HomeMy WebLinkAboutCC RES 25-77
RESOLUTION NO. 25-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF
PORTIONS OF AUTO CENTER DRIVEAS 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 SUPERSEDING RESOLUTION 25-69
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; and
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Resolution 25-77
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WHEREAS, on December 2, 2025, the City Council adopted Resolution No. 25-69
declaring the Site exempt surplus land and approving related actions, which Resolution
contained a typographic error incorrectly identifying the Site.
NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Tustin
does, hereby resolve, determine, and order as follows:
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 director indirect physical
change in the environment,and does notconstitute an “approval” of a “project”
pursuant to CEQAGuidelines Sections 15004 and15352; and
3.Subject to the findings above, the Sitecomprised ofa portion of Auto Center
Drive that is adjacent to the propertieslocated at 45 Auto Center Drive and 50
Auto Center Driveishereby 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 FinalUpdated Surplus
Land Act Guidelines Section 400(e); and
5.The City Council hereby rescindsResolution No. 25-69, and this Resolution
shall replace and supersede Resolution No. 25-69.
PASSEDandADOPTED by theCity Council of the City of Tustin at a regular
meeting on the16th day of December2025.
_____________________________
AUSTIN LUMBARD,
Mayor
ATTEST:
____________________________
ERICA N. YASUDA,
City Clerk
_____________________
Resolution 25-77
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APPROVED AS TO FORM:
____________________________
DAVID E. KENDIG,
City Attorney
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 of
the City of Tustin is five; that the above and foregoing Resolution No.25-77wasduly
passed and adopted at a regular meeting of the Tustin City Council, held on the16thday
of December, 2025by thefollowing vote:
COUNCILMEMBER AYES:Lumbard, Schnell, Gallagher, Fink, Nielsen(5)
COUNCILMEMBER NOES:(0)
COUNCILMEMBER ABSTAINED:(0)
COUNCILMEMBER ABSENT:(0)
COUNCILMEMBER RECUSED:(0)
__________________________
ERICA N. YASUDA,
City Clerk
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Resolution 25-77
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