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HomeMy WebLinkAboutCC RES 26-49______________________ Resolution 26-49 Page 1 of 3 RESOLUTION 26-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE VACATION OF ENDERLE CENTER DRIVE WHEREAS, That a proper request has been submitted to the City of Tustin (the City) Public Works Department by BWP Campo 1, LLC, BWP Campo 2 LLC and Intracorp Socal-1, LLC, to vacate Enderle Center Drive; and WHEREAS, on June 15, 2026, the City Council of the City of Tustin adopted Council Resolution No. 26-30 declaring the intention of the Council to vacate Enderle Center Drive between 17th Street and Vandenberg Lane; and WHEREAS, on July 28, 2026, the Planning Commission of the City of Tustin adopted Resolution No. 4552 determining that the location, purpose, and extent of the proposed vacation of public right-of-way is in conformance with the Tustin General Plan; and WHEREAS, A Public Hearing was held on September 15, 2026, 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 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. 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 the applicable utility easements on the final Tract Map 19470 or by separate instrument pursuant to Section 8340 of the California Streets and Highways Code. 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. Docusign Envelope ID: 99A9BCC8-415A-8342-83CC-FBF1BEC97309 _______________________ Resolution 26-49 Page 2 of 3 Section 6. Prior to recordation of this Resolution of Vacation, the owner(s) of the real properties of Enderle Center Drive shall, at their sole expense, coordinate with all affected utility providers, including but not limited to, Southern California Gas Company, Southern California Edison, Tustin Water Services, East Orange County Water District, AT&T, Cox Communications, and Spectrum regarding the final utility service locations and any required easement reservations. The street vacation does not become effective until the necessary utility and/or access rights have been preserved to the satisfaction of the City Engineer and affected utilities, whether through recordation of separate instruments or final tract map. Section 7. The City Council certified a Final Program Environmental Impact Report (FPEIR) for the project site (SCH No. 2024020747) on January 7, 2025. Pursuant to California Quality Act (CEQA) Guidelines Section 15162, the City prepared an Addendum to the FPEIR for the "Campo on 17th" development, which was approved by the City's Planning Commission on July 28, 2026. Therefore, pursuant to CEQA Guidelines Section 15162(c), no further CEQA action is required because none of the conditions identified in Section 15162(a) have occurred that would require the preparation of a subsequent or supplemental EIR, and because the project is required to comply with applicable mitigation measures identified in the FPEIR and its MMRP, as incorporated by reference in the Addendum. Section 8. The Clerk of the City of Tustin is instructed, pursuant to California Streets and Highways Code Section 8324, to record this Resolution of Vacation with recordation of the first Final Map 19470. 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 15th day of September 2026. AUSTIN LUMBARD, Mayor ATTEST: ______________________ ERICA N. YASUDA, City Clerk Docusign Envelope ID: 99A9BCC8-415A-8342-83CC-FBF1BEC97309 ______________________ Resolution 26-49 Page 3 of 3 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 is five; that the above and foregoing Resolution No. 26-49 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 15th day of September 2026 by the following 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 Docusign Envelope ID: 99A9BCC8-415A-8342-83CC-FBF1BEC97309