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File #: 13512   
Type: Consent Status: Agenda Ready
File created: 1/5/2026 Department: Public Works-Surveyor
On agenda: 1/13/2026 Final action:
Subject: Summary Vacation of Portion of Road Right-of-Way of North Shore Drive State Route 38, in the Unincorporated Community of Big Bear
Attachments: 1. EXH-PW-SURV-01-13-26-Summary Vacation Por. North Shore Drive Exhibits A&B, 2. MAP-PW-SURV-01-13-26 Summary Vacation Portion North Shore Drive, 3. RES-PW-SURV-01-13-26 Summary Vacation of Por. North Shore Drive Big Bear Valley Area
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REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

                                          January 13, 2026

 

FROM

NOEL CASTILLO, Director, Department of Public Works - Surveyor 

         

SUBJECT                      

Title                     

Summary Vacation of Portion of Road Right-of-Way of North Shore Drive State Route 38, in the Unincorporated Community of Big Bear

End

 

RECOMMENDATION(S)

Recommendation

1.                     Find the vacation of road right-of-way, being a portion of excess road right-of-way along North Shore Drive, located on the northeast corner of North Shore Drive, State Route 38, and Greenway Drive intersection, in the unincorporated community of Bear Valley area in San Bernardino County, as an exempt action under the California Environmental Quality Act Guidelines pursuant to Title 14, Sections 15061(b)(3) and 15305 of the California Code of Regulations, Categorical Exemptions.

2.                     Adopt Resolution which identifies and determines excess road right-of-way along portion of North Shore Drive and achieves the public purpose of eliminating and clearing the public records of unusable and unnecessary public road right-of-way.

3.                     Direct the Clerk of the Board of Supervisors to forward a copy of the executed Resolution to the Department of Public Works to be recorded in the official records by the San Bernardino County Recorder.

4.                     Direct the Department of Public Works to file and post the Notice of Exemption in accordance with the California Environmental Quality Act.

(Presenter: David Doublet, Assistant Director, 386-8811)

Body

 

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 fees. 

 

BACKGROUND INFORMATION

The summary vacation will remove public road right-of-way on a portion of North Shore Drive, being a portion of State Route (SR) 38 for the public purpose of eliminating and clearing the public records of unusable and unnecessary public road right-of-way.  This public road right-of-way was accepted by San Bernardino County via a Grant of Easement recorded in Instrument No. 80-097379. Since its recording, in 1980, the dedicated portion of right-of-way has been unused for public road purposes.  Therefore, it is determined to be inessential and excess public road right-of-way for current or future public road use. The California Department of Transportation (Caltrans) has also waived its easement along SR-38 as unneeded for highway purposes. Utilities exist, however, would not be affected by the vacation.  Reservation and exception statements which exclude any and all existing utilities are a part of the legal description (Exhibit A) attached and a part of the Resolution. The Resolution identifies and determines the excess road right-of-way of said portion of North Shore Drive and achieves the public purpose of eliminating and clearing the public records of unusable and unnecessary public road right-of-way.

 

A proposal to San Bernardino County was made by the existing property owner to vacate a portion of said North Shore Drive, SR-38, which is a 1,505 square feet (more or less) reversion to acreage to the property known as APN 0313-084-04 and described as Lot 62 of Tract No. 1724, Map Book 25, Page 71 of maps.

 

The Department of Public Works (Department) has completed its review of the vacation request and finds that this vacation will have no effect on the existing roads and right-of-way of Greenway Drive and North Shore Drive (SR-38), in the Big Bear Valley area.

 

The proposed vacation serves a public purpose by eliminating and clearing the public records of unusable and unnecessary public road right-of-way that have not been accepted by the public, and by removing an unnecessary title encumbrance.

 

The Department’s Environmental staff reviewed the request to vacate the portion of North Shore Drive and has determined that the request qualifies for a Categorical Class 5 Exemption in accordance with the California Environmental Quality Act (CEQA) Guidelines, Title 14 of the California Code of Regulations, Section 15061(b)(3) is also appropriate.  Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density as identified in said Section 15305. Additionally, this approval is merely a vacation of easement rights, therefore there is no possibility that the activity may have a significant effect on the environment and qualifies for a commonsense exemption under CEQA Guidelines Section 15061(b)(3).  When the Board of Supervisors (Board) considers environmental findings, the filing and posting of a Notice of Exemption is recommended.

 

Upon Board approval of this summary vacation action, the County will no longer hold public road rights over portions of said North Shore Drive, as described in Exhibit A and shown on Exhibit B of the Resolution. A certified copy of the Board approved Resolution to vacate the public road right-of-way will be recorded in the office of the San Bernardino County Recorder.  The vacation aligns with the County and the Chief Executive Officer’s goal of ensuring development of a well-planned, balanced, and sustainable County by removing unnecessary roads 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 December 3, 2025; and County Finance and Administration (Kathleen Gonzalez, Administrative Analyst, 387-5412) on December 23, 2025.