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Exhibit M - Letter [February 3, 2021]

Fresno City Council
October 13, 2022

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Exhibit M - Letter [February 3, 2021]
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October 13, 2022
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Fresno City Council
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Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

Exhibit M

February 3, 2021

Planning Commission

2600 Fresno St.

Fresno, Ca 93721

<sent via email>

Comment Letter RE: Agenda Item ID-21-206 — Request Denial of Plan Amendment

Application No. P20-01665

Dear Planning Commissioners,

We respectfully request that the Planning Commission deny the Plan Amendment Application

No. P20-01665. This plan amendment does not comply with the intent and vision of the

Southwest Fresno Specific Plan. It is also not consistent with the General Plan goals and

policies, and the addendum to the Program Environmental Impact Report is inadequate.

Leadership Counsel for Justice and Accountability works alongside some of the most impacted

communities in the City of Fresno to advocate for sound policy and eradicate injustice to secure

equal access to opportunity regardless of wealth, race, income, and place. ​
We work in

partnership with community leaders on various issues such as affordable housing, essential

services, and the right to live free from industrial pollution with infrastructure that supports

healthy lifestyles.

Historically, the City of Fresno has used its city’s southern region as its dumping grounds for any

type of land use that is not appropriate for its segregated northern Fresno communities, where

affluent Caucasian citizens are the primary demographic. This City’s segregation is no accident

as this country’s history of redlining, as well as discriminatory investment and development

practices, have created the tale of two cities we have today. As the city tries to right its racially

divided and historical wrongs of the past, the Southwest Fresno Specific Plan emerged. It

created a twenty-one member steering committee and engaged hundreds of community

members. Throughout the two-year process, the committee and the community specifically

stated that the heavy and light industrial land uses must stop being placed next to and within

their African-American, Latino, and Hmong communities.

According to the CalEnviroScreen
​
1 ​
, a statewide tool evaluating socio-economic, public health,

and pollution burden, Southwest Fresno ranks in the top 1% of city census tracts of the most

polluted, heavily burdened areas with poor health outcomes in the state. Yet, this city’s only

1 https://oehha.ca.gov/calenviroscreen/maps-data

2210 San Joaquin Street, Fresno, CA 93721

Telephone: (559) 369-2790

priority continues to focus on the economic goals by way of industrial growth rather than a

comprehensive approach balancing quality jobs with upward mobility and creating healthy,

complete communities. The argument of more jobs regardless of the source as the only

solution is not and has not been the answer for improving the Southwest Fresno community.

Jobs without living wages and benefits, upwards mobility, community benefits agreements, and

without proven mitigation measures will only continue to increase the equity gaps in

communities of color. The City of Fresno should plan economic growth that will uplift Southwest

Fresno and not continue to propose or approve land-use decisions that sacrifice the lives of

communities of color.

The proposed amendment’s findings of the Fresno Municipal Code wrongfully states the

changes “seems to comply with the intent of the Vision for the SWFSP.” Changing the zoning to

Light industrial from Neighborhood Mixed Use does not comply with the vision nor

the guiding principles of the SWFSP, Chapter 2 (Vision), Subsection B (Guiding Principles) of

reducing, monitoring, and mitigating negative impacts of industrial uses; nor does it comply with

prohibiting new industrial development; nor relocating new industrial development away from

residential neighborhoods.

This plan amendment does the exact opposite of the stated purposes within the SWFSP.

Chapter 2 (Vision), Subsection B (Guiding Principles) of the SWFSP states a guiding principle of

increasing transparency and communication between government agencies, residents, and

stakeholders. Upon reviewing the Public Hearing Notice Radius map, the planning department

did the bare minimum of giving public notice to those within 1,000 feet of the planned zoning

change. At 1,100 feet west of the project area lies the West Fresno Elementary and Middle

schools and the beginning of two residential neighborhoods. Yet, these communities were not

notified that the SWFSP they engaged in is at risk of reverting to its former unwanted zoning.

The stakeholders and community members of the SWFSP fully understand the importance of a

sound and vibrant economy for the city of Fresno and southwest Fresno. However, a

generalized rezone of all 92 acres of these parcels will forgo the Southwest Fresno Specific

plan’s ability to continue to hold industrial development accountable. These businesses must

work towards creating fewer to no impacts on the citizens that call Southwest Fresno home.

The businesses within this area that were initially classified as light industrial zoning before the

Southwest Fresno Specific Plan update can still do their business as usual.

The purpose of Neighborhood Mixed-use in the SWFSP not only limits the future unhealthy

environmental impacts on the community 1,100 feet away, but it also allows for the planning and

investment in businesses that serve this community, like a grocery store in a food desert. To

change zoning to Light and future Heavy Industrial zoning opens this area of Southwest Fresno

back up to the perpetual racist ‘dumping’ of high polluting industry on a community that is

predominantly made up of citizens of color.

2210 San Joaquin Street, Fresno, CA 93721

Telephone: (559) 369-2790

Additionally, this proposed amendment did not go before the District 3 Implementation

Committee as required by the Municipal Code.
​
Section 15-5807 states that
​
“council district

committees shall review and provide comments on text amendment applications, rezones, or

plan amendments.”
​
2 ​
At no time was this district’s committee informed of such a significant

change that would negatively alter their community’s makeup. Moving forward with this agenda

item is in direct violation of the Fresno Municipal Code.

Moreover, an addendum for this project is inappropriate because the changes of a rezone from

Neighborhood Mixed-Use to Light Industrial are more than technical and minor and have

consequential health impacts on the neighborhoods and schools near it. The addendum to the

final PEIR confirms that the San Joaquin Valley Air Pollution Control District (SJVAPCD) finds

that the air quality is out of extreme nonattainment based on the Federal standards. Yet this

PEIR also counter-intuitively states that no significant impact will result from rezoning an area to

Light Industrial, which will by definition cause more allowable polluting factors than

Neighborhood Mixed Use zoning.

The City’s approval of the proposed Project—which will cause significant adverse impacts on

the already overburdened neighborhoods surrounding the Project—does not comply with

CEQA. CEQA’s central purpose is to inform “the public and government officials of the

environmental consequences of decisions before they are made ​
.” Laurel Heights Improvement

Assn. v. Regents of University of California
​
, 47 Cal.3d 376, 392 (1988). The Addendum does

not adequately analyze or attempt to mitigate the proposed Project’s significant impacts on the

environment and health of the surrounding community, including sensitive receptors such as the

West Fresno Elementary and Middle Schools and residential homes across the street from the

Project site. Nor was the Addendum even circulated for public review. Thus, the City’s approval

of the proposed Project falls far short of CEQA’s informational mandates.

For the Planning Commission to adopt the addendum to the Final Program Environmental

Impact Report for the Southwest Fresno Specific Plan would be an egregious and blatant racist

decision and an insult to the work that the residents and stakeholders of this city have put into

the Southwest Fresno Specific Plan.

It is inaccurate to state that this proposed addendum to the program EIR and rezone would not

result in new or substantially more severe significant effects, or that no new mitigation measures

are required for the proposed project because there would be no new impacts to the current

environmental issues. It is inaccurate because some of these impacts include:

2 https://www.google.com/url?q=https://library.municode.com/ca/fresno/codes/code_of_ordinances&sa=D& source=editors&ust=1612387851162000&usg=AOvVaw0m3QQWJdeZxadl7OaAwbyB

2210 San Joaquin Street, Fresno, CA 93721

Telephone: (559) 369-2790

●
The amount of substantial light or glare adversely increases and there will be a decrease

in a true visual nighttime level of darkness in the area.

●
The amount of heavy duty trucks vibrates the streets and the homes to the point that our

public works department can not maintain and prevent severe pot holes and broken

water main lines that run under the streets

●
The amount of heavy duty trucks and influx of employee cars will cause increased

congestion and safety issues for residents.

●
There will be an increase in the amount of PM2.5 and NOx air pollution due to increased

heavy duty trucks and diesel emissions.

●
There will be an increase in detrimental health impacts on: the students at two schools,

the residents served at the health center who ride and wait for the bus along Elm Ave

and the communities that are 1200 feet away.

It has already been proven that if you live in south Fresno, your life expectancy is 20 years less

than the citizens that live in north Fresno
​
3 ​
. By approving the addendum to the SWFSP and the

rezoning application, you are continuing to be a part of why that statistic perpetuates. We urge

this Planning Commision to not approve these changes that are before you. If any questions

shall arise do not hesitate to contact me at my email or phone below.

Sincerely,

Ivanka Saunders

Policy Advocate

Leadership Counsel for Justice and Accountability

[email protected]

(805) 680-7210

3 https://www.naphsis.org/usaleep

2210 San Joaquin Street, Fresno, CA 93721

Telephone: (559) 369-2790

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