HomeMy WebLinkAbout10 VACATION OF A PORTION OF AUTO CENTER DRIVEDocusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3
MEETING DATE
TO:
FROM:
SUBJECT:
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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
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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
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SAGECREST
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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.
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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
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Professionally Managed by Powerstone Property Management * 9060 Irvine Center Dr., Irvine, CA 92618-4623
- (949) 716-3998 � Fax (949) 716-3999