The State of California has won a victory in court against the City of Tulare over the city’s Zoning Ordinance Update.
A Tulare County judge ruled against the city over its 2024 zoning update, California Attorney General Rob Bonta announced on Friday.
The backstory: Bonta’s office filed a lawsuit against Tulare last year over the zoning update, which allowed cold-storage and other facilities to be permitted by-right in light and heavy industrial zones.
- While the Tulare City Council had approved the ordinance without conducting an environmental review, Bonta argued it violated the California Environmental Quality Act (CEQA).
- The state also argued that the Matheny Tract – a historically Black community now with a Hispanic population of nearly 90% – would be adversely affected by the update.
The big picture: The court ruled that the Zoning Ordinance Update violated CEQA and directed the city to void the update.
- Tulare will have to comply with CEQA before taking any future actions with its cold-storage zoning.
What they’re saying: “For too long, communities of color and low-income communities have borne the brunt of pollution, leaving them with devastating impacts to their health,” Bonta said. “Today’s ruling shows that the rule of the law, including CEQA, ensures California’s economic development does not come at the expense of clean air, safe water, and healthy neighborhoods.”
- Bonta said state law gives communities a voice in the decisions that shape their lives.
- “At the California Department of Justice, we will continue to stand firm that environmental justice and economic opportunity go hand in hand,” Bonta said. “We will continue to uphold laws such as CEQA as a cornerstone of both.”
- The Sun reached out to the City of Tulare for comment and asked if the city plans to appeal but did not receive a response by publication.
