VALLEY ADVOCATES v. City of Fresno

This appeal concerns an application to demolish a building located in downtown Fresno and expand a parking lot onto the cleared land. The building is one of two nearly identical 90-year-old apartment buildings located next to one another. After receiving the site plans, the City of Fresno (City) (1) decided not to list either building in the local register of historic resources, (2) rejected an argument that the buildings were historic resources for purposes of the California Environmental Quality Act (CEQA), (3) determined the proposed project was exempt from CEQA, and (4) approved the project.

A local organization and a local resident sought a writ of mandate alleging City violated various CEQA provisions in (1) rejecting the argument that the buildings were historical resources for purposes of CEQA and (2) deciding the project was exempt from CEQA. They contend City subverted the CEQA process, especially its public notice provisions, by treating City’s earlier denial of an application to list the buildings in the local register of historical resources as resolving the question whether the buildings were an historic resource for purposes of CEQA. They also argue City’s…