Citizens for Restoration of L Street v. City of Fresno

INTRODUCTION

The City of Fresno (the City) approved a residential infill development project in downtown Fresno to build 28 two-story townhouses. The project site contained vacant parcels and two lots with houses built in the early 20th century. A citizens group interested in historical resources in downtown Fresno challenged the City’s approval of the townhouse project, particularly its decision to issue demolition permits for the two houses. The trial court decided the City violated certain procedural requirements of the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) in approving the project, but applied the correct legal standards in determining the two houses were not “historical resources” protected by CEQA. Both sides appealed.

The City’s appeal concerns (1) whether CEQA and other applicable law allowed it to assign the authority to approve both the mitigated negative declaration and the project to the City’s Historic Preservation Commission (Preservation Commission) and (2) whether the City actually delegated that authority.

Plaintiff’s cross-appeal concerns whether the City and the Preservation Commission should have prepared an…