ACTION: Opened, conducted and closed the public hearing; and introduced and adopted City Council Ordinance No. 2026-05, amending Section 19.08.012 of the Vista Development Code relating to the Excavation of Streets Moratorium. Vote: 5-0.
____________________________
Clerk/Secretary
Department: Engineering Item No: PH4
Prepared by:
Matt Atteberry, CIP Engineering Division
Manager Meeting Date: May 26, 2026
Approved by:
Greg Mayer, Engineering Director
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: AMEND CHAPTER 19.08 – VISTA DEVELOPMENT CODE
RECOMMENDATION:
1.Open, conduct and close a public hearing to receive public testimony; and
2. Introduce and adopt City Council Ordinance No. 2026- , amending Section 19.08.012 of the Vista Development Code relating to the Excavation of Streets Moratorium.
CORRELATION TO CITY COUNCIL GOALS: Traffic: Continue to enhance mobility safety, improve the flow of traffic for all forms of travel, reduce congestion, and improve our roads and sidewalks.
PRIOR ACTION: On May 27, 2008, amended Title 19, Chapter 19.08 by adding Sections 19.08.012,
19.08.014 and 19.08.016 of the Vista Development Code relating to excavations in new streets and restoration of streets after excavation.
On February 13, 2007, directed staff to commit, on a first priority basis, $1,000,000 per year for the next four years from the year-end fund balance to improve the condition of city streets (Vote: 4-0, Campbell absent).
STATEMENT ON THE SUBJECT: The public street system is one of the City’s most visible and valuable assets. Currently, the total replacement value of the City’s pavement network has been determined to be $516,201,400. Each year, the City performs various street rehabilitation and maintenance procedures by using different types of repair measures, from slurry seal to the more costly asphalt concrete overlay and reconstruction. The annual repairs are necessary to maintain the integrity of the city streets. Costs for the repairs have significantly increased over the years based on several factors such as rising costs of materials, increased traffic volumes contributing to the wear of street surfaces, and damage to the city streets by other activities.
At issue is the process of trench cutting or excavations into newly surfaced streets by utility companies and developers. Excavations in paved streets degrade and reduce the strength and life of the pavement no matter how well the excavation is restored. This process damages the newly paved streets, and creates additional paving maintenance costs for the City.
Currently, Section 19.08.012 establishes a three year “no cut” moratorium following the completion of street paving and one year following chip sealing or slurry seal coating. By extending the “no cut” moratorium, AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
05/26/2026 PH4 Page 1 of 5
MEETING DATE: May 26, 2026 PAGE 2
SUBJECT: AMEND CHAPTER 19.08 – VISTA DEVELOPMENT CODE streets will continue to look new and will last longer before needing repairs in the affected areas. Recent complaints from residents have prompted staff to reconsider the time limits stated in the Code section.
Staff recommends amending Section 19.08.012 relating to excavations in newly paved streets to impose a “no cut” moratorium of five years following completion of street paving and three years following chip sealing or slurry seal coating.
The proposed amendments would be categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, Existing Facilities, because they are limited to temporal changes in the application of the excavation of streets moratorium for existing public streets and therefore constitute the operation, repair, maintenance, or minor alteration of existing facilities with negligible or no expansion of use.
FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation.
EXHIBITS:
1.City Council Ordinance No. 2026- , amending Section 19.08.012 of the Vista Development Code relating to the Excavation of Streets Moratorium
2.Redlined version of Title 19, Chapter 19.08
05/26/2026 PH4 Page 2 of 5
ORDINANCE NO. 2026-
AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING SECTION 19.08.012 OF THE VISTA
DEVELOPMENT CODE RELATING TO THE EXCAVATION OF STREETS
MORATORIUM
The City Council of the City of Vista does ordain as follows:
1. Findings. The City Council hereby finds and declares the following:
A. This ordinance is enacted by the City Council pursuant to the authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.
B.The City Council finds and determines that the adoption of this ordinance would be categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, Existing Facilities, because the proposed amendments are limited to temporal changes in the application of the excavation of streets moratorium for existing public streets and therefore constitute the operation, repair, maintenance, or minor alteration of existing facilities with negligible or no expansion of use.
C. On May 26, 2026, the City Council held a public hearing regarding the proposed amendments to the Vista Municipal Code and Vista Development Code. 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.
2. Code Amendment.
A. Chapter 19.08 of the Vista Development Code is amended to read as follows:
“Chapter 19.08
Street, Sidewalk and Driveway Improvements
Sections:
19.08.010 Permit Required
19.08.012 Excavation of Streets Moratorium
19.08.014 Restoration of Excavated Streets
19.08.016 City’s Right to Restore Surface
19.08.020 Residential Driveways - Permit - Definitions
19.08.030 Fees and Deposits Established by Resolution
19.08.040 Application Required -Plans -Work by Licensed Contractors in Public Places
19.08.050 Release of Liability
19.08.060 Denial of Permit - Prosecution and Progress - Completion of Work by City
19.08.070 Permit Conditions - Changes in Work - Standard Specifications Adopted - Testing - Safety Precautions - Removal of Unsatisfactory Work
19.08.080 Hearing and Approval by City Council Required
19.08.090 Supplemental Improvements - Reimbursement of Properties Benefitted
19.08.100 Supplemental Improvements – Hearings - Reimbursement Charges and Agreements
19.08.110 Repayment
05/26/2026 PH4 Page 3 of 5EXHIBIT 1
ORDINANCE NO. 2026-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
Section 19.08.010 (no changes)
Section 19.08.012 Excavation of Streets Moratorium
A. No excavation shall be made through the final paving course of any city street prior to, nor within five years following the date of, completion and acceptance of any work of paving or repaving, or three years, in the case of chip sealing or seal coating of city streets, except for emergency repairs or service.
B. In those cases where a party must excavate within the five year or three year periods as set forth in Subsection A above, the party requesting authorization to excavate shall agree to replace the affected street section in accordance with established City standards including, but not limited to, those described in Section 19.08.014. This moratorium shall apply to all persons, including but not limited to public utilities or other companies either under regulation of the State Public Utilities Commission or under franchise, license, or permit granted by the City, and having the right, either by general or special permission to excavate in public streets to construct, maintain or repair their facilities.
Section 19.08.014 through Section 19.08.110 (no changes)”
3. Severability. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language.
4. Effective Date. This Ordinance shall be in full force and effect on the thirty-first day following the date of its adoption.
5. Adoption. INTRODUCED and ADOPTED at a meeting of the City Council of the City of Vista held on May 26, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20260518093138
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
05/26/2026 PH4 Page 4 of 5
Vista Municipal Code
19.08 (1)
Chapter 19.08
Street, Sidewalk and Driveway Improvements
Sections:
19.08.010 Permit Required
19.08.012 Excavation of Streets Moratorium
19.08.014 Restoration of Excavated Streets
19.08.016 City’s Right to Restore Surface
19.08.020 Residential Driveways - Permit - Definitions
19.08.030 Fees and Deposits Established by Resolution
19.08.040 Application Required -Plans -Work by Licensed Contractors in Public Places
19.08.050 Release of Liability
19.08.060 Denial of Permit - Prosecution and Progress - Completion of Work by City
19.08.070 Permit Conditions - Changes in Work - Standard Specifications Adopted - Testing - Safety Precautions - Removal of Unsatisfactory Work
19.08.080 Hearing and Approval by City Council Required
19.08.090 Supplemental Improvements - Reimbursement of Properties Benefitted
19.08.100 Supplemental Improvements – Hearings - Reimbursement Charges and Agreements
19.08.110 Repayment
Section 19.08.010 (no changes)
Section 19.08.012 Excavation of Streets Moratorium
A.No excavation shall be made through the final paving course of any city street prior to, nor within three five years following the date of, completion and acceptance of any work of paving or repaving, or one three years, in the case of chip sealing or seal coating of city streets, except for emergency repairs or service.
B.In those cases where a party must excavate within the three five years or one three year periods as set forth in Subsection A above, the party requesting authorization to excavate shall agree to replace the affected street section in accordance with established City standards including, but not limited to, those described in Section 19.08.014. This moratorium shall apply to all persons, including but not limited to public utilities or other companies either under regulation of the State Public Utilities Commission or under franchise, license, or permit granted by the City, and having the right, either by general or special permission to excavate in public streets to construct, maintain or repair their facilities.
Section 19.08.014 through Section 19.08.110 (no changes) 05/26/2026 PH4 Page 5 of 5EXHIBIT 2