State sues Tulare over not conducting CEQA review for zoning update

Tulare’s zoning update would allegedly pose an environmental threat to a disadvantaged community.

Tulare faces a lawsuit from the State of California over its zoning law. 

California Attorney General Rob Bonta announced Wednesday that the state is challenging Tulare’s Zoning Ordinance Update, which allows cold-storage and other facilities to be permitted by-right in light and heavy industrial zones. 

The backstory: The Tulare City Council approved the zoning update in December without conducting an environmental review, saying at the time that the update was exempt from CEQA. 

The big picture: Bonta argues in the lawsuit that Tulare improperly approved its zoning ordinance without environmental review, even though the by-right development of cold-storage and other industrial facilities violate the California Environmental Quality Act (CEQA). 

  • Bonta also argues that Tulare’s zoning ordinance is in conflict with its own general plan and in violation of state law. 

Why it matters: By-right permitting allows development to occur without further environmental review or other mitigation measures that consider health and environmental impacts. 

Zoom in: One of the communities that would be affected is the Matheny Tract, a community that was historically comprised of African Americans but now has a Hispanic population that makes up nearly 90% of its residents. 

What he’s saying: “As Attorney General, I have a responsibility to enforce the state’s environmental laws, and I am committed to standing up for communities that too often are overlooked,” Bonta said. “Matheny Tract residents deserve environmental protections that prioritize their health and well-being. That’s why we’re filing this lawsuit, which would hold the City of Tulare accountable for violating the law and compel the City to fulfill its legal requirements to mitigate the potential environmental harms to local residents.”

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