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HomeMy WebLinkAbout07 DECLARE INTENT TO VACATE ENDERLE CENTER DRIVE AND SET A PUBLIC HEARINGDocusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2 MEETING DATE TO: FROM: SUBJECT: SUMMARY: Agenda Item AGENDA REPORT Reviewed: City Manager Finance Director JUNE 16, 2026 ALDO E. SCHINDLER, CITY MANAGER MICHAEL GRISSO, DIRECTOR OF PUBLIC WORKS DECLARE INTENT TO VACATE ENDERLE CENTER DRIVE AND SET A PUBLIC HEARING California Streets and Highways Code Section 8312 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 Enderle Family Trust Enderle Center to vacate Enderle Center Drive. Pursuant to procedures outlined in Sections 8320- 8325 of the California Streets and Highways Code, the City Council must first adopt a resolution declaring its intent to vacate and set a public hearing. Resolution No. 26-30 includes an associated map of the area to be vacated. RECOMMENDATION: It is recommended the City Council adopt Resolution No. 26-30 declaring its intent to vacate Enderle Center Drive and set a public hearing for September 15, 2026. FISCAL IMPACT: Adoption of the Resolution of Intent to Vacate Enderle Center Drive does not result in any immediate fiscal impact to the City. Any future fiscal impacts associated with the proposed vacation and redevelopment project will be evaluated as part of subsequent approvals and implementation activities. CORRELATION TO THE STRATEGIC PLAN: The vacation of Enderle Center Drive contributes to the fulfillment of the City's Strategic Plan Goal A: Economic and Neighborhood Development by supporting the implementation of Strategy 5, which is to strengthen and facilitate business relationships for economic development purposes. BACKGROUND AND DISCUSSION: Ill afs �4 Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2 City Council Agenda Report Declare Intent to Vacate Enderle Center Drive and Set a Public Hearing June 16, 2026 Page 2 Enderle Center Drive is a publicly accessible street that extends from 17t" Street to the north to Vanderberg Lane to the south. Enderle Center Drive right-of-way was dedicated to the City on March 9, 1972, as Book 10032, Page 124 of Official Records. The land itself is currently owned by the Enderle Family Trust. 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. Vacation of Enderle Center Drive may facilitate redevelopment of the site by allowing reconfiguration of internal circulation, parking, and open space areas while maintaining access to the surrounding street network. SHC Section 8340 also requires the City to reserve easements for existing utilities. The vacation resolution will reserve utility easements as necessary for existing public and franchise utility facilities, including water, sewer, storm drain, electrical, gas, and communication infrastructure. Pursuant to Streets and Highways Code Section 8313, the Planning Commission will consider whether the proposed vacation conforms to the City's General Plan. This action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c). The vacation is consistent with the General Plan, pursuant to Government Code Section 65402. Prior to adopting a resolution to vacate a portion of the street, the City Council is required to set a public hearing providing at least 15 days' notice. The attached resolution sets the public hearing for September 15, 2026, the City Clerk will publish notice of the public hearing, and the notice will be posted at three locations within the portion of the street to be vacated. It is recommended that the City Council adopt Resolution No. 26-30 declaring its intent to vacate Enderle Center Drive and set a public hearing for September 15, 2026. v�n - -C) (L - - Michael Grisso Director of Public Works Attachments: 1. Resolution No. 26-30 2. Letter of Request Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2 ATTACHMENT 1 RESOLUTION NO. 26-30 Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2 RESOLUTION NO. 26-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DECLARING ITS INTENTION TO VACATE ENDERLE CENTER DRIVE WHEREAS, the property owners of Enderle Center, Enderle Family Trust, have submitted an application requesting that the City of Tustin vacate Enderle Center Drive within their property; and WHEREAS, the City of Tustin desires to vacate an easement for street and highway purposes, which is commonly known as Enderle Center Drive, and more particularly described in Exhibit A attached hereto and incorporated herein and hereafter referred to as the "area to be vacated," consisting of a map of the area; and WHEREAS, the City Engineer has reported to this Council that vacation of Enderle Center Drive will not adversely affect the adjacent roadway operations; and WHEREAS, the City is authorized to vacate all or part of a public street within the City pursuant to the Public Street, Highways and Service Vacation Easements law (State of California Streets and Highways Code, Section 8300 et seq.); and WHEREAS, Section 8340(c) of the State of California Streets and Highways Code requires that unless public convenience and necessity require otherwise, the City must reserve and except from the vacation any easement and right necessary to maintain, operate, replace, remove and renew public utility facilities; and WHEREAS, Tustin Water Services owns and operates a water main within or adjacent to the area to be vacated; and WHEREAS, East Orange County Water District (EOCWD) owns and operates a sewer main within or adjacent to the area to be vacated; and WHEREAS, Southern California Gas Company owns and operates a gas line within or adjacent to the area to be vacated; and WHEREAS, Southern California Edison (SCE) owns and operates a 12 kV distribution line within or adjacent to the area to be vacated; and WHEREAS, the existing utility easements for Tustin Water Services, East Orange County Water District, Southern California Gas Company, and Southern California Edison, and the City of Tustin within the fee parcel may be amended, reserved, or replaced as necessary to retain access to existing in -ground utilities within the proposed area to be vacated; and WHEREAS, no other public utilities or public facilities are known to the City Engineer to exist within the area to be vacated; and Resolution No. 26-30 Page 1 of 4 Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2 WHEREAS, the area to be vacated (Exhibit A) is privately owned in fee over which the City currently maintains an easement for street and other incidental purposes; and WHEREAS, the Planning Commission of the City of Tustin will consider a resolution to find the vacation is in conformance with the City's General Plan, which satisfies the required findings for a street vacation as set forth by the State of California Streets and Highways Code in order to recommend approval to the City Council; and WHEREAS, any future vacation of Enderle Center Drive shall remain subject to completion of all applicable environmental review, discretionary approvals, public hearings, and resolution of utility and access requirements associated with the proposed Campo on 17th Street redevelopment project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Tustin does hereby resolve as follows: Section 1. The foregoing recitals are true and correct and are incorporated by reference herein. Section 2. It is the intention of the City Council to vacate Enderle Center Drive shown in Exhibit A, attached. Section 3. It is the intention of the City Council to find that the Enderle Center Drive right-of-way is unnecessary for present or prospective public street purposes. Section 4. It is the intention of the City Council to reserve easements pursuant to Section 8340 of the California Streets and Highways Code. Section 5. The City Council finds that the adoption of a Resolution of Intent to Vacate Enderle Center Drive is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c) because the resolution only initiates a public hearing process and does not constitute approval of the proposed vacation or any related development entitlement. The resolution merely establishes a future public hearing date for the City Council to consider the proposed vacation pursuant to Streets and Highways Code Section 8320 and does not impose any obligation on the City Council to complete the vacation. In addition, the initiation of the vacation proceedings followed preliminary evaluation of existing roadway usage and consideration of potential impacts to adjacent circulation, which is consistent with CEQA Guidelines Section 15262 relating to feasibility and planning studies. Section 6. The City Council hereby sets a public hearing to be held on September 15, 2026 at 6:00 p.m. in the Council Chambers of the City Council located at 300 Centennial Way, Tustin, California, 92780. At this hearing, all interested persons may introduce evidence and testimony pertaining to the proposed vacation. At the conclusion of the hearing, the City Council shall determine, from all evidence submitted, whether or not the proposed vacation is in the public interest. Resolution No. 26-30 Page 2 of 4 Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2 Section 7. The City Clerk is hereby directed to publish this resolution, providing notice of said hearing to the public, for at least two successive weeks prior to said hearing, as required by California Streets and Highways Code Section 8322. Section 8. The Director of Public Works for the City of Tustin, or his designee, is hereby directed to conspicuously post notices of the public hearing along the street proposed to be vacated at least two weeks before the date set for the hearing, in conformity with and in the manner provided by California Streets and Highways Code Section 8323. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 16t" day of June 2026. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: `v-1K- DAVID E. KENDIG, City Attorney /MSD/ Resolution No. 26-30 Page 3 of 4 Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2 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. 26-30 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 16t" day of June, 2026 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Resolution No. 26-30 Page 4 of 4 Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2 U f 17TH STREET 2 Z� W VANDENSERG LN A m VICINITY MAP NTS 0 EXHIBIT A _ CL SEI awn IN L Y r ® R. 0. W. rr `r^ STREET 11 o o 39 39 / 40 CL VANDENBERG LANE _ ----- ----- SCALE: 1 " =150' NORTH Underground Service Alert O orsomne,�carm,rea TWO W ORKING DAYS a BEFORE YOU DIG p CYeAei�jau d, NOTICE 70 OONTRAMOR PUTSUANT TO AsmABLY BILL 4216 ND EXCAVATIDN PERMIT IS VALID LW.ESS FRE CONTBACMR CONTACTS AND OBTAINS NYX ND DAnTPRI IAO 1EXCAYArIONT TOO 0 E'L Y R. 0. W. -- LOTLINE PROPOSED STREET VACATION CENTERLINE 32 RIGHT OF WAY HALF WIDTH Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2 ATTACHMENT 2 LETTER OF REQUEST Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2 Kimley>>> Horn May 28, 2026 Katy Lee Assistant Engineer 300 Centennial Way Tustin, CA 92780 RE: Letter of Intent to Vacate Enderle Center Drive On behalf of BWP Campo 1, LLC and BWP Campo 2, LLC, I am providing this letter to formally request the vacation of approximately 1.1 acres of right-of-way along Enderle Center Drive bound by 17th Street to the north and Vandenberg Lane to the south. The existing right-of-way bisects the project site and constrains its efficient and cohesive development. Although Enderle Center Drive is publicly accessible, the underlying land is privately owned by the Enderle Family Trust, with the City maintaining an easement for street purposes. As all the properties that take access from Enderle Center Drive are owned by the Enderle Family Trust, the proposal is to remove the street easement and incorporate the land into the new Campo on 171h Street project. The proposed vacation will allow incorporation of the corridor into the Campo on 17th Street project, facilitating a unified site plan consistent with the City's Housing Overlay Zone objectives. This integration will support a more cohesive development layout, including enhanced on -site guest parking, expanded open space amenities, adaptive reuse of existing commercial buildings for retail and dining opportunities, and a more defined project entry along 17th Street. A traffic study has been completed and confirms that the removal of the street easement will not adversely affect adjacent roadway operations. While the right-of-way will no longer be required for public vehicular purposes, access to existing public utility infrastructure, traffic signal equipment, and sidewalk maintenance will be preserved through appropriate easements. Tentative Tract Map No. 19470, currently under review by the City, identifies the necessary easements, which will be dedicated via separate instruments or incorporated into the Final Tract Map. Please contact me at (714) 705-1366 or ahmed.zuwawa@kimley-horn.com should you have any questions. Sincerely, Ahmed Zuwawa, PE Civil Engineering Project Manager