After a state court remand, the Fresno City Council on Oct. 16 approved a development permit for an 82‑unit multifamily project at the Northeast corner of West Herndon and North Prospect.

Planning staff presented the application and said the site is 3.7 acres and zoned for multi‑family development; the applicant proposes four residential buildings totaling 82 units, a mix of three‑ and four‑story structures and roughly 154 parking spaces. Israel Trejo, planning staff, reviewed open‑space and parking calculations and noted the property’s long history: the site was rezoned to its current multi‑family designation several years earlier. The application originally received administrative approval in March 2024, was subsequently appealed to the planning commission, denied by the commission in May 2024 and upheld in July 2024 by the council; the developer appealed that decision to superior court. A judge ordered the council to make certain determinations and to consider a statutory procedural path under Assembly Bill 130 (AB 130). The court remanded the application back to the city with direction to select the appropriate environmental assessment and adopt conditions of approval.

Staff recommended the AB 130 statutory exemption pathway and added a condition requiring a Phase I environmental site assessment consistent with AB 130 procedures. The city attorney advised the council that refusing to comply with the court order could expose the city to court sanctions and added legal costs.

Residents from the Prospect neighborhood pressed the council during public comment, arguing the neighborhood lacks adequate road access and safety improvements and asking the council to honor earlier denials. Several speakers said they had repeatedly sought meetings and raised traffic, emergency response access and sidewalk safety concerns at Herndon and the nearby school. “Our park is the green space for this; the frontage‑road change and the roundabout make it harder for emergency vehicles to enter our neighborhood,” one caller said. Planners and the applicant said the project meets zone standards, provides required open space and parking, and that a Phase I assessment would address contamination questions.

Councilmember Maxwell moved approval; the motion was seconded and after a brief exchange the council voted 4 to 2 in favor of the development permit. The approved motion included the Phase I environmental assessment and conditions consistent with AB 130, as described in staff’s report. The council recorded the vote and asked staff to ensure follow‑up on park and local circulation issues that residents raised.

The developer’s attorney told the council a Phase I assessment had already been initiated and expected to conclude in late October. Staff said title vesting and building permit steps will follow standard processing once conditions are satisfied.