REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 12, 2023
FROM
BRENDON BIGGS, Director, Department of Public Works - Surveyor
SUBJECT
Title
Summary Vacation of Road Right-of-Way Along Devore Cut-Off Superseded by Relocation, Lytle Creek Area
End
RECOMMENDATION(S)
Recommendation
1. Find the vacation of road right-of-way along Devore Cut-Off superseded by relocation in the Lytle Creek area is an exempt action under the California Environmental Quality Act Guidelines pursuant to Section 15061(b)(3) and 15312 Categorical Exemptions.
2. Adopt Resolution that finds and determines the road right-of-way along Devore Cut-Off has been superseded by relocation and may be vacated to achieve the public purpose of eliminating and clearing the public records of unnecessary road right-of-way.
3. Direct the Clerk of the Board of Supervisors to forward a copy of the Resolution to the Department of Public Works to be recorded in the official records by the San Bernardino County Recorder.
4. Direct the Clerk of the Board of Supervisors to file and post the Notice of Exemption.
(Presenter: Brendon Biggs, Director, 387-7906)
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COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). All costs associated with the vacation are applicant-funded through the approved Road Abandonment Fee. Sufficient appropriation and revenue are included in the Department’s 2023-24 Road Operations budget (6650002000 - AR0040).
BACKGROUND INFORMATION
The summary vacation, which is a request to remove the public’s right to use a portion of a roadway, will remove excess public road right-of-way along Devore Cut-Off that has been superseded by the relocation of Devore Road to pass underneath State’s Interstate 15 Freeway. As this right-of-way is no longer in use, it is not required for public road right-of-way purposes and is not necessary for current or future public road use.
The Department has completed its review of the vacation request and finds that:
• This vacation affects public road right-of-way along Devore Cut-Off lying between Glen Helen Parkway and the Interstate 15 Freeway, and generally being northeasterly of Lytle Creek and southwesterly of Glen Helen Regional Park.
• The County currently holds an easement for public road right-of-way along Devore Cut-Off at 40 feet wide as granted to the County per document recorded May 26, 1915, in Book 565 of Deeds, Page 260 records of the County.
• The State of California Department of Transportation (State) acquired freeway right-of-way, and constructed a freeway therein, across Devore Cut-Off, thereby blocking its use by the general public, as part of the State’s Interstate 15 Freeway project during the late 1960’s.
• At the same time, and part of the same project, the State also acquired new road right-of-way westerly of Devore Cut-Off, and constructed a local use roadway therein, Devore Road, so that the local traffic that once used Devore Cut-Off could now pass underneath the Interstate 15 Freeway.
• As part of this Interstate 15 Freeway project, the Devore Cut-Off pavement was removed, and the road was closed to vehicular use.
• The State later relinquished this new alignment of Devore Road to the County pursuant to the document recorded May 1, 1970, in Book 7435, Page 942, of the official records of the County.
• Currently, the Devore Cut-Off right-of-way is approximately 620 feet in length, beginning at a point along the easterly side of Devore Road, now designated as Glen Helen Parkway, and ending at a point along the westerly side of the Interstate 15 Freeway, being immediately southwesterly of the underpass.
• There are four properties located along Devore Cut-Off:
§ Assessor’s Parcel Numbers 0239-021-16 and 0239-031-17 along northwesterly side; and
§ Assessor’s Parcel Numbers 0239-021-15 and 0239-031-18 along southeasterly side.
• Pharris Sycamore Flats LLC (Applicant) is the single owner of all four properties.
• Applicant has requested the vacation of the Devore Cut-Off right-of-way due to: (1) splitting their property, (2) passing through the center of any potential future development project, and (3) only serves their properties.
• The Department has determined that the public road rights along Devore Cut-Off, between Glen Helen Parkway on the west and the Interstate 15 Freeway on the east, is no longer used by the general public and is excess public road right-of-way. It does not serve as access to anyone’s property other than the Applicant’s, and due to it having been superseded by relocation since the time the newer alignment of Devore Road was constructed in the late 1960’s, is not necessary for current or future public use. As a result, the subject portion of Devore Cut-Off right-of-way may be vacated pursuant to Streets and Highways code section 8330.
• The proposed vacation serves a public purpose by eliminating and clearing the public records of unnecessary public road right-of-way that has been superseded by relocation and by removing an unnecessary title encumbrance.
The Department’s environmental staff reviewed this project and have determined that a categorical exemption in accordance with the California Environmental Quality Act (CEQA) Guidelines, Title 14 of the California Code of Regulations, Section 15061(b) is appropriate. This exemption allows for actions that do not fall within an exempt class but can be seen with certainty there is no possibility the activity would have a significant effect on the environment. In addition, the project is exempt from CEQA under CEQA Guidelines section 15312 as the vacated property does not have significant value for wildlife habitat or other environmental purposes. When the Board of Supervisors considers the environmental finding, the filing and posting of a Notice of Exemption is recommended.
The vacation aligns with the County and the Chief Executive Officer’s goal and objectives of ensuring development of a well-planned, balanced, and sustainable County by removing unused and unnecessary road right-of-way.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on August 4, 2023; Finance (Carl Lofton, Administrative Analyst, 387-5404) on August 25, 2023; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on August 27, 2023.