An artist's rendering of the proposed Costco warehouse at Herndon Avenue and Riverside Drive in Northwest Fresno. Draft EIR image

A Fresno County judge has set aside approvals for the new Costco facility near Herndon Avenue and Highway 99 last week, saying the city must try again for approval to comply with state environmental laws.

A group called Herndon-Riverside Coalition for Responsible Planning and Development challenged the project in court after the council approved the relocation in April 2024.

Plans call for the store to relocated to Herndon Avenue and Riverside Drive from its current location at West Shaw Avenue. It would total 219,000 square feet and include a 32-pump gas station.

The news was first reported by GVWire on Monday.

The council approved a general plan amendment and rezone for the project, but the protest group contends that the project includes a warehouse and distribution facility, called a “market delivery operation” or MDO, that doesn’t fit the general commercial zoning.

The City’s contention is that the entire retail warehouse is consistent with that zoning. But Judge Jonathan M. Skiles didn’t make that finding, and is telling the City of Fresno to set aside approvals and an environmental review for the project, and approve another set of documents that comply with the California Environmental Quality Act.

“The City’s approval of the Plan Amendment Rezone Application is devoid of any finding of fact supporting the conclusion that the MDO is an accessory use to the retail warehouse component,” according to the court ruling dated July 17.

Skiles also found that the certification of the environmental impact includes an inadequate plan for reducing greenhouse gas emissions.