Judge orders Fresno to approve controversial luxury apartment complex project

FRESNO, Calif. (KSEE/KGPE) – A Fresno County judge ruled that the proposed apartment building in north Fresno, which sparked controversy since its proposal, should move forward.

The apartment building was proposed on May 4, 2021, when a petitioner submitted a Development Permit Application for a luxury apartment complex and updated the application weeks later, on May 26, 2021.

The building was going to be located in the area of Herndon and Prospect avenues.

Back then, the project sparked controversy among residents in the area – about 200 southwest Fresno residents spoke out against the project, stating it would increase traffic, crime and vandalism.

On Dec. 8, 2022, court documents reveal the City of Fresno denied the project, stating it was “out of compliance” with the setback requirements of the Expressway Area Overlay District, within which this project lies.

An appeal was heard on May 15, 2024, by the planning commission. They voted “to uphold the appeal,” finding “it doesn’t meet the General Plan.” The city council heard the appeal on July 25, 2024, and chose “to deny the appeal and uphold the decision of the Planning Commission to overturn the approval issued by the Director.”

According to court documents, the petitioners admitted the project was not in compliance with the City’s code, but the council denied the project in “bad faith,” due to the citizens’ comments.

On Monday, Whale said the project was “deemed consistent, compliant and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision of the City of Fresno and no minor deviation from the Expressway Area Overlay District is required,” ordering the city to approve the project if the council determines that the project meets the requirements for a categorical exemption from CEQA.

“To then deny the project for being non-compliant with the General Plan or FMC runs
afoul of the law,” the judge wrote.

In response, Council President Mike Karbassi released a statement, expressing his disagreement with the ruling, saying, “It is unfortunate that the developer of a luxury apartment complex is further burdening the neighborhood and the taxpayers of Fresno.”

The statement reads in part,

Unfortunately, this recent court ruling highlights how state law continues to erode local control,
stripping authority from representatives who work and live in these neighborhoods and hear directly from residents every day. Even more concerning is my constituents’ relaying their experiences with a developer whose approach to the project has been marked not just by neglect but by blatant disrespect toward a community that has consistently voiced thoughtful concerns. This behavior stands in stark contrast to many of our local developers who invest time in listening and collaborating with neighbors to build projects that align with shared values.

I remain committed to doing everything within my power to protect our neighborhoods, especially when it comes to addressing traffic, congestion, and the safety of our elementary-aged students. It is unfortunate that the developer of a luxury apartment complex is further burdening the neighborhood and the taxpayers of Fresno with the cost of addressing these issues. We absolutely need more housing, but we must build responsibly, with full transparency and genuine respect for the voices of the communities we serve.
Mike Karbassi

To read the court ruling, click here.