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Home My WebLink AboutCC RES 26-30Docusign Envelope ID: 8F2E232B-56DB-8756-83FC-A03C6CC4D1C6 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: 8F2E232B-56DB-8756-83FC-A03C6CC4D1C6 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: 8F2E232B-56DB-8756-83FC-A03C6CC4D1C6 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: tyir a. N,�f ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney Resolution No. 26-30 Page 3 of 4 Docusign Envelope ID: 8F2E232B-56DB-8756-83FC-A03C6CC4D1C6 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 16th day of June, 2026 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: f'Vica N. As4a, Gf� ERICA N. YASUDA, City Clerk Lumbard, Schnell, Fink, Nielsen (4) (0) (0) Gallagher (1) (0) Resolution No. 26-30 Page 4 of 4 Docusign Envelope ID: 8F2E232B-56DB-8756-83FC-A03C6CC4D1C6 U f 17TH STREET 2 b N F / 40 i 0 EXHIBIT A CL SEI WLY R. 0. W. !U STREET 1, o U W o o - 39 39 CL VANDENBERG LAN _- � rNj N 0 EL Y R. 0. W. 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 CONTDACMR CONTACTS AND OBTAINS NYX ND DAnTPRI IAO 1EXCAYArIONT TOO -- LOTLINE PROPOSED STREET VACATION CENTERLINE 32 RIGHT OF WAY HALF WIDTH