PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: Economic Development
Subject: Resolution Approving Street Vacation (15.30-441) of a Portion of an Alley Way South of West Rialto Avenue and West of South Muscott Street, and Reservation of Utilities Therein (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-100 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and reservation of utilities therein.
City Manager's Comments
The City Manager recommends approval of the vacation of a portion of an alley way.
Executive Summary
The recommended action is the final step required to complete the street vacation process for a portion of an alley way south of West Rialto Avenue and west of South Muscott Street. The proposed street vacation will terminate this portion of public right of way and transfer ownership to the underlying property owner.
Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of an alley way south of W Rialto Ave and west of S Muscott St was received on July 31, 2025, from the City of Colton, owner of a property located on the northern and southern side of this alley way (APN: 0142-222-48-0000).
The stated reason for the petition to vacate this portion of the street is due to the vacated lot will be part of the consolidated lot owned by the City of Colton for their Well and Water Reservoir site.
On March 18, 2026, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate the street. On March 23, 2026, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the City of San Bernardino Municipal Water Department, informing them of the proposed street vacation. Staff has received requests to reserve existing utility easements for San Bernardino Municipal Water Department and Southern California Edison.
On June 3, 2026, the Mayor and City Council authorized staff to proceed with the public hearing and set the date and time for July 15, 2026, at 5:00PM and will be held in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 West 6th Street, San Bernardino, California.
On June 9, 2026, the Planning Commission adopted Resolution No. 2026-014-PC, finding the proposed street vacation of a portion of an alley way south of W Rialto Ave and west of S Muscott St, consistent with the City‘s General Plan.
On June 17, 2026, notices were sent out to area stakeholders and residents within 1000’ of the property informing them of the proposed street vacation.
Discussion
Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-441, with reservation of utility easements therein, adopting a Categorical Exemption for the street vacation, and make a final order of vacation for the street as described in the Real Property Street Vacation.
The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation 15.30-441 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied.
Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $2,040 in fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-100 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2026-100
Attachment 2 - Exhibit A – Legal Description of Street Vacation Attachment 3 - Exhibit B – Plat Map of Street Vacation
Attachment 4 - Exhibit A – Legal Description of Public Utility Easement Attachment 5 - Exhibit B – Plat Map of Public Utility Easement Attachment 6 - Aerial Map
Attachment 7 - PowerPoint Presentation
Attachment 8 – Proof of Publication
Ward:
Third Ward
Synopsis of Previous Council Actions:
March 18, 2026 The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and reservation of utilities therein.
June 3, 2026 The Mayor and City Council adopted Resolution No. 2026- 061 declaring its intent to conduct a public hearing to order the vacation of a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and reservation of utilities therein, and set the date and time of the public hearing for July 15, 2026 at 5:00PM.
CC