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cc 2025 AR 06/10 final map - miravar subdivision p22-0218

Vista City Council
June 10, 2025

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cc 2025 AR 06/10 final map - miravar subdivision p22-0218
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June 10, 2025
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Vista City Council
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ACTION:

____________________________
Clerk/Secretary

Department: Engineering Item No: C11
Prepared by:

Daniel Carns, Capital Projects Manager
Sally Rowley, Management Assistant Meeting Date: June 10, 2025 Approved by:

Greg Mayer, Director
John Conley, City Manager Agenda Location: Consent Calendar

SUBJECT: FINAL MAP – MIRAVAR SUBDIVISION (P22-0218)

RECOMMENDATION: Adopt City Council Resolution No. 2025- , approving a Final Map for 34 single- family homes located at 560 and 622 S. Melrose Drive and APN 166-280-61-00.

CORRELATION TO CITY COUNCIL GOALS: Homelessness & Housing.

PRIOR CITY COUNCIL ACTION: On June 27, 2023, adopted City Council Resolution No. 2023- 128, approving a Site Development Plan and Tentative Subdivision Map for 34 single-family homes located at 560 and 622 S. Melrose Drive and APN 166-280-61-00 (Vote 5-0).

A comprehensive list of prior City Council actions is included as Exhibit 5.

PRIOR PLANNING COMMISSION ACTION: On May 16, 2023, the Planning Commission adopted Planning Commission Resolution No. 2023-16, recommending City Council approval of a General Plan Amendment, Zone Change, Site Development Plan and Tentative Subdivision Map for 34 single-family dwelling units located at 560 and 622 S. Melrose Drive and APN 166-280-61-00. (Vote 4-0, De Jesus and Rosaler Absent)

On May 16, 2023, the Planning Commission adopted Planning Commission Resolution No. 2023-15, recommending City Council approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for 34 single-family dwelling units located at 560 and 622 S. Melrose Drive and APN 166-280-61-00. (Vote 4-0, De Jesus and Rosaler Absent)

STATEMENT ON THE SUBJECT: The project site consists of a 5.55-acre site located at the southeast corner of S. Melrose Drive and Matagual Drive, addressed as 560 and 622 S. Melrose Drive, and also known as Assessor’s Parcel Number’s 166-280-18-00, 166-280-60-00, and 166-280-61-00 as shown in Exhibit 1A. A vicinity map is included as Exhibit 2. Discretionary approval of the tentative subdivision map, P22-0218, was granted by the City of Vista City Council on June 27, 2023 (Exhibit 3).

On July 3, 2024, P23-0369, Substantial Conformance Review for a 34-unit small lot subdivision and associated with a Tentative Subdivision Map, inclusive of a Site Development Plan, to develop a residential subdivision on 5.55 acres site located on 560 & 622 S. Melrose Drive was conducted by

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
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MEETING DATE: June 10, 2025 PAGE 2

SUBJECT: FINAL MAP – MIRAVAR SUBDIVISION (P22-0218)

Planning staff. The Site Development Plan and Tentative Subdivision Map were found to be in substantial conformance with the approved plans (Exhibit 4).

The California Subdivision Map Act requires the filing of a final map for any approved tentative map.

Approval of a final map is ministerial if the final map conforms to the approved tentative subdivision map and the developer has complied with all conditions of approval attached to the tentative map. The approved Tentative Subdivision Map provides for 34 single-family dwelling units on 5.55 acres of land. The proposed project is consistent with the General Plan and zoning designations for the site; and the site would be adequately served by all necessary utilities and services.

Both the state Subdivision Map Act and Chapter 17.68 of the Vista Development Code address approval of Final Maps. Section 66458 of the Subdivision Map Act states:

“The legislative body shall, at the meeting at which it received the map or, at its next regularly scheduled meeting after the meeting at which it received the map, approve the map if it conforms to all the requirements of the chapter and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative subdivision map and any rulings made there under. If the map does not conform, the legislative body shall disapprove the map.”

Section 17.68.020 of the Vista Development Code, which addresses City Council approval of Final Maps, states:

“No final map shall be filed in the office of the county recorder until approved by the city council, but such map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map, providing that any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed.”

In addition, Section 17.68.090 of the Vista Development Code requires the Final Map to include a certificate from the City Engineer stating:

1. The City Engineer has examined the final map;

2. The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereto, and that it conforms to all conditions of approval of the tentative map;

3. All provisions of the Subdivision Map Act and of any local ordinance applicable at the time of approval of the tentative map have been complied with; and

4. The City Engineer is satisfied that the map is technically correct.

As set forth in Exhibit 1B, the City Engineer has examined and found that this Final Map as shown is substantially the same as it appeared on the approved Tentative Subdivision Map, conforms to the conditions of approval, and complies with all provisions of the Subdivision Map Act and local ordinances. A licensed land surveyor has also reviewed the Final Map and is satisfied that it is technically correct. This statement and signature with the stamp are shown on the Final Map in accordance with the Subdivision Map Act requirements. Based on this certification, staff recommends that the City Council approve the Final Map.

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

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MEETING DATE: June 10, 2025 PAGE 3

SUBJECT: FINAL MAP – MIRAVAR SUBDIVISION (P22-0218)

EXHIBITS:

1. City Council Resolution No. 2025- , approving a Final Map for 34 single-family homes located at 560 and 622 S. Melrose Drive and APN 166-280-61-00
a. Final Map
b. City Engineer Certification

2. Vicinity Map

3. Tentative Subdivision Map

4. Substantial Conformance Review

5. List of Prior City Council Actions

6. Vista Development Code, Chapter 17.68, entitled “Final Maps”

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00029213 7
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING A FINAL MAP FOR 34 SINGLE-FAMILY HOMES LOCATED AT 560 AND 622 S. MELROSE DRIVE AND APN 166-280- 61-00
The City Council of the City of Vista does resolve as follows:

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

A. A Tentative Subdivision Map for 34 single-family homes located at 560 and 622 S. Melrose Drive and APN 166-280-61-00 was approved by the City of Vista City Council on June 27, 2023
B. A complete application for a Final Map was filed with the City Engineer prior to the expiration date for the Tentative Subdivision Map set by Section 66452.6 of the Government Code.

C. The City Engineer has examined the proposed Final Map, attached as Exhibit A, and determined that the map complies with the requirements for Section 66442 of the Government Code as evidenced by the executed certificate of the City Engineer attached as Exhibit B.

D. The City Engineer has determined that all other provisions to the approval of the Final Map have been satisfied, including without limitation, the dedication of all required land interest, the posting of all required bonds, the execution of all required improvement agreements, compliance with all preconditions set by the Tentative Map, compliance with Chapter 17.68 of the Vista Development Code; and the satisfaction of all other obligations imposed on the applicant in advance of approval of the Final Map.

2. Action.

A. The Final Map is approved.

B. The City Clerk is directed to cause the Final Map to be filed and recorded in the office of records of the County of San Diego Recorder.
[Continued on page 2]
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EXHIBIT 1
RESOLUTION NO. 2025-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00029213 7EXH 01 2025 Resolution template -COV (00029213-8xBECB1).docx

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 10, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

APPROVED
Walter C. Chung
20250602140519

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

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Vicinity Map- Miravar
May 5, 2025
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 200 feet
LD24-016
Print Date: 0 130 26065
ft
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EXHIBIT 3
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P: 760-726-1340 I www.cityofvista.com I F: 760-639-6101 200 Civic Center Drive, Vista, California 92084-6275
J
uly 3, 2024
W
illiam Yen
Tri-Pointe Homes
13520 Evening Creek Drive North, Suite 300
San Diego, CA 92128
R
E: P23-0369, Substantial Conformity Review for a 34 Unit Small Lot Subdivision and associated with a Tentative Subdivision Map, inclusive of a Site Development Plan, to develop a residential subdivision on 5.55 acres site located at 560 & 522 S. Melrose Drive
D
ear Mr. Yen:

C
ity staff has reviewed your final Site Development Plan (SDP) submitted on July 1, 2024, for substantial conformance with the approved TSM and SDP for the site, per Planning Commission Resolution No. 2023-16 and City Council Resolution No. 2023-128 per Planning Case No. P22-0218.

S
taff finds the July 1, 2024, final SDP and TSM submittal in substantial conformance with the approved plans; therefore, no additional Planning approvals are required to begin processing your final grading and building plans for the project.

S
hould you have any questions regarding staff’s determination in this matter, please contact me at (760) 643-5424.

S
incerely,
R
affi Mangassarian
Associate Planner
cc:

Patsy Chow, Assistant Director of Community Development Michael Ressler, City Planner
A
ttachment: Final SDP and TSM
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EXHIBIT 4
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Prior City Council Actions
Final Map – Miravar Subdivision P22-0218
O
n June 27, 2023, adopted City Council Resolution No. 2023-128, approving a Site Development Plan and Tentative Subdivision Map for 34 single-family homes located at 560 and 622 S. Melrose Drive and APN 166-280-61-00. (Vote 5-0) O
n June 27, 2023, adopted City Council Resolution No. 2023-127, authorizing and approving the Summary Vacation of a Scenic Tree Easement on APN 166-280-60 (Vote 5-0) O
n June 27, 2023, adopted City Council Resolution No. 2023-126, amending the General Plan Land Use Designation from Commercial Office (CO) and Medium Low Density Residential (MLD) to Medium Density Residential (MD) on three parcels located at 560 and 622 S. Melrose Drive and APN 166-280-61-00. (Vote 5-0)
O
n June 27, 2023, adopted City Council Resolution No. 2023-125, approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for 34 single-family dwelling units located at 560 and 622 S. Melrose Drive and APN 166-280-61-00. (Vote 5-0) 06/10/2025
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EXHIBIT 5
Vista Municipal Code
Chapter 17. 68
Final Maps
Sections:

17. 68. 010 Conformance with Requirements

17. 68. 020 City Council Approval

17. 68. 030 Filing Portion of Approved Map

17. 68. 040 Required Offer of Dedication

17. 68. 050 Grant of Open Space Easement

17. 68. 060 Recording

17. 68. 070 Condominiums, Community Apartments and Stock Cooperatives

17. 68. 080 Final Map Preparation and Filing

17. 68. 090 Certificates on Final Maps

17. 68. 100 Title Company Certificate and Report

17. 68. 110 Title Company Subdivision Guarantee
Section 17. 68. 010 Conformance with Requirements
All final maps shall conform to the requirements of the Subdivision Map Act and this chapter and also shall conform to the requirements specified in the action of the City Council approving or conditionally approving the tentative map. All final maps shall be in the form and shall contain and be accompanied by the data specified by the rules and regulations approved by the Director of Planning and the City Council.

Prior Code 28- 5. 1. 1)
Section 17. 68. 020 City Council Approval
No final map shall be filed in the Office of the County Recorder until approved by the City Council, but such map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map, providing that any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The City Council may waive any failure of the map to meet such requirements and conditions if such failure is a result of a technical and inadvertent error, which in the determination of the City Council, doesn' t materially affect the validity of the map.

Prior Code 28- 5. 1. 2)
Section 17. 68. 030 Filing Portion of Approved Map
A final map may be filed for a portion of the land encompassed within an approved tentative map, provided the City Council has approved such a filing in its approval of the tentative map.

Prior Code 28- 5. 1. 3)
Section 17. 68. 040 Required Offer of Dedication
As a condition precedent to the approval by the City Council of any final map, all parcels of land shown thereon and intended for any public use shall be offered for dedication for public use except those parcels, other than streets, intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants.

Prior Code 28- 5. 1. 4)

17. 68 ( l) Vista 4/ 27/ 11)
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EXHIBIT 6
Vista Municipal Code
Section 17. 68. 050 Grant of Open Space Easement
In the event that a grant of an open space easement is to be made over any portion of the subdivision, the final map shall contain a certificate signed and acknowledged by those parties having any record title interest in the subdivided land granting such open space easement and stating the conditions of the grant.

Prior Code 28- 5. 1. 5)
Section 17. 68. 060 Recording
All final maps or parcel maps approved pursuant to the Subdivision Map Act and this chapter shall be transmitted to the county recorder for filing within ten calendar days of such approval, and such time may not be extended.

Prior Code 28- 5. 1. 16)
Section 17. 68. 070 Condominiums, Community Apartments and Stock Cooperatives The City Council shall not approve a final map for a subdivision to be created from a conversion of a residential real property into a condominium project, a community apartment project or a stock cooperative unless it finds that:

A. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received written notification of the intention to convert at least sixty days prior to the filing of a tentative map.

B. There shall be a further finding that each such tenant and each person applying for the rental of a unit in such residential real property has or will have received all applicable notices and rights now or hereafter required by the Subdivision Map Act, this chapter and Title 18 of this code.

C. In addition, a finding shall be made that each tenant will or has received ten days written notification that an application for a public report will be or has been submitted to the department of real estate and that such report will be available upon request. Written notices to tenants required by this subsection shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

D. Each of the tenants of the proposed stock cooperative, condominium or community apartment project has been given written notification ten days prior to the approval of a final map for the proposed conversion.

E. Each of the tenants of the proposed condominium, community apartment project or stock cooperative has or will be given 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. Provisions of this subsection shall not alter or abridge the rights or obligations of parties in performance of their covenants including, but not limited to, the provisions of services, payment of rent or the obligations imposed by Sections 1941, 1941. 1 and 1941. 2 of the Civil Code.

F. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project, has been given notice of the exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The rights shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018. 2 of the Business and Professions Code unless the tenant gives prior written notice of his or her intention not to exercise that right and a copy has been given to the Director of Planning. A copy of all such notification and proof of receipt shall be submitted to the Director of Planning within five days of the date of the notification unless otherwise allowed by this chapter. Failure to so notify or give proof of notification shall void the final map.

Prior Code 28- 5. 1. 7)

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Vista Municipal Code
Section 17. 68. 080 Final Map Preparation and Filing
Unless otherwise provided in this chapter, a final map shall be prepared and filed pursuant to an approved tentative map for every major subdivision.

Prior Code 28- 5. 2. 1)
Section 17. 68. 090 Certificates on Final Maps
In addition to all certificates required by the Subdivision Map Act, all final maps shall have the following certificates or endorsements:

A. A certificate by the County Treasurer, City Treasurer, City Engineer, City Clerk, Clerk of the Vista Sanitation District, and the Director of Sanitation and Flood Control, to the effect that there are no unpaid special assessments or bonds which may be paid in full shown by the records in their offices against the subdivision or any part thereof; B. A certificate by the Clerk of the Board of Supervisors that the provisions of Division 2 of Title 7 of the Government Code have been complied with regarding deposits for taxes on the property within the subdivision;
C. Approval by the county recorder of the tract number designation of the subdivision as assigned by the city;
D. Certificate of the County Recorder as to the recordation of the map; E. Certificate of engineer or surveyor responsible for surveying; F. A certificate of the City Engineer stating:

1. He has examined the final map,

2. The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof, and that it conforms to all conditions of approval of the tentative map,

3. All provisions of the Subdivision Map Act and of any local ordinances applicable at the time of approval of the tentative map have been complied with, and

4. He is satisfied the map is technically correct;
G. A certificate signed by an officer of the City charged with overseeing the City' s implementation of CEQA stating the status of the subdivision with regard to CEQA; H. Other certificates as are appropriate.

Prior Code 28- 5. 3. 1)
Section 17. 68. 100 Title Company Certificate and Report Every final map submitted to the City Council shall bear the certificate of a qualified title company that the parties who executed the owner' s certificate required by Section 66436 of the Subdivision Map Act are all the parties having any record title interest in the land subdivided.

Said certificate shall also set forth the names of the parties owning the interests set forth in Section 66436 of said act together with a description of such interests and the reasons the parties did not execute the owner' s certificate. The City Clerk shall notify the title company making such certificate of the date the final map will be transmitted to the County Recorder.

Such notification shall be made at least 48 before said date. The title company shall, on said date, present to the County Recorder a letter stating that on said date the names of the parties and the other facts set forth in the title company' s certificate were the same as shown by the certificate.

Prior Code 28- 5. 3. 2)

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Vista Municipal Code
Section 17. 68. 110 Title Company Subdivision Guarantee A. In lieu of the title company certificate required by Section 17.68. 100, there may be filed with the City Engineer a subdivision guarantee from a qualified title insurance company which guarantees that the parties named therein are the only parties having any record title interest in the land subdivided.

B. The owner' s certificate required by Section 66436 of the Subdivision Map Act shall bear the signatures of all parties owning any record title interest in the land subdivided except those which have been omitted pursuant to Section 66436 of the Subdivision Map Act.

The names of any parties who own interests described in Section 66436 of the Subdivision Map Act and who have not signed the owner' s certificate shall be set forth in the owner' s certificate together with a description of their respective interests and the reasons why they have not signed the certificate.

C. The City Clerk shall notify the title company furnishing the subdivision guarantee of the date the final map will be transmitted to the County Recorder. Such notification shall be made at least 48 hours before said date. The title company shall, on said date, present to the County Recorder, pursuant to the requirements of Section 66465 of the Subdivision Map Act, a letter stating that at the time of filing of the final or parcel map in the Office of the County Recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by Division 2 of Title 7 of the Government Code, as shown by the records in the Office of the County Recorder.

Prior Code 28- 5. 3. 3)

17. 68 ( 4) Vista 4/ 27/ 11)
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