DATE: November 3, 2026
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Vacation of South Ohio Avenue and West Lincoln Avenue Public Road Right-of-Way (Vacation Application No. V25-03) (Applicant: Heartland Solar 1, LLC)
RECOMMENDED ACTION(S):
TITLE
Adopt a Resolution of Intention initiating a hearing under Public Streets, Highways, and Service Easements Vacation Law under the Streets and Highway Code (the “Vacation Law”), setting 9:30 a.m., on December 8, 2026, in the Board of Supervisors chambers as the time, date, and place for the Board to conduct a hearing for the proposed vacation of a portion of South Ohio Avenue and West Lincoln Avenue public road right-of-way (ROW) (Vacation Application (VA) No. V25-03), directing the Clerk of the Board to cause the posting and publishing of notice(s) as required by Vacation Law, and directing the Department of Public Works and Planning to post notices on site as required by Vacation Law.
REPORT
There is no Net County Cost associated with the recommended action. Approval of the recommended action will adopt a resolution of intent pursuant to Vacation Law and schedule a hearing for your Board to consider the proposed vacation of a 30-foot-wide segment of South Ohio Avenue and a 60-foot-wide segment of West Lincoln Avenue (VA No. V25-03), which is situated approximately six miles southwest of the City of Mendota. Approval of the recommended action will direct the Clerk of the Board to post and publish required notices and direct the Department of Public Works and Planning (Department) to post notices on-site notices, as required by Vacation Law.
Heartland Solar 1, LLC (Applicant) submitted a vacation application to the Department to vacate the portions of unmaintained County road easements within the Heartland Solar Project (Unclassified Conditional Use Permit (UCUP) No. 3630), which will clarify land ownership and consolidate control of the property for the proposed solar project. Vacating these road easements will simplify long-term land management and achieve environmental compliance efforts by shifting responsibility for any future private road use or improvements in this area to the project operator. Approval of the recommended action will support the Applicant’s effort to satisfy conditions of approval included in UCUP No. 3630 and allow the project to move forward to development. The Applicant has met all other agency requirements. This item pertains to District 1.
ALTERNATIVE ACTION(S):
Your Board may elect not to approve the recommended action, in which case the Heartland Solar Project would be delayed, as the current road easements do not provide adequate egress/ingress to the proposed solar facility in the event of an emergency. Additionally, the portions of South Ohio Avenue and West Lincoln Avenue would remain unmaintained ROW and will continue to affect the Applicant’s project.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. The Applicant paid the required fees totaling $3,279 for the costs to process the VA, per the Master Schedule of Fees, Charges, and Recovered Costs.
DISCUSSION:
The Board of Supervisors may vacate public road ROW pursuant to Vacation Law upon finding that the road ROW is unnecessary for present or prospective public use, determining it is not useful as a nonmotorized transportation facility, and determining that it conforms to the Fresno County General Plan based on consideration of the Director’s report. These findings and determinations may be made following a public hearing, scheduled for December 8, 2026, at 9:30 a.m. If approved by your Board, the Resolution of Vacation will not be recorded until a reclamation agreement and limited access easement have been fully executed by the Applicant, as allowed by Vacation Law, Section 8324.
REPORT OF THE DIRECTOR:
The Transportation and Circulation Element of the General Plan provides Roadway classifications such as freeways, expressways, super arterials, arterials, and local roads. South Ohio Avenue and West Lincoln Avenue are designated as local roads, which are defined as roads that provide direct access to abutting properties and connect with other local roads, collectors, arterials, super arterials, and expressways. Although typically developed as two-lane undivided roadways, both portions of South Ohio Avenue and West Lincoln Avenue are unimproved local dirt roads located in a rural area approximately six miles southwest of City of Mendota. These road segments do not provide public access beyond the Heartland Solar Project area and will serve the developed solar project and properties. Vacating this portion of ROW would consolidate land control within the project area and eliminate public access that has contributed to nuisance activities.
The proposed vacation would not result in impacts to area-wide circulation patterns or disrupt existing traffic patterns and is consistent and in conformance with the transportation goals and policies of the Fresno County General Plan.
CALIFORNIA ENVIRONMENTTAL QUALITY ACT (CEQA):
On June 4, 2026, the Fresno County Planning Commission certified Environmental Impact Report (EIR) No. 7564 (State Clearinghouse No. 2022100609) and approved UCUP No. 3630 to allow the construction and operation of the Heartland Solar Project. The project’s EIR analyzed local road vacation the potential for such vacations as an essential part of project development.
Specifically, Impact 3.18-4, as identified in the EIR, analyzed adequacy of emergency access and noted that the Project site is located in a rural area with multiple potential access roads allowing adequate egress/ingress to the proposed solar facility in the event of an emergency. If the Project is approved, currently unmaintained County roadway easements could be vacated. The road segments proposed to be vacated are not part of the improved roadway system used under baseline conditions and so vacation of the segments would not affect the adequacy of existing emergency access. In the event of an emergency, the access to/from, and within the Project site would be maintained by the Applicant.
OTHER REVIEWING AGENCIES:
Agencies notified of the proposed vacation were AT&T Distribution, Chevron Environmental Management Co (CEMC), City of Mendota, County of Fresno Sheriff, CVIN LLC, Fresno County Fire Protection District, Gill Ranch Storage LLC, Pacific Gas & Electric Company, and Westlands Water District. The Applicant satisfied all other agency conditions.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Location Map
On file with Clerk - Resolution of Intention and Notice of Hearing
On file with Clerk - Notice
CAO ANALYST:
George Uc