R-024-25 - Approving The Summary Vacation of a City-Owned Right-Of-Way Parcel Located at 910 Hert Street, Pursuant to California Streets and Highways Code Sections 8330 Et. Seq.

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2 3 4 6 7 8 9 10 11 12 l 14 15 16 17 18 19 20 21 22 23 24 25 of the subject property does not qualify as a "project" as defined in State CEQA Guidelines section 15378. First, Section 15378 defines a project as an activity that "has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." (State CEQA Guidelines, § 15378(a).) Here, the action is to summarily vacate the subject property and potentially sell it to the neighboring owner, which will not result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Accordingly, the action is not a "project" subject to CEQA. (State CEQA Guidelines, § 15060(c).) Second, Section 15378 explicitly excludes from its definition of "project" the following: "organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment." (State CEQA Guidelines, § 15378(b)(5).) The action to summarily vacate and sell the subject property constitutes an organizational or administrative activity that will not result in a physical change in the environment, and it therefore is not subject to CEQA. Further, this Resolution does not constitute a binding commitment to develop any particular project or any particular use of the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLTON AS FOLLOWS: SECTION 1. That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. SECTION 2. In accordance with Streets and Highways Code sections 8330 et. sec ., the City Council finds that the right of way property located at 910 Hert St., between Hert St. and La Cadena Drive, said property being described in attached Exhibit "A", within the City of Colton, San Bernardino County, State of California, is unnecessary for present or prospective street or highway purposes, and hereby approves the summary vacation of the same. SECTION 3. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution. SECTION 4. The City Clerk shall cause a certified copy of this resolution to be recorded in the Office of the San Bernardino County Assessor -Recorder -Clerk, attested by the Clerk under seal. PASSED, APPROVED AND ADOPTED THIS 1 26 111 LJ 1 . 27 SAAC S 28 City Clerk J. DAY OF APRIL 2025.