Tulare fires back at Bonta over zoning lawsuit

Tulare is looking into hiring an attorney who specializes in CEQA in order to fully fight Bonta’s lawsuit.

The City of Tulare has responded to the lawsuit from California Attorney General Rob Bonta, saying the state refused to meet with the city after requests last year. 

The backstory: Bonta announced last week that the state is suing Tulare over the city’s Zoning Ordinance Update, which allows cold-storage and other facilities to be permitted by-right in light and heavy industrial zones. 

  • The Tulare Council approved the update in December without conducting an environmental review, with the update exempt from the California Environmental Quality Act (CEQA). 
  • Bonta argued in the lawsuit that the by-right development of cold-storage and other industrial facilities violate CEQA. 
  • He also argued that the Matheny Tract, a historically Black community now with a Hispanic population of nearly 90%, would be adversely affected. 

Tulare’s response: Tulare issued a response to the lawsuit on Wednesday, saying Bonta’s assertion that the city now allows cold-storage facilities to be developed by-right in the recent zoning update is false. 

  • Tulare said the General Plan and Environmental Impact Report that established the by-right uses were adopted in 2014. 
  • The Zoning Ordinance Update did not make any changes to the regulation of cold-storage facilities and warehouses since they have always been a permitted use by-right in light and heavy industrial zones. 

Go deeper: Tulare also highlighted its work with the Matheny Tract, which is located outside of city limits and is regulated by Tulare County. 

  • Tulare constructed a $7.5 million well to provide clean drinking water to the community. It also agreed to accept the tract’s effluent waste into the city’s waste-water treatment plant. 

What we’re watching: The city said it has received requests from Bonta’s office and other special interest groups, including the Leadership Counsel for Justice and Accountability, to down zone privately owned properties around the Matheny Tract from light industrial to residential or another less intensive use. 

  • The city said it will work with Bonta’s office to amicably resolve any concerns and is cautious of doing so by unduly infringing upon the private property rights of others. 
  • Tulare is considering retaining special legal counsel that specializes in CEQA litigation to fully respond to the lawsuit. 

What they’re saying: “It is unfortunate the Attorney General’s office refused to communicate with the City to seek clarification prior to issuing its press release or filing its petition, even though I reached out last year requesting a meeting on this very topic; to which I did not receive a response,” said Tulare City Manager Marc Mondell.” 

  • Mondell added that the city has been discussing the possibility of annexing the Matheny Tract. 
  • “Annexation would provide residents a stronger voice within City Hall and allow the potential expenditure of federal Community Development Block Grant funds, and perhaps other funds, within their community towards additional infrastructure,” Mondell said. 
Total
0
Shares
Related Posts