DATE: April 7, 2026
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Summary Vacation of Public Road Right of Way on North Van Ness Boulevard (Vacation Application No. V25-01) (Applicant: Naser Salem)
RECOMMENDED ACTION(S):
TITLE
1. Adopt Findings and Resolution approving the Summary Vacation of approximately 2,755 square feet of public road right-of-way on North Van Ness Boulevard near the intersection with West Palo Alto Avenue. The Board finds that:
a) The vacation is determined to meet the criteria for Summary Vacation, pursuant to Section 8334 Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code.
b) The right-of-way is not useful as a nonmotorized transportation facility or for the development of non-motorized transportation, pursuant to Section 892 of the Streets and Highways Code.
c) The vacation is consistent with the County General Plan.
2. Direct the Clerk of the Board of Supervisors to record the Resolution of Summary Vacation in accordance with Section 8336 of Chapter 4 Part 3 Division 9 of the Streets and Highways Code.
REPORT
The Department of Public Works and Planning (Department) received an application from Naser Salem (“Applicant”) to vacate approximately 2,755 square feet (sf.) of public road right-of-way (ROW) located along North Van Ness Boulevard. The proposed vacation is 15 feet wide and runs 183.66 feet along the east side of the Applicant’s property. The Applicant applied for the vacation to resolve a fence encroachment.
Your Board’s approval of the recommended actions will vacate the public road ROW in the requested area and resolve the fence encroachment.
This item pertains to a location in District 2.
ALTERNATIVE ACTION(S):
Your Board may elect not to approve the recommended actions and allow the area to remain a public road ROW; however, the Applicant’s fencing will continue to encroach in the ROW.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. Sufficient appropriations and estimated revenues are included in the FY 2025-26 Adopted Budget for Public Works and Planning, Roads Org 4510.
DISCUSSION:
The Applicant is requesting the vacation so that the existing fence will no longer encroach within the County ROW. If the vacation is approved, this portion of North Van Ness Boulevard will be conveyed to Nasar Salem, the Applicant, who will assume all maintenance and responsibility. Fresno County currently holds a 120-foot public ROW easement along this section of North Van Ness Boulevard; however, comparable nearby streets have 60-foot ROWs. The Department has determined that the requested vacation area is excess ROW and is no longer required for street or highway purposes.
The Board of Supervisors, as the legislative body of the County, a local agency, may summarily vacate a public road ROW pursuant to Section 8334(a) Chapter 4 of Part 3 of Division 9 (Summary Vacation) of the Streets and Highways Code if the Board of Supervisors determines and finds that it is no longer necessary for present or prospective public use.
As part of the standard vacation request review process, comments were solicited and received from Department staff, and various agencies. All solicited commenters were allowed no less than 30 days to respond. As of the date that this item was submitted to your Board, no comments were received in opposition to the proposed Summary Vacation.
REPORT OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS AND PLANNING:
Roadway classifications listed in the Transportation and Circulation Element of the General Plan include freeways, expressways, super arterials, arterials, and local roads. This segment of North Van Ness Boulevard is designated as both a local road and a landscaped drive in the County of Fresno’s adopted General Plan. The area proposed for Summary Vacation is within the public ROW and is included in the County’s maintained mileage system. The proposed Summary Vacation, if approved by your Board, would not impact area-wide circulation patterns, disrupt existing traffic patterns or conflict with applicable General Plan policies.
As a result, the proposed Summary Vacation will not conflict with the transportation goals and policies of the Fresno County General Plan.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Department staff has determined that the North Van Ness Boulevard road vacation is categorically exempt from the provisions of CEQA under Section 15061(b)(3) - Common Sense.
OTHER REVIEWING AGENCIES:
Agencies notified of the proposed Summary Vacation request were Pacific Gas & Electric Company, Comcast, Fresno Flood Control, American Telephone & Telegraph Company, Fresno Irrigation, Fresno County Fire, City of Fresno Fire Department, Westland’s Water District, Fresno County Sheriff, Pinedale County Water, City of Fresno Planning Department, City of Fresno Traffic Signal and Street Light, City of Fresno Department of Public Utilities- Water Sewer, Central Valley Independent Network- Vast Network, Verizon.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Location Map
On file with Clerk - Resolution of Summary Vacation
CAO ANALYST:
Maria Valencia