REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: jill m. Gormley, TE, Assistant Director
Public Works Department, Traffic & Engineering Services Division
JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Engineering Division - Chief Surveyor Section
SUBJECT
Title
RESOLUTION - Approving the summary vacation of a portion of Arthur Avenue between West Herndon Avenue and West Spruce Avenue. (Council District 2)
Body
RECOMMENDATIONS
Staff recommends the Council adopt a resolution approving the summary vacation of a portion of Arthur Avenue between West Herndon Avenue and West Spruce Avenue, as described in Exhibit “A” and as shown on Exhibit “B” of the attached resolution.
EXECUTIVE SUMMARY
Costco Wholesale Corporation is requesting the vacation of a portion of Arthur Avenue between West Herndon Avenue and West Spruce Avenue. The purpose of the vacation is to eliminate excess public street right-of-way that was never developed or constructed to accommodate the development of the Costco Wholesale that will be located at West Herndon Avenue and Riverside Drive in Fresno, California.
BACKGROUND
The proposed vacation is needed to vacate the public street easement that has not been used or paved since the easement was accepted by the County of Fresno and recorded on May 26, 1920, Fresno County Records. This portion of land was annexed into the City of Fresno on December 29, 1981. The adjacent property owner would like to incorporate this excess right-of-way to make way for the development of a Costco Wholesale at the northeast corner of West Herndon Avenue and Riverside Drive in Fresno, California.
The Public Works Department, other City Departments and utility agencies have reviewed this proposal and determined that the street and pedestrian right-of-way proposed for vacation is unnecessary for present or prospective public purposes.
The provisions of Chapter 4, commencing with Section 8330 of the California Streets and Highways Code, authorize the Council to summarily vacate the public street easement that is considered excess right-of-way, is not required for street or highway purposes, and has no public utility facilities within the area to be vacated. Under these provisions, only one Council action is necessary and a published notice, posting and public hearing are not required.
The City Attorney's Office has approved the attached resolution as to form.
The vacation, if approved by the Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder.
ENVIRONMENTAL FINDINGS
An Environmental Impact Report (EIR), State Clearinghouse No. 2021100443 was prepared to assess the environmental impact of Plan Amendment and Rezone Application No. P21-01960, Conditional Use Permit Application No. P21-01959, Conditional Use Permit Application No. P21-03251, and Planned Development Permit No. P21-032352 all pertaining the development of a Costco Commercial Center at West Herndon and North Riverside Drive in Fresno, California. (collectively “Costco Project”). The EIR was certified by Fresno City Council on April 18, 2024, through Resolution No. 2024-072. The Costco Project proposed a warehouse retail building, gas station, and car wash. The Costco Project also proposes off-site improvements, including street improvements to the surrounding roads, and summary vacation of roads. Included within the project assessed by the EIR was the vacation of Arthur Avenue between West Herndon Avenue and West Spruce Avenue. This approval seeks to implement a portion of the overall Costco Project by summarily vacating right of way necessary to complete the contemplated roadway improvements.
An analysis has been performed pursuant CEQA Guidelines §15162 to determine whether subsequent environmental review is required for this approval. Based upon this analysis the following findings are made to support the determination that no subsequent environmental review is required:
1. No substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, the Costco Project is being implemented as planned. Specifically, this approval proposes a summary vacation of right of way, which is a necessary component of the project as assessed.
2. No substantial changes have occurred with respect to the circumstances under which the project was undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
3. There is no new information, which was not known and could not have been known at the time of the previous EIR showing that:
a. The project will have one or more significant effects not discussed in the previous EIR;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found to be not feasible are now feasible and would substantially reduce one or more significant effects of the project.
Based upon these findings, it has been determined that no further environmental documentation is required for this approval.
LOCAL PREFERENCE
Local preference does not apply because the vacation of public right-of-way does not involve bidding or contracting.
FISCAL IMPACT
This project is located in Council District 2 and there will be no City funds involved with this vacation. Costco Wholesale Corporation has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
Vicinity Map
Resolution