The developer of a proposed apartment complex in northwest Fresno that was rejected by the City Council is suing the city.
LandValue Management, LLC, is accusing the city of violating the Housing Accountability Act.
The backstory: LandValue Management proposed an 82-unit apartment complex at the northwest corner of Herndon and Prospect Avenues, which would be near Tatarian Elementary School.
- But the Planning Commission rejected the proposal in May after many people from the surrounding neighborhood spoke out in opposition.
- Mayor Jerry Dyer and Councilman Mike Karbassi appealed the decision on the advice of City Attorney Andrew Janz, who said the city was likely violating state law.
- That appeal was ultimately denied as well in July. Karbassi and Councilmembers Garry Bredefeld, Luis Chavez and Tyler Maxwell voted to reject the project. Karbassi said during the July hearing that LandValue Management should have met with the community while the project was under consideration for the past few years in order to smooth out any issues.
Driving the news: Fresno city code requires the proposed four-story building to be at least 75 feet from Herndon Ave. Plans for the development placed it at 68 feet.
- However, city code has an exception built in for less than 10% if there are “unusual circumstances.”
- The Housing Accountability Act prohibits local governments from rejecting a housing development that complies with zoning standards. Projects are required to be approved within 90 to 180 days under the law.
The big picture: LandValue Management filed the lawsuit last week in the Fresno County Superior Court, alleging the project was improperly denied by the city.
- The lawsuit states that the city was required to provide a written notice within 30 days if there was any part of the project that was not in compliance once the application is complete. LandValue Management completed its application on June 3, 2021, and did not receive notice about the setback requirements until Dec. 8, 2022.
- LandValue Management also argues that Herndon Ave.’s expressway zoning is unique, making it an unusual circumstance to allow for the 10% exception in city code. Herndon Ave. is the only street in Fresno that is designated as an expressway.
- “The Expressway Overlay zoning standard is also unique because it establishes setback standards for housing development projects that are either 200 feet from the right of way, or 75 feet from the center line of the nearest moving traffic lane of the abutting roadway,” the lawsuit reads. “Other land uses within the Expressway Overlay are only required to comply with a 30-foot setback standard.”
- The lawsuit says the developer filed a Minor Deviation application in March and received confirmation from city staff that the project would satisfy the requirements for a 10% deviation setback, allowing it to move forward with the 68-foot setback.
Read the lawsuit:
