Loading...
HomeMy WebLinkAboutPC RES 4513Docusign Envelope ID: 4D9E7406-DBB6-47FE-A654-834918F14326 RESOLUTION NO. 4513 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA DETERMINING THAT THE LOCATION, PURPOSE, AND EXTENT OF THE PROPOSED VACATION OF PUBLIC RIGHT-OF-WAY ADJACENT TO 45 AND 50 AUTO CENTER DRIVE IS IN CONFORMANCE WITH THE CITY OF TUSTIN GENERAL PLAN The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That the property owners of Tustin Lexus at 45 Auto Center Drive (Group 1 Realty, Inc.) and of Tustin Cadillac at 50 Auto Center Drive (NGO Real Estate Holdings LLC) have requested that the City of Tustin vacate 12 feet of right-of-way cul-de-sac in front of each of their respective properties. B. That the acquisition of property from the City of Tustin, adjacent to the automotive sales and service businesses, will facilitate the expansion of the existing auto dealerships by accommodating a needed electrical service upgrade and improving site circulation at the adjacent Lexus dealership. C. That the existing utility easements for Irvine Ranch Water District (IRWD) and the City of Tustin within the fee parcel that will be amended to retain access to existing in -ground utilities within the proposed area of vacation. D. That Section 65402 (a) of the Government Code authorizes the Planning Commission to determine whether the location, purpose, and extent of the proposed disposition of real property is consistent with the General Plan. E. That in accordance with the California Streets and Highways Code, Chapter 4, Section 8312, a local agency is authorized to vacate all or a portion of a street within the City. F. That the City parcels (Exhibit A, Parcels A and B) are not needed for future street right-of-way and Auto Center Drive currently exceeds the 40-foot radius cul-de-sac required. G. That the excess right-of-way being vacated has been found by the Tustin Public Works Department to be unnecessary for any present or future motorist and non -motorist and is a public benefit as it eliminates maintenance costs and liabilities imposed on the City associated with the excess right-of-way area. H. That the proposed vacation furthers Land Use Element Goal 7, which promotes the expansion of the City's economic base and diversification of Docusign Envelope ID: 4D9E7406-DBB6-47FE-A654-834918F14326 PC Resolution No. 4513 Page 2 economic activity, and Land Use Policy 1.5, which encourages compatible and complementary infill of previously bypassed parcels in areas already predominantly developed. That the excess right-of-way will be purchased by the respective owners of 45 and 50 Auto Center Drive and are designated as Planned Community Commercial Business (PCCB) by the City's General Plan. J. That the required public hearing for City Council consideration of vacation of the public right-of-way is currently scheduled for December 2, 2025. K. That the General Plan Conformity determinations required by Government Code Section 65402 (a) are not "projects" requiring environmental review pursuant to the California Environmental Quality Act, pursuant to California Environmental Quality Act (CEQA) Guidelines sections 15060(c)(2) and (3). The Planning Commission hereby determines that the location, purpose, and extent of the proposed vacation of public right-of-way, adjacent to 45 and 50 Auto Center Drive, as shown in Exhibit A attached hereto, is in conformance with the Tustin General Plan. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 14th day of October, 2025. �ESigned by: 234696BE503D4DE... TANNER DOUTHIT Chairperson E Signed by: �t,�a 49EF9FCDA908491... _ ALEXA SMITTLE Planning Commission Secretary APPROVED AS TO FORM: Signed by: Y V l &ALL vajxk •-- 343ADCC695E946B... MICHAEL DAUDT Assistant City Attorney Docusign Envelope ID: 4D9E7406-DBB6-47FE-A654-834918F14326 PC Resolution No. 4513 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ALEXA SMITTLE, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California, that Resolution No. 4513 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14t" day of October, 2025. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Ea49EF9FCDA908491 Signed by: (t,,a SKAi%f{.c. ... ALEXA SMITTLE Planning Commission Secretary Exhibit A: Street Vacation Legal Description Douthit, Kozak, Mason (3) Higuchi (1) Docusign Envelope ID: 4D9E7406-DBB6-47FE-A654-834918F14326 EXHIBIT "A" CITY OF TUSTIN "AUTO CENTER DRIVE" STREET VACATION LEGAL DESCRIPTION BEING A PORTION OF AUTO CENTER DRIVE AS SHOWN IN TRACT NO. 13834 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN MAP BOOK 631, PAGES 49 THRU 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDERS OF SAID COUNTY DESCRIBED AS FOLLOWS: PARrV.T. A THE LAND BOUNDED ON THE NORTH AND EAST BY THE SOUTHWESTERLY LINE OF LOT 1 OF TRACT NO. 13834 AND BOUNDED ON THE SOUTH AND WEST BY THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF TRACT NO. 13834, SAID POINT BEING ON THE NORTHEASTERLY RIGHT-OF-WAY OF AUTO CENTER DRIVE BEING 70 FOOT WIDE, 35 FEET FROM THE CENTERLINE, ON A CURVE HAVING A RADIUS OF 1,235.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 40039121" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 12057101" AN ARC LENGTH OF 279.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1010138" AN ARC LENGTH OF 25.38 FEET TO A POINT OF REVERSE CURVATURE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CONCAVE CURVE THROUGH A CENTRAL ANGLE OF 20014115" AN ARC LENGTH OF 35.32 FEET TO A POINT OF REVERSE CURVATURE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 45 FEET; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55032132" AN ARC LENGTH OF 43.62 FEET TO A POINT DISTANT 12.00 FEET BEARING NORTH 89054143" WEST FROM THE SOUTHERLY CORNER OF SAID LOT 1; THENCE SOUTH 89054143" EAST A DISTANCE OF 5.00 FEET TO POINT "A", THENCE CONTINUING 7.00 FEET TO THE SOUTHERLY CORNER OF SAID LOT 1. RESERVING THE NORTHEASTERLY 5.00 FEET FROM THE ABOVE DESCRIBED LINE TERMINATING AT POINT "A" FOR SEWER AND WATER LINE PURPOSES IN FAVOR OF IRVINE RANCH WATER DISTRICT. SHEET 1 of 3 Docusign Envelope ID: 4D9E7406-DBB6-47FE-A654-834918F14326 EXHIBIT "A" CITY OF TUSTIN "AUTO CENTER DRIVE" STREET VACATION LEGAL DESCRIPTION THE AREA DESCRIBED CONTAINING 912.7 SQUARE FEET. PARCEL B: THE LAND BOUNDED ON THE SOUTH AND WEST BY THE NORTHEASTERLY LINE OF LOT 2 OF TRACT NO. 13834 AND BOUNDED ON THE NORTH AND EAST BY THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 2 OF TRACT NO. 13834, SAID POINT BEING ON THE SOUTHWESTERLY RIGHT-OF-WAY OF AUTO CENTER DRIVE BEING 70 FOOT WIDE, 35 FEET FROM THE CENTERLINE, ON A CURVE HAVING A RADIUS OF 1,165.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 40039121" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 12032122" AN ARC LENGTH OF 254.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1018105" AN ARC LENGTH OF 26.46 FEET TO A POINT OF COMPOUND CURVATURE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CONCAVE CURVE THROUGH A CENTRAL ANGLE OF 22047104" AN ARC LENGTH OF 39.77 FEET TO A POINT OF REVERSE CURVATURE, CONCAVE NORTHERLY HAVING A RADIUS OF 45 FEET; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 167011135" AN ARC LENGTH OF 131.31 FEET TO A POINT DISTANT 12.00 FEET BEARING NORTH 89054143" WEST FROM THE SOUTHERLY CORNER OF LOT 1 OF TRACT NO. 13834; THENCE SOUTH 89054143" EAST A DISTANCE OF 5.00 FEET TO POINT "A", THENCE CONTINUING 7.00 FEET TO THE SOUTHERLY CORNER OF SAID LOT 1. RESERVING THE SOUTHWESTERLY 5.00 FEET FROM THE ABOVE DESCRIBED LINE TERMINATING AT POINT "A" FOR SEWER AND WATER LINE PURPOSES IN FAVOR OF IRVINE RANCH WATER DISTRICT. SHEET 2 of 3 Docusign Envelope ID: 4D9E7406-DBB6-47FE-A654-834918F14326 EXHIBIT "A" CITY OF TUSTIN "AUTO CENTER DRIVE" STREET VACATION LEGAL DESCRIPTION ALSO RESERVING A STRIP OF LAND 40 FEET WIDE, LYING WITHIN AUTO CENTER DRIVE AS SHOWN ON TRACT NO. 13834 FILED IN MAP BOOK 631, PAGES 49 THRU 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDERS OF SAID ORANGE COUNTY, CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY CORNER OF LOT 1 OF TRACT NO. 13834, SAID POINT BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY OF AUTO CENTER DRIVE BEING ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 57.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 89154143" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 54040102" AN ARC LENGTH OF 54.39 FEET TO THE INTERSECTION OF THE CENTERLINE OF A 40 FOOT CITY OF TUSTIN STORM DRAIN EASEMENT AND THE SOUTHEASTERLY RIGHT-OF-WAY AUTO CENTER DRIVE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE CENTERLINE OF THE 40 FOOT CITY OF TUSTIN STORM DRAIN EASEMENT NORTH 27058156" WEST A DISTANCE OF 12.12 FEET TO THE ABOVE DESCRIBED LINE IN PARCEL B. SIDELINES TO BE LENGTHENED OR SHORTENED AS NEEDED TO TERMINATE IN THE ABOVE DESCRIBED LINE IN PARCEL B. THE AREA DESCRIBED CONTAINING 2,131 SQUARE FEET. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ANY PRIOR COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. DANIEL RUBIO, P.L.S. 8239 DATE EXPIRES: 12/31/23 SHEET 3 of 3 Docusign Envelope ID: 4D9E7406-DBB6-47FE-A654-834918F14326 DATE: 1 /17/2023 J.C.A. J.N. 20-2441 SOUTHWESTERLY \CORNER OF LOT 1 TRACT NO. 13834 RADIAL BEARIA(W 10 — N40°39'21 "E 20— N53°11'49"E 30 — N53°36'21 "E NORTHWESTERLY CORNER OF L0 TRACT NO. 138 EXHIBIT "Bn SHEET 1 OF 1 P.O.B. PARCEL A <f CITY OF TUSTIN AUTO CENTER DRVE STREET VACATION °o. SKETCH TO ACCOMPANY LEGAL DESCRIPTION TE S THWESTERLY 3 LINE\\OF LOT 1 T.P.O.B. PARCEL A O.B. PARCEL B \ R=1 165 00' 20010 0 20' �s �°. 14`�cP.° 0=12°3222" SCALE: 1" = 20' L=254.97' o� i \ 'L T.P.O.B. PARCEL B 2 \4�� F \\�6,( O s�f Q�°s,°- v NORTHEASTERLY LINE OF LOT 2 C� �c9 R LAND S�� s0 � RUB G� J v Exp.12 31 23 J� NO. 8239 \� 9TF OF CAL\F�� '4b PROPOSED 5' IRWD SEWER & WATER EASEMENT _EXISTING IRWD EASEMENT RESERVATION PER TRACT 13834 O EXISTING IRWD TO BE QUITCLAIM EASEMENT PER TRACT 13834 \ TO BE QUITCLAIM RDL. �o°o. N89°54'43"W— �= PROPOSED 12.00' 5' IRWD SEWER & WATER EASEMENT RESERVATION OUTHERLY CORNER F LOT 1 TRACT 13834 LEGEND POINT "A" ®DENOTES AREA OF STREET VACATION DENOTES AREA OF EASEMENT TO BE QUITCLAIMED BY IRWD \ �'p DENOTES AREA OF STORM DRAIN xs EASEMENT RESERVATION TO CITY °°. T.P.0.B. TRUE POINT OF BEGINNING \ P.O.B. POINT OF BEGINNING N27°58'56"W 12.12' 167` 11' 35" DANIEL RUBIO, P.L.S. 8239 EXPIRES: 12/31 /23 PARCEL B EXISTING IRWD EASEMENT PER _ DATE TRACT 13834 TO BE QUITCLAIM o11