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HomeMy WebLinkAbout10 VACATION OF A PORTION OF AUTO CENTER DRIVEDocusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 MEETING DATE TO: FROM: SUBJECT: ��11J�IJi1_1:TE Agenda Item 10 AGENDA REPORT Reviewed: FatsInitial City Manager Finance Director DECEMBER 2, 2025 ALDO E. SCHINDLER, CITY MANAGER MICHAEL GRISSO, DIRECTOR OF PUBLIC WORKS BRIAN MONCRIEF, DEPUTY CITY MANAGER — REAL PROPERTY VACATION OF A PORTION OF AUTO CENTER DRIVE California Streets and Highways Code authorizes the City Council to vacate all or a portion of a street within the City when it is no longer necessary for current or prospective public street purposes, either on its own initiative or upon request of an interested party. A request was received from the owners of Tustin Lexus and Tustin Cadillac to vacate a 12-foot wide strip of right-of-way around the perimeter of the Auto Center Drive cul-de-sac adjacent to their properties, reducing the curb radius to 40 feet. On November 4, 2025, the City Council adopted Resolution No. 25-21 declaring its intent to vacate and set a public hearing for December 2, 2025. Additionally, pursuant to the Surplus Land Act, the City Council must make findings and adopt a resolution declaring property to be conveyed as exempt surplus land. RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Conduct the Public Hearing to vacate a portion of Auto Center Drive; and 2. Adopt Resolution No. 25-68 ordering the vacation of a portion of Auto Center Drive; and 3. Adopt Resolution No. 25-69 declaring the portion of Auto Center Drive to be vacated as exempt surplus land pursuant to California Government Code Section 54221(f)(1)(E) and the Final Updated Surplus Land Act Guidelines Section 103(c)(6); and 4. Authorize the City Manager to submit the appropriate documentation to the California Department of Housing and Community Development in connection with Resolution No. 25-69; and 5. Authorize the City Manager to take all actions and execute agreements necessary or appropriate to complete the vacation and transfer. Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 City Council Agenda Report Vacation of a Portion of Auto Center Drive December 2, 2025 Page 2 FISCAL IMPACT: The City obtained an appraisal determining the fair market value of Parcel A and Parcel B, depicted in Resolution No. 25-68, to be $14,000 and $30,000, respectively. If the proposed street vacation is approved, the adjacent property owners have agreed to pay fair market value at the above noted prices with proceeds deposited to the General Fund. CORRELATION TO THE STRATEGIC PLAN: The vacation of a portion of Auto Cente Strategic Plan Goal A: Economic and implementation of Strategy 5, which is to for economic development purposes. BACKGROUND AND DISCUSSION: Vacation r Drive contributes to the fulfillment of the City's Neighborhood Development by supporting the strengthen and facilitate business relationships Auto Center Drive is a public street within the Tustin Auto Center, terminating in a cul-de- sac at the southeasternmost corner of the Center, adjacent to the Tustin Lexus and Tustin Cadillac properties. The existing street right-of-way was dedicated to the City under Tract Map No. 13834. California Streets & Highways Code (SHC) Section 8312 authorizes the City Council to vacate all or a portion of a public street within the City when it is no longer necessary for current or prospective public street purposes pursuant to procedures outlined in SHC Sections 8320-8325. Proceedings may be initiated by the legislative body on its own or upon a petition or request of an interested party. On November 5, 2024, Sagecrest Plan ning+Environmental submitted a letter on behalf of Tustin Lexus and Tustin Cadillac (Attachment 3), requesting the City vacate a 12-foot wide strip around the perimeter of the cul-de-sac, reducing the right-of-way radius from 57 feet to 45 feet and the curb radius from 52 feet to 40 feet, with the curb & gutter, sidewalk, and utility relocation improvements to be constructed by the applicant. Consistent with Resolution No. 25-68, the vacated land would be conveyed to the adjacent property owners and absorbed back into their respective properties via a subsequent lot line adjustment process. Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 City Council Agenda Report Vacation of a Portion of Auto Center Drive December 2, 2025 Page 3 Potential impacts to the daily activities of delivery trucks were evaluated by means of a traffic cone study (Attachment 4). The study demonstrated the proposed modifications would not impact daily activities, as witnessed by Auto Center management personnel and confirmed by the Tustin Auto Center Merchant's Association in a letter dated November 17, 2021 (Attachment 5). The proposed cul-de-sac modification will require restricted parking to meet Orange County Fire Authority minimum cul-de-sac requirements of a 40-foot curb radius, with no parking allowed. SHC Section 8340 provides that the City must reserve easements for existing utilities. The resolution vacating the right-of-way will reserve easements to the City of Tustin for storm drain purposes and to Irvine Ranch Water District for sewer and water purposes. No other utilities are impacted. The vacation is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 — Existing Facilities). The project involves minor modifications to an existing cul-de-sac in the public right-of-way that does not impact the operation of the street for commercial traffic to adjacent businesses along Auto Center Drive. The addition of the vacated land to the properties at 45 and 50 Auto Center Drive will result in a negligible expansion of the existing automotive sales and service uses, as no physical improvements are proposed on private property. A Notice of Exemption has been prepared and will be recorded with the Orange County Recorder's Office. Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 City Council Agenda Report Vacation of a Portion of Auto Center Drive December 2, 2025 Page 4 On October 14, 2025, the Planning Commission supported a determination that the street vacation is consistent with the General Plan, pursuant to Government Code Section 65402. On November 4, 2025, pursuant to procedures outlined in Sections 8320-8325 of the California Streets and Highways Code, the City Council adopted Resolution No. 25-21 declaring its intent to vacate and set a public hearing for December 2, 2025. Notice of the public hearing was published at least 15 days in advance and posted at three locations within the portion of the street to be vacated. Exempt Surplus Land The Surplus Land Act (SLA) defines the process for local agencies to follow when disposing of surplus parcels of land owned in fee that are no longer needed for the City's use. The SLA sets general timelines for posting notification of available surplus property, defines the process for negotiating with an affordable housing developer in the event one expresses interest, and the process for disposition, absent any notification of interest or in the event negotiations do not result in a sale to a qualifying affordable housing developer. Assembly Bill 1486 (Ting, 2019) significantly amended the terms of the SLA, as well as added substantial penalties for noncompliance. The California Housing and Community Development (HCD) Surplus Land Act Guidelines (HCD Guidelines) for compliance with the SLA were published in April 2021. Assembly Bill 480 (Ting, 2023) and Senate Bill 747 (Caballero, 2023) clarified elements of the SLA and provided new or consolidated exemption options for surplus land. HCD has also issued Final Updated Surplus Land Act Guidelines (Final Updated SLA Guidelines) to reflect new legislation, which were adopted on August 1, 2024. Government Code Section 54221(f)(1)(E) allows for an exemption from the SLA for land that is a former street, right-of-way, or easement, and is conveyed to an owner of an adjacent property. Resolution 25-69 states the findings and declares the portion of Auto Center Drive to be vacated as exempt surplus land pursuant to Government Code 54221(f)(1)(E) and the Final Updated SLA Guidelines Section 103(c)(6). Conveyance The City will convey the parcels to the owner upon completion of City Council action, review by HCD for compliance with the SLA, the agreed public improvements are completed to the satisfaction of the City and payments for said properties are received. Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 City Council Agenda Report Vacation of a Portion of Auto Center Drive December 2, 2025 Page 5 Signed by: l (,lAAd GV'iSSb WffaegE°risso Director of Public Works Attachments: Signed by: agVRg ,S (el. by� cy � 4 ndf IZIVIU3�I&ef Deputy City Manager — Real Property 1. Resolution No. 25-68 2. Resolution No. 25-69 3. Letter of Request 4. Traffic Cone Study 5. Letter of Support — Tustin Auto Merchants' Association Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 ATTACHMENT 1 RESOLUTION NO. 25-68 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 RESOLUTION 25-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF AUTO CENTER DRIVE WHEREAS, on November 4, 2025, the City Council of the City of Tustin adopted Council Resolution No. 25-21 declaring the intention of the Council to vacate a portion of the cul-de-sac near 45 and 50 Auto Center Drive; and WHEREAS, on October 14, 2025, the Planning Commission of the City of Tustin adopted Resolution No. 4513 determining that the location, purpose, and extent of the proposed vacation of public right-of-way and disposition of property is in conformance with the Tustin General Plan; and WHEREAS, A Public Hearing was held on December 2, 2025 before the City Council of the City of Tustin hearing evidence offered by all persons interested in the proposed vacation; and WHEREAS, notice of said Public Hearing was duly made by publication, mailing, and posting as required by law, and such notice is on file with the City Clerk of the City of Tustin; and WHEREAS, no protests were filed with or received by the City Council; and WHEREAS, the City Council finds that the public interest will be served by extinguishing the City's interest in the specified portion of the Auto Center Drive right-of- way. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Tustin that: Section 1. The foregoing recitals are true and correct and are incorporated by reference herein. Section 2. The 12-foot-wide portion of the Auto Center Drive right-of-way adjacent to the properties at 45 and 50 Auto Center Drive is unnecessary for present or prospective public street purposes. Section 3. In accordance with the City Council's findings, and pursuant to California Streets and Highways Code Section 8324, the City of Tustin hereby vacates a portion of the cul-de-sac adjacent to the properties at 45 and 50 Auto Center Drive described in Exhibit A and shown for illustrative purposes on Exhibit B. Section 4. The City Council hereby orders that all existing easements shall be carried forward on the new parcel map. Resolution 25-68 Page 1 of 3 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 Section 5. The City of Tustin reserves the right to come upon the property and remove any street sign(s) and pole(s) within sixty (60) days of recording of this Order. Section 6. Prior to recordation of this Resolution of Vacation, the owner(s) of the real properties at 45 and 50 Auto Center Drive shall, at their sole expense, cause the following improvements to be made to the Auto Center Drive cul-de-sac: new concrete curb and gutter, sidewalk, driveway aprons, asphalt paving, reconstruct curb inlet catch basin with storm drain connection, street light relocations, fire hydrant relocation, and water meter relocations. Such improvements shall be made to the reasonable satisfaction of the City's Public Works Director. Section 7. Prior to recordation of this Resolution of Vacation, the owner(s) of the real properties at 45 and 50 Auto Center Drive shall pay to City the fair market value of Parcel A and Parcel B depicted in Exhibit B, appraised to be $14,000 and $30,000, respectively. Section 8. The Clerk of the City of Tustin is instructed, pursuant to California Streets and Highways Code Section 8324, not to record this Resolution of Vacation until the City's Public Works Director finds that the conditions required by the City Council have been satisfied. Thereafter, the Clerk of the City of Tustin shall cause a certified copy of this Resolution of Vacation, attested by said Clerk, under the seal of the City of Tustin, to be recorded in the Office of the Recorder of the County of Orange, State of California. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 2nd day of December 2025. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: F cuSigned by: Z19 DA 'EAKcEKI`DIG, City Attorney /msd/ Resolution 25-68 Page 2of3 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 25-68 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 2nd day of December, 2025 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Resolution 25-68 Page 3 of 3 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 EXHIBIT "A" CITY OF TUSTIN "AUTO CENTER DRIVE" STREET VACATION LEGAL DESCRIPTION Resolution 25-68 Page 4 of 5 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 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: PAPrP.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 40039'21" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 12057'O1" AN ARC LENGTH OF 279.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1010'38" 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 20014'15" 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 55032'32" AN ARC LENGTH OF 43.62 FEET TO A POINT DISTANT 12.00 FEET BEARING NORTH 89054'43" WEST FROM THE SOUTHERLY CORNER OF SAID LOT 1; THENCE SOUTH 89054'43" 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: 97A90435-EAB8-4201-9E33-68F794BOF8F3 EXHIBIT "A" CITY OF TUSTIN "AUTO CENTER DRIVE" STREET VACATION LEGAL DESCRIPTION THE AREA DESCRIBED CONTAINING 912.7 SQUARE FEET. D1112r'Ti'T. T2 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 40039'21" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 12032'22" AN ARC LENGTH OF 254.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1018'05" 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 22047'04" 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 167011'35" AN ARC LENGTH OF 131.31 FEET TO A POINT DISTANT 12.00 FEET BEARING NORTH 89054'43" WEST FROM THE SOUTHERLY CORNER OF LOT 1 OF TRACT NO. 13834; THENCE SOUTH 89054'43" 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: 97A90435-EAB8-4201-9E33-68F794BOF8F3 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 89054' 43" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 54040'02" 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 27058'56" 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: 97A90435-EAB8-4201-9E33-68F794BOF8F3 EXHIBIT "B" CITY OF TUSTIN "AUTO CENTER DRIVE" STREET VACATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION Resolution 25-68 Page 5 of 5 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 DATE: 1 /17/2023 J.C.A. J.N. 20-2441 1 O SOUTHWESTERLY CORNER OF LOT 1 TRACT NO. 13834 RADIAL BEARNNGS 10 - N40°39'21 "E 02 - N53-11'49"E N53°36'21 "E NORTHWESTERL CORNER OF LO 2 TRACT No. 1383 00 EXHIBIT "BI SHEET 1 OF 1 P.O.B. PARCEL A q��f CITY OF TUSTIN s s. AUTO CENTER DRVE STREET VACATION °o. SKETCH TO ACCOMPANY LEGAL DESCRIPTION -57 S THWESTERLY 3 LINE'\OF LOT 1 bO T.P.O.B. PARCEL A Q9 67 O.B. PARCEL B \ R=1 165 00' 20' s0 10' 0 20' �s °' o .sass o =123222" SCALE: 1" = 20' L=254.97' \ 'L T.P.O.B. PARCEL B 261. s� o °so 9 NORTHEASTERLY LINE OF LOT 2 CA LAND �c9 R \s Exp.12 31 23 J� NO. 8239 \P 9TF OF CAS-\F��� `moo p0 PROPOSED 5' IRWD SEWER & WATER EASEMENT EXISTING IRWD EASEMENT RESERVATION rPER 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 Q. ,13834 LEGEND POINT "A" ®DENOTES AREA OF STREET VACATION DENOTES AREA OF EASEMENT TO BE QUITCLAIMED BY IRWD DENOTES AREA OF STORM DRAIN F7771EASEMENT RESERVATION TO CITY O, T.P.O.B. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING N27°58'56"W 12.12' A=16T11'35" DANIEL RUBIO, P.L.S. 8239 DATE EXPIRES: 12/31 /23 PARCEL B EXISTING IRWD EASEMENT PER _ TRACT 13834 TO BE QUITCLAIM Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 ATTACHMENT 2 RESOLUTION NO. 25-69 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 RESOLUTION NO. 25-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF PORTIONS OF AUTO CENTER DRIVE AS EXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(E) AND THE FINAL UPDATED SURPLUS LAND ACT GUIDELINES SECTION 103(c)(6) WHEREAS, the City of Tustin (City) owns certain real property consisting of a portion (approximately 3,044 SF) of Auto Center Drive (the "Site"); and WHEREAS, the owners of the adjacent property located at 45 Auto Center Drive and 50 Auto Center Drive desire to acquire the Site; and WHEREAS, the California Legislature established the Surplus Land Act (SLA) for local agencies to follow when disposing of surplus properties no longer needed for government use; and WHEREAS, on October 9, 2019, California Governor Gavin Newsom signed Assembly Bill 1486 (Ting) into law, making substantive amendments to the SLA effective January 1, 2020; and WHEREAS, in April 2021, Surplus Land Act Guidelines were published by the California Housing and Community Development Department (HCD) with additional SLA guidance; and WHEREAS, on October 11, 2023, California Governor Gavin Newsom signed Assembly Bill 480 (Ting) and Senate Bill 747 (Caballero) into law, which clarified elements of the SLA and provided additional exemption options; and WHEREAS, on August 1, 2024, the Final Updated Surplus Land Act Guidelines were released by HCD with revisions based on implementation and recent legislation; and WHEREAS, the SLA requires local agencies to declare land as "surplus land" or "exempt surplus land" prior to disposing of property owned by the local agency; and WHEREAS, the Site satisfies all of the exemption requirements specified by Section 54221(f)(1)(E) of the Government Code and Section 103(c)(6) of the Final Updated Surplus Land Act Guidelines as follows: a) The Site is a former street, right or way, or easement, and is conveyed to an owner of an adjacent property. Resolution 25-69 Page 1 of 3 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN, THAT: 1. The foregoing recitals are hereby incorporated and adopted as the findings of the City Council; and 2. This action results in no binding commitment by the City to authorize or advance the disposition of the Site, will not result in a direct or indirect physical change in the environment, and does not constitute an "approval" of a "project" pursuant to CEQA Guidelines Sections 15004 and 15352; and 3. Subject to the findings above, the Site comprised of APN 401-583-01 is hereby declared "exempt surplus land" pursuant to Section 54221(f)(1)(E) of the Government Code and Section 103(c)(6) of the Final Updated Surplus Land Act Guidelines; and 4. The City Manager or their designee is hereby directed to provide a copy of this Resolution and any other documentation necessary to HCD at least thirty (30) days prior to the disposition of the Site pursuant to the Final Updated Surplus Land Act Guidelines Section 400(e). PASSED and ADOPTED by the City Council of the City of Tustin at a regular meeting on the 2nd day of December 2025. ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DocuSigned by: � Z-9 DA 'ff?iK`EKDIG, City Attorney /msd/ AUSTIN LUMBARD, Mayor Resolution 25-69 Page 2of3 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 25-69 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 2nd day of December, 2025 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, City Clerk Resolution 25-69 Page 3 of 3 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 ATTACHMENT 3 LETTER OF REQUEST Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 oao n a°on eoo SAGECREST November 5, 2024 Public Works Attn: Eric Johnson, Principal Engineer 300 Centennial Way Tustin, CA, 92780 Tustin Lexus Street Vacation Application Subject: Request for a 12-foot-wide area street vacation around the perimeter of the cul-de-sac at the southeast end of Auto Center Drive, Tustin, CA Dear Eric Johnson, On behalf of Lexus Tustin and Cadillac, I am pleased to submit this letter to request vacation of a 12-foot- wide area around the perimeter of the cul-de-sac at the southeast end of Auto Center Drive to create a reduced 40-foot radius cul-de-sac. The Project Site is adjacent to an existing automotive sales and service business owned by Tustin Lexus, located at 45 Auto Center Drive, Tustin, CA. On November 16, 2021, a traffic cone study was performed by Jones, Cahl & Associates, Inc. to evaluate the daily activities of the various delivery trucks with the proposed modification to the cul-de-sac. The study demonstrated that the proposed modifications would not impact the daily activity of the delivery trucks. It is requested that the vacated land be assigned a General Plan land use designation of Planned Community Commercial/Business (PCCB) and a Planned Community Commercial (PC COM) zoning designation consistent with the existing zoning of the Tustin Lexus property. Street improvements include construction of a new curb and sidewalk and relocation of an existing fire hydrant adjacent to the new curb. Existing utility easements for Irvine Ranch Water District (IRWD) and the City of Tustin are requested to be amended to retain access to existing in -ground utilities. No site improvements are proposed on private property as part of this project. The vacated land shall be used as part of the existing automotive sales and service use at 45 Auto Center Drive. Submittal 1. Letter of Request Package: 2. Legal description and Plans 3. Notice of CEQA exemption 4. Preliminary Title Report 5. Fee (TBD) Location: 45 Auto Center Dr., Tustin, CA 92780 Applicant: Tustin Lexus Attn: Brad Johnson b ohnson1la� Iroualauta com Representative: Sagecrest Planning + Environmental Attn. Jackie Tran 27128 Paseo Espada, Suite 1524, San Juan Capistrano, CA 92675 Phone: 949-996-7243 Email: itran a2saeecrestolannine com Environmental: The Proposed Project is Categorically Exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1— Existing Facilities). Page 1 of 2 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 �oo u OAq oaa acn SAGECREST �.E�v�oo�MEx„t Tustin Lexus Street Vacation Application The project involves minor modifications to an existing cul-de-sac in the public right-of- way that does not impact the operation of the street for commercial traffic to adjacent businesses along Auto Center Drive. Addition of the vacated land to the property at 45 Auto Center Drive will result in a negligible expansion of the existing automotive sales and service use on the property, as no physical improvements are proposed an private property as part of the project. Should you have any questions regarding this Street Vacation Request, please feel free to contact me at (949) 996-7243 or itran@sagecrestpianning.cam, Sincerely, Jackie Tran Sagecrest Planning + Environmental Interested Parties Brad Johnson Tustin Lexus Page 2 of 2 1. 1, r`+ i Peter Ngo Tustin Cadillac Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 ATTACHMENT 4 TRAFFIC CONE STUDY Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 rp 4- JONES, CAHL & ASSOCIATES, INC. CONSULTING ENGINEERS NOVEMBER 29, 2021 CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92780 REFERENCE: TUSTIN LEXUS - 45 AUTO CENTER DRIVE TRAFFIC CONE STUDY ENCROACHMENT PERMIT: PWE 2021-00135 DEAR MRS. KRYS SALDIVAR, THIS LETTER IS TO INFORM THE CITY OF TUSTIN THAT A TRAFFIC CONE STUDY WAS PERFORMED ON TUESDAY NOVEMBER 16, 2021. PRIOR TO THE STUDY JONES, CAHL AND ASSOCIATES SURVEYED THE 40' RADIUS CUL-DE-SAC AS PER THE EXHIBITS SHOWN WITHIN THE ENCROACHMENT PERMIT PWE 2021-00135. TRAFFIC CONES WERE THEN PLACED TO MIMIC THE PROPOSED POSITION OF THE 40' RADIUS CUL-DE-SAC SO THAT AUTO CENTER MANAGEMENT WERE ABLE TO WITNESS THE DAILY ACTIVITIES OF THE VARIOUS DELIVERY TRUCKS. THE STUDY DEMONSTRATED THAT THE PROPOSED MODIFICATIONS WOULD NOT IMPACT THE DAILY ACTIVITY OF THE DELIVERY TRUCKS. IT IS IN MY OPINION THAT THE REDUCTION TO THE EXISTING CUL-DE-SAC WOULD NOT IMPACT THE DAILY OPERATIONS OF THE LEXUS OR CADILLAC CAR DEALERSHIPS ON AUTO CENTER DRIVE. SINCERELY, Z EL RUBIO, R.C.E. 60934, P.L.S. 8239 NO, M34 Exp 12 31 22 � Exp.12 131 21 N d. 8239 OF- 18090 Beach Boulevard, Suite 12 • Huntington Beach, California 92648 • Phone: (714) 848-0566 • Fax: (714) 848-6322 Email: jca@jonescahl.com Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 ATTACHMENT 5 LETTER OF SUPPORT - TUSTIN AUTO MERCHANTS' ASSOCIATION Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 TUSTIN AUTO CENTER MERCHANTS' ASSOCIATION November 17, 2021 Anthony D'Amato Tustin Lexus 45 Auto Center Drive Tustin CA 92782 Re: Architectural Improvement - APPROVED 45 Auto Center Drive — Account #C118-00013-1 Dear Homeowner: The Tustin Auto Center Board of Directors has requested I contact you regarding the proposed street modifications on the cul-de-sac outside the Lexus and Cadillac stores. Thank you for coordinating the requested study to ensure that the proposed modifications would not prevent delivery trucks to safely make a U-turn from the street. The results of the study have proven that the modifications will not impacl the present way in which oversized trucks perform deliveries. Therefore, the board approves the proposed street modifications as presented. If you have any questions, please contact me at (949) 535-4517 or via email at kreta@powerstonepm.com. Sincerely, On behalf of the Board of Directors Tustin Auto Center Merchants' Association Karina 12eta Karina Reta, CCAM® Director of Community Management /kr Professionally Managed by Powerstone Property Management * 9060 Irvine Center Dr., Irvine, CA 92618-4623 - (949) 716-3998 � Fax (949) 716-3999