Following a court order and years of back-and-forth between the builder and neighbors, the Fresno City Council approved a plan for a controversial four-story apartment complex at Herndon and Prospect avenues.

With the threat of further litigation, councilmembers voted 4-2 to approve the project. Council President Mike Karbassi and Councilmember Tyler Maxwell voted no.

Karbassi said despite the threat of sanctions and more lawsuits, he wanted to vote alongside neighbors who said the project’s massive size does not fit the area.

“I know that our state is facing a housing crisis, Fresno is no exception to that,” Karbassi said. “But this constant push to increase density in our city, in my opinion in this case, it bypassed transparency and it bypassed community engagement.

“If these folks would have been considered, they would have told you why this is a terrible idea.”

Karbassi: What Consequences if Project Rejected

Land use changes in Fresno’s 2014 General Plan allowed the 82-unit Lincoln Park Apartment to be built. The luxury apartment complex met and exceeded required parking and green space minimums.

Despite meeting zoning requirements, neighbors in previous public meetings said it would cause traffic backups and affect nearby Tatarian Elementary. The city council in 2024 voted 4-3 against the project and soon after, developer James Huelskamp and Park 7, LLC sued the city.

In July, Judge Robert Whalen directed the city council to approve the project, leaving only the discretion on what environmental review would be needed.

Of note: A complaint was filed against Whalen for not disclosing that he accepted money from Huelskamp several times when he was a Clovis city councilmember.

Related Story: Complaint Filed Against Judge in NW Fresno Luxury Apartment Case

The recently approved Assembly Bill 130 further opened the door for the apartments, which exempts many infill projects from environmental review.

Karbassi asked City Attorney Andrew Janz what consequences there could be if the council did not approve the project.

Janz said defying the court order could open up the city to federal lawsuits from the developer and hundreds of thousands of dollars of sanctions from the court.

“If you violate a court order on purpose, the sanctions could be hefty,” Janz said.

Huelskamp’s lawsuit brought up public comments disparaging people who live in apartments, and though Whalen did not find the city acted in bad faith, Park 7 attorney David Emerzian said denying the project could sway the judge’s decision toward a “bad faith” ruling.

“My concern if the council violates the court’s order, the court may have a different finding on bad faith,” Emerzian said.

Public Had Limited Access to Process: Resident

Northwest Fresno resident Dennis Nard said neighbors had limited access to city resources such as planning department staff. He also said project files requested through the Public Records Act did not come until the day of the hearing.

“The process is tilted so heavily against the public that it should be embarrassing to the public officials,” Nard said.