Item 34 - Resolution Declaring City-Owned Property as Exempt Surplus Land

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G. The Property qualifies under Government Code section 54221(f)(1)(E). Specifically, the exempt Property is Surplus land that is a former street, right of way, or easement, and will be conveyed to an owner of an adjacent property. H. It is the intent of City Council to sell the Property to a contiguous land owner of the Property, otherwise the Property shall not be considered "exempt" under 54221(f)(1)(E). Notice is not required per Government Code section 54221(f)(2) because the Property is (i) not within a Coastal Zone, (ii) not adjacent to a historical unit of the State Parks System, (iii) not listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, and (iv) not within the Lake Tahoe region as defined in Government Code section 66905.5. Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City's use and is therefore exempt surplus land, pursuant to Government Code sections 54221(f)(1)(B) and 54221(f)(1)(E) based on the true and correct written findings found in Section 1, incorporated herein by this reference. Section 3. The City Council hereby authorizes the City Manager to execute any and all documents necessary to dispose of the Property in accordance with this Resolution, if it is determined to be in the best interests of the City. Section 4. The City will notify the Department of Housing and Community Development no less than thirty (30) days prior to the disposing of any exempt surplus land. Section 5. This resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Pub. Resources Code, §§21000 et seq.; 14 CCR §§ 15000 et seq.) ("CEQA"). City staff has determined that the designation of the Property as exempt surplus land does not qualify as a "project" as defined by the 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." (State CEQA Guidelines, §15378(a).) Here, the action is to declare the Property as exempt surplus land, which will not result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change to 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 designate the Property as exempt surplus land constitutes an organizational or administrative activity that will not result in a physical change in the environment, and is therefore is not subject to CEQA. This action does not constitute a binding commitment to any particular use of the Property, nor is any development associated with this action. If and when the Property is sold to a purchaser and that purchaser proposes a use for the Resolution No. 2025-XXX Page 2 of 4