The Fresno City Council rejected a proposed market-rate apartment complex in northwest Fresno on Thursday night after scores of neighbors vehemently opposed it, saying it would disrupt traffic and possibly bring unwanted people to the area.

Despite city staff saying that the developer went above and beyond design requirements, councilmember Mike Karbassi said the 82-unit, four-story complex was too close to nearby Herndon Avenue.

Planning and Development Director Jennifer Clark previously approved the complex’s distance of 68 feet from Herndon.

The council voted 4-3 against the project, with Karbassi, Garry Bredefeld, Tyler Maxwell, and Luis Chavez opposed. Council President Annalisa Perea and members Miguel Arias and Nelson Esparza supported it.

The denial, Karbassi said, overcomes any legal liability the city may have in turning down a housing project that meets zoning and code requirements.

“Everything has legal risk. I believe that the motion we made is legal. That is on the advice of our legal counsel,” Karbassi said. “And I hope that if the developer chooses to come back at some point, he would meet with residents.”

Project partner Lincoln Owensby said before the vote, “If the project were denied tonight, we would explore avenues of moving it forward, we have to, we’re invested in it a substantial amount.” He added that state and city laws protect the project.

Project proponent said the units would rent for $2,200 to $2,400 a month.

Arias: Neighbors Might Not Like What Comes Next

And, Arias warned residents that turning down the project may result in a new project they would less amenable to — one more dense that includes affordable housing. Under law, the complex could have up to 150 units if there were an affordable housing component.

“It’s very clear that this project can come back immediately as an affordable housing project with double the amount of units and less parking and be automatically approved by the administration without ever having a public hearing,” Arias said.

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An 82-unit apartment complex at Herndon and Prospect avenues was denied Thursday, July 26, 2024. (GV Wire Composite)

Neighbors’ Main Criticism Is Traffic

Project opponents nearly filled out council chambers. Their objections: construction noise, air quality, and increased traffic.

A recurring theme was how narrow Prospect and Valentine avenues are. An odd roundabout in the middle of the street also obstructs traffic.

Developers said they have no control over those matters.

Jennifer Owens, who lives in the area, talked about how complicated navigating the area’s narrow roads can be when picking up her grandchildren from nearby Tatarian Elementary. Adding 82 units would make problems worse, she said.

“The line of cars trying to get back out is so ridiculous that it causes a lot of traffic problems,” Owens said.

The project’s units would be spread across four buildings, three of them three stories and one of them four stories. The city said the project didn’t generate enough traffic to warrant a study on how many cars would impact the area.

In a previous presentation, architect Scott Vincent said traffic would only be congested in the morning and the afternoon, and that not everybody at the apartment would leave at once.

Neighbors of the project said they were never able to meet with developers about the project.

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Arias, Zanoni Square Off About Sex Offenders

Accusations of NIMBYism — “not in my backyard” — arose from some project supporters.

Given that the project met all the city requirements for height, density, parking, and design, Arias said there was no reason to object besides not wanting apartments near them.

Vincent said developers designed the building architecture to match the area’s aesthetic. They oriented the buildings — one of them nearly 50 feet tall — to minimize obstructing neighbors views.

Fresno County Sheriff John Zanoni — who lives in the area — said the tall buildings would overlook nearby Orchid Park and Tatarian Elementary. He said people look out at children at the school and park.

“This is an open invite for people to take residence in one of these apartments and have easy access to monitor our children,” Zanoni said.

Owensby said during the meeting they made the one building four stories tall to be able to afford on-site management. Having someone on site allows the project to be better managed, he said.

Arias objected to equating sex offenders with people who live in apartments.

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“Our sheriff presented this false narrative that apartment dwellers are more likely to be sex offenders and that having apartments near schools and parks would somehow attract sex offenders,” Arias said.

Property Rezoned Without Adequate Notification?

Developers were able to bring forward the apartment after the land was rezoned to residential from commercial in 2011. In 2014, changes to the General Plan under then-Mayor Ashley Swearengin allowed the property to go up to 50 feet and reach density of up to 30 units per acre.

Karbassi asked Fresno City Manager Georgeanne White how residents were notified of zoning changes at the time. She said a full-page ad was sent in the Fresno Bee to notify residents of the changes throughout the city.

White also said the city held several community meetings and one city-wide meeting.

Given how well-attended a neighborhood meeting in 2021 and a Planning Commission meeting about the project was, Karbassi said it stands to reason that if neighbors knew about the changes earlier, they would have objected then.

“We were never properly notified, when it comes to the city, when it comes to Operation Cleanup, we can get something put on our front door saying ‘Operation Cleanup is here’ but for something as important as this, we put it in the Fresno Bee?” said Greg Weaver, a neighbor of the project.

The Fresno Planning Commission in May turned down the project after residents raised similar objections to those raised Thursday.

Karbassi and Fresno Mayor Jerry Dyer appealed the Fresno Planning Commission’s denial of the project in May because their ruling could have left the city open to lawsuits, they said.