REPORT TO THE CITY COUNCIL FROM: JENNIFER K. CLARK, AICP, Director Planning and Development Department ASHLEY ATKINSON, AICP, Assistant Director Planning and Development Department PHILLIP SIEGRIST, Planning Manager Planning and Development Department BY: STEVEN MARTINEZ, Planner III Planning and Development Department SUBJECT ..Title Actions pertaining to compliance with Court order to decertify an Environmental Impact Report (EIR) and set aside approvals for a proposed Costco project at the northeast corner of West Herndon Avenue and North Riverside Drive (Project): 1. Adopt a finding that decertifying the Project EIR and setting aside Project approvals are exempt from California Environmental Quality Act (CEQA) pursuant to the common sense exemption set forth in CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that this action will have a significant effect on the environment. 2. RESOLUTION - Rescinding Resolution No. 2024-072 to Decertify Environmental Impact Report, Set Aside Project Approvals, and Rescind Resolution No. 2024-073 Amending the Fresno General Plan. 3. BILL - (for Introduction and Adoption) - Repealing Ordinance No. 2024-011 Amending the Official Zoning Map ..Body RECOMMENDATION Staff recommends that the Council: 1. Adopt a finding that adoption of the attached resolution and ordinance are exempt from the California Environmental Quality Act pursuant to the common sense exemption set forth in CEQA Guidelines Section 15061(c), that it can be seen with certainty that there is no possibility that this action will have a significant effect on the environment; 2. Adopt the Resolution rescinding Resolution No. 2024-072 to Decertify Environmental Impact Report, setting aside Project approvals, and rescinding Resolution No. 2024-073 Amending the Fresno General Plan; and 3. Adopt the Ordinance repealing Ordinance No. 2024-0011 Amending the Official Zoning Map. EXECUTIVE SUMMARY On April 18, 2024, City Council took the following actions in connection with approving a proposed Costco at the northeast corner of West Herndon Avenue and North Riverside Drive, with a car wash and 32 fuel pumps: (1) Adopted Resolution No. 2024-072 certifying Environmental Impact Report SCH No. 2021100444 for 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 Application No. P21-03252; adopting findings of fact and statement of overriding considerations; and adopting a Mitigation Monitoring and Reporting Program; (2) Approved Conditional Use Permit Application No. P21-01959, Conditional Use Permit Application No. P21-03251, and Planned Development Permit Application No. P21-03252; (3) Adopted Resolution No. 2024-073 amending the Fresno General Plan (Plan Amendment Application No. P21-01960); and (4) Adopted Ordinance No. 2024-011 amending the Official Zoning Map. The Project's approval was subsequently challenged under CEQA by means of a Petition for Writ of Mandate (Petition) filed in Fresno County Superior Court (Court), Case No. 24CECG02208, Herndon-Riverside Coalition for Responsible Planning and Development v. City of Fresno et al. On July 17, 2025, the Court issued an order granting the First and Second causes of action of the Petition and denying the Third cause of action. The City was directed by the Court to decertify the Project EIR and set aside all related approvals for the Project, including General Plan Amendment and Rezone No. P21-01960, Conditional Use Permit No. P21-01959, Conditional Use Permit No. P21-03251, and Planned Development Permit No. P21-03252, no later than November 14, 2024. Adoption of the attached resolution and ordinance would comply with the Court's order to decertify the EIR and set aside Project approvals. ENVIRONMENTAL FINDINGS This action is exempt from the requirements of CEQA pursuant to the common sense exemption set forth in CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that this action will have a significant effect on the environment. Specifically, this action does not constitute an approval that will lead to a direct physical change to the environment, nor will it lead to an indirect physical change to the environment. Rather, this is a mandatory action the City must take in order to comply with a Court order. As such, this approval is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not implemented because this action does not include a bid, an award of a construction contract, or approval of a services contract. FISCAL IMPACT There is no impact to the General Fund. Attachments: 1. Resolution Rescinding Resolution No. 2024-072, setting aside project approvals, and Rescinding Resolution No. 2024-073 2. Ordinance Repealing Ordinance No. 2024-0011