from the specified hazard zones by 10/04/2022 PH 1 Page 37 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 12
a local agency, pursuant to subdivision (b) of Section 51179 of the California Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

H. Special Flood Hazard Area. Parcel is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. Notwithstanding the foregoing, a development may be located on a site described in this section if either of the following are met:

1. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the City.

L. Conservation Easement. Parcel is not located on lands under conservation easement.
10/04/2022 PH 1 Page 38 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 13

18.96.050 Two-Unit Housing Developments —Zoning Standards The following objective zoning standards supersede any other standards to the contrary that may be provided in the Zoning Code or an approved specific plan, as they pertain to a two-unit housing development under Section 65852.21 of the California Government Code. Two-unit housing developments shall be constructed in accordance with the following objective zoning standards, except as provided in Section 18.96.080.D of this code.

A. Air Conditioning Units. Air conditioning units and similar equipment such as generators, heating, and ventilation equipment shall be ground mounted, screened from public view, and set back at least three feet from the property line.

B. Building Height. No building or structure shall exceed two stories or 35 feet, whichever is less.

C. Driveways. Each parcel shall include a single driveway satisfying the following requirements:

1. A minimum width of 16 feet. The driveway shall be unobstructed from the public street to the residential building.

2. A minimum depth of 20 feet measured from the front property line.

3. Entirely paved with concrete or pavers meeting Fire Department specifications as applicable. All other surfacing materials, including but not limited to gravel, decomposed granite, and asphalt are prohibited, as are circular driveways.

4. Only a single driveway curb cut shall be permitted per parcel, designed in accordance with the City's Standard Specifications and Details for Public Works Construction.

D. Fences and Walls. All fencing and walls shall comply with Section

18.58.370 of the Zoning Code.

E. Front Yard Paving. No more than 50 percent of the front yard setback area shall be paved, inclusive of driveways and walkways, irrespective of the permeability of the paving materials.

F. Grading. A grading and drainage plan prepared by a registered civil engineer shall be required for any two-unit housing development involving land disturbance activity, except for the activities described in Section 17.56.060.A through K of the Development Code.

G. Landscaping Requirement. Street trees shall be provided on each parcel and slope areas exceeding a slope ratio of 4:1 shall be landscaped, as follows:

1. Street Trees. Street trees shall be provided along any public or private street fronting the parcel according to the following standards:
a. Street trees shall be spaced at 25 to 35 feet on center. b. A minimum tree size of 24-inch box shall be required.

C. The selected street tree species shall be uniform
throughout the site and shall match street trees that may be adjacent to the site. Street trees may not be invasive species as specified in the California Invasive Plant Council (Cal-IPC) Inventory.
d. Root barriers shall be provided for all street trees.

2. Slope Landscaping. Slope areas with a slope ratio of 4:1 or greater shall be landscaped as follows:
a. One 15-gallon tree per 500 square feet and one 5-gallon tree per 1,000 square feet.
10/04/2022 PH 1 Page 39 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 14
b. One 1-gallon shrub per 100 square feet and one 5-gallon shrub per 200 square feet.

C. Groundcover shall be planted from liners or flats at 12 inches on center or 1 gallon at 24 inches on center.
d. Reinforced straw matting shall be used for erosion control purposes, or as specified in an approved grading and drainage plan. Approved erosion control materials shall cover all slope areas prior to planting.

H. Lighting. New exterior lighting fixtures shall be down shielded and oriented away from adjoining properties.

I. Lot Coverage. The minimum lot coverage shall be determined as follows:
all main buildings and accessory buildings and structures and any areas used for required driveway, private alleys or required parking space shall not cover more than 60 percent of the area of the lot or building site. For purposes of this section, "lot coverage" shall be considered to include all porches, balconies, breezeways, patio roofs, eaves and awnings. Lot coverage shall not include fences, walls, uncovered patio slabs or uncovered swimming pools.

J. Parking. One off-street parking space per primary dwelling unit, with minimum dimensions of 9 feet in width by 19 feet in depth and that is located on a paved or all-weather surface shall be required. Notwithstanding the foregoing, no parking shall be required if the parcel is either: (i) located within one-half mile walking distance of Public Transportation; or (ii) within one block of a car share vehicle.

K. Setbacks. Two-unit housing developments shall be subject to the setback and building separation requirements of Table 1-1 (Setback Requirements) below:

Table 1-1 — Setback Requirements
Setback Requirement2
Front3 20 feet
Property Line Sides 4 feet
Setbacks'
Rear 4 feet
Separation between 5 feet
Buildings4 All sides

1. Building structure projections are permitted within property line setbacks in accordance with Section 18.58.290 of the Zoning Code.

2. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as the existing structure.

3. Front setbacks on roadways included in the Circulation Element of the General Plan shall be measured from ultimate the right-of-way of the roadway.

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 15

18.96.060 Two-Unit Housing Developments — Design Review Standards The following objective design review standards apply to construction of any new primary dwelling units and to any addition and/or alteration to an existing primary dwelling unit as part of a two-unit housing development, except as provided in Section

18.96.080.D of this code.

A. Building Materials. The primary exterior siding material for primary dwelling units shall be wood, stone, brick, stucco, fiber cement, or composite wood.

Plywood and corrugated metal are prohibited as a finish material.

B. Building Colors. Each primary dwelling unit shall incorporate at least two colors, inclusive of trim, but not more than four colors. Paint shall be uniformly applied to wall surfaces and no more than one paint color shall be applied per wall (exclusive of trim).

C. Foundation. Each primary dwelling unit shall be placed on a permanent foundation. No wheeled, mobile, or movable structures are permitted as dwelling units.

D. Roof Materials. No more than one roofing material shall be used, limited to asphalt composite shingles, photovoltaic shingles, standing seam metal, clay tile, concrete tile, and slate shingles. All other roofing materials are prohibited.

E. Rooftop Decks. Rooftop terraces or decks are prohibited.

F. Stairways. Exterior stairways are prohibited. Stairways necessary to access a dwelling unit located on a second floor shall be entirely enclosed within the structure and included within the allowable floor area of the dwelling unit which it serves.

G. Windows. Window materials and colors shall be consistent on all elevations.

H. Utilities. Gas and electric meters and connections to gas and electric meters (e.g., connections to rooftop solar panels) shall be located on exterior sidewalls adjacent to interior side property lines.

18.96.070 Two-Unit Housing Developments — General Requirements and Restrictions
The following requirements and restrictions apply to all two-unit housing developments, inclusive of existing and new primary dwelling units.

A. Accessory Dwelling Units and Junior Accessory Dwelling Units. The following number and type of dwelling units are allowed:

1. No more than two total units on each parcel, including accessory dwelling units and junior accessory dwelling units that accompany a primary dwelling unit, shall be allowed on parcels that have been created by an urban lot split pursuant to state law and Chapter 17.86 of this code.

2. No more than four dwelling units on a parcel, including accessory dwelling units and junior accessory dwelling units that accompany a primary dwelling unit, shall be allowed on a parcel that has solely utilized the two-unit housing development provisions pursuant to state law and this chapter.

3. No accessory dwelling unit or junior accessory dwelling unit shall be allowed on parcels that are developed using both the two-unit housing development and urban lot split provisions pursuant to state law, this chapter and Chapter 17.86 of this code.

B. Dwelling Unit Type. The primary dwelling units comprising a two-unit housing development may take the form of detached single-family dwellings, attached 10/04/2022 PH 1 Page 41 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 16
townhomes, and/or duplexes. A duplex may consist of two dwelling units in a side-by- side or front-to-back configuration within the same structure or one dwelling unit located atop of another dwelling unit within the same structure.

C. Building and Fire Codes. The International Building Code (Building Code) and the 2019 California Fire Code and the 2018 International Fire Code (together, Fire Code), as adopted by Title 16 of the Vista Development Code, respectively, apply to all two-unit housing developments.

D. Storm Water Management. Storm water runoff from impervious surfaces shall be directed to vegetated areas on the parcel and shall not drain onto adjacent parcels as specified by Chapter 13.18 of this code (Storm Water Management and Discharge Control Program), and as demonstrated by a drainage and grading plan prepared by a registered civil engineer.

E. Water Meter(s) and Sewer Cleanout(s). Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated and/or installed on the parcel containing the units they serve.

F. Encroachment Permit. Separate encroachment permit(s) for the installation of utilities to serve a two-unit housing development shall be required.

Applicants shall apply for and pay all necessary fees for encroachment permits to accommodate any utility connections in the public right-of-way including, but not limited to sanitary sewer, gas, water and electrical utilities.

G. Impact Fees. The following development impact fees shall be paid prior to issuance of a building permit, unless otherwise specified, for any residential dwelling unit that is part of a two-unit housing development. Impact fees shall be charged upon the development of an accessory dwelling unit in accordance with California Government Code Section 65852.2(e)(3).

1. Drainage Fee. A fee for planned local drainage facilities pursuant to Vista Development Code Chapter 17.40 (Drainage Fees).

2. Fire Protection Development Fee. A fee for future fire protection facilities pursuant to Vista Development Code Chapter 17.60 (Development Impact Fees).

3. Park Fee. A fee in-lieu of parkland dedication pursuant to Vista Development Code Chapter 17.32 (Park and Recreational Dedications) shall be paid prior to recordation of the parcel map.

4. Public Facilities Fee. A fee for future public facilities pursuant to Vista Development Code Chapter 17.60 (Development Impact Fees).

5. School Fee. Applicable school fees shall be paid to the Vista Unified School District pursuant to California Education Code Section 17620 and California Government Code Section 65995.

6. Sewer Fee. A sewer capacity charge pursuant to Vista Municipal Code Chapter 14.06 (Sewer Capacity Charge).

7. Streets and Signal Development Impact Fee. A fee for future street and traffic signal improvements pursuant to Development Code Chapter 17.60 (Development Impact Fees).

H. Restrictions on Demolition. Two-unit housing developments shall not require demolition or alteration of any of the following types of housing, except as otherwise provided in this subsection:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons of moderate, low or very low income. 10/04/2022 PH 1 Page 42 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 17

2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of police power.

3. Housing that has been occupied by a tenant in the past three years. Housing with no tenants in the past three years is limited to demolition of 25 percent of walls.

I. Owner's Rights. The parcel subject to the is not a parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

J. Short-Term Rentals. Leases for durations of 30 days or less, including short-term rentals are prohibited for dwelling units in two-unit housing developments.

The Community Development Director shall require recordation of a deed restriction documenting this requirement prior to issuance of a building permit for a two-unit housing development.

K. Subdivision and Sales. Except for the allowance for an urban lot split or a subdivision that is otherwise permitted under the Subdivision Map Act (California Government Code Section 66410 et seq) and Title 17 of this code, no subdivision of land or air rights is created in association with a two-unit housing development, including creation of a stock cooperative or similar common interest ownership arrangement. A parcel developed solely utilizing the two-unit housing development provisions under this chapter is prohibited from selling or otherwise conveying a single primary dwelling unit separate from the other primary dwelling unit.

18.96.080 Two-Unit Housing Developments —Approval Process Applications for two-unit housing developments shall be submitted and processed in compliance with the following requirements.

A. Application Type. Two-unit housing developments shall be reviewed ministerially by the Community Development Director through consideration of a zoning clearance in compliance with Chapter 18.71 the Zoning Code.

B. Application Filing. A zoning clearance application for a two-unit housing development, including the required application materials and fees, shall be filed with the Community Development Department.

C. Building Permits. Issuance of a zoning clearance shall be required prior to acceptance of an application for building permits for the new and/or altered primary dwelling units comprising the two-unit housing development.

D. Application of Objective Standards. Pursuant to California Government Code Section 65852.21(b)(2), the Community Development Director shall not impose objective zoning standards, objective subdivision standards, or objective design review standards that would have the effect of physically precluding the construction of up to two primary dwelling units on either of the resulting parcels or that would result in a unit being a size of less than 800 square feet.

E. Denial. The Community Development Director may deny a two-unit housing development project that meets the requirements and restrictions of this chapter only if the Building Official makes a written finding, based upon a preponderance of evidence, that the two-unit housing development would have a specific, adverse impact, as defined and determined in California Government Code Section 65589.5(d)(2), upon 10/04/2022 PH 1 Page 43 of 119

ORDINANCE NO. 2022—

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 18
public safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

F. Appeals. As specified in Section 18.71.040 of the Zoning Code, zoning clearances are ministerial and are not appealable."

3. Effective Date. This Ordinance shall be effective on the thirty-first day following the date of its adoption.

4. Adoption. INTRODUCED AND ADOPTED at a meeting of the City Council held on October , 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:

WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:

APPROVED
Walter C.Chung
20220915163457
10/04/2022 PH 1 Page 44 of 119

CITY COUNCIL RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA,

CALIFORNIA, ADOPTING OBJECTIVE DESIGN STANDARDS FOR MULTI-FAMILY

RESIDENTIAL AND MIXED-USE DEVELOPMENT
The City Council of the City of Vista does resolve as follows:

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

A. Senate Bill 330, the Housing Crisis Act of 2019, established a requirement for the use of objective design standards in the review of certain housing development proposals.

Objective design standards involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application.

B. The City of Vista has prepared objective design standards in compliance with SB 330 and intends to adopt said standards for specified multi-family residential and mixed-use development projects.

C. This resolution is exempt from review under the California Environmental Quality Act (CEQA) because this resolution is covered by the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment (CEQA Guidelines Section 15061(b)(3)).

D. On October 4, 2022, the Vista City Council held a duly noticed public hearing on the requested objective design standards. At the public hearing staff reports both written and oral were received in evidence, and all persons desiring to speak on the project were heard. At the conclusion of said hearing, after consideration of all evidence presented, the City Council reached a decision on the matter as set forth.

2. Action.

A. Each of the above recitals is true and correct and is incorporated herein by reference.

B. The "Objective Design Standards," attached hereto as Exhibit"A," are hereby adopted by the City Council.

EXHIBIT 4
10/04/2022 PH II Page 45 of 119

RESOLUTION NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE NO. 2

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council held on October 4, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:

WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By.

Exhibits:

A. Objective Design Standards

APPROVED
Walter C.Chung
20220915163756
10/04/2022 PH 1 Page 46 of 119

City of Vista
Objective Design Standards
�
.. 2
N�ft iiiii
3( ,
Mt--MIM-71

CITY OF VISTA
October 2022 City Council Draft 0
A ` ' F 0 R R ' A

Acknowledgments
City Council
Judy Ritter- Mayor
John B. Franklin - Deputy Mayor
Joe Green - Council Member
Corinna Contreras - Council Member
Katie Melendez - Council Member
City Staff
John Conley - Director of Community Development and Engineering Patsy Chow- Deputy Director of Community Development/City Planner Michael Ressler- Principal Planner
Christopher Winters - Senior Planner
Raffi Mangassarian - Associate Planner
Prepared for
City of Vista
S

CITY OF VISTA
C A L I F 0 R N I A
Prepared by
RRM Design Group
rrm
group
1 10/04/2022 PH 1 Page 48 of 119

Table of Contents
I. Intrnr+,irtion
A. Purpose
B. Background
C. Applicability
II. Site Design 5
A. Purpose
B. Vehicular Parking and Access
C. Pedestrian Circulation and Access
D. Common Usable Open Space
E. Private Usable Open Space
F. Landscaping
III. Building Design 13
A. Purpose
B. Building Form, Massing, and Articulation
C. Common Building and Site Entries
D. Individual Unit Entry
E. Windows and Doors
F. Materials and Colors
IV. Mixt�.. .,.tee Standards 21
A. Ground Floor Transparency
B. Street-Facing Setbacks
C. Street-Facing Entry
D. Common and Private Usable Open Space
V. Utilitarian Elements 25
A. Bicycle Parking
B. Trash, Recycling, and Green Waste Container Enclosures C. Fences and Walls
D. Lighting
E. Equipment and Utility Screening
F. Vents and Exhaust
G. Downspouts and Drains
10/04/2022 PH 1 Page 49 of 119 i'

This Page Left Intentionally Blank
iii 10/04/2022 PH 1 Page 50 of 119

Introduct
ism
hill
ail
I]:=-]-
10/04/2022
l

Introduction
I . Introduction
A. Purpose.

The purpose of these design standards is to provide the public, building and design professionals, and decision-makers with objective criteria for eligible residential and mixed-use development in the City.

The intent is to provide clear design direction that enhances an area's unique character and sense of place, respects existing neighborhood compatibility and privacy, and ensures a high-quality living environment.

B. Background.

In 2017, the Governor signed into law multiple housing bills which went into effect on January 1, 2018 and will expire on January 1, 2026. SB 35 (California Government Code, §65913.4) provides for a streamlined, ministerial approval process for eligible multifamily residential development (two or more residential units), subject to certain conditions including affordability requirements, and consistency with objective zoning and design standards.

C. Applicability.

The provisions of this chapter apply to all newly constructed residential and mixed-use projects, in all zones and specific plan areas, that qualify for streamlined, ministerial processing, and which meet the definition of "housing development projects" under California Government Code §69989.5. These include multifamily housing with two or more units, and mixed-use projects with two-thirds or more of the project dedicated to residential square footage.

Additionally, the provisions apply to any newly constructed residential and mixed-use projects where the City establishes applicability in the Vista Development Code.

1. Compliance with Existing Standards. Eligible residential projects shall comply with existing policies and objective standards including those established in the Vista Development Code, adopted City plans and design manuals (e.g., specific plans, General Plan, Vista Design Guidelines and Landscape Manual), and the California Building Code (CBC). 10/04/2022 PH 1 Page 52 of 119

Introduction

2. Exceptions, Waivers, or Modifications. Residential and mixed-use projects seeking exceptions, waivers, or modifications to any development standards set forth in the Vista Development Code or the design standards set forth in this document, excluding modifications such as concessions, incentives, parking reductions, or waivers of development standards pursuant to State Density Bonus Law, shall not be eligible for streamlined, ministerial processing per SB 35. The City's non-streamlined, discretionary review process shall be required for any project that seeks exceptions, waivers, or modifications to objective standards.

3. Conflicting Standards. If there is any conflict between the Objective Design Standards and existing City and/or State requirements, the more restrictive objective standard shall apply.

Citv •
•b

This Page Left Intentionally Blank
4 10/04/2022 PH 1 Page 54 of 119

Site si n
r � -
y � t
Y f
f ?L
r/
n 1i -
il � j w
_ f
1 z
hy°, •'.� 'y' - r i 5,'h:A c '«` �� Ili. _ - u � z 7.c�a,`�,,"��" -.s-^•,yak •'`��:v.. - ,�, � �' - _ S
10/04/2022 PH1 Page 55 of 119

Site Design
Nap
II . Site Design
A. Purpose.

Site design refers to the arrangement of - and relationships between - buildings, parking areas, common and private open space, landscaping, and pedestrian connections. The site planning topics in this chapter include site layout and building placement, vehicular surface parking and access, pedestrian circulation and access, landscaping, and common and private open space.

B. Vehicular Parking and Access.

Vehicular parking and access shall comply with objective provisions of Chapter 18.54, Off-Street Parking and Loading Requirements, and Chapter 16.57, Private Street and Driveway Standards, of the Vista Development Code; relevant specific plans; Vista Landscape Manual; Vista Design Guidelines; and other applicable City standards. In addition, projects shall comply with the following:

1. Primary Access. Side street or alley access
shall serve as the main vehicular access to
parking areas, if available. If not available,
•—••—••— • the primary street shall serve as the main vehicular access.

LL I

2. Number of Access Points. For interior lots
with less than 100 linear feet of street
frontage, a maximum of one vehicle
r
y access point from the street is permitted.

I I z For interior lots with 100 linear feet or more �..—..—..—.. ..—..—..—..T-
of street frontage, a maximum of two
vehicular access points from the street is
permitted (for parking areas with one-way
H.8.2. Vehicular Parking and Access:Number of Access Points. circulation, the maximum shall be two vehicle access points, one for entering
and one for exiting). For corner lots, one
vehicular access point is permitted per
street frontage with less than 100 linear
feet and two vehicular access points
are permitted for street frontages with
100 linear feet or more, with an overall
maximum of two vehicular access points
permitted.

Citywide . Mixed Use S
Objec,',�vc 'Standards Page 5 C, Y Of VISTA

Site Design

3. Loading and Service Areas. Loading and service areas shall comply with existing standards in the Vista Development Code and/or a relevant Specific Plan, as well as the following standards:
a. All required loading and service areas shall be located on a facade other than the primary building frontage, and/or at the rear or side of the site so as to minimize their visibility.
b. Loading and service areas shall be located to not obstruct, block, or prevent the flow of onsite and offsite vehicular traffic.
c. Loading and service areas shall not be located adjacent to residential dwelling units or common open space areas and shall be screened from view with solid walls or fencing, and/or dense evergreen vegetation.

4. Entry Driveways.
a. Primary Entry Driveways. Projects
shall incorporate low decorative
fencing or walls a maximum of 3
feet in height, and/or enhanced
landscaping and signage to
accentuate a primary entry
driveway into the site. Curb
returns shall be used at all
primary driveway entries. ENHANCED PAVING
p rY Y TREATMENT USING
ATTERNED b. Enhanced Paving for Entry COLORED PAVERS,R AND/OR Driveways. Enhanced paving OR DECORATIVE COLORED

AND SCORED CONCRETE
treatment using patterned and/
MIN 12 FT
or colored pavers, brick, or DEEP
decorative colored and scored
concrete shall be used for
entry driveways a minimum of
12 feet deep (including where
the driveway crosses the public II B 2 Vehicular Parking and Access:Enhanced Paving for Entry sidewalk) and spanning the Driveways.
width of the entry driveway.

CouncilCity
CITY OF VIS'FA •b

Site Design
TIM
C. Pedestrian Circulation and Access

1. General. Paved or hardscape on-site pedestrian circulation and access shall be provided according to the following standards:
a. Pedestrian circulation shall connect residential units to areas throughout the site, such as vehicle parking areas, bicycle parking areas, common outdoor open space, waste and recycling enclosures, and other amenities. See Section II.C.3 for additional provisions related to pedestrian travel in vehicle parking areas. b. Pedestrian walkways shall connect public sidewalks to common building entrances. c. Pedestrian walkways shall connect public sidewalks to vehicle parking areas. d. Pedestrian walkways shall connect GREATER THAN 300FT common building entrances to all
transit stops directly adjacent to the
project.

2. Pedestrian Pathways. Pedestrian pathways
shall be provided with a minimum clear
width of five feet along their entire length, THROUGH LOT according to the following standards:
a. Through Lot Connection. Through
lots located more than 300 feet
from a street intersection (from the
closest point of the lot) shall provide
a publicly accessible sidewalk
or pathway connecting the two II.C.2.a.Pedestrian Circulation and Access:Through Lot Connection streets.
b. Materials. Pathways shall be
constructed of firm, stable, and slip-
resistant materials such as poured-in-
place concrete (including stamped
and stained concrete), permeable
paving, brick, or concrete pavers.
c. Enhanced Paving for Pedestrian
Crossings. Where pathways cross a
vehicle lane such as a driveway or
parking lot drive aisle, the pathway
should be clearly delineated
Citywide Multi-Family and Mixed Use

Page 5 ends

Site Design
by a contrasting color, pavement pattern, and/ or be raised slightly to form a speed table to clearly identify the pedestrian crossing. Pedestrian crossings shall feature enhanced paving a minimum width of five feet spanning the width of the accessway.
d. Landscaping. Walkways shall be flanked on both sides with landscaping, including a mix of turf, groundcover, and shrubs a maximum four feet in height. Parking lots under 100 spaces are excluded from this requirement. Both sides of walkways shall provide trees which shall be spaced to shade at least 50% of the overall walkway length at maturity. For walkway segments directly adjacent to a wall, landscaping shall consist of vines espaliered against wall surfaces. Landscaping shall comply with the City of Vista Landscape Manual and Chapter 18.56, Water Efficient Landscaping, of the Development Code.

3. Pedestrian Circulation in Vehicle Parking Areas. Pedestrian pathways shall be provided within vehicle parking facilities with 100 or more spaces, separate from traffic lanes, to allow pedestrians safe access to building entries as follows:
a. Pathways running parallel to the parking rows shall be provided for every four rows. b. Pathways running perpendicular to the parking rows shall be no further than 20 parking stalls apart.
c. Pathways shall comply with Section C.2, Pedestrian Pathways, of the Objective Design Guidelines.

4. Enhanced Paving for Building Entrances. Primary building entryways shall provide decorative and accent paving that contrast in color and texture from the adjacent walkway paving.

D. Common Usable Open Space.

Common usable open space that is accessible and usable to residents of all ages shall be provided as required by Title 18 (Zoning) of the Vista Development Code, relevant specific plans (e.g., Down- town Vista Specific Plan), and the Vista Design Guidelines. Common usable open space shall comply with the standards below. Additional standards specific to projects in an M-U Zone are provided in Section IV.D.

1. Amenities -Projects of 4 to 9 units. Common open space shall include one or more of the following amenities: gathering and picnic spaces, play areas, multi-use paths and trails, athletic/recreational courts, pools and spas, community gardens, or other similar outdoor amenity. An applicant may provide common open space through an amenity not on this list if it is readily accessible by all residents for recreation and social purposes. •
CITY OF VIS'FA •b

Site Design
Nap

2. Amenities -Projects of 10 or More Units. Projects of 10 or more dwelling units shall provide amenities in compliance with standards in the City of Vista Design Guidelines, including Architecture-Multifamily Guidelines 32 and 34.

3. Visibility. Common open space shall be located and arranged to allow visibility into the space from pedestrian walkways on the interior of the site.

4. Paving. Hardscaped surfaces in shared open spaces (e.g., courtyards) shall be enriched through decorative pavers, brick, or stamped concrete.

5. Seating. Common usable open spaces shall incorporate seating in both shaded and sunny areas.

E. Private Usable Open Space.

Private usable open space shall be provided as required by Title 18 (Zoning) of the Vista Develop- ment Code and/or relevant specific plans. The following are additional standards related to privacy:

1. Screening with Structural Elements. Where private open space (such as a balcony or ground floor patio) is located adjacent to a window of an adjoining dwelling unit, balcony and patio walls or fencing shall be constructed of opaque materials with limited openings to provide a minimum of 85% surface area screening (measured from the finished floor of the private open space to the top of the railing, fencing, or walls). a. Wall/Fencing Heights. Walls or fencing used as screening shall be minimum of 48 inches in height. Balcony railings shall be minimum 42 inches in height.

2. Screening with Landscaping. A landscape buffer of minimum five (5) feet width and/or an opaque fence or wall, shall be located to enclose a ground-level private outdoor space.

The buffer shall be planted with dense evergreen shrubs and vines which grow to or are maintained at a maximum height of four (4) feet.

F. Landscaping.

Landscaping shall be utilized for all outdoor areas that are not specifically used for vehicular access ways and parking areas, pedestrian walkways, and paved or covered open space/recreational fa- cilities. Landscaping shall comply with the objective provisions of the City of Vista Landscape Man- ual and the Vista Development Code including Chapter 18.34, R-M Multi-Residential Zone; Chapter

18.35, M-U Mixed-Use Zone; Chapter 18.56, Water Efficient Landscaping; and/or relevant specific plans. The following additional standards are applicable for sites adjacent to residential uses:

1. Site Perimeter. If the site is adjacent to residential uses, landscaping consisting of evergreen hedges and/or trees shall be provided around the perimeter of the property as a buffer between adjacent properties to obscure direct sight lines into individual residences or Citywide10 -d Use
"aga "-'L"1TYGf VISTA

Site Design
private open spaces. For projects in an M-U (Mixed-Use) Zone, landscaping shall be provided in addition to a masonry wall, where applicable, per Section 18.35.080 of the Vista Development Code.
a. Perimeter and Privacy Screening Plant Selection. Perimeter and individual unit landscape privacy screening shall consist of dense shrubs and evergreen trees a minimum of 15 gallons, located to grow to at least the height of the window, door, or private open space. Plantings shall be selected to achieve at least 50% of this height within no more than two years from time of installation.

2. Individual Units. Landscaping shall obscure direct sight lines between adjacent individual units, and may be used in combination with walls, fencing, and/ or trellises to screen views. Landscape privacy screening shall include large trees and shrubs located to quickly grow to at least the height of the window, door, or private open space. Plant selection and landscape screening container size shall be selected to achieve at least 50% of this height within no more than two years from time of installation.

3. Plant Selection. Plant selection shall contain a mix of flowering vegetation and varying textures, and shall contain a mix of at least 50% evergreen species. a. Adjacent to Open Space. Projects located adjacent to open space zones and natural vegetation areas shall provide 75% of California native species.

City Council Draft 11
CITY OF VIS'FA •b

This Page Left Intentionally Blank
12 10/04/2022 PH 1 Page 62 of 119

l
}tt
i
i
Buildi si n
y
�.i
"'"�- 13

-0 Building Design
III . Building Design
A. Purpose.

Building design incorporating variations in form, massing, and facade articulation provides human scale and visual interest to a building, and also delineates individual units or groups of units. This is primarily achieved through varied heights, projections, setbacks, and recesses. Variations in materials and colors further emphasize changes and hierarchy in building form.

B. Building Form, Massing, and Articulation.

1. Buildings greater than two stories shall be designed to differentiate a defined base; a middle or body; and a top, cornice, or parapet cap. Buildings two stories or less shall include a defined base and top. This effect shall be achieved through incorporating at least two of the following design elements for each building:
a. Color, texture, or material changes.
b. Variations, projections, or reveals in the wall plane. c. Variations in fenestration size or pattern.
d. Weather protection with depth of at least 36 inches. e. Decorative architectural details such as cornices and columns with depth of a least 6 inches.

PH1 Page 64 of 119

Building Design

2. Wall Plane Variation. Building facades visible from the primary street or the public right-of- way shall not extend more than 30 feet in length without two of the following:
a. A two-foot minimum variation in depth in the wall plane. b. Architectural features such as overhangs, bay, canopies, columns, pilasters, trellises, arches, and change in fenestration.
c. A building entrance such as a front porch or stoop; patio, deck, or balcony; or upper-story setback;
d. A change in height of at least 5 feet greater or less than the height of the abutting facade.
e. Other clearly defined projecting or recessed architectural elements. 5FTMIN
--------__ ELEVATION VIEW
`�-------------------------------------------------
ee ee M ee

VARIATIONIN

ARCHITECTURAL

ELEMENT
Li Li L
30 Fr MAX 30 FT MAX 30 FT MAX
2FTMIN
----------
-----------------------------------------------

PLAN VIEW
III.B.2. Building Form, Massing,and Articulation:Wall Plane Variation.

3. Corner Building Massing. Buildings located at the corner of an intersection and greater than two stories shall include one or more of the following features within 40 feet of the corner of the building.
a. A common entry to a primary residential building or an entry to ground-floor commercial uses. Development projects in an M-U zone shall comply with corner cutoff and entry standards in Section 18.35.080, Development Standards, of the Vista Development Code.
b. A different material application, color, or fenestration pattern of windows and doors from the rest of the facade.
c. A change in height of at least 5 feet greater or less than the height of the abutting facade.

CouncilCity Draft 15
CITY OF VISTA •b

Building Design

4. Corner Architectural Features. At intersections of two roadways classified as 4- or 6-Lane arterial, major, or collector (per General Plan Circulation Element), provide landmark features at corners such as towers, primary entries, enhanced materials, or roof projections to create a sense of hierarchy.

5. Rooflines. Roofline elements shall be carried around all elevations, regardless of orientation to the public right-of-way. Rooflines shall not extend more than 30 feet in length without at least one prominent change as described below:
a. Variation in roof form, such as gable, shed, or hip, or offset roof planes. b. Variation in architectural elements, such as parapets and cornices. c. Provide variation of roof height of at least 18 inches (as measured from the highest point of each roofline).

VARIATION IN ARCHITECTURAL VARIATION IN ROOF FORM,
ELEMENTS,SUCH AS SUCH AS GABLE,SHED,OR HIP,
PARAPETS AND CORNICES OR OFFSET ROOF PLANES
18 IN MIN_I______
ee eer—
-totee
Epp U M1 Fnn 9
111.B.5.Building Form,Massing,and Articulation:Rooflines.

6. Flat Roofs and Parapets. Parapets shall be provided around the perimeter of a flat roof and shall be high enough to screen all rooftop mechanical equipment from being visible from all common open spaces and public right-of-way.
a. Interior side of parapet walls shall not be visible from a common open space, pedestrian view, or public right-of-way.
b. Parapets shall be capped with precast treatments, continuous banding, or projecting cornices, dentils, or similar edge treatment.

7. Four-sided Architecture. Buildings shall be designed and articulated with common details, articulation, materials, and elements on all sides. Rear building elevations facing a public street or that are visible from a public right-of-way shall feature enhanced architectural treatments similar to front building elevations' architectural treatments.

Citywide16 Multi-Family and Mixed Use
. ;, Page 60 wcf�y Of VISTA

Building Design
C. Common Building and Site Entries.

1. Street-Facing Pedestrian Entry.
a. Multi-Unit Buildings. Multi-unit buildings located adjacent to the street shall have a minimum of one common ground-level entryway facing the primary street. For corner buildings adjacent to the primary street, there shall be either one common entry at the corner or one entryway facing each street. See related standards in Section II.C, Pedestrian Circulation and Access, in the Objective Design Guidelines.

For mixed-use buildings, see Section IV.C, Street-Facing Entry.

2. Non-Street-Facing Building Entry. Multi-unit buildings not located adjacent to a street shall have building entryways oriented to face common open space areas such as landscaped courtyards, plazas, greens, or paseos.

3. Building Entry Architectural Treatments. Common building entries shall be differentiated from the main facade through at least two of the following:
a. Roof above the entry incorporates a change in roof line of at least 18 inches. b. Entry incorporates a variation of wall plane (recessed or projected) a minimum of 2 feet from the adjacent wall planes.
c. Entry incorporates architectural treatments that vary from those on the general facade (e.g., window and/or door trim with substantial depth and detail, decorative siding, porches, stoops).

4. Lobby Stairways. Building lobbies for multi-floor buildings shall have a main stairway visible from the entrance door.

D. Individual Unit Entry

1. Street-Facing Entry. Each dwelling unit fronting a primary street on the ground floor shall include at least one street-facing porch, balcony, or patio which may contribute to all or part of private open space requirements.

2. Non-Street-Facing Entry. Ground-floor dwelling units not located adjacent to a street shall have front entryways oriented to face common open space areas such as landscaped courtyards, plazas, greens, or paseos.

3. Architectural Treatments. Street-facing unit entries shall be differentiated from the facade they are located on by the use of a porch, stoop, patio, terrace, forecourt, or courtyard.

Entryways shall provide weather protection through a roof projection and/or entry recess with a minimum total depth of 36 inches.

4. Upper Floor Unit Entry. Exterior entrances to individual units on upper floors are not permitted.

CouncilCity Draft 17
CITY OF VISTA •b

-0 Building Design
E. Windows and Doors.

1. Privacy. Where windows and/or doors are proposed within 10 feet of another building, their design and placement shall ensure privacy for users in both buildings to avoid unfiltered/ direct views between the sites, and shall be designed with two or more of the following:
a. Windows, doors, porches, balconies, patios, and decks shall not directly align with unscreened adjacent primary interior living areas or open spaces. b. Utilize non-transparent or obscured glazing, such as frosted/patterned glass.

Reflective glazing is not permitted.
c. Provide permanent architectural screens or affixed louvers at windows. d. Windows shall be offset horizontally at least 12 inches from any windows in adjacent buildings (edge to edge) or use clerestory windows, glass block or non-operable opaque windows so as not to
have a direct line-of sight into
adjacent units.

O2. Window Treatment. Windows shall either
O be recessed at least three inches from
the plane of the surrounding exterior
PRIMARY VIEWS wall or shall have a trim or windowsill at least one-half inch in depth.
a. Windows Facing a Public Street.

Windows facing a public street
PRIMARY VIEWS or that are visible from the public right-of-way shall feature
enhanced window treatments,
such as decorative trim, shutters,
awnings, decorative
architectural brackets, and/or
III.E.1.a. Windows and Doors:Privacy. trellises. b. Window Shutters. Functional and
decorative shutters shall be '/2-
width of the associated window
glazing (for paired shutters), or
matching width for a single
shutter adjacent to a single
narrow window.

Citywide18 -d Use
.c-.i-ve Dvs.,9n Scandards Scan,, PH1 Page 68 of 119

Building Design
c. Awnings. Aluminum or vinyl are
not allowed.

F. Materials and Colors. DON'T DO

1. Wall Material. The primary exterior
siding material for buildings shall
be wood, stone, brick, stucco, fiber
cement, composite wood or stone,
or a material allowed per relevant
specific plan standards. Plywood is
prohibited. CHANGES IN MATERIAL SHALL NOT OCCUR

AT THE OUTSIDE CORNERS OR WITHIN A

WALLPLANE

2. Window Material. Window materials DO
and color shall be consistent on all
elevations.

3. Material Transition. Changes in material
shall not occur at the outside corners
or within a wall plane. Changes shall
occur at inside corners of intersecting CHANGES IN MATERIAL SHALL walls, or at architectural features OCCUR AT INSIDE CORNERS OF that break up the wall plane, such as INTERSECTING WALLS III.F.3.Materials and Colors:Material Transition.
columns.

4. Accent Material. Use of accent
materials such as glass, tile, brick,
stone, concrete, or plaster shall be
CouncilCity •
CITY OF •b

This Page Left Intentionally Blank
20 10/04/2022 PH 1 Page 70 of 119

G �ni
li;4i y r
l
8a'
F
{
10/04/2022 PH1 Page

Mixed-Use
IV. Mixed - Use Standards
The following additional standards apply for all projects in an M-U Zone.

A. Ground Floor Transparency.

Exterior walls facing any front- or street-facing lot line must include windows or doors for at least 50 percent of the building wall area located between 18 inches and 7 feet above the elevation of the sidewalk. The window area shall be clear and transparent to enhance pedestrian experience at street level and shall not be obstructed with signage, displays, or other window treatments covering more than 25 percent of the window area. No wall may run in a continuous plane for more than 20 feet without an opening. Parking garages are not required to meet the ground floor transparency requirement.

MIN 50%OF THIS

AREA SHALL BE

OPENINGS
EFF] 2 2 2_
------- ------ .. ....... .
18 IN
MAX 20 FT LINEAR

WALL LENGTH

WITHOUT AN

OPENING
N.A. Ground Floor Transparency.

B. Street-Facing Setbacks.

Where a front- or street-facing side setback is provided for a mixed-use building, it must be land- scaped and/or hard surfaced for use by pedestrians. The setback shall contain at least two pedes- trian-oriented, publicly accessible amenities per 50 linear feet such as benches, drinking fountains, shade structure, or other design element (e.g., public art, planters, and kiosks). 10/04/2022 lards PH 1 Pa e 72 of 119

Mixed-Use
C. Street-Facing Entry.

Mixed-use buildings located adjacent to the street shall incorporate at least one pedestrian entry directly from the public sidewalk or right-of-way. Primary entries shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry or providing an awning or sim- ilar weather protection element. Entries adjacent to the sidewalk shall minimize conflicts between passers-by and people entering or leaving the building by ensuring a four-foot-deep clear area between the entry door and the edge of the sidewalk path of travel.

D. Common and Private Usable Open Space.

Common and private usable open space shall be provided according to the following standards. 1 . Projects with four or fewer dwelling units. These projects shall provide a minimum of 200 square feet of open space per unit, which may be provided as common or private open space. Roof decks may also count toward the required open space if amenities such as gathering, picnic, and seating areas are provided.

2. Projects with five to 20 dwelling units. These projects shall provide a minimum of 200 square feet of open space per unit. At least 33 percent of the total required area shall be provided as private space for each unit; the remaining space shall be provided as common open space for use exclusively by residents. Roof decks may also count toward 50 percent of the required open space if amenities such as gathering, picnic, and seating areas are provided.

3. Projects with more than 20 dwelling units. These projects shall provide a minimum of 200 square feet of open space per unit. At least 25 percent of the total required area shall be provided as private space for each unit; the remaining space shall be provided as common open space for use exclusively by the residents. Roof decks may also count toward 20 percent of the required open space if amenities such as gathering, picnic, and seating areas are provided.

4. Minimum Dimensions and Minimum Area. Any space credited or used as private space shall have a minimum horizontal dimension of 10 feet and a minimum area of 100 square feet. Any space credited or used as common space shall have a minimum horizontal dimension of 20 feet and a minimum area of 400 square feet. 10/04/2022 PH 1 Page 73 of 119

Mixed-Use

5. Publicly Accessible Open Space -Mixed-Use Projects of More than 50 Units. Projects of more than 50 units and located adjacent to the street shall include at least one gathering space along the street frontage that provides an opportunity for neighborhood interaction, such as a courtyard, picnic/sitting area, or play area. This space shall be publicly accessible from the public sidewalk for a minimum daily duration of dawn to dusk, and shall have direct visual access from public right-of-way to maximize safety and security. This gathering space may count towards the requirements of Common Usable Open Space.

Mixed Use
10/04/2022 , , ,

Utilitarian Eledrais
�. rs
AL
IN
10/04/2022 PH 1 a %J,`
AU.eii�nmeiuia�.

AoMtk Utilitarian Elements
V. Utilitarian Elements
A. Bicycle Parking.

Bicycle parking shall be provided to comply with Section 18.54.080, Bicycle Parking/Storage Re- quirements, of the Vista Development Code, and bicycle parking facilities shall follow the following standards:
1 . Outdoor bicycle parking/storage shall be on a paved surface such as asphalt or concrete in a lighted location.

2. Bicycle racks must allow the bicycle to be secured separately at two points: the frame and at least one wheel.

3. The location of outdoor bicycle racks and/or lockers shall ensure a clear path of travel in a sidewalk or other public right-of-way, taking into account space for bike placement and maneuvering.

4. Bicycle storage facilities provided in an outdoor enclosed structure shall incorporate materials and colors used in the primary building, and shall not be visible from the public right-of-way. Outlets shall be made available within the storage lockers for electric bicycles.

B. Trash, Recycling, and Green Waste Container Enclosures.

Trash, recycling, and green waste container enclosures are required for multiple unit and mixed-use developments. They shall be located within a building, incorporated into the exterior building de- sign, or located within a detached enclosure. The siting and design of enclosures shall comply with the provisions of Section 18.58.590, Refuse Collection and Storage Areas, of the Development Code and Site Design Guideline 42 of the Vista Design Guidelines. l . No trash collection area or trash/recycling enclosure shall be visible from a public right-of- way.

2. Outdoor refuse containers shall be visually screened within a non-combustible enclosure, so that it is not visible from adjacent lots or sites, neighboring properties or streets.

Enclosure shall be constructed with minimum 6-foot tall decorative block wall, to be painted to match the existing building. Enclosure entry shall have a decorative fence/ gate.

3. Roof structures shall be provided over refuse collection enclosures. Roof structure shall be covered with a minimum 6-inch thick fascia to screen roofing element from view. - 2 PH1 Page 76 of 119

Utilitarian Elements Aft
C. Fences and Walls.

Fences and walls shall be designed consistent with the primary building colors and materials. Chain link fencing is prohibited. Where fences and walls of different materials or finishes intersect, a natural transition or break (such as a column or pilaster) shall be provided. See Section 18.58.370, Fences and Walls, of the Vista Development Code for additional standards.

D. Lighting.

Lighting shall be provided in all areas for vehicular and pedestrian circulation, entryways, and com- mon open spaces. Lighting shall comply with the provisions of Section 18.58.260, Outdoor Lighting Facilities and/or Fixtures, of the Vista Development Code.

E. Equipment and Utility Screening.

In-ground and wall-mounted utility elements such as wires, conduits, junction boxes, transformers, ballast, backflow devices, irrigation controllers, switch and panel boxes, and utilities such as gas and electrical meters shall be concealed from public view with screening by physical elements incorpo- rating the materials and colors of the primary building design. Landscape screening with evergreen plants may be planted to completely conceal the equipment or utility.

F. Vents and Exhaust.

All wall-mounted elements shall be located at interior corners of building walls or behind building el- ements that conceal them from public view. All flashing, sheet metal vents, exhaust fans/ventilators, and pipe stacks shall be painted to match the adjacent roof or wall material and/or color.

G. Downspouts and Drains.

Scuppers, downspouts, and drains shall be internalized or located at the inside edges of building walls, porches, and columns. External scuppers, downspouts, and drains shall be painted and/or constructed of materials that match other building accents.

CITY OF VIM
PH1 Page 77 of 119;

CITY COUNCIL RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA,

CALIFORNIA, ADOPTING USER FEES FOR URBAN LOT SPLIT AND TWO-UNIT HOUSING

DEVELOPMENT APPLICATIONS
The City Council of the City of Vista does resolve as follows:

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

A. Senate Bill 9 (SB 9) (Atkins) establishes the ability to process ministerial applications for Urban Lot Splits and Two-Unit Residential Developments, which require a certain level of review by City staff prior to approval.

B. The level of effort to review an Urban Lot Split application is commensurate with a Tentative Parcel Map and the level of effort to review a Two-Unit Housing Development application is commensurate with a Plot Plan review; therefore, staff is recommending establishing user fees for SB 9 applications that match the existing fee schedule for these project types.

C. This resolution is statutorily exempt from review under the California Environmental Quality Act (CEQA) in accordance with State CEQA Guidelines Section 15273 because it establishes fees for the purpose of meeting operating expenses.

2. Action.

A. Each of the above recitals is true and correct and is incorporated herein by reference.

B. The user fee for an Urban Lot Split application shall match the user fee for a Tentative Parcel Map application, which is currently $5,218.59.

C. The user fee for a Two-Unit Residential Development application shall match the user fee for a Plot Plan review, which is currently $3,624.08.

D. These fees shall be adjusted annually on July 1 of each year consistent with the latest Engineering News Record, Los Angeles Construction Cost Index, as specified in City Council Resolution No. 2018-63.
(Continued on next page)

RESOLUTION NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE NO. 2

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council held on October 4, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:

WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By

APPROVED
Walter C.Chung
20220915164009
10/04/2022 PH 1 Page 79 of 119

PLANNING COMMISSION

STAFF REPORT

PUBLIC HEARING
September 6, 2022
P22-0718
REQUEST: Amendments to titles 17 and 18 of the Vista Development Code to implement State housing legislation, and new Objective Design Standards for multi-family residential and mixed-use development.

APPLICANT: City of Vista
RECOMMENDATION: Adopt Resolution 2022- , recommending City Council approval of ordinances adding chapters 17.86 for Urban Lot Splits, 18.71 for Zoning Clearances, and 18.96 for Two-Unit Housing Developments, amending chapters 18.31 for Accessory Dwelling Units and 18.90 for Residential Density Bonus, and recommending approval of a resolution adopting objective design standards for multi-family residential and mixed-use development
I. BACKGROUND:

With the passage of recent legislation at the State level, several revisions to the City's subdivision and zoning standards are required. The following legislative bills are being addressed with this Development Code update:

Accessory Dwelling Units (ADUs): Legislation affecting ADU regulations state-wide was initially enacted in 2017 and new legislation has followed each year. The latest amendments (Assembly Bill (AB) 345, AB 3182, AB 881, AB 68, and Senate Bill (SB) 13) made significant revisions to the laws governing the development of ADUs. These bills significantly expanded the ability to develop ADUs and reduced barriers to their development. As such, these amendments require substantial revisions to the regulations governing the development of ADUs and are reflected in the recommended amendments to Development Code Chapter 18.31 (Accessory Dwelling Units).

Residential Density Bonus: Assembly Bill 1763 (AB 1763) was passed in 2019 and expanded density bonus provisions as well as increased concessions for 100 percent affordable projects.

Assembly Bill 2345 (AB 2345) followed in 2020 and increased the maximum allowable density that can be achieved under Density Bonus law, as well as the number of concessions and incentives a developer may request. These revisions are reflected in the amendments to Development Code Chapter 18.90 (Residential Density Bonus Ordinance).

Senate Bill 9: SB 9 was passed in 2021 and established a new ministerial approval process for subdividing an existing single-family lot as well as establishing the ability to develop two residential units (exclusive of ADUs) on any existing single-family lot, regardless of existing zoning standards. These revisions are reflected in new chapters 17.86 (urban Lot Splits), 18.71 (Zoning Clearance) and 18.96 (Two-Unit Housing Developments) of the Development Code. 1 EXHIBIT 6
10/04/2022 PH 1 Page 80 of 119

Objective Design Standards: SB 330, the "Housing Crisis Act of 2019" was passed in 2019 and established new rules for projects defined as "housing developments," made significant changes to the development entitlement process for housing projects, and limited local jurisdiction's ability to deny housing projects, downzone, or impose growth control measures, among other revisions. Although the majority of these legislative changes apply to the development review process and do not trigger zoning amendments, the City is required to create and adopt new "objective design standards" for housing development projects, which are addressed herein.

PROJECT DESCRIPTION:

The proposed project adds to and amends various chapters of the Development Code related to subdivision (Title 17) and zoning (Title 18) standards. The proposed revisions apply to regulations affecting accessory dwelling units, residential density bonus requirements, and new standards to implement Senate Bill 9 that allow an urban lot split or a two-unit residential development. In addition, staff is recommending the adoption of a new process for zoning clearances and new residential design standards to comply with certain provisions in State law.

Each of these components are described below.

Accessory Dwelling Units. The proposed project would amend Chapter 18.31 of the Development Code related to Accessory Dwelling Units (or ADUs). The proposed revisions add to and/or modify definitions, applicable zones, requirements for ADUs, number of ADUs, size, setbacks, height, parking, architectural consistency, requirements for Junior ADUs (or JADUs), fees and submittal requirements, as further described below. The proposed code revisions are included in the draft Ordinance included as Exhibits A (clean version) and B (redlined version). • Definitions (18.31.010) —The definition of"Accessory Dwelling Unit" is modified to clarify that an ADU is permitted on a lot with a proposed or existing primary residence. A definition for a Junior Accessory Dwelling Unit is added as follows: "a unit that is no more than 500 square feet in size and contained entirely within an existing one-family dwelling. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure." A definition for a Primary Residence is added as follows: "the first existing dwelling structure erected on a parcel used exclusively for residential purposes. A Primary Residence may be a one-family dwelling or multiple dwelling." • Applicable Zones (18.31.020) —The zones in which an ADU or JADU may be developed are expanded to include the Multi-Residential (R-M) and Mixed Use (M-U) zones, as well as any specific plan that allows a one-family dwelling by right. Revisions to this section also clarify that an ADU located within repurposed existing space is limited to 800 square feet in area, 16 feet in height, and must meet 4-foot side and rear yard setbacks. • Requirements for ADUs (18.31.030) —An ADU may be developed on a lot with existing building code violations provided such violations do not impact public health and safety as determined by the Building Official. An ADU may not be sold separately from the Primary Residence unless through a qualified buyer in accordance with Government Code Section 65852.26 (under very limited circumstances). The minimum rental term for ADUs is no less than 30 consecutive days. The Primary Residence and ADU(s) must share the same address number and an additional unit number can be assigned to differentiate the units. An ADU may be constructed at the same time as a Primary Residence, or the Primary Residence may be constructed first. A manufactured home may be used as an ADU provided it is placed on a permanent foundation and connected to utilities, but recreational vehicles may not be used as ADUs. ADUs are subject to the same photovoltaic solar requirements as new homes (as of January 1, 2020).
2 10/04/2022 PH 1 Page 81 of 119

• Number of Accessory Dwelling Units (18.31.040)— If the Primary Residence is a one-family dwelling, one ADU and one JADU are allowed under the following requirements: (1) the ADU or JADU may be located within the proposed space of a one-family dwelling or an accessory building if the accessory building is not expanded more than 150 square feet to accommodate ingress and egress; (2) the unit has exterior access from the Primary Residence; (3) the side and rear setbacks are sufficient for fire and safety; and (4) the JADU complies with all other requirements of the code. If the Primary Residence is a one-family dwelling, one detached ADU is allowed under the following requirements: (1) minimum 4- foot side and rear yard setbacks; (2) a maximum square footage of 850 square feet if the ADU has fewer than two bedrooms, or a maximum square footage of 1,200 square feet if two bedrooms; and (3) a maximum height of 16 feet. No more than two bedrooms are allowed. Only one JADU is permitted per lot under any circumstances.

If the Primary Residence is a multiple dwelling: (1) a maximum of two detached ADUs may be constructed on lots which contain or are proposed to be developed with a multiple dwelling, provided that any detached ADU is limited to 16 feet in height and meets 4-foot side and rear yard setbacks; (2) within an existing multiple dwelling structure, an ADU may be converted from areas not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements or garages— at least one ADU conversion and up to 25 percent of the existing units within the multiple dwelling structure, is permitted provided such units comply with applicable building and fire code requirements; and (3) JADUs are not permitted on lots with multiple dwellings. • Size (18.31.050)—The maximum size of a detached ADU with fewer than two bedrooms shall be no greater than 850 square feet, or with two bedrooms shall be no greater than 1,200 square feet. No more than two bedrooms are allowed. The size of an attached ADU shall be no greater than 50 percent of the size of the Primary Residence (excluding garages or non-inhabited accessory buildings), with the same maximum size restrictions as a detached ADU. The conversion of an existing accessory building or a portion of the existing Primary Residence to an ADU is not subject to size requirements. A JADU may not exceed 500 square feet in size. The minimum size for an ADU or JADU is 150 square feet (in accordance with Health and Safety Code Section 17958.1). • Setbacks (18.31.060) —The conversion of a legally permitted garage structure to an ADU is not subject to setbacks. A new ADU shall comply with the front setbacks in the zone which the unit is located; side and rear setbacks are 4 feet for any ADU that is attached, detached or constructed above the garage. A building separation of 5 feet, measured from eave to eave, must be maintained between an ADU and all other buildings or structures on the lot.

No front yard setback is required for ADUs that are constructed in the same location and to the same dimensions as an existing building.
• Height (18.31.070)—The height of an ADU or JADU shall not exceed one story or 16 feet to the proposed peak of roof. An ADU may be permitted as a second story of the Primary Residence or above a detached accessory building such as a garage or guesthouse. A second story ADU shall be no greater than 16 feet in height as measured from the existing first floor ceiling to the peak of roof.
• Parking (18.31.080) —One additional covered or uncovered parking space is required on the lot on which an ADU is located, which may be a tandem space. The one additional space is in addition to any parking spaces required for the Primary Residence. Parking located 3 10/04/2022 PH 1 Page 82 of 119

within setbacks and tandem spaces may be denied if the Building Official determines that parking in those areas is unsafe due to specific site or regional topographical or fire and life safety conditions.

Replacement Parking is required for any uncovered parking spaces that are eliminated with construction of a new ADU. Covered parking that is eliminated with construction of a new ADU does not have to be replaced. Covered parking that is lost to a new JADU built within an attached garage does not have to be replaced.

Parking is not required for an ADU if any of the following conditions are met: (1) the unit is located within one-half mile walking distance of public transit; (2) the ADU is located within an architecturally and historically significant historic district; (3) the ADU is part of(contained within) the footprint of the Primary Residence or an accessory building; (4) on-street parking permits are required but not offered to the occupant of the ADU; or (5) there is a car share vehicle within one block of the unit.
• Architectural Consistency (18.31.090) —ADUs, attached or detached, and JADUs shall incorporate the same architectural features, building materials, and color as the Primary Residence. These features shall include, but are not limited to, roofing material, roof design, fascia, exterior building finish, color, exterior doors and windows including, but not limited to, ratios of window dimensions (i.e., width to height) and window area to wall area, garage door, and architectural enhancements. However, compliance with these requirements may not preclude the development of an ADU or JADU that is consistent with State law. • Requirements for JADUs (18.31.100) —The owner of the Primary Residence shall occupy either the Primary Residence or the ADU. The JADU cannot be sold or conveyed separately from the Primary Residence. The JADU shall maintain a separate entrance from the main entrance of the existing or proposed Primary Residence. The unit must have an efficiency kitchen including a cooking facility with appliances, a food preparation counter and storage cabinets of reasonable size in relation to the size of the JADU. Minimum rental term for a JADU shall be no less than 30 consecutive days. A deed restriction is required for a JADU to ensure compliance with these requirements.
• Fees (18.31.110) — Development impact fees do not apply to an ADU that is 750 square feet or less in size. ADUs that are greater than 750 square feet in size shall pay development impact fees proportionately in relation to the Primary Residence square footage. School impact fees apply to all ADUs greater than 500 square feet in size if levied by the school district. City impact fees are waived for any unit that is deed restricted as affordable at low income (80% of area median income) or lower, or for a family member or caregiver providing regular care to an occupant of the Primary Residence or the ADU. • Submittal Requirements (18.31.120)— New submittal requirements are codified to require a site plan, floor plan and architectural elevations, at minimum. The application requirements further stipulate that an application for an ADU or JADU shall be reviewed and approved ministerially within 60 days of submittal. An application for ADU or JADU may also be processed concurrently with a new Primary Residence.

Residential Density Bonus. The proposed project would amend Chapter 18.90 of the Development Code related to Residential Density Bonus. The proposed revisions add to and/or modify the purpose and intent of the regulations, definitions, eligibility to receive density bonus and concessions and/or waivers, amount of density bonus, number of incentives and 4 10/04/2022 PH 1 Page 83 of 119

concessions and/or waivers or reduction of development standards, supplemental density bonuses and concessions, application process, decisions, findings and conditions, and regulation, parking, interpretation, and enforcement, as further described below. The proposed code revisions are included in the draft Ordinance included as Exhibits C (clean version) and D (redlined version).
• Purpose and Intent (18.90.010)— Minor revisions to this section add the category of extremely low-income households and reference consistency with State law. • Definitions (18.90.020) — Multiple definitions are added and modified to reflect the changes in State Density Bonus Law. The definition of"Adjusted for Family Size Appropriate for the Unit" is amended to reflect the number of persons per household dependent on the number of bedrooms in the unit. "Affordability Period" is amended to reflect an affordability period of 55 years for privately or publicly financed units that are for rent, or 45 years for privately financed units that are for-sale. "Affordable Rent" is amended to add the categories of extremely low and very low income households and what the appropriate percentage of household income is for these categories, as well as establishing the level of affordable rent for each category. "Affordable Housing Cost" is amended is amended to add the category of extremely low income households, what the appropriate percentage of household income is for the different levels of affordability, and the level of affordable housing cost for each category. "Affordable Unit" is amended to add the category of extremely low income households. "Concession" is amended to clarify that a concession may be granted for an affordable housing project dependent upon the nature of the request, and what possible concessions may include. "Density Bonus" is amended to reflect the changes to this ordinance in accordance with the most recent State legislation, which may exceed a 35 percent density bonus. A definition for"Extremely Low Income Household" is added which clarifies the level of affordability as determined by the State Department of Housing and Community Development (HCD). A definition for"Major Transit Stop" is added to clarify it includes an existing rail transit station, ferry terminal, or the intersection of two or more bus routes with a service interval of 15 minutes or less. A new definition for "Paratransit Services" is added to address specific transportation options for people with disabilities who are unable to use fixed route bus or rail system services. "Senior Citizen Housing Development" is amended to clarify it applies to projects for people that are 55 years or older. A definition of"Waiver or Reduction of Development Standards" is added to clarify this includes any request to waive or reduce development standards that would prevent a project from being built at the density allowed under State Density Bonus Law. • Eligibility to Receive Density Bonus and Concessions and/or Waivers (18.90.030)— Revisions are made to reflect the eligibility of Density Bonus for both rental and for-sale units, as well as new categories of eligibility in accordance with State Density Bonus Law.

These include senior citizen housing developments, mobile home parks, 100 percent affordable projects, affordable housing for transitional foster youth, disabled veterans, or homeless persons, and student housing under specified circumstances. • Amount of Density Bonus (18.90.040) —This section is amended to clarify that the amount of Density Bonus for eligible projects shall be consistent with State Density Bonus Law. A density bonus may increase a project's density anywhere from 5 percent up to 80 percent of the allowable density dependent on the percentage and type of affordable units provided in a project. Aggregation Rules are revised to clarify when Density Bonuses may be aggregated with a qualifying land dedication. Maximum Allowable Residential Density is 5 10/04/2022 PH 1 Page 84 of 119

amended to establish that maximum density is based upon zoning and clarifies that the maximum permissible number of dwelling units that can be developed, not the number of lots, is used to calculate the percentage of eligible Density Bonus. • Number of Incentives and Concessions and/or Waivers or Reduction of Development Standards (18.90.050) — Revisions are made to clarify that eligible Density Bonus projects may receive incentives or concessions, as well as the number of incentives that may be granted based on the level of affordable units provided. A 100 percent affordable project is eligible for up to four incentives or concessions, and if within one-half mile of a major transit stop, can receive a building height increase of up to three additional stories, or 33 feet.

Language is added to address the types of available incentives or concessions available to a Density Bonus project, which can include a reduction in site development standards such as site coverage, building height, off-street parking, reduced lot dimensions, setbacks, or other standards which would reduce project costs. In addition, mixed use zoning may be established if the non-residential portion of the project would reduce the cost of the housing development. Language is added to clarify that senior citizen housing projects with no affordable units do not qualify for incentives or concessions. Revisions are made to establish that additional incentives or concessions (in addition to those identified above) may be granted to projects under certain circumstances. Finally, a new subsection is added to address Waivers or Reduction of Development Standards to clarify that any development standard may be waived or reduced that would physically prevent a project from being developed at the density permitted under State Density Bonus Law. • Supplemental Density Bonus and Concessions (18.90.060) — Minor revisions are made to clarify that the maximum allowable Density Bonus is no longer limited to 35 percent. • Application Process (18.90.070) — Minor revisions are made to clarify that a Density Bonus project is eligible for incentives and waivers in addition to concessions under State Density Bonus Law. In addition, revisions are made to reflect that the City may request additional information for a project where waivers or concessions appear to contradict City goals or result in adverse impacts, but that the project applicant is not responsible for the cost of such review.
• Decision, Findings, Conditions (18.90.080)— Revisions are made to clarify what findings must be made by the City to deny any requested incentives, concessions or waivers. • Regulation, Parking, Interpretation, Enforcement (18.90.100) — Revisions are made to clarify when parking reductions must be granted and what the minimum parking requirements are for eligible Density Bonus projects based upon unit type. The local jurisdiction may not require parking that exceeds the following: one space per unit for studio or one-bedroom units; one and one-half spaces per unit for two- to three-bedroom units; two and one-half spaces per unit for four or more-bedroom units. Parking calculations must be rounded up to the nearest whole number. Application of these parking standards is not counted as an incentive or concession for an eligible project. An applicant may request additional parking incentives beyond those identified (within this section). On-site parking may be provided through uncovered or tandem spaces on the site but may not include on-street parking. A section is also added addressing Special Parking Requirements, which establishes parking for specified project types as follows: 0.5 spaces per unit for projects with at least 11 percent very low income, 20 percent lower income, or 40 percent moderate income units within one- half mile of a major transit stop; and no onsite parking (zero spaces per unit) is required for 6 10/04/2022 PH 1 Page 85 of 119

rental projects that are 100 percent affordable at lower income within one-half mile of a major transit stop, rental senior or special needs projects that are 100 percent affordable at lower income with paratransit services within one-half mile of an accessible bus route, or rental supportive housing developments that are 100 percent affordable for lower income households.

Senate Bill 9 (SB 9). SB 9 is State legislation that was signed into law in 2021 and became effective on January 1, 2022. SB 9 allows for "urban lot splits" which permits a property owner in any single-family residential zone to split a lot into two parcels regardless of minimum lot size under certain circumstances. In addition, SB 9 permits a property owner in any single-family residential zone to develop a "two-unit residential development" on any lot regardless of applicable zoning standards, again under certain circumstances. Such approvals must be granted ministerially and may not be conditioned as historically required.

Staff developed new standards for the implementation of SB 9, which are codified in proposed Chapter 17.86, Urban Lot Splits, and Chapter 18.96, Two-Unit Residential Developments. Staff further recommends a new Chapter 18.71, Zoning Clearance, for the ministerial review of these applications, which is discussed below. The proposed regulations for Urban Lot Splits and Two- Unit Residential Developments are described below. The proposed code requirements to implement SB 9 are included in the draft Ordinance included as Exhibit E.

Development Code Chapter 17.86, Urban Lot Splits. This new Development Code Chapter is introduced to implement the provisions of SB 9 for two-lot subdivisions. The sections included within Chapter 17.86 are summarized below.
o Purpose and Intent (17.86.010)— This chapter establishes standards for urban lot splits as specified by California Government Code Section 66411.7 and clarifies that these requirements supersede other sections of the Development Code (in titles 17 and 18) for qualifying projects, but do not override restrictions included in CC&Rs of a common interest development.
o Applicability (17.86.020)— Clarifies that these standards apply to voluntary applications for urban lot splits and that property owners may still exercise rights afforded by the Development Code or other State laws.
o Definitions (17.86.030) —Several new definitions are added that apply directly to urban lot splits or reference existing definitions in titles 17 and 18 of the Development Code. An "Urban Lot Split" means a ministerial application for a parcel map to subdivide an existing legal parcel located within a single-family residential zone into two legal parcels, as authorized by Section 66411.7 of the California Government Code. o General Eligibility (17.86.040) —An urban lot split may only be created on lots satisfying the following requirements: (1) a parcel that is located within a single-family residential zone (i.e., R-1-B, R-1 or E-1 zones, or specific plan areas that allow one-family dwellings by right); (2) a parcel that was legally created; (3) a parcel that is not designated Prime Farmland or Farmland of Statewide Importance as determined by U.S. Department of Agriculture; (4) a parcel that is not designated as wetlands as determined by U.S. Fish and Wildlife Service; (5) a parcel that is not located within a Very High Fire Hazard Severity Zone as determined by the California Department of Forestry and Fire Protection; (6) a parcel that is not identified as hazardous waste site as designated by the State Department of Public Health, State Water Resources Control Board or California Department of Toxic Substances 7 10/04/2022 PH 1 Page 86 of 119

Control; (7) a parcel that is not located within a delineated earthquake fault zone as designated by the State Geologist; (8) a parcel that is not located within a Special Flood Hazard Area as designated by the Federal Emergency Management Agency (FEMA); (9) a parcel that is not located within a Regulatory Floodway as designated by FEMA; (10) a parcel that is not identified for conservation in an adopted Natural Communities Conservation Plan; (11) a parcel that is not identified as habitat for protected species as designated by the federal Endangered Species Act (ESA) or the California ESA; and (12) a parcel that is not located on lands under a conservation easement. o Urban Lot Splits - Subdivision Standards (17.86.050) —Objective standards are provided which supersede any other standards included in titles 17 and 18 of the Development Code, or any applicable specific plan. An urban lot split must comply with the following objective subdivision standards.
o Allowable Lot Types —any parcel meeting the eligibility requirements of 17.86.040 (above) may be approved for an urban lot split irrespective of its current configuration.

Through lots may not be created unless vehicular access rights are established to a public or private street.
o Flag Lots —The access corridor of a lot must be part of the parcel, not as an easement over an adjacent parcel, and must have a minimum 20-foot-wide frontage on the street serving the parcel.
o Lot Lines —The side lines of all lots must be at right angles to streets or radial to the centerline of curved streets.
o Minimum Lot Size — Each new parcel shall be approximately equal in lot area provided that one parcel shall not be smaller than 40 percent of the other parcel created by the urban lot split. No new parcel shall be smaller than 1,200 square feet. The minimum lot area for a flag lot shall be exclusive of any access corridor. o Minimum Lot Width — Each new parcel shall have a minimum lot width of 25 feet. The calculation for a flag lot shall exclude the access corridor. o Minimum Street Frontage — Each new parcel shall have frontage along a public or private street with a minimum dimension of 25 feet, or 20 feet for a flag lot. o Number of Lots—The urban lot split shall create no more than two new parcels. o Parking —One off-street parking space is required per primary dwelling unit. No parking is required if the parcel is located within one-half mile walking distance of public transportation or within one block of a car share vehicle. "Public transportation" is defined as a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours, or a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
o Existing Structures and Setbacks— Existing structures located on a parcel with an urban lot split shall not be subject to a setback requirement. However, any such existing structures shall not be located across any shared property line. Applicable setbacks are provided below under the Two Unit Residential Development standards. o Utility Connections to Existing Structures—Any existing structures located on new parcels created from an urban lot split shall be independently connected to all required utilities prior to recordation of a parcel map.
o Grading —A grading and drainage plan prepared by a registered civil engineer shall be required for any urban lot split meeting the permit requirements identified in Vista Development Code Section 17.56.060 (i.e., the Grading Ordinance). 8 10/04/2022 PH 1 Page 87 of 119

o Urban Lot Splits -General Requirements and Restrictions (17.86.060) -The following requirements and restrictions apply to all urban lot splits. o Adjacent Parcels - Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to create an adjacent parcel.
o Dedication and Easements -The City may not require dedications of right-of-way nor the construction of off-site improvements. Easements may be required for necessary public services and facilities, or to ensure such lots have access to the public right-of- way.
o Short-Term Rentals - Leases for durations of 30 days or less, including short-term rentals are prohibited. A deed restriction is required documenting this requirement prior to issuance of a building permit.
o Intent to Occupy-The applicant shall sign an affidavit attesting that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split. The affidavit shall be recorded on the title of the parcel concurrently with recordation of the parcel map. o Non-Conforming Zoning Conditions -The City shall not require the correction of non- conforming zoning conditions. Notwithstanding the foregoing, no new non-conforming conditions may result from the urban lot split.
o Number of Units. No parcel created through an urban lot split shall be allowed to include more than two dwelling units. Any excess dwelling units that do not meet this standard shall be relocated, demolished, or otherwise removed prior to approval. o Prior Subdivision -A parcel created through a prior urban lot split may not be further subdivided. The subdivider must sign a covenant documenting this restriction. o Restrictions on Demolition. The proposed urban lot split shall not require the demolition or alteration of any of the following types of housing:
- Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons of moderate, low or very low income. - Housing that is subject to any form of rent or price control. - Housing that has been occupied by a tenant in the past three years. o Owner's Rights-The parcel subject to the urban lot split shall not be a parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. o Stormwater Management-The urban lot split shall comply with the requirements of the City's storm water permit, including, but not limited to, submittal of a grading and drainage plan prepared by a registered civil engineer.
o Utility Providers. The requirements of the parcel's utility providers shall be satisfied prior to recordation of a parcel map.
o Urban Lot Splits -Approval Process (17.86.070) -Applications for urban lot splits shall be submitted and processed in compliance with the following requirements. o Application Type -An urban lot split is reviewed by City staff as a ministerial application for a parcel map. A tentative parcel map is not required. o Concurrent Submittal -A parcel map for an urban lot split may not be approved except in conjunction with a concurrently submitted application for a zoning clearance pursuant to Chapter 18.71 of the Zoning Code-the Zoning Clearance process is described below.
o Application Filing -An application for a parcel map for an urban lot split, including any application materials and fees applicable to the City's ministerial application review, shall 9 10/04/2022 PH 1 Page 88 of 119

be filed with the Community Development Department. Development of the resulting parcels is limited to the proposed housing development approved by the zoning clearance.
o Referral —The City Engineer shall refer the parcel map application to the Community Development Director, Fire Chief, and utility agencies for review prior to recordation. o Application of Objective Standards—The City Engineer may not impose objective zoning standards, objective subdivision standards, or objective design review standards that would have the effect of physically precluding the construction of up to two primary dwelling units on either of the resulting parcels or that would result in a unit being a size of less than 800 square feet.
o Denial —The City Engineer may deny an application for an urban lot split that meets the requirements and restrictions of this chapter only if the Building Official makes a written finding, based upon a preponderance of evidence, that the proposed housing development located on the proposed new parcels would have a specific, adverse impact (as defined and determined in California Government Code Section 65589.5(d)(2)), upon public safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. o Appeals —A decision of the City Engineer on a parcel map for an urban lot split is a ministerial action and is not appealable.

Development Code Chapter 18.96, Two-Unit Housing Developments. This new Development Code Chapter is introduced to implement the provisions of SB 9 for two-unit housing developments. The sections included within Chapter 18.96 are summarized below. o Purpose and Intent (18.96.010)— This chapter establishes standards for two-unit housing developments as specified by California Government Code Section 65852.21 and clarifies that these requirements supersede other sections of the Development Code (in titles 17 and 18) for qualifying projects, but do not override restrictions included in CC&Rs of a common interest development.
o Applicability (18.96.020)— Clarifies that these standards apply to voluntary applications for two-unit housing developments and that property owners may still exercise rights afforded by the Development Code or other State laws.
o Definitions (18.96.030) — Several new definitions are added that apply directly to two-unit housing developments or reference existing definitions in titles 17 and 18 of the Development Code. A "Two Unit Housing Development" means a development with no more than two primary dwelling units on a single parcel located within a single-family residential zone as authorized by Section 65852.21 of the California Government Code. • General Eligibility (18.96.040) — Eligibility for a two-unit housing development is identical to the eligibility requirements for an urban lot split, as summarized in section 17.86.040 above. • Two-Unit Housing Developments - Zoning Standards (18.96.050)—Objective standards are provided which supersede any other zoning standards included in the Development Code, or any applicable specific plan. Two-unit housing developments shall be constructed in accordance with the following objective zoning standards, except as provided in Section

18.96.080.D (below).
o Air Conditioning Units —Air conditioning units and similar equipment such as generators, heating, and ventilation equipment shall be ground mounted, screened from public view, and set back at least three feet from the property line. 10 10/04/2022 PH 1 Page 89 of 119

o Building Height- No building or structure shall exceed two stories or 35 feet, whichever is less.
o Driveways - Each parcel shall include a single driveway satisfying the following requirements:
- A minimum width of 16 feet. The driveway shall be unobstructed from the public street to the residential building.
- A minimum depth of 20 feet measured from the front property line. - Entirely paved with concrete or pavers meeting Fire Department specifications as applicable. All other surfacing materials, including but not limited to gravel, decomposed granite, and asphalt are prohibited, as are circular driveways. - Only a single driveway curb cut shall be permitted per parcel. o Fences and Walls -All fencing and walls shall comply with Section 18.58.370 of the Zoning Code.
o Front Yard Paving - No more than 50 percent of the front yard setback area shall be paved, inclusive of driveways and walkways, irrespective of the permeability of the paving materials.
o Grading -A grading and drainage plan prepared by a registered civil engineer shall be required for any urban lot split meeting the permit requirements identified in Vista Development Code Section 17.56.060 (i.e., the Grading Ordinance). o Landscaping Requirement- Street trees shall be provided on each parcel and slope areas exceeding a slope ratio of 4:1 shall be landscaped, as follows:
- Street Trees. Street trees shall be provided along any public or private street fronting the parcel according to the following standards:
■ Street trees shall be spaced at 25 to 35 feet on center. ■ A minimum tree size of 24-inch box shall be required. ■ The selected street tree species shall be uniform throughout the site and shall match street trees that may be adjacent to the site. Street trees may not be invasive species as specified in the California Invasive Plant Council (Cal-IPC) Inventory.
■ Root barriers shall be provided for all street trees. - Slope Landscaping - Slope areas with a slope ratio of 4:1 or greater shall be landscaped as follows:
■ One 15-gallon tree per 500 square feet and one 5-gallon tree per 1,000 square feet.
■ One 1-gallon shrub per 100 square feet and one 5-gallon shrub per 200 square feet.
■ Groundcover shall be planted from liners or flats at 12 inches on center or 1 gallon at 24 inches on center.
■ Reinforced straw matting shall be used for erosion control purposes, or as specified in an approved grading and drainage plan. Approved erosion control materials shall cover all slope areas prior to planting. o Lighting - New exterior lighting fixtures shall be down shielded and oriented away from adjoining properties.
o Lot Coverage -The minimum lot coverage shall be determined as follows: all main buildings and accessory buildings and structures and any areas used for required driveway, private alleys or required parking space shall not cover more than 60 percent of the area of the lot or building site. For purposes of this section, "lot coverage" shall be considered to include all porches, balconies, breezeways, patio roofs, eaves and awnings. Lot coverage shall not include fences, walls, uncovered patio slabs or uncovered swimming pools.
11 10/04/2022 PH 1 Page 90 of 119

o Parking —One off-street parking space per primary dwelling unit, with minimum dimensions of 9 feet in width by 19 feet in depth and that is located on a paved or all- weather surface shall be required. Notwithstanding the foregoing, no parking shall be required if the parcel is located within one-half mile walking distance of Public Transportation, or within one block of a car share vehicle. o Setbacks. Two-unit housing developments shall be subject to the setback and building separation requirements of Table 1-1 (Setback Requirements) below.

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

1. Building structure projections are permitted within property line setbacks in accordance with Section 18.58.290 of the Zoning Code.

2. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as the existing structure.

3. Front setbacks on roadways included in the Circulation Element of the General Plan shall be measured from ultimate the right-of-way of the roadway, as specified in the Circulation Element.

4. A lack of separation between buildings shall not be used to deny an application provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
• Two-Unit Housing Developments - Design Review Standards (18.96.060)— Objective design review standards apply to the construction of any new primary dwelling units and to any addition and/or alteration to an existing primary dwelling unit as part of a two-unit housing development, except as provided in Section 18.96.080.D. o Building Materials—The primary exterior siding material for primary dwelling units shall be wood, stone, brick, stucco, fiber cement, or composite wood. Plywood and corrugated metal are prohibited as a finish material.
o Building Colors — Each primary dwelling unit shall incorporate at least two colors, inclusive of trim, but not more than four colors. Paint shall be uniformly applied to wall surfaces and no more than one paint color shall be applied per wall (exclusive of trim). o Foundation — Each primary dwelling unit shall be placed on a permanent foundation. No wheeled, mobile, or movable structures are permitted as dwelling units. o Roof Materials — No more than one roofing material shall be used, limited to asphalt composite shingles, photovoltaic shingles, standing seam metal, clay tile, concrete tile, and slate shingles. All other roofing materials are prohibited. o Rooftop Decks — Rooftop terraces or decks are prohibited. o Stairways — Exterior stairways are prohibited. Stairways necessary to access a dwelling unit located on a second floor shall be entirely enclosed within the structure and included within the allowable floor area of the dwelling unit which it serves. 12 10/04/2022 PH 1 Page 91 of 119

o Windows-Window materials and colors shall be consistent on all elevations. o Utilities - Gas and electric meters and connections to gas and electric meters (e.g., connections to rooftop solar panels) shall be located on exterior sidewalls adjacent to interior side property lines.
• Two-Unit Housing Developments- General Requirements and Restrictions (18.96.070) - o Accessory Dwelling Units and Junior Accessory Dwelling Units -The following number and type of dwelling units are allowed:
- No more than two total units on each parcel, including accessory dwelling units and junior accessory dwelling units that accompany a primary dwelling unit, shall be allowed on parcels that have been created by an urban lot split pursuant to state law and Chapter 17.86 of this code.
- No more than four dwelling units on a parcel, including accessory dwelling units and junior accessory dwelling units that accompany a primary dwelling unit, shall be allowed on a parcel that has solely utilized the two-unit housing development provisions pursuant to state law and this chapter.
- No accessory dwelling unit or junior accessory dwelling unit shall be allowed on parcels that are developed using both the two-unit housing development and urban lot split provisions pursuant to State law, this chapter and Chapter 17.86 of the Development Code.
o Dwelling Unit Type -The primary dwelling units may take the form of detached single- family dwellings, attached townhomes, and/or duplexes. A duplex may consist of two dwelling units in a side-by-side or front-to-back configuration within the same structure or one dwelling unit located atop of another dwelling unit within the same structure. o Building and Fire Codes-The International Building Code (Building Code) and the 2019 California Fire Code and the 2018 International Fire Code (together, Fire Code) apply to all two-unit housing developments.
o Storm Water Management-Storm water runoff from impervious surfaces shall be directed to vegetated areas on the parcel and shall not drain onto adjacent parcels as specified by Chapter 13.18 of this code (Storm Water Management and Discharge Control Program), and as demonstrated by a drainage and grading plan prepared by a registered civil engineer.
o Water Meter(s) and Sewer Cleanout(s)- Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated and/or installed on the parcel containing the units they serve.
o Encroachment Permit-Separate encroachment permit(s) for the installation of utilities to serve a two-unit housing development shall be required. Applicants shall apply for and pay all necessary fees for encroachment permits to accommodate any utility connections in the public right-of-way including, but not limited to sanitary sewer, gas, water and electrical utilities.
o Impact Fees -The following development impact fees shall be paid prior to issuance of a building permit, unless otherwise specified.
- Drainage Fee -A fee for planned local drainage facilities pursuant to Vista Development Code Chapter 17.40 (Drainage Fees).
- Fire Protection Development Fee -A fee for future fire protection facilities pursuant to Vista Development Code Chapter 17.60 (Development Impact Fees). - Park Fee-A fee in-lieu of parkland dedication pursuant to Vista Development Code Chapter 17.32 (Park and Recreational Dedications) shall be paid prior to recordation of the parcel map.
- Public Facilities Fee -A fee for future public facilities pursuant to Vista Development Code Chapter 17.60 (Development Impact Fees). 13 10/04/2022 PH 1 Page 92 of 119

- School Fee -Applicable school fees shall be paid to the Vista Unified School District pursuant to California Education Code Section 17620 and California Government Code Section 65995.
- Sewer Fee-A sewer capacity charge pursuant to Vista Municipal Code Chapter

14.06 (Sewer Capacity Charge).
- Streets and Signal Development Impact Fee-A fee for future street and traffic signal improvements pursuant to Development Code Chapter 17.60 (Development Impact Fees).
o Restrictions on Demolition -Two-unit housing developments shall not require demolition or alteration of any of the following types of housing, except as otherwise provided in this subsection:
- Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons of moderate, low or very low income. - Housing that is subject to any form of rent or price control through a public entity's valid exercise of police power.
- Housing that has been occupied by a tenant in the past three years. Housing with no tenants in the past three years is limited to demolition of 25 percent of walls. o Owner's Rights -The parcel subject to the is not a parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
o Short-Term Rentals- Leases for durations of 30 days or less, including short-term rentals are prohibited for dwelling units in two-unit housing developments. The Community Development Director shall require recordation of a deed restriction documenting this requirement prior to issuance of a building permit for a two-unit housing development.
o Subdivision and Sales - Except for the allowance for an urban lot split or a subdivision that is otherwise permitted under the Subdivision Map Act (California Government Code Section 66410 et seq) and Title 17 of this code, no subdivision of land or air rights is created in association with a two-unit housing development, including creation of a stock cooperative or similar common interest ownership arrangement. A parcel developed solely utilizing the two-unit housing development provisions under this chapter is prohibited from selling or otherwise conveying a single primary dwelling unit separate from the other primary dwelling unit.
• Two-Unit Housing Developments -Approval Process (18.96.080) -Applications for two-unit housing developments shall be submitted and processed in compliance with the following requirements.
o Application Type -Two-unit housing developments shall be reviewed ministerially by the Community Development Director through consideration of a zoning clearance in compliance with Chapter 18.71 the Zoning Code. The zoning clearance process is described below.
o Application Filing -A zoning clearance application for a two-unit housing development, including the required application materials and fees, shall be filed with the Community Development Department.
o Building Permits- Issuance of a zoning clearance shall be required prior to acceptance of an application for building permits for the new and/or altered primary dwelling units comprising the two-unit housing development.
o Application of Objective Standards- Pursuant to California Government Code Section 65852.21(b)(2), the Community Development Director shall not impose objective zoning 14 10/04/2022 PH 1 Page 93 of 119

standards, objective subdivision standards, or objective design review standards that would have the effect of physically precluding the construction of up to two primary dwelling units on either of the resulting parcels or that would result in a unit being a size of less than 800 square feet.
o Denial -The Community Development Director may deny a two-unit housing development project that meets the requirements and restrictions of this chapter only if the Building Official makes a written finding, based upon a preponderance of evidence, that the two-unit housing development would have a specific, adverse impact, as defined and determined in California Government Code Section 65589.5(d)(2), upon public safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. o Appeals -As specified in Section 18.71.040 of the Zoning Code, zoning clearances are ministerial and are not appealable.

Development Code Chapter 18.71, Zoning Clearance. This new Development Code Chapter is introduced to implement a ministerial approval process for Urban Lot Splits and Two-Unit Housing Developments, as established under SB 9. The zoning clearance process recommended below mimics the process historically followed by staff for the review of building permit applications at the time of submittal. The sections included within Chapter 18.71 are summarized below.
• Purpose of Chapter (18.71.010)-A zoning clearance is a ministerial permit that is used by the Community Development Department to verify that a proposed structure or land use activity complies with the list of activities allowed in the applicable zoning district, the development standards applicable to each type of use, and any conditions of approval for permits previously issued for the subject site.
• Applicability/Clearance Required (18.71.020)-A zoning clearance shall be required as part of the Community Development Department's review of any two-unit housing development under Chapter 18.96 of this code, urban lot split under Chapter 17.86 of this code, or other authorization as required by the Municipal Code or Development Code for the proposed use.
• Procedure (18.71.030) -
o Application Filing -A zoning clearance application, including the required application materials and fees, shall be filed with the Community Development Department. Filing requirements shall be prescribed by the Community Development Director. o Community Development Director's Action -
- The Community Development Director or their designee shall issue a zoning clearance if the application complies with all standards and provisions of the Zoning code for the category of use applicable to the subject parcel. - The zoning clearance may take the form of an authorized signature on the project application or on an approved set of plans, or a stamp affixed to an application or set of plans.
o On-Site Inspections -
- When not required -An on-site inspection shall not be conducted for zoning clearances for two-unit housing developments, urban lot splits, or for any other project for which the submitted application materials clearly comply with the Zoning Code, as determined by the Community Development Director. - When may be required -An on-site inspection may be conducted by the Community Development Director or their designee for projects that do not 15 10/04/2022 PH 1 Page 94 of 119

clearly comply with the Zoning Code, as determined by the Community Development Director.
• Post Decision Procedures (18.71.040)—Zoning Clearances are ministerial and are not appealable.

Objective Design Standards. SB 330 requires local jurisdictions adopt objective design standards for the review of eligible residential and mixed-use developments, among other requirements. Eligible projects under the law comprise multi-family housing projects with two or more units, or mixed-use projects with two-thirds or more of the project dedicated to residential use. The City is limited to the application of these objective standards in the review of any eligible multi-family residential or mixed-use project. Objective standards are intended to involve no personal or subjective judgment by a public official. Staff has drafted objective design standards for this purpose, which are included as Exhibit F, and are summarized below. • Site Design — Site design refers to the arrangement of, and relationship to, buildings, parking areas, common and restricted open space, landscaping and pedestrian connections. Recommended site design standards address vehicular parking and access, pedestrian circulation and access, common usable open space, private usable open space, and landscaping.
• Building Design — Building design incorporating variations in form, massing, and fagade articulation provides human scale and visual interest to a building and delineates individual units or groups of units. Building design standards address building form, massing, and articulation; common building and site entries; individual unit entry; windows and doors; and materials and colors.
• Mixed-use Standards — Mixed-use standards address ground floor transparency, street- facing setbacks, street-facing entry, and common and private usable open space. • Utilitarian Elements — Utilitarian elements address bicycle parking; trash, recycling, and green waste container enclosures; fences and walls; lighting; equipment and utility screening; vents and exhaust; and downspouts and drains.

II. ANALYSIS
All of the proposed Development Code amendments, as well as the objective design guidelines are recommended to comply with State laws that were enacted between 2017 and 2021. The City has been processing applications in conformance with this legislation since it was passed; however, the recommended code amendments and guidelines would better assist staff and applicants with clear guidance on what standards are to be applied, what processes should be followed, and what level of discretion may be used in the review of eligible projects.

The Planning Commission acts in an advisory capacity to the City Council regarding amendments to the Development Code. Therefore, staff recommends the Planning Commission make a recommendation to the City Council on proposed project. The Commission may include any additional modifications or adjustments to these code sections and/or guidelines in their recommendation to the City Council, provided that any recommended adjustments comply with State law.
16 10/04/2022 PH 1 Page 95 of 119

III. CONCLUSIONS AND REASONS FOR RECOMMENDATION:

Staff is requesting that the Planning Commission recommend City Council approval of ordinances amending the Development Code, as specified herein, and a resolution adopting new Objective Design Standards in conformance with State law.

Respectfully submitted,
John Conley
Community Developme Director
EXHIBITS:

1. Planning Commission Resolution 2022- , recommending City Council approval of ordinances adding chapters 17.86 for Two-Unit Housing Developments, 18.71 for Zoning Clearances, and 18.96 for Urban Lot Splits, amending chapters 18.31 for Accessory Dwelling Units and 18.90 for Residential Density Bonus, and recommending approval of a resolution adopting objective design standards for multi-family residential and mixed-use development, with Exhibits A-F.

A. Draft Ordinance amending Chapter 18.31 of the Vista Development Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units
B. Draft Development Code Chapter 18.31, Accessory Dwelling Units, redline version C. Draft Ordinance amending Chapter 18.90 of the Vista Development Code regarding Residential Density Bonus Requirements
D. Draft Development Code Chapter 18.90, Residential Density Bonus, redline version E. Draft Ordinance adopting requirements for Two-Unit Housing Developments and Urban Lot Splits in Single-Family Residential Zones to implement Senate Bill No. 9, and adopting requirements for a Zoning Clearance process
F. Draft Objective Design Standards
17 10/04/2022 PH 1 Page 96 of 119

Vista Municipal Code
Accessory Dwelling Unit Ordinance
Public Review Draft—August 2022
Chapter 18.31
Accessory Dwelling Units
Sections:

18.31.010 Definitions

18.31.020 Zones

18.31.030 Requirements for an Accessory Dwelling Unit

18.31.040 Number of Accessory Dwelling Units

18.31.0540 Size

18.31.0650 Setbacks Development Standards

18.31.0760 Height Regulation

18.31.0870 Parking

18.31.0980 Architectural Style Consistency

18.31.100M Requirements for a Junior Accessory Dwelling Unit

18.31.11090 Fees

18.31.1200 Submittal Requirements and Application Processing nspee4°^^ ^uthofity Section 18.31.010 Definitions
"Accessory Dwelling Unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the Primary Residence is situated. An accessory dwelling unit (ADU) may take the following forms:
"Attached" means the accessory dwelling unit is attached to the Primary Residence. "Detached" means the accessory dwelling unit is separated from the Primary Residence. "Repurposed Existing Space" means existing space within the Primary Residence (e.g., master bedroom) has been converted into an independent living unit, or an accessory dwelling unit. "Existing Space" for the purpose of defining an allowable space that can be converted to an accessory dwelling unit means within the four walls and roofline of any structure that has been legally permitted and occupied on or-after jaoa„uar 1, 204-7, that can be made safely habitable under local building codes at the determination of the Building Official regardless of any noncompliance with zoning standards.
"Junior Accessory Dwelling Unit" means a unit that is no more than 500 square feet in size and contained entirely within an existing one-family dwelling. A junior accessory dwelling unit (JADU) may include separate sanitation facilities,or may share sanitation facilities with the existing structure. "Primary Residence" means the first existing dwelling structure erected on a parcel used exclusively for residential purposes. A Primary Residence may be a one-family dwelling or multiple dwelling.
"Public Transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2017-17, Amended, 10/24/17; Ord. No. 2019-11, Amended, 08/13/19) Section 18.31.020 Zones
1 10/04/2022 EXHIBIT 7 Page 97 of 119

Vista Municipal Code
Accessory Dwelling Unit Ordinance
Public Review Draft-August 2022
A. An attached or detached accessory dwelling unit or junior accessory dwelling unit is permitted in the following zones: R-1-B, R-1, E-1, A-1, afid-0-R ZORe, R-M and M-U zones, and all areas within specific plans that allow one-family dwellings by right. ev^�,,,+inn ou oreoo ,.,i+hin +he hn„nrtorieo of SPGG'f'G Plan No. 24, the Shadewridge SpeGifiG Plan, and the Vista Business Park SpeGifiG Plan.

B. An accessory dwelling unit located within repurposed existing space is permitted on any lot in a zone that allows one-family or multiple dwellings by right. (Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2017-17, Amended, 10/24/17; Ord. No. 2019-11, Amended, 08/13/19) Section 18.31.030 Requirements for an Accessory Dwelling Unit An accessory dwelling unit shall be permitted provided all of the following standards are met:

A. There must be no more than one existing single family dwelling on the lot for wh'Gh an opplino+inn under this ^hopter is submitted.

B-.A. No zoning or building code violation exists on the lot which the accessory dwelling unit is to be located that is necessary to correct to protect public health and safety, as determined by the City Building Official.

The utility serviGe f9F the ADU must be serviGed through the existing single family �enGe s—
IX.B. The accessory dwelling unit is not intended for sale separate from the Primary Residence, unless sold or conveyed separately to a qualified buyer in compliance with California Government Code Section 65852.26.

C. Minimum rental term of no less than 30 consecutive days.

D. The accessory dwelling unit is located on the same lot as the existing Primary Residence.

F_E. Local building code requirements shall apply to the accessory dwelling unit, as appropriate.

GvF. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the Primary Residence, and may employ alternative me+hells for fire preten+inn.

H-.G The twe „nits must shore the same address. Building addressing and house numbers shall conform to the provisions of Chapter 19.04, Street Names and Building Numbers. The units must share the same address number and additional unit number can be assigned to differentiate the units.

J-.H. The Primary Residence and the Accessory Dwelling Unit ME) Units may be constructed simultaneously, or the primary residence constructed first at all times, provided that all requirements of this chapter are satisfied.

J. As of January 1, 2020, all newly constructed non-manufactured detached accessory dwelling units are subject to the same solar photovoltaic (PV) requirements as new homes. (I)the aGGessery dwelling unit is GGGUpied by an eligible heuseheld during the first ten (10) years following the issuance of the certificate of occupancy for the unit; and (2) the OWReF of the property h- executed and caused the recordation of a regulatory agreement or deed restriGtiGR, iR a fE)FFn approv by the City Attorney, te assure GE)FnplianGe with this paragraph, and SUGh rules as may be neGessary that the unit is eligible to be counted towards the City's regional housing needs assessment. An eligible household shall consist of either(1) a lower income household which has a gross income which do K. All appliGable development impaGt fees fer an aGGessery dwelling unit shall be waived family member OF Garegiver providing regulaF Gape to an owner Or GGGUpant of the primary residenGe need of that GaFe. if the aE;GessE)ry dwelling URit 06 GGGUpied by an eligible household, pursuant to above stipulation, a regulatory agreement shall be eXeGuted and reGOrded PF!GF tE) OGGLIpanGy. ) of the San Diego County median, adjusted by household size; or(2) a 10/04/2022 PH 1 Page 98 of 119

Vista Municipal Code
Accessory Dwelling Unit Ordinance
Public Review Draft—August 2022
(Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2006-22, Amended, 12/12/06; Ord. No. 2007-13, Amended, 8/14/07; Ord. No 2015-7, Amended, 4/28/15; Ord. No. 2017-17, Amended, 10/24/17; Ord. No. 2019-11, Amended, 08/13/19)
Section 18.31.040 Number of Accessory Dwelling Units A. Primary Residence is a One-Ffamily Ddwelling ZORes (R 1 n R 1, E 1

1. One accessory dwelling unit and junior accessory dwelling unit shall be allowed when all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a one-family dwelling or existing space of a one-family dwelling or accessory building, and may include an expansion of not more than 150 square feet beyond the Physical dimensions of the existing accessory building. An expansion beyond the physical dimensions of the existing accessory building shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing one- family dwelling.

C. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with all other junior accessory dwelling requirements outlined in this Ordinance.

2. One detached new construction accessory dwelling unit shall be allowed subject to the following:
a. A minimum 4-foot side and rear yard setbacks.
b. A maximum square footage of 850 square feet in floor area if it has fewer than two bedrooms, or 1,200 square feet in floor area if it has two bedrooms.

C. A height of 16 feet.

3. An accessory dwelling unit constructed under subsection (2) above may be combined to allow a junior accessory dwelling unit in the manner described in subsection (1) above.

4. In accordance with California Government Code Section 65852.22, only one Junior accessory dwelling unit is permitted per lot.

B. Primary Residence is a Multiple dDwelling zones (R K M ),

2. Within an existing multiple dwelling, multiple accessory dwelling units may be converted from areas not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages if each unit complies with applicable fire and building code requirements. At least one such accessory dwelling unit conversion, and up to 25 percent of the existing multiple dwelling units, is permitted under this subsection.

3. Junior accessory dwelling units are not permitted on lots with multiple dwellings.

Section 18.31.0540 Size
0 ) of the size of the primary residenGe, or 1,200 square feet, whiGhever is ess.

DP-taGhed. The maArnurn size of a detaGhed aGGessery dwelling unit shall be 1,200 square feet. if a garage or other non inhabited accessory structu-- -- -------d in conjunction with the accessory dwelling unit, the square footage of the additional accessory structure shall not be counted toward thesquare footage of the aGGessoory dwelling unit. 3 10/04/2022 PH 1 Page 99 of 119

Vista Municipal Code
Accessory Dwelling Unit Ordinance
Public Review Draft—August 2022
A. Maximum Size for Accessory Dwelling Unit. The maximum size of an attached or detached new construction accessory dwelling unit shall be dependent on the Primary Residence on the lot. Any new garage or other non-inhabited accessory building that complies with the provisions of this Title shall not be counted toward the square footage of the accessory dwelling unit.

1. Detached ADU. A detached accessory dwelling unit may not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two bedrooms. No more than two bedrooms are allowed.
4-.2. Attached ADU. May not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two bedrooms. No more than two bedrooms are allowed.

An attached accessory dwelling unit shall not exceed 50 percent of the floor area of the Primary Residence.

3. The conversion of an existing accessory building or a portion of the existing Primary Residence to an Accessory Dwelling Unit is not subject to size requirements.

B. Maximum Size for Junior Accessory Dwelling Units. The maximum size of a junior accessory dwelling unit shall not exceed 500 square feet.

C. Minimum Size for ADUs and JADUs. The total floor area of any attached or detached accessory dwelling unit or a junior accessory dwelling unit shall be of a minimum area of 150 square feet, or as specified in Section 17958.1 of the California Health and Safety Code. (Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2019-11, Amended, 08/13/19) Section 18.31.0650 SetbacksDevelopment Standard
A Garaoe Gon-ersion No sethaGk shall he required for the Genyersion of a leoalhi �.murrvc-�c�qurrc�v�.�cvi-rv-�. vi-r-vr-crTc-G�TY
permitted garage StrUGtUre existing on or after january to an aGGessery dwelling e e
uConverted Space. Notwithstanding subsections B through D, no setbacks shall be required for accessory dwelling units and junior accessory dwelling units permitted under Section 18.31.040.A.1.

B nheye_Garage AGGeSSGFY DWellipr. I dpi+New Accessory Dwelling Unit. The front setback shall comma with that required for the primary residence on the proAproperty. A minimum setback of five (5yfour 4 feet from side and rear lot lines is required for any accessory dwelling unit, attached, detached, or constructed above a garage.
legally permitted, rde#anherd aooesse i building is oonverterd to an anoesse i dwellin unit, n setbaGks are required if 4 is built in the same Iona#inn and to the same rdimepsiops as the existino stFucture, except that up to50 square foot expansion for purposes of accommorrm�dat4nq ini-rg e�� 'ten eoress is allowed
C. Corner Lots. Accessory dwelling units developed on corner lots shall maintain a minimum side street setback of 10 feet from the ultimate street right-of-way line of the street parallel to the side lot line.

D. Building Separation. A minimum separation of five (5)feet, measured from eave to eave, shall be maintained between a detached accessory dwelling unit and all other buildings and structures.
(Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2017-17, Amended, 10/24/17; Ord. No. 2019-11, Amended, 08/13/19)
Section 18.31.0760 Height Regulation
A. The height of an accessory dwelling unit or junior accessory dwelling unit shall not exceed one story, eXGept that a seGend StGFY StrUGtUre may be approved provided it is determined the 4 10/04/2022 PH 1 Page 100 of 119

Vista Municipal Code
Accessory Dwelling Unit Ordinance
Public Review Draft—August 2022
StFUGtUFe is not GUt Of GharaGter with the neighborhood and the existing primary struGture, as measured by 16 feet to the proposed peak of roof.

B. Accessory dwelling units may be permitted as a second story of the primary residence or above a detached accessory building such as a garage or guesthouse. A second story unit shall not exceed 16 feet, asbe measured from the existing first-floor ceiling of the Primary Residence to the proposed peak of roof.

B. The foregoing height regulations shall not apply to accessory dwelling units and junior accessory dwelling units permitted under Section 18.31.040.A.1.

C.
(Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2019-11, Amended, 08/13/19) Section 18.31.0870 Parking
A. New Parking Spaces Provided. One additional covered or uncovered parking space per unit shall be provided for the accessory dwelling unit on the lot on which the accessory dwelling unit is located, and may be provided as tandem parking within the paved driveway, or on a driveway in a side yard or rear yard as permitted in Chapter 18.54, Off-Street Parking and Loading Requirements of the Zoning Code. The one additional parking space is in addition to the minimum number of parking spaces required for residential uses within the zoning district. Parking located in setbacks and tandem driveway parking may be denied if the Building Official makes specific findings that parking in those areas is not feasible based upon specific site or regional topographical or fire and life safety conditions.

E3. Parking is not required for an aGGessery dwelling unit that is IGGated within one half male of p ublin transit or as provided by Government Code Con+inn 65852 `J(d) G. ReplaGernent parking: When a garage, Garport, OF GOVered parking StFUGtUFe is demolished or E;onverted on Genjunction with the GenStrUGtien of an aGGessery dwelling Unit-, replaGement parking shall be IGGated on the sarne lot as the aGGeSSGry dwelling unit On any nonfig urat'on
B. Replacement Parking Spaces.

2. Junior Accessory Dwelling Unit. A new junior accessory dwelling unit created within an attached garage is not required to replace parking spaces.

C. Waived Parking. Parking is not required for an accessory dwelling unit if any of the following conditions are met:

1. Unit is located within one-half mile walking distance of public transit.

2. Unit is located within an architecturally and historically significant historic district.

3. Unit is part of(i.e., contained within)the footprint of the proposed or existing Primary Residence or an accessory building.

4. On-street parking permits are required but not offered to the occupant of the unit.

5. There is a car share vehicle located within one block of the unit. (Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2017-17, Amended, 10/24/17; Ord. No. 2019-11, Amended, 08/13/19) Section 18.31.0980 Architectural Consistency
Accessory dwelling units, attached or detached, and junior accessory dwelling units s#aUare encouraged to incorporate the same architectural features, building materials, and color as the primary residence. These features ehe}-include, but are not limited to, roofing material, roof design, fascia, 5 10/04/2022 PH 1 Page 101 of 119

Vista Municipal Code
Accessory Dwelling Unit Ordinance
Public Review Draft—August 2022
exterior building finish, color, exterior doors and windows including, but not limited to, ratios of window dimensions (i.e., width to height) and window area to wall area, garage door, and architectural enhancements.
(Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2017-17, Repealed, 10/24/17) Section 18.31.100 Requirements for a Junior Accessory Dwelling Unit The requirements and standards of this subsection shall apply to junior accessory dwelling units in compliance with California Government Code Section 65852.22.

A. The owner of the Primary Residence shall occupy either the Primary Residence or the junior accessory dwelling unit.

B. The junior accessory dwelling unit cannot be sold or conveyed separately from the Primary Residence.

C. The junior accessory dwelling unit shall maintain a separate entrance from the main entrance of the existing or proposed primary residence.

D. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include the following: a cooking facility with appliances, and a food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.

E. Minimum rental term shall be no less than 30 consecutive days.

Section 18.31.11090 Fees
A. Accessory dwelling units and junior accessory dwelling units shall be subject to all applicable plan check and inspection fees for the Building Division's review and inspection of the structure, as adopted by the City Council.

B. Development impact fees for sewer or water connections shall not apply to accessory dwelling units_; 750
square feet or less in size. If the unit is more than 750 square feet in size, impact fees shall apply and be calculated proportionately in relation to the primary residence square footage.

C. If levied by the school district, school impact fees shall apply to accessory dwelling units 500 square feet or greater.

E. All applicable development impact fees for an accessory dwelling unit shall be waived if: (1) the accessory dwelling unit is occupied by an eligible household during the first ten (10)years following the issuance of the certificate of occupancy for the unit; and U the owner of the property has executed and caused the recordation of a regulatory agreement or deed restriction, in a form approved by the City Attorney, to assure compliance with this paragraph, and such rules as may be necessary so that the unit is eligible to be counted towards the City's regional housing needs assessment. An eligible household shall consist of either (1) a lower income household which has a gross income which does not exceed 80 percent (80%) of the San Diego County median, adjusted by household size; or(2) a family member or caregiver providing regular care to an owner or occupant of the primary residence in 6 10/04/2022 PH 1 Page 102 of 119

Vista Municipal Code
Accessory Dwelling Unit Ordinance
Public Review Draft—August 2022
need of that care. If the accessory dwelling unit is occupied by an eligible household, pursuant to above stipulation, a regulatory agreement shall be executed and recorded prior to occupancy. (Ord. No. 1993-2, Enacted, 02/23/93; Ord. No. 1994-20, Amended, 12/13/94; Ord. No. 2003-15, Amended, 05/27/03; Ord. No. 2017-17, Amended, 10/24/17; Ord. No. 2019-11, Amended, 08/13/19) Section 18.31.12400 Submittal Requirements and Application Processing InspeGtkmyAmthGft A. Submittal Requirements. An application for an accessory dwelling unit or junior accessory dwelling unit shall include a site plan, floor plan, and elevations.

Vista Municipal Code
Density Bonus Ordinance
Public Review Draft—August 2022
Chapter 18.90
Residential Density Bonus Ordinance
Sections:

18.90.010 Purpose and Intent

18.90.020 Definitions

18.90.030 Eligibility to Receive Density Bonuses and Concessions and/or Waivers

18.90.040 Amount of Density Bonus

18.90.050 Incentives and Concessions and/or Waiver or Reduction of Development Standards

18.90.060 Supplemental Density Bonuses and Concessions

18.90.070 Application Process

18.90.080 Decision, Findings, Conditions

18.90.090 Fees and Cost Reimbursements

18.90.100 Regulation, Parking, Interpretation; Enforcement Section 18.90.010 Purpose and Intent
This chapter implements Government Code Section 65915 et seq. by providing incentives to developers who produce housing for senior households and households with extremely low, very low, low, or moderate incomes. It is intended that density bonuses and concessions provided pursuant to this chapter shall equal but not eXGee J the minims,,,, ron„iro,i pursuant to are consistent with the-state law.
(Ord. No. 2009-16, Enacted, 8/11/09)
Section 18.90.020 Definitions
The following terms, when used in this chapter, shall have the meanings set forth below:
"Adjusted for Household Family Size Appropriate for the Unit"shall shall mean for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit. have the moaning set forth in kHealth and Safety Code Section 50052.5(h)).
"Affordability Period" means a period of time at least 55 doors during which an affordable unit shall be occupied by an eligible household and made available at an affordable rent or affordable sales price. Privately or publicly financed projects that receive a density bonus from the City shall maintain the availability of the designated lower-income rental units for a minimum of 55 years. Privately financed projects that receive a density bonus from the City and include for-sale units shall maintain the availability of any lower-income or moderate-income units for a minimum of 45 ,years. "Affordable Rent" means monthly housing rent, including utilities and all fees for housing services (calculated in accordance with Health and Safety Code Section 50053 and 25 CCR Section 6918), which does not exceed the following:

1. For very extremely low income households: 30 percent of 350 percent of the area median income for county, adjusted for householdfamily size appropriate for the unit, divided by 12. 4-.2. For very low income households: 30 percent of 50 percent of the area median income for county, adjusted for family size appropriate for the unit, divided by 12.

3. For lower-income households:_30 percent of 60 percent of the area median income for 1 10/04/2022 EXHIBIT 8 PH1 Page 104 of 119

Vista Municipal Code
Density Bonus Ordinance
Public Review Draft—August 2022
county, adjusted for household family size appropriate for the unit, divided by 12. In addition, for those lower income households with gross incomes that exceed 60 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of gross income of the household. 2:4. For moderate-income households, the product of 30 percent of+imes 110 percent of the area median income adjusted for family size appropriate for the unit. In addition, for those moderate-income households whose gross incomes exceed 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of gross income of the household. "Affordable Housing Cost" means average monthly housing costs during the first calendar year of a household's occupancy (calculated in accordance with Health and Safety Code Section 50052.5 and 25 CCR Section 6920), including mortgage payments, property taxes, homeowner's insurance, and homeowners association dues, if any, which do not exceed:

1. For extremely low income households: 30 percent of 30 percent of the area median income, adjusted for family size appropriate for the unit, divided by 12. 4-.2. For very low income households: 30 percent of 50 percent of the area median income, adjusted for household-family size appropriate for the unit, divided by 12.

3. For lower income households: 30 percent of 70 percent of the area median income adjusted for h use old-family size appropriate for the unit, divided by 12. In addition, for any lower income household that has a gross income that equals or exceeds 70 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household.

2. 3. For moderate income households: affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent of 110 percent of the area median income adjusted for household family size appropriate for the unit, divided by 12. It shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35 percent of the gross income of the household. 4 To qualify as an affordable hei king ses+the nUr^haser: (1) shall monpayments or such other loan as may satisfy applicable City affordability standards o 0 down payment of at least three percent of the purchase price, but not more thaR 20 PeFGeRt ef the purchase price; (2) obtain a 30 year fully amortizing loan; and (3) obtain a foxed rate loan with level , an adjustable
rate loan without '"teaser rate,"
"Affordable Unit" means a dwelling unit within a residential development, which will be reserved for sale or rent to extremely low, very low, low, or moderate income households at an affordable sales price or affordable rents in a manner to qualify the residential development for a density bonus under this chapter. eFdable—unns—alse ORG!Yde eachi YRit 4R a SeRiE)F ^i+iZeR heUSiRg d eyelopmer,+
"Area Median Income" means area median income for San Diego County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision.
"Child Care Facility" means a child day care facility, other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child day care centers.
"Common Interest Development" means housing that qualifies as a common interest development under Section 1351 of the Civil Code provided that all units in the development are offered to the public for purchase.
"Concession" means a concession or an incentive, as more particularly described in Government Code Section 65915(d)(1), which will result in financially sufficient and identifiable cost reductions designed to facilitate the provision of density bonus units or a qualified day care facility.

Such concessions can include, among other things, a reduction in the site development standards or 2 10/04/2022 PH 1 Page 105 of 119

Vista Municipal Code
Density Bonus Ordinance
Public Review Draft—August 2022
zoning requirements, approval of mixed use zoning under the conditions set forth in Section 65915(1), and other regulatory incentives or concessions. EaGh individual relaxation of a regulatory Gentrel any eaGh individual form of enGOUragement provided or granted by the Gity (e.g., front setbaGk, lot GOVerage ratio, minimum let size, driveway IGGatien) shall Gonstitute a separate GenGeSSion. Under no GiFG imstan hall Tthe City may "e4eg4i;�grant, but is not required to, as a concession or incentive, the provision of public land, a waiver of fees, a waiver of dedication requirements, or direct financial incentives for the housing development.
"County" means the County of San Diego.
"Density Bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and Land Use Element of the General Plan as of the date of the application, as granted under this chapter, and is in accordance with the affordability levels proposed in the project, consistent with density bonus law provisions contained in Planning and Zoning Sections 65915-6591 of the State Government Code. whit" `hall not 8XGeed 45 PeFGen+ "Density Bonus Regulations" means a Gity GeunGil PeUcyregulations adopted by the City Manager, or designee, establishing administrative guidance to implement state law and this chapter which are not in conflict with the provisions or purposes of such legal authorities.
"Density Bonus Units" means those units that are built due to a grant of a density bonus and which exceed the otherwise maximum allowable residential density for the development site. "Dwelling Unit" means a dwelling designed and intended for residential occupancy by one household.
"Eligible Household" means a household that satisfies the size and income requirements applicable to an affordable unit.
"Eligible Residential Development" means a development listed in paragraph A of Section

18.90.030 and which has an entitlement to a density bonus under state law. "Extremely Low Income Household" means households whose income does not exceed the extremely low income limits applicable to the county, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.
"Housing Development" means residential units constructed in the city for sale or rent consisting of a minimum of five units prior to a density bonus. For purposes of this chapter, "housing development" also includes a subdivision, planned unit development, or condominium project, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation and conversion of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of residential units. "Lower Income Household" means households whose income does not exceed the lower income limits applicable to county, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.
"Major Transit Stop" means a site included in the applicable regional transportation plan containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods pursuant to Section 21064.3 of the California Public Resources Code.
"Maximum Allowable Residential Density" means the maximum density allowed for a particular development based on the combined regulatory constraints imposed by the City's Development Code and Land Use Element, or if a range of density is permitted,the maximum allowable density for the specific range applicable to the site. In determining maximum allowable residential density, conditions particular to the site shall be considered which affect the density of a development, such as the presence of wetlands, open space easements, protected habitat, and the like. In no event shall the maximum allowable residential density provided by this definition be applied to a development project in a way to produce a lower density than the minimum, which would be required by Section 3 10/04/2022 PH 1 Page 106 of 119

Vista Municipal Code
Density Bonus Ordinance
Public Review Draft—August 2022
65915 of the Government Code.
"Mandated Operating Period" means a period of at least 8055 years during which the affordable units, the qualified child care facility, or the senior citizen housing development is operated in accordance with the requirements of state law and this chapter. "Moderate Income Household" means households whose income does not exceed the moderate income limits applicable to county, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.
"Paratransit Services" means a transportation option for those individuals with specific disabilities who are unable to use the fixed-route bus or rail system serving their location, and these services are flexible in their scheduling and routing, allowing them to accommodate the specific needs of their riders. As defined by the American Disabilities Act (ADA), a disability is a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. "Qualified Day Care Facility" means a day care facility which: (1) is located in or adjacent to a housing development that has dwelling units reserved for very low, low, or moderate income households in satisfaction of this chapter; (2) serves children from very low, low, or moderate income households (as applicable) in a percentage equaling the percentage of restricted units reserved for that income category within the housing development; and (3) is subject to a recorded child care regulatory agreement requiring operation of the day care facility for a period that at least equals the affordability period. For example, if ten percent of the units are reserved for low income households, at least ten percent of the space in the day care facility must be reserved for children from low income households. "Qualifying Land Dedication" means a donation of land which: (1) is at least one acre in size and sufficient to permit development of at least 40 units; (2) is within the boundaries of the proposed development to receive the density bonus; (3)is sufficiently large to accommodate construction of units affordable to very low income households in an amount equal or greater than ten percent of the number of residential units in the development receiving the density bonus; (4)does not require a change in the zoning or General Plan to accommodate the affordable development or to render it financially feasible; (5) will be served by adequate public facilities or infrastructure; (6) will be transferred to the City or its designee (at the City's choosing)after developer has secured all permits and approvals required for the affordable development (with the exception of building permits); (7) will be accomplished prior to the approval of a final map or approval of the development receiving the density bonus; (8)will be subject to an agreement, to be recorded concurrently with or prior to transfer, guarantying construction and operation of the affordable units in compliance with the requirements of state law and this chapter; and (9) otherwise satisfies the requirements of state law, Section 65915 of the Government Code, and this chapter. In its discretion, the City may: (a) require that the party making the land dedication secure a developer acceptable to the City willing to build the affordable project within the proposed budget; and (b)waive the requirement set forth in clause
(2) if the land to be dedicated is within one-quarter mile of the development that will receive the density bonus. In determining whether the development is financially feasible pursuant to clause (4), the City shall consider the costs of development, projected revenues and other factors typically considered in determining whether a development provides a rate of return typically required by developers. Grants and subsidies from the government or third parties shall not be considered in this calculation, unless the developer provides adequate security to substitute for the grant or subsidy in the event that it is not actually contributed to the affordable units.
"Required Entitlements" means all discretionary approvals, permits, licenses, zoning amendments, or other actions that must be authorized, granted, or approved by the City (including its City Council, commissions, officers, and employees)for the proposed housing development to be fully approved by the City in the manner presented in the density bonus application. Required entitlements can include, among other approvals, zoning amendments, tentative maps, parcel maps, site development plans, special use permits, environmental approvals, and the like. 4 10/04/2022 PH 1 Page 107 of 119

Vista Municipal Code
Density Bonus Ordinance
Public Review Draft—August 2022
"Regulatory Agreement" means an agreement that is recorded against the relevant property and which binds the owner's successors and assigns, including the following provisions:

A. Provisions Common to All Regulatory Agreements. Except as provided below, the agreement shall: (1) bind the relevant property or properties for a period equaling or exceeding the mandated operating period; (2) require compliance with the terms of state law, this chapter, and all other applicable statues, ordinances, regulations and covenants running with the land; (3) provide the City with reports, monitoring procedures, and enforcement methods (including legal actions permitting the recovery of attorney fees) to assure compliance with the preceding obligations; (4) provide reimbursement to the City for its expenses whether those expenses arise on a recurring or nonrecurring basis; and (5) create other requirements to protect neighborhood and the public interest which do not impair the intent or purposes of this chapter or state law. Notwithstanding the foregoing, the regulatory agreement shall control an affordable condominium unit reserved for moderate income households only until the initial sale of the condominium unit occurs, provided all applicable equity sharing and similar legal obligations imposed by Government Code Section 65915 are satisfied.

C. Developments with Qualifying Land Dedications. The agreement shall: (1) assure that the applicant has proposed a development for very low income households that will provide sufficient affordable units to satisfy the applicable density bonus requirements; (2)guarantee that all permits and plans required for development have received full approval, with the exception of building permits; (3) require that a qualified contractor, acceptable to the City, has committed to build the development at the cost proposed by the applicant; (4) establish, upon the construction of the project, controls for the affordable units satisfying paragraphs A and B above; and (5) require that the units, once constructed, shall be used (for the mandated operating period)to provide affordable very low income housing.

E. Developments with Qualified Child Care Facilities. The agreement shall: (1) require that the facility provide care for children of very low, low, or moderate income households as required to satisfy Government Code Section 65915(i); and (2) provide financial or other guarantees to assure the continued operation of the day care facility during the mandated operating period. "Senior Citizen Housing Development" means a housing development of at least 35 dwelling units with the characteristics described in Sections 51.3 and 51.12 of the Civil Code for persons of 55 years of age or older, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. "Specific Adverse Impact" means a "specific adverse impact" as defined in Section of the Government Code which cannot be satisfactorily mitigated without rendering the development unaffordable to very low, low and moderate income households, as applicable. "State Density Bonus Law" means Sections 65915 through 65918 of the California Government Code.
"Substantial Rehabilitation" means the rehabilitation of dwelling units including correction of 5 10/04/2022 PH 1 Page 108 of 119

Vista Municipal Code
Density Bonus Ordinance
Public Review Draft—August 2022
code violations, Title 24 upgrades, seismic rehabilitation (where appropriate)and accessibility upgrades such that the unit is returned to the City's housing supply as decent, safe and sanitary housing. The minimum cost threshold for substantial rehabilitation is $40,000 per unit, which shall be adjusted each calendar year, beginning in 2010, to account for the cumulative change in the Consumer Price Index published for the County of San Diego, or if such index is no longer published, such equivalent index as shall be selected by the Director of Community Development. "Very Low Income Household" means households whose income does not exceed the very low income limits applicable to county, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.
"Waiver or Reduction of Development Standards" means a request made by a project applicant to waive or reduce development standards that would prevent the project from being built at the density permitted by the requested density bonus and with the granted concessions/incentives. (Ord. No. 2009-16, Enacted, 8/11/09; Ord. No. 2017-17, Amended, 10/24/17) Section 18.90.030 Eligibility to Receive Density Bonuses and Concessions and/or Waivers A. Eligible Developments.A housing development with at least five dwelling units is eligible to receive a density bonus and/or concession if it satisfies one of the following requirements:

1. At least ten percent of the total for-sale or rental dwelling units, prior to the grant of the density bonus, are reserved for lower income households.

2. At least five percent of the total for-sale or rental dwelling units, prior to the grant of the density bonus, are reserved for very low income households.

3. The development qualifies as a for-sale ^^mmen development and at least ten percent of the total dwelling units, prior to the grant of a density bonus, are reserved for moderate income households, provided that all units in the development are offered to the public for purchase.

4. As further described in Government Code Section 65915.5, tThe development is a condominium conversion and: (a) at least 15 percent of the total dwelling units are reserved for lower income households; or (b) at least 33 percent of the total dwelling units are reserved for low or moderate income households.

5. The development is a senior citizen housing ddevelopment of at least 35 units (no affordable units required).

6. The project is a mobile home park age-restricted to senior citizens (no affordable units required).

7. As further described in Government Code Section 65915(g)(2), The development provides a qualifying land dedication at least one acre of land to the city or county for very low-income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such .housing.

8. 100% of the housing units (other than manager's units) are restricted to very low, lower and moderate-income residents (with a maximum of 20% moderate).

9. As further described in Government Code Section 65915(b)(1)(E), Aat least 10% of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low-income level.
&.10. As further described in Government Code Section 65915(b)(1)(F), aAt least 20%of the housing units are for low-income college students in housing dedicated for full-time students at accredited colleges.

B. Categorization of Project. The applicant who requests a density bonus shall elect one of the above categories to be used in calculating available density bonuses and concessions. The selection shall be identified in the initial application to the City. 6 10/04/2022 PH 1 Page 109 of 119

Vista Municipal Code
Density Bonus Ordinance
Public Review Draft—August 2022
(Ord. No. 2009-16, Enacted, 8/11/09)
Section 18.90.040 Amount of Density Bonus
A. General. Eligible projects shall receive density bonuses commensurate with the number of dedicated affordable units proposed in the housing development consistent equal to the bonus required to sat,^f„with state law as noted in Section 18.90.030.A. The City's website shall provide Planner shall dostri h„te the most current density bonus regulations to i inte.nI reo testested persona free of fie;setting forth authorized density bonuses based on project type. Nothing in this ^hapter shall prevent an applicant from aGcepting a density bonus, whiE;h is less than the minimum required under state law.

B. Aggregation Rules. The density bonus available to an eligible residential project listed in ^lauses (1)through (4)of Section 18.90.030.A may be aggregated with the density bonuses available for providing a day Gare faGilit„or for^ prejeE;t that provides a qualifying land dedication, but .. No of e aggregated,form of aggregation shall be permitted and a density benus, when may not exceed 35 percent.

C. Maximum Allowable Residential Density. When the zoning ordinance sets a maximum density in a singe family zone by establishin`v o minim i n let area fnr ea^h let for different zoning categories, the maximum allowable residential density for the project will be the maximum number of kAs-dwelling units that can be legally established on a project site under the applicable zoning and General Plan, after taking into account all characteristics particular to the site. That number would then be increased by the applicable density bonus percentage,and rounded upwards if the resulting number is not a whole number. In no event shall the maximum allowable residential density provided by this definition be applied to a development project in a way to produce a lower density than the minimum, which would be required by Section 65915 of the Government Code.

D. Regulatory Agreement. A regulatory agreement shall be recorded against any property receiving a density bonus or which will provide affordable housing pursuant to this chapter. The agreement shall be recorded at the earliest time possible, but in all events, prior to issuing a building permit, or in the case of subdivisions, prior to approving a final map. (Ord. No. 2009-16, Enacted, 8/11/09)
Section 18.90.050 Number of Incentives and Concessions and/or Waiver or Reduction of Development Standards
A. Calculating Number of Incentives or Concessions. Eligible residential developments applying for a density bonus shall receive specific incentives or concession(s)in a number to satisfy the minimum requirements of state law, unless the applicant agrees to a lesser number or the City makes the findings to deny the concessions in accordance with Section 18.90.080.B. A qualifying project shall be entitled to one, two, three, or four incentives depending on their proposed levels of affordability, as allowed by Government Code Section 65915, in addition to the density bonus allowed as follows:

1. One Incentive or concessions — Projects with 5% very low, 10% low, or 10% moderate income households; and student housing projects with 20% low-income units.

2. Two Incentives or concessions — Projects with 10% very low, 17% low, or 20% moderate income households.

3. Three Incentives or concessions—Projects with 15%very low, 24% low, or 30% moderate income households.

Vista Municipal Code
Density Bonus Ordinance
Public Review Draft-August 2022
total unit for lower income students in a student housing development. The rit„ Planner shall distribute prograrn regulations to interested persons, free Of Gharge,whiGh set forth the autherized number of land Use GonGeGGiensbased on PFOjeGt type.For purposes of this GaIGUlation, eaGh individual deviation Gr D nGent4ve fromthe zen4n ts, rules, or other standards or Gonditions of the Gity shall Gonstitute- a separate n essinn Alnfiniith sta nlJinn the foregoing, a ariatinn in one standard nr ren„irnm not shall Gonstitute only ene WnGeSSion of, by neGeSSitY, the one variation results and unavoidable variation in a and standard
arrsecond
B. Types of Available Incentives or Concessions. A qualifying project may request available incentives in addition to the density bonus from the following categories:

1. A reduction in the site development standards of this Development Code (e.g., site coverage, building height, off-street parking requirements that are less than those specified in Section 18.90.10013, reduced lot dimensions, and/or setback requirements);

3. Other regulatory incentives or concessions proposed by the developer or the City that will result in identifiable and actual cost reductions.

B,C. Select Projects; Concessions Unavailable. Concessions shall not be provided to: (1) senior citizen housing developments with no affordable units; or (2) a development which obtains its entire density bonus entitlement through a qualifying land dedication.

G-.D. Redevelopment orojentsAdditional Incentives or Concessions. Notwithstanding any other provision of this code, additional concessions may be granted beyond those permitted by paragraphs A and B under any of the following circumstances+#: (1)the housing development is subject to a contract with the Community Development Commission of the City of Vista; (2) the contract authorizes the land owner or developer to request City approval of such additional concessions; (3)the grant of the additional concession(s) is required to render the affordable housing feasible; and (4) the City affirmatively determines that approval of the additional concession is required to advance the interests of the community and can occur without any adverse impact. �E. Waiver or Reduction of Development Standards. If a City development standard would Physically prevent the project from being built at the density permitted by the requested density bonus and with the granted concessions/incentives, the developer may propose to have those standards waived or reduced. The City is not permitted to apply any development standard which physically precludes the project at the density permitted by the requested density bonus and with the granted concessions/incentives. A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled to per Section 18.90.050.13 above.

F. Regulatory Agreement. A regulatory agreement shall be recorded against any property receiving a concession or waiver or reduction of development standards pursuant to this chapter. The agreement shall be recorded at the earliest time possible, but in all events, prior to issuing a building permit, or in the case of subdivisions, prior to approving a final map. (Ord. No. 2009-16, Enacted, 8/11/09)
Section 18.90.060 Supplemental Density Bonuses and Concessions A. Child Care Facilities.

1. Unless h nln accordance with Government Code Section 65915(h+), makes a finding that it has adequate child care facilities an eligible project shall receive an additional density bonus or an additional concession if it provides a qualified day care facility.

Vista Municipal Code
Density Bonus Ordinance
Public Review Draft—August 2022
child care facility.

3. An additional density bonus may not be granted which n es the total density bonuses for then „io„t to GolleGti„ely o eed 35 pe nt. The City shall not be obligated to grant the additional density bonus or provide an additional concession if it finds, pursuant to Government Code Section 65915(+h), that the City has adequate child care facilities.

B. Projects with Qualifying Land Dedications.

1. A project that qualifies for a density bonus pursuant to Section 18.90.030.A.1- 3, 5-6 and 8-10 (A)(!)thro gh (A)(4`can receive a supplemental density bonus by providing a qualifying land dedication. The amount of the supplemental density bonus shall be determined in accordance with Government Code Section 65915(h), provided that the aggregate density bonus shall not exceed 35 percent.

2. A regulatory agreement shall be recorded against any property receiving a supplemental density bonus or which will be used to provide affordable housing. The agreement shall be recorded at the earliest time possible, but in all events, prior to issuing a building permit, or in the case of subdivisions, prior to approving a final map.
(Ord. No. 2009-16, Enacted, 8/11/09)
Section 18.90.070 Application Process
A. General. The granting of a density bonus or concession pursuant to this chapter, shall not be interpreted, in and of itself, to require an amendment of the General Plan, a specific plan, a zoning ordinance, or the Development Code. Any application processed pursuant to this chapter, shall be reviewed by the Planning Commission concurrently with any other development approval, subject to appeal to the City Council.

1. A brief description of the proposal including the total number of units prior to the grant of a density bonus, the number of density bonus units, and the number of affordable units.

2. The zoning and General Plan designations and assesso;sassessor's parcel number(s)for the project site.

3. A site plan, drawn to scale, which includes building footprints, driveway and parking layout, existing topographic contours, and proposed grading.

4. A letter identifying what specific density bonus, and/or concessions are being requested and the basis on which the project qualifies for a density bonus.

5. The City Planner shall provide to an applicant/developer, a letter that identifies project issues of concern and the procedures for compliance with this chapter.

Prior to submission of the formal application, the applicant shall discuss the preliminary application with the City Planner or his designee, unless the requirement is waived. At the meeting, the applicant and City Planner shall discuss how the proposed project can be designed (including any requested incentives or concessions and/or waivers) to promote the objectives of this chapter while also serving the interests of the immediately surrounding community.

C. Formal Application. A density bonus application shall be processed and heard concurrently with applications for the project's other required entitlements.

1. The following information shall be included with the development application(s) required for the project:
9 10/04/2022 PH 1 Page 112 of 119

Vista Municipal Code
Density Bonus Ordinance
Public Review Draft—August 2022
a. A legal description of the total site proposed for development of the affordable units including a statement of present ownership and present and proposed zoning. b. A letter signed by the applicant stating the specific density bonus, incentives, or concessions (e.g., standards modifications, additional density bonus, or fee waiver, etc.) are being requested from the City.

Documentation in relation to waivers or reductions of development standards shall substantiate that the development standard if not waived or reduced will have the effect of precluding the construction of the development at the density bonus densities (or with the concessions or incentives permitted by this chapter).
e. In the nac��Tequest forams-vra=waiver evT�rnr�s$' n a pro forma for OspeG al skill is required t— ho proposed PFGjeGt showing that the GonGession is neGessary to make the housing Units eGenerniGally feasible, and evmdenGe that the development standard Of not waived or redYGed will have the effeGt Of pFeGluding the GenStFUGtien of the development at the density bonus densities (or with the GenGessions er inGentives permitted by thiS Ghapter). if the Gity Planner determines that additional infermatien er e e or the er's finanGial data and Gal e
consultant,Gity Planner may request the City Manager to engage an outside at the applicant's expense,
to perform that rani aired review assessment er verification e
f. Such other information as may be reasonably required by the City to evaluate the application, including additional requirements that are needed to evaluate projects offering qualifying land dedications.
fTeGGst ofany financial review an appliGation, inGluding pro formal applicant.estimated GenstFuGtieR Gests, shall be subject to reimbursement or advance payment by the (Ord. No. 2009-16, Enacted, 8/11/09)
Section 18.90.080 Decision, Findings, Conditions
A. Action on Density Bonus. If the required entitlements for the housing project are approved, the density bonus shall also be approved.

B. Action on Concessions. If the required entitlements for the housing project are approved, the requested concessions or incentives shall also be approved unless one of the following findings is made: (1) the concession is not required in order to provide density bonus units at an affordable rent or an affordable housing cost, as applicable; (2) the concession would have a specific adverse impact on the public health and safety or the phySioal enyurenment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-and moderate-income households; or(3)the concession would be contrary to state or federal law.
9-.C. Action on Waivers. If the required entitlements for the housing project are approved, the requested waiver or reduction of development standards shall also be approved unless one of the following findings is made: (1)the waiver or reduction of development standards would have a specific, adverse impact upon health and safety, as defined by Government Code Section 65589.5(d)(2), and 10 10/04/2022 PH 1 Page 113 of 119

Vista Municipal Code
Density Bonus Ordinance
Public Review Draft—August 2022
for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; (2) the waiver or reduction of development standards would have a specific adverse impact on any real property listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or (3) the concession or incentive would be contrary to state or federal law.

G-.D. Conditions. Any density bonus application approved under this chapter shall include all conditions which are determined to be useful or helpful in promoting the goals and purposes of state law, this chapter and the density bonus regulations.
(Ord. No. 2009-16, Enacted, 8/11/09)
Section 18.90.090 Fees and Cost Reimbursements
A. Application Fees. The City Council may establish by resolution, fees to be paid by the applicant to defray the City's cost of reviewing density bonus applications and preparing density bonus housing agreements.

B. Cost Reimbursements. The City may charge fees to recover any and all costs associated with administering the programs required by this chapter and in performing the functions associated with regulatory agreements. This includes: (1) recovering from the applicant(by advance or reimbursement) the cost of engaging financial or other consultants to review pro f,�, rorm asreasonable documentation submitted by an applicant as part of an application review or to evaluate ^enstt;en ,.ests estimated by the annlinaMidentifiable and actual cost reductions for the project; (2) the costs of reviewing reports and monitoring projects with affordable rental units, child care facilities, or qualifying land dedications; (3) the cost of reviewing documents associated with the sale of affordable units and taking related actions; and (4) reimbursement, pursuant to Government Code Section 65915.5, of the City's reasonably necessary administrative costs relating to condominium conversions. (Ord. No. 2009-16, Enacted, 8/11/09)
Section 18.90.100 Regulation, Parking, Interpretation, Enforcement A. Density Bonus Regulations. The City Manager shall- prepare- rules-and procedures to implement and explain the operation of this chapter. Housing InGl„si„nar„ Hosing Program Cxnent to the _e-unitts that qualify a development for a density
extent otherwose required by appliGable law,
bonus are On addition to, and do net GeURt toward satisfying any obligation under the City's inclusionary Reusing-program.

B. Parking. Upon submittal of a request wFmtten submissiens seeking relaxto relaxed parking requirements prior to the tzime the application being fer4s-deemed or �'o d complete, the City shall not require parking, inclusive of accessible and guest parking, that exceeds the requirem ants of Sentien 65915(p)the following ratios per Government Code Section 65915(p):-

1. Studio to one-bedroom: one parking space per unit.

2. Two to three bedrooms: one and one-half parking spaces per unit.

C. An applicant may request additional parking incentives beyond those included in this section.
d. Onsite spaces may be provided through tandem or uncovered parking, but not on-street parking.
whole number, the number shall he rounded up to the next whole number. 11 10/04/2022 PH 1 Page 114 of 119

Vista Municipal Code
Density Bonus Ordinance
Public Review Draft—August 2022
C. Special Parking Requirements. As further described in Government Code Section 65915(p), Llower parking ratios apply to specified projects (although the City may require higher parking ratios if supported by a specified parking study):

Project Type Parking Spaces
Required
Rental/for sale projects with at least 11% very low income or 20% lower 0.5 spaces per unit income units within '/2 mile of an accessible major transit stop For sale projects with at least 40% moderate income units within % mile 0.5 spaces per of an accessible major transit stop bedroom
Rental projects 100% affordable to lower income within '/z mile of an 0 spaces per unit accessible major transit sto
Rental senior projects 100% affordable to lower income households, 0 spaces per unit either with paratransit service or within '/2 mile of an accessible bus route (operating at least 8 times er da
Rental special needs projects 100% affordable to lower income 0 spaces per unit households, either with paratransit service or within '/z mile of an accessible bus route (operating at least 8 times er da Rental supportive housing developments 100% affordable to lower 0 spaces per unit income households
D. Automatic Incorporation of State Law Amendments. This chapter implements Government Code Sections 65915-65918. In the event that these sections are amended, those amended provisions shall be incorporated into this chapter. Should any inconsistencies exist between the amended state law and the provisions set forth herein, state law shall prevail. Until the code is formally amended to eliminate any such inconsistencies, the City Planner shall maintain an explanation of all such amendments which shall be distributed with on as part of the density bonus regulations.

E. Interpretation. This chapter and the density bonus regulations are to be construed and applied by the City staff and City officers in a manner that avoid conflicts with other applicable laws, including state law. No provision of this chapter or the density bonus regulations shall be applied if it would result in a violation of state or federal law. Further, no provision of the regulations shall be applied in a manner that conflicts with the lawful provisions of this chapter.

EXHIBIT 9

PRIOR CITY COUNCIL ACTIONS
Accessory Dwelling Units
On August 13, 2019, introduced and adopted City Council Ordinance No. 2019-11, amending Chapter

18.31 of the Vista Development Code regarding Accessory Dwelling Units (Vote: 4-1, Rigby opposed).

On August 11, 2009, introduced and adopted City Council Ordinance No. 2009-16, adding Chapter

18.90 to the Vista Municipal Code relating to Residential Density Bonus (Vote: 4-0, Campbell absent).

On May 27, 2003, adopted City Council Ordinance No. 2003-15, amending Chapter 18.31 of the Vista Development Code pertaining to Second Units (Vote: 4-0, Campbell absent).

On December 13, 1994, adopted City Council Ordinance No. 1994-20, amending the Second Unit (Granny Flat)Ordinance provisions, making them applicable to the R-M Zone as well as Single-Family zones, and deleting age and familial status restrictions (Vote: 5-0).

On February 23, 1993, adopted City Council Ordinance No. 1993-2, adopting an ordinance for regulatory second units on a single-family zoned lot (Vote: 5-0).

Residential Density Bonus
On October 24, 2017, introduced and adopted City Council Ordinance No. 2017-17, amending titles 17 and 18 of the Vista Development Code to update various grading and zoning regulations (Vote: 5- 0).

Senate Bill 9
No prior actions.

Objective Design Standards
On April 11, 2017, adopted City Council Resolution No. 2017-52, approving an amendment to the Design Guidelines regarding Multi-Family Development (Vote: 4-1, Rigby opposed).

On January 12, 2016, adopted City Council Resolution No. 2016-9, approving the amendments to the Design Guidelines for Multi-Family Development (Vote: 4-1, Campbell opposed).

On May 27, 2014, adopted City Council Resolution No. 2014-87, amending the City's Design Guidelines to establish guidelines for bargain basement stores (Vote: 5-0).

On May 22, 2012, adopted City Council Resolution No. 2012-82, amending the Design Guidelines for Multi-Family Development (Vote: 3-1, Lopez opposed, Ritter absent).

On April 8, 2008, adopted City Council Resolution No. 2008-84, repealing the Design Review Manual and adopting Design Guidelines: An Illustrated Guide to the City's Design Priorities for Development and Redevelopment of Commercial and Residential Property (Vote: 5-0).

EXHIBIT 9
10/04/2022 PH 1 Page 116 of 119

CALIFORNIA

RENTERS LEGAL

ADVOCACY AND

EDUCATION FUND
September 1, 2022
City of Vista
200 Civic Center Drive
Vista, CA 92084
Re: Amendments to Vista Development Code Ch. 18.31, Accessory Dwelling Units.

Dear Planning Commission and City Attorney:

The California Renters Legal Advocacy and Education Fund (CaRLA) submits this letter to inform the Vista Planning Commission that they have an obligation to abide by all relevant state housing laws when amending Vista Development Code Ch. 18.31, Accessory Dwelling Units. The ordinance as currently proposed presents several conflicts with state ADU standards. If the city fails to amend the ordinance to resolve these conflicts,Vista would lose the ability to apply any development standards to ADU permits, and be forced to apply only the state minimum standards.(Gov. Code Section 65852.2(a)(4).) California's statewide ADU standards were first adopted in 1982 in order to promote the development of accessory homes on single-family lots as a way to combat California's massive housing shortage.In the decades since it was first adopted,the standards have been strengthened repeatedly, due to cities throughout the state that have resisted making any effort to promote housing growth.Most recently,the state adopted a package of legislation to further strengthen state ADU law and limit local discretion to impose development standards and deny ADU permits.

The reasoning behind this level of state intervention in local development policy is clear.In order to address our state's massive shortage of housing,we must find every way we canto create new homes. ADUs are one of the easiest ways to accomplish this goal. ADUs are the most affordable types of housing we can create without involving government subsidy.ADUs also maintain the existing appearance of neighborhoods, as they are most often developed in backyards or converted from existing structures. If there is one type of housing development that should generate the fewest objections by local neighbors and city governments, it is ADUs. Local governments that continue to resist ADU development make clear that they are uninterested in helping to solve the housing crisis. 360 Grand Ave #323, Oakland 94610
[email protected]
10/04/2022 EXHIBIT 10 PH1 Page 117 of 119

We submit this letter to note our objections and urge Vista to bring this ordinance into compliance. The two following standards would violate state law if adopted as currently proposed.

A. Applicable Zones (18.31.050): an ADU located within repurposed existing space is limited to 800 square feet in area,16 feet in height, and must meet 4-foot side and rear yard setbacks.

ADUs that are converted from existing space under state law are not subject to the size, setback, and height regulations that new construction, detached ADUs are subject to. As long as setbacks are sufficient for fire safety, these types of ADUs are only subject to the standards outlined in Gov. Code Section 65852.2(e)(1)(A).

B. Architectural Consistency (18.31.090) - ADUs, attached or detached, and JADUs shall incorporate the same architectural features,building materials, and colors as the primary residence. These building features shall include, but are not limited to, roofing material,roof design,fascia,exterior building finish, color, exterior doors and windows including,but not limited to,ratios of window dimensions (i.e. width to height) and window area to wall area, garage door, and architectural enhancements. However, the compliance with these regulations may not preclude the development of an ADU or JADU that is consistent with State law.

ADUs are required by state law to be processed ministerially.Therefore,they should only be subject to standards that are objective, or standards that "involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official prior to submittal." (Gov. Code § 65589.5(h)(8)). Judgements about architectural style, features, and enhancements involve subjective judgements. The above standard must be more specific about which features, colors, or other aspects are required to match, otherwise the standards cannot be applied objectively,and ADU permits will fail to meet the ministerial requirements of state law.

The current housing shortage in California makes all housing more expensive,forcing people to share smaller spaces in order to afford a home,or leaving people without the means to afford any shelter at all.With more homes available,we would have less overcrowding,and people would be able to afford more space and have more secure living situations.We hope the Commission will consider amending the ordinance to comply with statewide standards.You may learn more about CaRLA at www.carlaef.org . 2of3
10/04/2022 PH 1 Page 118 of 119

Sincerely,
Dylan se
CaRLA Executive Director
Sincerely,
Courtney Welch
CaRLA Director of Planning and Investigation
3of3
10/04/2022 PH 1 Page 119 of 119

A C A L r F 0 F K I A
V T
CITY OF IS
Legislative Housing Amendments
P22=0718
City Council Workshop & Public Hearing
October 4, 2022

CITY OF VISTA
Project Description
• Accessory Dwelling Units — Amend Development Code Chapter 18.31 to reflect changes in State law
• Residential Density Bonus — Amend Development Code Chapter

18.90 to reflect changes in State law
• Senate Bill 9 — Introduce new Development Code chapters to implement SB 9 : Chapter 17.86 addressing Urban Lot Splits, Chapter

18.71 for Zoning Clearances, and Chapter 18.96 addressing Two-Unit Housing Developments
• Senate Bill 330 — Introduce new Objective Design Standards for Multi- Family and Mixed-Use developments

CITY OF VISTA
ADUs and JADUs
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) An ADU is accessory to a primary residence and has complete independent living facilities for one or more persons
• Detached — unit is separated from the primary residence • Attached — unit is attached to the primary residence • Converted Existing Space — Space (e.g., master bedroom, attached garage, storage area, or accessory structure) on the lot of the primary residence that is converted into an independent living unit
• JADU — a specific type of conversion of existing space that is contained entirely within an existing or proposed primary residence

CITY OF VISTA
ADUs and JADUs
Development Code Chapter 18.31

18.31 .010 - Definitions
• Definitions amended to clarify an ADU is permitted on any lot with a primary residence
• JADU definition added — unit that is no more than 500 SF and contained entirely within an existing one-family dwelling
• Primary Residence definition added — clarifies first dwelling built on a parcel , can include cone-family dwelling, two-family dwelling or a multiple dwelling • Public Transit definition added — location where public may access buses, trains, subways or other forms of transportation available to the public

CITY OF VISTA
ADUs and JADUs

18.31 .020 — Applicable Zones
• Previously allowed only in single-family zones: R-1 -13, R-1 , E-1 , A-1 and O-R • Amended to include the Multi-Residential (R-M) and Mixed Use (M-U ) zones and any specific plan areas that allow one-family dwellings by right • Amended to clarify that an ADU located within repurposed existing space is permitted on a lot that allows one-family dwellings or multiple dwellings by right

CITY OF VISTA
ADUs and JADUs

18.31 .030 — Requirements for ADUs
• Existing zoning violations may not be taken into account • Existing building violations may be considered only if necessary "to protect public health and safety"
• Utility service to the ADU may be independent from the primary residence • Limited ability to convey the ADU separately from primary residence (AB 345) • ADU shares primary address number with an additional unit number • Allows simultaneous construction of a primary residence and ADU • Manufactured homes may be used as ADUs if placed on a permanent foundation and connected to utilities — No RVs are permitted as ADUs • ADUs must include solar (PV) to power the unit

CITY OF VISTA
ADUs and JADUs

18.31 .040 — Number of ADUs
• If Primary Residence is a one-family dwelling :
— One ADU and one JADU subject to:
• One ADU may be located within proposed or existing space of a one-family dwelling or accessory building; if converting accessory building may not expand more than 150 SF • Exterior access from the Primary Unit
• Side and rear setbacks sufficient for fire and life safety • JADU complies with all other requirements
— One detached ADU subject to:
• Minimum 4-foot side and rear setbacks
• Maximum square footage of 850 SF if fewer than two bedrooms; maximum square footage of 17200 SF if two bedrooms; no more than two bedrooms allowed • Maximum height of 16 feet
— No more than one JADU per lot

CITY OF VISTA
ADUs and JADUs

18.31 .040 — Number of ADUs (Continued)
• If Primary Residence is a multiple dwelling:
— A maximum of two detached ADUs, may not exceed 16 feet in height and must meet 4- foot side and rear yard setbacks
— Within an existing multiple dwelling structure, may be converted from areas not used as living space
• Including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages
• Permits at least one ADU and up to 25% of existing units — JADUs are not permitted on lots with multiple dwelling structures

CITY OF VISTA
ADUs and JADUs

18.31 .050 - Size
• Maximum size of ADU can be dependent upon Primary Residence; garage space or non-inhabited accessory structures do not count toward size of Primary Residence
• Detached ADU :
— Detached ADU may not exceed 850 SF if fewer than two bedrooms, or 1 ,200 SF if two bedrooms; no more than two bedrooms allowed
• Attached ADU :
— Same size limitations as above, but may not exceed 50% of the square footage of the Primary Residence
• Conversion of an existing accessory structure or a portion of the Primary Residence is not subject to size requirements

CITY OF VISTA
ADUs and JADUs

18.31 .050 — Size (Continued)
• Maximum size of a JADU is 500 SF
• Minimum size for ADU or JADU is 150 SF

18.31 .060 — Setbacks
• Converted Space — no setback for conversion of legally permitted structure • New ADU :
— Front setback is per the zone within which ADU is located — Side and rear setbacks are 4 feet for attached, detached ADUs or built above garage • Conversion of existing detached accessory building — no setback required • Minimum building separation is 5 feet measured eave to eave • No front yard setback for ADU constructed in same location as existing Bldg

CITY OF VISTA
ADUs and JADUs

18.31 .070 — Height Regulation
• Maximum height shall not exceed one story or 16 feet to peak of roof • May be a second story of Primary Residence or accessory structure, 16-foot height limit measured from existing first floor ceiling to peak of roof

18.31 .080 - Parking
• New parking spaces provided — one space per unit, may be covered or uncovered and may be tandem space within paved driveway or side/rear yard (if permitted in the applicable zone)
• ADU parking is in addition to any other required parking — Building official can deny parking spaces located in setbacks or tandem spaces if deemed unsafe

CITY OF VISTA
ADUs and JADUs

18.31 .080 — Parking (Continued)
• Replacement parking spaces:
— ADU that removes any required uncovered spaces must be replaced — ADU that removes any required covered parking does not have to be replaced — JADU created within an attached garage does not have to replace parking spaces • Waived parking:
— ADU is within '/2 mile walking distance of public transit — ADU is located within an architecturally and historically significant historic district — ADU is contained within the footprint of the primary residence or an accessory building — On-street parking permits are required but not offered to the occupant of the ADU — A car share vehicle is located within one block of the ADU

CITY OF VISTA
ADUs and JADUs

18.31 .090 — Architectural Consistency
• ADUs (attached or detached) and JADUs are encouraged to incorporate the same architectural features, building materials and color as the primary residence — Includes roofing material, roof design, fascia, exterior building finish, color, exterior doors and windows (including ratio of window to wall), garage door and architectural enhancements

18.31 . 100 — Requirements for JADUs
• Owner occupancy requirement for Primary Residence or JADU • JADU cannot be conveyed separately from Primary Residence • JADU must have separate entrance (from Primary Residence), a cooking facility with appliances, food preparation counter, and storage cabinets • No short-term rentals, JADU cannot be rented for less than 30 consecutive days

CITY OF VISTA
ADUs and JADUs

18.31 . 110 — Fees
• Building plan check and inspection fees apply • Development impact fees not required if unit is 750 SF or less; if greater than 750 SF such fees are charged proportionate to the size of the primary residence • School impact fees apply to any ADU that is 500 SF or greater in size • Development impact fees are waived if:
— The unit is deed restricted affordable unit for 10 years (at low income — 80% AMI or lower) — The unit or primary residence is occupied by a family member or caregiver providing regular care to an owner or occupant

CITY OF VISTA
ADUs and JADUs

18.31 .120 — Submittal Requirements and Application Processing • Application for ADU or JADU requires a site plan , floor plan and elevations • Applications for ADU or JADU must be reviewed ministerially within 60 days of receiving a complete application
• Concurrent processing — When applications for ADU or JADU are submitted concurrent with an application for a new primary residence, review of the ADU/JADU may be delayed until the primary residence is approved Comments from CA Renters Legal Advocacy and Education Fund • Changes to the proposed ADU code amendment were incorporated to address comments received , and were recommended by the Planning Commission

CITY OF VISTA
C A L 1 F O R R I A ,^f: •`•
ADUs and JADUs -
,

ADU QUESTIONS
• 'P
`yam.
f r r it
e,
r
n

CITY OF VISTA

CITY OF VISTA
Residential Density Bonus
Development Code Chapter 18.90

18.90.010 — Purpose and Intent
• Added category of extremely low income (30% or less of AMI) to the housing affordability categories

18.90.020 — Definitions
• Numerous changes and additions to definitions to reflect changes in State law, are summarized in the Staff Report

CITY OF VISTA
Residential

18.90.030 — Eligibility to Receive Density Bonus and Concessions and/or Waivers
• Clarifies that density bonus may be used for specified rental or for sale developments
• Clarifies eligibility criteria for affordable projects and adds new categories of projects that are eligible:
— Senior citizen housing (55 years or older) of at least 35 units (no affordable units required) — Mobile home park that is age restricted for senior citizens (no affordable units required) — Land dedications that are appropriately zoned/GP with access to utilities and at least one acre in size (for very low income units)
— 100% affordable projects at low, lower or moderate (maximum 20% moderate units) — 10% of units at very low income for transitional foster youth, disabled veterans, or homeless — 20% of units at low income for full-time college students

CITY OF VISTA
Residential

18.90.040 — Amount of Density Bonus
• Commensurate with project types identified in prior section , per State density bonus chart
• Aggregation — density bonus may be aggregated with other density bonuses for qualifying land dedication not to exceed 35% bonus • Maximum Allowable Residential Density — establishes calculation for density bonus based on maximum number of units that can be developed on a property under current zoning and GP, rounded up
• Regulatory agreement required to be recorded against the property

DENSITY BONUS CHART*
AFFORDABLE LIMIT VERY LOW IMOOWE LOWIMCOME MODERATE INCOME LANDDONATION FOSTRYOUTH! COLLEGE PERCENTAGE" DENSITYBONUS DENSITY BONUS DEMSr-Y BON US- DENSITY BONUS SENIOR"" ❑ISABLEDVETSI STUDENTS CITY OF VISTA HOMELESS
5% 20% 20%
6% 22.5% 20%
7% 25% 20%
Residential
Density
Bonus
8% 275% 20%
9% 300A - - 20%
140A 32.5% 20% 5% 15% 20% 20%
11% 35% 21.5% 6% 16% 20% 20%
12% 38-75% 23% 7% 17% 20% 20%
13% 42.5% 24.5% 8% 18% 20% 20%
14% 46.25% 26% 9% 19% 20% 20%
15% 54% 27.5% 10% 20% 20% 20%
16% 50% 29% 11% 21% 20% 20%
• The percentage and type of 17% 50% 30-5% 12% 220A 20% 20% 18% 50% 32% 13% 23% 20% 20%
affordable units dictates the 19% 50% 33. 1 2 20% 20% 2420% 50% 35%
96 15%96 25%�Y6 2090 2446 3596
percentage of density bonus 2 % 50% 3250A 17% 27% 20%% 20% 35% 2296 54�i6 42-5�i6 17�Y6 27% 2096 2446 3596 23% 50% 46.25% 18% 28% 20% 20% 35%
24% 50% 50% 19% 29% 20% 20% 35%
25% 500A 20% 30% 20% 200A 35%
• From 5% u p to maximum of 50% 27% 50% 50% 22% 32% 20% 20% 35% 28% 540A 50% 23% 330A 20% 20% 35%
density bonus 29% 50% 50% 24% 340A 20% 20% 35% 30% 50% 50% 25% 35% 20% 20% 35%
31% 50% 50% 26% 35% 20% 20% 35%
32% 50% 50% 27% 350A 20% 200A 35%
3396 54% 50% 28% 35% 20% 20% 35%
• Up to 80% density bonus with 34% 50% 50% 29% 35% 20% 20% 35% 35% 50% 50% 30% 35% 20% 240k 35%
qualifying project that is 10 0% 37% 50% 50% 32% 35% 20% 20% 35% affordable 3 50% 50% 33% 35% 20 2 % 3 39%9% 54% 50% 34% 35% 20%% 240% 35%5% 40% 50% 50% 35% 350A 20% 20% 35%
41% 50% 50% M75% 35% 20% 20% 35%
42% 540A 500A 42-50A 350A 20% 20% 35% 43% 50% 50% 46.25% 35% 20% 20% 35%
4496 50% 50% 50% 35% 20% 20% M%
80% 80% 90% 35% 20% 20% 35% ■

CITY OF
Residential

18.90.050 — Incentives and Concessions and/or Waiver or Reduction of Development Standards
• Clarifies that eligible projects may receive incentives or concessions per State law
NO.OF I N C EN TIC'ES'
' VERY LOW INCOME LOWEk INCOME to GDERATE I N COM E CONCESSI ON 5 PERCENTAGE PERC ENT,4G E PERC ENTA4G E 1 5�10 10% 10%
10% 17 0
15% 4 30
4 100 Low/Very 100 Law/Very 100% Love/Very Low/Mod Low/Mod Lour/Mod
( 0 Mod crate a II owed) ( 0 Mod crate a II owed) ( 0 o Mod crate a II owed) • 100% affordable projects within 1/2 mile of a major transit stop may receive a height increase of up to three stories or 33 feet

CITY OF VISTA
Residential

18.90.050 — Incentives and Concessions and/or Waiver or Reduction of Development Standards (Continued)
• Qualifying projects may request additional incentives:
— Reduction in site development standards of the Development Code, e.g. , site coverage, building height, off-street parking (beyond that allowed under State law), reduced lot dimensions, setbacks
— Approval of mixed-use zoning not otherwise allowed by the Development Code — Other regulatory concessions or incentives identified by the developer or the city that would reduce development costs
— In addition to the available concessions/incentives, an unlimited number of waivers or reductions in development standards are allowed if they are needed to achieve the density permitted with the Density Bonus

CITY OF VISTA
Residential

18.90.060 — Supplemental Density Bonuses and Concessions • Child care facilities — Additional density bonus or concessions are available to projects with a qualified day care facility onsite • Projects with Qualified Land Dedications — may receive additional density bonus not to exceed 35%
• Any of these supplemental density bonuses require regulatory agreements

CITY OF VISTA
Residential

18.90.070 — Application Process
• The granting of a density bonus or concession shall not require a GPA, specific plan , zone change, or Development Code amendment; the density bonus shall be reviewed concurrent with any other entitlements • A preliminary application process is defined to determine the appropriate level of density bonus and/or incentives, concessions or waivers • Formal application requirements are provided — city staff may require additional project information to justify requests for density bonus and/or incentives, concessions or waivers

CITY OF VISTA
Residential

18.90.080 — Decision, Findings, Conditions
• If eligible entitlements are approved , any associated density bonus, concessions or incentives shall also be approved
• If eligible entitlements are approved , any associated waivers or reduction of development standards shall also be approved unless:
— The waivers or reductions would have a specific, adverse impact on health and safety for which there is no feasible method to mitigate
— The waivers or reductions would have a specific, adverse impact on any property listed in the CA Register of Historic Resources for which there is no feasible method to mitigate — A proposed concession or waiver is contrary to State law

CITY OF VISTA
Residential

18.90.090 — Fees and Cost Reimbursements — no changes

18.90. 100 — Regulation, Parking, Interpretation, Enforcement • Parking is required for qualifying density bonus projects as follows:
— 1 space/unit: Studio to one-bedroom
— 1 .5 s paces/unit: Two to three bedrooms
— 2.5 spaces/unit: Four or more bedrooms
— If calculations result in fractional number, round up to nearest whole number — These parking standards do not count as an incentive or concession — An applicant may request additional parking reductions for an eligible density bonus project — Parking may be satisfied with tandem or uncovered spaces, but cannot use on-street parking

CITY OF
Residential

18.90. 100 — Regulation, Parking, Interpretation, Enforcement • Special Parking Requirements:
— 0.5 spaces/unit: Rental/for sale projects with at least 11 % very low or 20% lower income units within �/2 mile of a transit stop
— 0.5 spaces/bedroom: For sale projects with at least 40% moderate income units within 1/2 mile of an accessible major transit stop
— 0 spaces/unit (no parking required):
• Rental projects that are 100% affordable to lower income within '/2 mile of an accessible major transit stop
• Rental senior projects that are 100% affordable to lower income either with paratransit service or within 1/2 mile of an accessible bus route
• Rental special needs projects that are 100% affordable to lower income either with paratransit service or within '/2 mile of an accessible bus route • Rental supportive housing projects that are 100% affordable to lower income

CITY OF
Residential
Agreemenj
--
��. _ -_ . _ ---_
Additional height ;
and density
provided in
exchange for
. '--- - - ` - - _ ' - t- , QUESTIONS ? ,,
benefits .' 0'
I
I a
I
i
a
Daycare t
I
r 1
1 _ . Legend - Land Use
Residential
Commerciai
Institutional
OF

CITY OF VISTA
Senate Bill 9
Senate Bill 9 (SB 9)
• Establishes ability to split a lot zoned for single-family residential use into two parcels regardless of minimum lot size (Urban Lot Split) • Establishes ability to develop up to two primary dwellings on a lot zoned for single-family residential use (Two-Unit Housing Development)
• Requires ministerial approval , for which staff is recommending a new Zoning Clearance process

CITY OF VISTA
Senate Bill 9
Development Code Chapter 17.86 - Urban Lot Splits

17.86.010 — Purpose and Intent
• Establishes standards for Urban Lot Splits per CA Gov't Code; supersedes other sections of the Development Code

17.86.020 — Applicability
• Voluntary applications on part of property owner

CITY OF VISTA
Senate Bill 9

17.86.030 — Definitions
• Definitions added that are applicable to Urban Lot Splits or reference other definitions in Development Code
• Urban Lot Split defined as a ministerial application for a parcel map to subdivide an existing legal parcel located within a single-family residential zone into two parcels (as referenced in Gov't Code)
• Flag lot defined , minimum access corridor width is 20 feet • Lot area excludes access corridor of a flag lot • Objective design review, subdivision and zoning standards apply

CITY OF VISTA
Senate Bill 9

17.86.040 — General Eligibility
• Zoning — must be single-family residential zone • Legal Parcel — must have been legally created through Subdivision Map Act • Prohibited locations:
— Prime Farmland or Farmland of Statewide Importance (USDA) — Very High Fire Hazard Severity Zone (CA Dept of Forestry and Fire) — Hazardous Waste Site (CA Dept of Toxic Substances Control) — Earthquake Fault Zone (State Geologist)
— Special Flood Hazard Area or Regulatory Floodway (FEMA) — Conservation Lands (CDFW)
— Habitat for protected Species (State or Federal ESA) — Conservation Easement

\ FP❑
tiJ FD-EC03
Ng
FD--EC03

CITY OF VISTA
y I
Senate Bill 9
a
-
c�
9 S°Y�o�St -'��6rvS�T
�a
W Bo6ter Or E 8o6r�
_ p
FD-EC06
�a North Av m 0�y
2 I
VISTAFP❑
olive
VISTA4gQ n
m FD-ECO2 I3TAFPD
FD-EC01
W
Very High Fire -
;�, hoseWy d q
'r VISTAFP❑ '_ �
h
Hazard Su� i°r
f
VISTAFPD a
a
SeverityZone � n�nRa .�] �a VISTAFP❑
FD-EC04
Y
?`d FD-EC 0 J
o w
"emu;o
4 FaY �a4
� !l15TAFPCI
C' -5 an M arc vs Ht��y
fRdCITY�aloma[A'irp,' a OF

CITY OF VISTA
Senate Bill 9

17.86.050 — Urban Lot Splits - Subdivision Standards • Allowable Lot Types — any legal lot in SFR zone; cannot include through lots unless vehicular access rights are established to one street • Flag Lots — permitted with 20-foot access corridor to a public or private street • Lot lines — must be at right angles or radial to curved streets • Minimum Lot Size — Maximum 40/60 ratio of existing lot size, resulting lots can be no smaller than 1 ,200 SF
• Minimum Lot Width — 25 feet with exception for flag lots — measured at front setback
• Minimum Street Frontage — 25 feet with exception for flag lots • Number of Lots — No more than two new parcels

CITY OF
Senate Bill 9

17.86.050 — Urban Lot Splits - Subdivision Standards (Continued) • Parking — one space per unit with following exceptions:
— If the lot is located within �/2 mile walking distance of public transportation — If the lot is located within one block of a car share vehicle • Existing Structures and Setbacks — No setback for existing structures, but may not straddle property lines; any new structures must meet applicable setbacks • Utility Connections to Existing Structures — Any existing structures located on new parcels must be independently connected to utilities prior to recordation • Grading — Any development triggering the grading ordinance requirements must obtain a grading permit

CITY OF VISTA
Senate Bill 9

17.86.060 — Urban Lot Splits — General Requirements and Restrictions • Adjacent Parcels — May not split parcel again after an Urban Lot Split • Dedication and Easements — City may not require right-of-way dedication or off- site improvements; however, easements for public utilities may be required • Short-Term Rentals — are prohibited (no rental period shorter than 30 days) • Intent to Occupy — Owner must sign affidavit to occupy one of the lots for minimum of three years following Urban Lot Split • Non-Conforming Zoning Conditions — May not require the correction of existing non-conforming conditions for an Urban Lot Split; however, may not create new non-conforming conditions
• Number of Units — No more than two dwelling units per lot following ULS

CITY OF VISTA
Senate Bill 9

17.86.060 — Urban Lot Splits — General Requirements and Restrictions (Continued)
• Restrictions on Demolition — May not require demolition or alteration of the following types of housing :
— Affordable housing for very low, low or moderate income households — Housing subject to any form of rent or price control — Housing that has been occupied by a tenant for past three years • Owner's Rights — Parcel cannot have been rented in past 15 years • Stormwater Management — Urban Lot Split must show compliance with the City's general stormwater permit through grading permit as needed • Utility Providers — Required utilities must be satisfied prior to recordation

CITY OF
Senate Bill 9

17.86.070 — Urban Lot Splits — Approval Process
• Application Type — Ministerial review of a parcel map, tentative parcel map is not required
• Concurrent Submittal — Zoning Clearance required in concert with ULS • Application Filing — An application must be filed with the Community Development Department
• Referral — Review by the City Engineer, Community Development Director, Fire Chief and utility providers prior to recordation
• Denial — Cannot be denied unless there is a "specific, adverse impact upon public safety or the physical environment" that cannot be mitigated • Appeals — Action is ministerial and cannot be appealed

CITY OF VISTA
C A L i F O R N I A
Senate Bill 9
QUESTIONS ON URBAN LOT SPLITS?

ICITY OF VISTA

CITY OF VISTA
Senate Bill 9
Development Code Chapter 18.96 — Two-Unit Housing Developments

18.96.010 — Purpose and Intent
• Establishes standards for Two-Unit Housing Developments per CA Gov't Code; supersedes other sections of the Development Code; further clarifies it is not intended to override CC&Rs of a common interest development

18.96.020 — Applicability
• Voluntary applications on part of property owner

CITY OF VISTA
Senate Bill 9

18.96.030 — Definitions
• Definitions added that are applicable to Two-Unit Housing Developments or reference other definitions in Development Code
• Two-Unit Housing Development defined as a development with no more than two primary dwelling units on a single parcel located within a single-family residential zone (as referenced in Gov't Code)
• Single-family residential zones are R- 1 -6, R- 1 , E- 1 and specific plan areas zoned for single-family residential use
• Objective design review, subdivision and zoning standards apply

CITY OF VISTA
Senate Bill 9

18.96.040 — General Eligibility (identical to Urban Lot Split) • Zoning — must be single-family residential zone • Legal Parcel — must have been legally created through Subdivision Map Act • Prohibited locations:
— Prime Farmland or Farmland of Statewide Importance (USDA) — Very High Fire Hazard Severity Zone (CA Dept of Forestry and Fire) — Hazardous Waste Site (CA Dept of Toxic Substances Control) — Earthquake Fault Zone (State Geologist)
— Special Flood Hazard Area or Regulatory Floodway (FEMA) — Conservation Lands (CDFW)
— Habitat for protected Species (State or Federal ESA) — Conservation Easement

CITY OF VISTA
Senate Bill 9

18.96.050 — Two-Unit Housing Development - Zoning Standards • Air Conditioning Units — AC units or similar equipment must be ground mounted , screened from view and set back at least 3 feet from property line • Building Height — Two stories or 35 feet, whichever is less • Driveways — Each parcel must have single driveway with following requirements:
— Minimum width of 16 feet, unobstructed from street to residence — Minimum depth of 20 feet from front property line — Entirely paved (meeting Fire Department standards) — One driveway cut per parcel
• Fences and Walls — Must comply with typical Development Code standards • Front Yard Paving — No more than 50 percent of front yard setback area

CITY OF VISTA
Senate Bill 9

18.96.050 — Two-Unit Housing Development - Zoning Standards (Continued) • Grading — Any development triggering the grading ordinance requirements must obtain a grading permit
• Landscaping Requirement — Street trees required as follows:
— Street trees spaced at 25 to 35 feet on center
— Minimum 24-inch box street trees required
— Tree species shall be uniform and/or match adjacent, no invasive species • Landscaping Requirement — Slopes (exceeding 4: 1 ratio) as follows:
— One 15-gallon tree per 500 SF and one 5-gallon tree per 1 ,000 SF — One 1 -gallon shrub per 100 SF and one 5-gallon shrub per 200 SF — Groundcover from flats at 12-inces on center or 1 -gallon at 24 inches on center — Reinforced straw matting for erosion control

CITY OF
Senate Bill 9

18.96.050 — Two-Unit Housing Development - Zoning Standards (Continued) • Lighting — must be down shielded and directed away from adjoining properties • Lot Coverage — 60 percent lot coverage for buildings and required driveways • Parking — one space per unit with following exceptions:
— If the lot is located within �/2 mile walking distance of public transportation — If the lot is located within one block of a car share vehicle • Setbacks:

Requirement
Front 20 ft
Property Line Setbacks Sides 4 ft
Rea r 4 ft
Building Separation All Sides 5 ft

CITY OF VISTA
Senate Bill 9

18.96.060 — Two-Unit Housing Development — Design Review Standards • Building Materials — Primary exterior siding shall be wood , stone, brick, stucco, fiber cement or composite wood
• Building Colors — Two colors inclusive of trim , not to exceed four colors • Foundation — Residence placed on permanent foundation , shall not be movable • Rooftop Decks - Prohibited
• Stairways — No exterior stairways
• Windows — Materials and colors to be consistent on all elevations • Utilities — Gas and electric meters on exterior walls of side elevation

CITY OF VISTA
Senate Bill 9

18.96.070 — Two-Unit Housing Development - General Requirements and Restrictions
• Accessory Dwelling Units and Junior ADUs — the following number and type of dwelling units are permitted :
— No more than two units (inclusive of primary units and ADUs/JADU) per parcel with Urban Lot Split
— No more than four units (inclusive of primary units and ADUs/JADU) per parcel with Two-Unit Housing Development
— No ADU or JADU permitted on parcels that use both the Urban Lot Split and Two-Unit Housing Development provisions
• Dwelling Unit Type — Two primary units may be detached , attached , or on top of one another

CITY OF VISTA
Senate Bill 9

18.96.070 — Two-Unit Housing Development - General Requirements and Restrictions (Continued)
• Building and Fire Codes — Apply to all Two-Unit Housing Developments • Storm Water Management — Any Two-Unit Housing Development must show compliance with the City's general stormwater permit through grading permit • Water Meters and Sewer Cleanouts — Existing and proposed water meters and sewer cleanouts must be relocated or installed on the parcel they serve • Encroachment Permit — Required for the installation and/or connection of utilities on each lot
• Impact Fees — all impact fees apply; must be paid prior to issuance of building permit

CITY OF VISTA
Senate Bill 9

18.96.070 — Two-Unit Housing Development - General Requirements and Restrictions (Continued)
• Restrictions on Demolition — (Same as ULS) may not require demolition or alteration of the following types of housing :
— Affordable housing for very low, low or moderate income households — Housing subject to any form of rent or price control — Housing that has been occupied by a tenant for past three years • Owner's Rights — Parcel cannot have been rented in past 15 years • Short-Term Rentals — are prohibited (no rental period shorter than 30 days) • Subdivision and Sales — Except for Urban Lot Split or subdivision under the Subdivision Map Act, subdivision of land or condominium conversion prohibited

CITY OF
Senate Bill 9

18.96.080 — Two-Unit Housing Development - Approval Process • Application Type — Ministerial review of Zoning Clearance • Application Filing — An application must be filed with the Community Development Department
• Building Permits — Zoning Clearance required prior to acceptance of building permit application
• Application of Objective Standards — City may not impose development standards other than those provided ; applied standards may not physically preclude development of unit that is less than 800 SF • Denial — Cannot be denied unless there is a "specific, adverse impact upon public safety or the physical environment" that cannot be mitigated • Appeals — Zoning Clearance is ministerial and cannot be appealed

CITY OF VISTA
Senate Bill 9
Proposed Fees for SIB 9 Projects
• Urban Lot Split: $5,218.59
— Commensurate with the level of staff review required for a Tentative Parcel Map • Two Unit Housing Development: $3,624.08
— Commensurate with the level of staff review required for a Plot Plan • These proposed fees would be adjusted annually consistent with Construction Cost Index (CCI ) for the Los Angeles region , same as all other user fees for Community Development

B 9 Development
s F1guMI
r—
$FR
G.C—>cs. 2
N Dta:.Ul llgwms an nd la x[alo arM do not lrprhA&599 do-Mopnwnt swndarvs mesa innaD"ory far awstrohan purpose anlp $ 9 Development with Urhan Lot Split
Fi s
Ntw:A1 figures er1tMk oG31Fe wid doroxiHqAe S09 6uw�I prtreriLaw dard8.Tha!m-innagas are for ihjnm ien prspaia6onlK C1-fY OF VISTA

CITY OF VISTA
Senate Bill 9

QUESTIONS ON TWO -UNIT HOUSING
DEVELOPMENTS ?

CITY OF VISTA
Senate Bill 9
Development Code Chapter 18.71 - Zoning Clearance

18.71 .010 — Purpose of Chapter
• Ministerial permit issued by Community Development Department to verify proposal is consistent with the applicable zoning designation , development standards, and/or conditions of approval from any prior permit

18.71 .020 — Applicability/Clearance Required
• Zoning Clearance required for any Two-Unit Housing Development application , Urban Lot Split application , or other request as required by the City's codes

CITY OF VISTA
Senate Bill 9

18.71 .030 — Procedure
• Application Filing — An application must be filed with the Community Development Department
• Community Development Director's Action -
- CDD or designee shall review application to confirm it complies with all standards or provisions of the Zoning Code
— Zoning Clearance may take the form of an authorized signature or stamp on the approved set of plans
• On-Site Inspections -
- Not required when application materials clearly comply with the Zoning Code, as determined by the Community Development Director
— Required when application materials do not clearly comply • Post Decision Procedures — action is ministerial and not appealable

CITY OF VISTA
Ob ective Design Standards
Objective Design Standards
• Senate Bill 330 (SB 330) restricts a local agency from applying any development standards to a multi-family residential or mixed-use development that are subjective, i .e. , require any personal or subjective judgment by a public official
• Staff contracted with a design consultant to prepare Objective Design Standards for this purpose
• Proposed standards incorporate the usable standards from the City's Design Guidelines, last updated in 2017

CITY OF
Ob
Site Design
• Address Vehicular Parking and Access, Pedestrian Circulation and Access, Common Usable Open Space, and Private Usable Open Space � I

ENHANCED PAVING
x TREATMENT USING
OC PATTERNED ANOfOR
W j COLORED PAVERS,BRICK,
~ +I OR DECORATIVE COLORED

AND SCORED CONCRETE
I
YH 73 FT
DEEP
if_8.2 Vehicular Parking and Access:Number otAccess Points_ U-0-2.Vehicuiar Parking and Access:Enhanced Paving for Entry Driveways.

CITY OF
Objective
Design
Standards
� PRIMARY VIEWS

PRIMARY VIEWS
Building Design
• Address Building Form , Massing and Articulation ; Common Building and Site Entries; Individual Unit Entry; Windows and Doors; and Materials and Colors

ELEVATION VIEW
VARIATION IN ARCHITECTURAL VARIATION IN ROOF FORM,
5FT'1L�
e e A e e e PARAPET ELEMENTS,SUCH AS SUCH AS GABLE,SHED,OR HIP, S AND CORNICES OR OFFSET ROOF PLANES
• VARIATION IN

ARCHITECTURAL
------- ------
ELEMENT 1S IN MIN :�::__::-----
,7m
30 Fr MAX 30 FT MAX 30 FT MAX
2 Ff MIN 1 - -...._............_......_.....

PLAN VIEW
111.19.2.Building Form,Massing,and Articulation,Wari Plane Variation. Ill-B-5-Building Form,Massing,and Articulation-Rooffines- CITY

CITY OF VISTA
Ob ective Design Standards
Mixed Use Standards
• Address Ground Floor Transparency and Street-Facing Setbacks MIN 50%OF THIS

AREA SHALL BE

OPENINGS
M R R
IE El 21 E7
., .....�. .. 7 FT
+.,,.�....:..........:......�... . 1$IN
MAIL 20 FT LINEAR

WALL LENGTH

WITHOUT AN

OPENING

OF VISTA

CITY OF VISTA
Ob ective Design Standards
Utilitarian Elements
• Address Bicycle Parking ; Trash , Recycling and Green Waste Container Enclosures; Fences and Walls; Lighting ; Equipment and Utility Screening ; Vents and Exhaust; and Downspouts and Drains

CITY OF VISTA
C A L i F O R N I A
Ob ' ective Design Standards
J

QUESTIONS ON OBJECTIVE
STANDARDS ?

ICITY OF VISTA

CITY OF VISTA
Legislative Housing Amendments
The Planning Commission reviewed the proposed code amendments and design guidelines on 9/6 and unanimously recommended approval Staff recommendation :
1 . Introduce and adopt City Council Ordinance No. 2022- , amending Chapter 18.31 of the Vista Development Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units.

2. Introduce and adopt City Council Ordinance No. 2022- , amending Chapter 18.90 of the Vista Development Code regarding Residential Density Bonus Requirements.

3. Introduce and adopt City Council Ordinance No. 2022- , adopting requirements for Two-Unit Housing Developments and Urban Lot Splits in Single-Family Residential Zones to implement Senate Bill No. 9, and adopting requirements for a Zoning Clearance Process.

4. Adopt City Council Resolution No. 2022- , adopting Objective Design Standards for Multi-Family Residential and Mixed-Use Development.

5. Adopt City Council Resolution No. 2022- , adopting user fees for Urban Lot Split and Two-Unit Housing Development applications

A C A L r F 0 F K I A
V T
CITY OF IS
Legislative Housing Amendments
P22=0718
City Council Workshop & Public Hearing
October 4, 2022

Vista City CouncilOctober 4, 2022

Vista City Council
October 4, 2022