REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, AICP, Director
Planning and Development Department
SCOTT MOZIER, PE, Director
Public Works Department
THROUGH: ASHLEY ATKINSON, AICP, Assistant Director
Planning and Development Department
JILL GORMLEY, TE, Assistant Director
Public Works Department
BY: JUAN LARA, Planner III
Planning and Development Department
SUBJECT
Title
Actions pertaining to Annexation Application No. P25-00757, relating to approximately 0.84 acres of the East Clinton Avenue right-of-way between North Millbrook Avenue and North Sixth Street (Council District 4)
1. ADOPT - Environmental Assessment No. P25-00757, a finding that the proposed Project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), dated August 14, 2025.
2. RESOLUTION - Authorizing the City Manager or designee to initiate the annexation of the “Clinton-Millbrook Avenues Reorganization” with the Local Agency Formation Commission (“LAFCO”)
Body
RECOMMENDATION
Staff recommends Council take the following actions:
1. ADOPT Environmental Assessment No. P25-00757, a finding that the proposed Project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), dated August 14, 2025.
2. ADOPT RESOLUTION Authorizing the City Manager or designee to initiate the annexation of the “Clinton-Millbrook Avenues Reorganization” with the Local Agency Formation Commission (“LAFCO”)
EXECUTIVE SUMMARY
The City of Fresno has filed Annexation Application No. P25-00757 pertaining to approximately 0.84 acres of the East Clinton Avenue right-of-way between North Millbrook Avenue and North Sixth Street (Exhibit C).
Annexation Application No. P25-00757 proposes to initiate annexation proceedings for the Clinton-Millbrook Avenues Reorganization proposing incorporation of right-of-way within the City of Fresno, and detachment from the Kings River Conservation District and Fresno County Fire Protection District.
BACKGROUND
The subject area is located in the County of Fresno, but within the City of Fresno’s Sphere of Influence (SOI). The SOI is a boundary for land that is expected to be annexed by the City as development is proposed, but until then remains under the jurisdiction of the County of Fresno. The proposed annexation will take in effect once the annexation is approved and recorded by the Fresno Local Agency Formation Commission (LAFCo).
The subject area proposed for annexation only includes public street right-of-way. The land surrounding the subject area in all directions consist of single-family residential properties. The proposed annexation of the public street right-of-way is intended to support the City of Fresno’s efforts to improve and maintain public street infrastructure.
City-County Memorandum of Understanding (MOU)
Pursuant to Section 8.5 of the Memorandum of Understanding (MOU) between the County of Fresno and the City of Fresno, adopted on December 13, 2024, the subject area was identified for the City to annex, accept, and/or otherwise acquire title of the subject area within 12 months of the MOU’s execution (December 13, 2025). Per the requirements of MOU Section 8.5(b), the area proposed for the City’s Mid Town Trail is included in this Annexation, which has been confirmed by both the County of Fresno and Fresno LAFCO. Please see attached Exhibit C.
Should the City not annex, accept, and/or otherwise acquire title to the subject County rights-of-way within 12 months of the execution of the MOU, the tax apportionment ratio for real property lying within the SEDA shall be an even 50% - 50% split between County and City, rather than the County 49% and City 51% ratio identified in Section 3.2.
Pre-zone
LAFCo policy mandates that all properties within an annexation area be pre-zoned, unless satisfactory evidence is presented demonstrating that the current use aligns with the City of Fresno General Plan and the relevant community plan prior to annexation. In accordance with Fresno Municipal Code (FMC) Sections 15-108.A and 15-203, because the proposed annexation pertains solely to the annexation of public street right-of-way, the Director has determined that the annexation area is not subject to pre-zoning requirements. Planning staff has confirmed with Fresno LAFCO that it does not require a pre-zone in the case of public rights of way.
ENVIRONMENTAL FINDINGS
The California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption from CEQA was made pursuant to CEQA Guidelines Section 15061(b)(3) as a Common Sense Exemption was made and Environmental Assessment No. P25-00757 was completed for this project (Exhibit E).
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the application, staff concludes that the required findings contained within FMC Section 15-6104 can be made. These findings are attached as Exhibit D.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals, objectives and policies of the Fresno General Plan and the McLane Community Plan; compliance with the provisions of the FMC; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment and exhibits. Staff concludes that the required findings contained with FMC Section 15-6104 can be made. Based upon this evaluation, it can be concluded that the proposed project is appropriate for the subject area.
LOCAL PREFERENCE
Local preference was not considered because this project does not include a bid or award of a construction or service contract.
FISCAL IMPACT
Failure to take this action by December 13, 2025 will result in a tax apportionment ratio for real property lying within the SEDA of 50% - 50% split between County and City, rather than the County 49% and City 51% split identified in Section 3.2 of the MOU.
Attachments:
Exhibit A - Aerial Map
Exhibit B - Vicinity Map
Exhibit C - Proposed Annexation Boundary Exhibit
Exhibit D - Fresno Municipal Code Findings
Exhibit E - Environmental Assessment No. P25-00757
Exhibit F - City Council Resolution for Annexation Application No. P25-00757