The Fresno City Council has rejected a proposed apartment complex for northwest Fresno after significant pushback from the neighboring community.
The council voted 4-3 on Thursday to affirm the decision from the Planning Commission to turn the project down.
The backstory: In May, the Planning Commission rejected an 82-unit apartment complex that was proposed for the northeast corner of Herndon and Prospect Avenues during a hearing in which many members of the surrounding community spoke against the project, naming concerns about traffic and the impact it would have on nearby Tatarian Elementary School.
- Developer James Kuelskamp asked Mayor Jerry Dyer to appeal the decision, saying the rejection may violate state housing laws.
- Dyer and Councilman Mike Karbassi, who represents the area, appealed the decision on advice from the City Attorney’s Office that the city was likely violating state law by denying the project and would be at substantial risk of litigation and fines between $820,000 to $4.1 million.
The big picture: Karbassi was joined by Councilmembers Garry Bredefeld, Luis Chavez and Tyler Maxwell in opposing the project on Thursday.
- City Attorney Andrew Janz addressed the potential legal issues the city could face in regards to the Housing Accountability Act, which effectively requires cities to approve projects that fit zoning rules within 90 to 180 days.
- Janz said his office has been in contact with the state regarding the project, but the state has not rendered an opinion yet, making the city ultimately unsure of what will happen.
What they’re saying: Karbassi took issue with the developer not meeting with the community for years while the project was under consideration, saying some members of the community only had a chance to finally meet last month.
- “And the issue is, by the time you had a chance to meet with the developer, by their decision the cake was already baked, and nothing has changed since that meeting,” Karbassi said. “I think it’s been stated many times, the residents here that have talked this issue, many times it is said you do not oppose housing. That’s not the issue. But you want to be included in the process. You want for this city to recognize the historic infrastructure challenges of your neighborhood, and you want the city to take responsibility.”