Exhibit O
April 5, 2021
Planning Commission2600 Fresno St.Fresno, Ca 93721 <sent via email> Comment Letter RE: Request Denial of Plan Amendment Application No. P20-01665,Rezone Application No. P20-01665 and the related Environmental Assessment No.P20-01665 Dear Planning Commissioners,
We respectfully urge that thePlanning Commissiondeny the Plan Amendment ApplicationNo. P20-01665, Rezone Application No. P20-01665, andthe related EnvironmentalAssessment No. P20-01665.
Leadership Counsel for Justice and Accountabilityworks alongside some of the most impactedcommunities in the City of Fresno to advocate forsound policy and eradicate injustice to secureequal access to opportunity regardless of wealth,race, income, and place.We work inpartnership with community leaders on various issuessuch as affordable housing, essentialservices, and healthy land-use practices that fosterthe right to live free from industrial pollutionwith infrastructure that supports healthy lifestyles.One of these communities include partneringwith community members residing in Southwest Fresnoto support, elevate, and advocatecommunity-driven priorities and solutions—includingthat of creating a healthy SouthwestFresno community.
Southwest Fresno ranks in the top 1% of city censustracts of the most environmentally andsocio-economically burdened areas of the state accordingto CalEnviroScreen 1 , a statewide toolevaluating socio-economic, public health, and pollutionburden. Yet, this city’s only prioritycontinues to focus on the economic goals by way ofindustrial growth rather than acomprehensive approach balancing quality jobs withupward mobility and creating healthycommunities. The argument of more jobs, regardlessof the source, as the only solution, is notand has not been the answer for improving the SouthwestFresno community. Jobs withoutliving wages and benefits, upward mobility opportunities,community benefits agreements, and 1 https://oehha.ca.gov/calenviroscreen/maps-data
2210 San Joaquin Street, Fresno, CA 93721Telephone: (559) 369-2790
without proven mitigation measures, will only continue to increase the equity gaps andenvironmental injustices in communities of color. The City of Fresno should plan economicgrowth that will uplift Southwest Fresno and not continueto propose or approve land-usedecisions that sacrifice the lives of communitiesof color.
We urge the Planning Commission to support the community’sdecision and deny the planamendment, rezone, and environmental assessment asit does not comply with the intent andvision of the Southwest Fresno Specific Plan and theGeneral Plan. Moreover, the addendum tothe Program Environmental Impact Report is inadequateand does not properly assess thesignificant environmental and community impacts changingthe zoning back to industrial usehas on the community. Lastly, the changes are unalignedand violate the intentions andrequirements as established in the TransformativeClimate Communities Program, AB 617:Community Air Monitoring Program, and AB 686 to affirmatively further fair housing.
I. Incompliance with the intent and vision of the SouthwestFresno Specific Plan(SWFSP) Historically, the City of Fresno has used its city’ssouthern region as its dumping grounds for anytype of land use that is not appropriate for its segregatednorthern Fresno communities. ThisCity’s segregation is no accident as this country’shistory of redlining, and discriminatoryinvestment and development practices, have createdthe tale of two cities we have today. As thecity tries to right its racially divided and historical wrongs, the SWFSP emerged. It created atwenty-one-member steering committee and engaged hundredsof community members.Throughout the two-year process, the committee andthe community specifically stated that anyform of heavy and light industrial land uses muststop being placed next to and within theirAfrican-American, Latino, and Hmong communities.
The original decision to have the zoning use of NeighborhoodMixed-Use in the SWFSP was tolimit the increase of future unhealthy environmental uses on the community. Especially in thisarea where two schools, two senior housing complexes,a community center, a park, andhundreds of homes are all within close proximity.Neighborhood Mixed-Use will facilitate futureplanning and investment in businesses that serve thiscommunity. For example, a bodega-stylegrocery store in a food desert could be placed here,owned and managed by the householdliving above. To change zoning to Light Industrial zoning will create a domino effectperpetuating historically racist development patternsby ‘dumping’ industry on a community ofcolor.
As previously noted, the proposed changes are counterto what hundreds of residentsprioritized, which are reflected in the SWFSP visiondocument. The proposed rezone and 2210 San Joaquin Street, Fresno, CA 93721Telephone: (559) 369-2790
amendment’s findings of the Fresno Municipal Code wrongfully state that the changes ``seem tocomply with the intent of the Vision for the SWFSP.” Changing the zoning to Light industrialfrom Neighborhood Mixed Use does not comply with thevision nor the guiding principles of theSWFSP, Chapter 2 (Vision), Subsection B (Guiding Principles)of “reducing, monitoring, andmitigating negative impacts of industrial uses’; nordoes it comply with ‘prohibiting new industrialdevelopment’; nor ‘relocating new industrial developmentaway from residential neighborhoods''.
This plan amendment also does the exact opposite ofthe stated purposes within the SWFSPChapter 2 (Vision), Subsection B (Guiding Principles).A guiding principle here states the intentof the plan to increase transparency and communicationbetween government agencies,residents, and stakeholders. On Feb 3, 2021, thePlanning Commission gave the Applicant thedirective to return to the community to do outreachand get feedback regarding the proposedchanges. Though the applicant claimed to have increasedits outreach to a 2000 feet radiusnotice, this leaves out countless residents originallyengaged in the SWFSP process.Engaging this entire group is necessary to committo the previously mentioned guiding principleas this application would change the zoning withinthe Southwest Fresno specific plan.
Moreover, according to the Fresno’s Municipal CodeSection 15-404 “any legal non-conforminguse may be continued indefniitely”.. Meaning, thebusinesses within this area that were locatedhere legally before the plan was updated can continuedoing their business and operations asusual. Matter of factly, the businesses have the rightto apply for conditional use permits if theywant to expand their businesses. There is no reasonto approve these changes as the SWFSPallows existing facilities to remain, meanwhile, workingtowards the goal of creating fewer to noimpacts on the residents that call Southwest Fresnohome.
II. Inadequacy of the Environmental Assessment
An addendum for this project is inappropriate becausethe changes of a rezone fromNeighborhood Mixed-Use to Light Industrial are morethan technical and minor and haveconsequential health, safety, air, and environmental impacts on the neighborhoods and schoolsnear it. The addendum to the final PEIR confirms that the San Joaquin Valley Air PollutionControl District (SJVAPCD) finds that the air qualityis out of extreme nonattainment based onthe Federal standards. Yet this PEIR also counter-intuitivelystates that no significant impact willresult from rezoning an area to Light Industrial,which will by definition cause more allowablepolluting factors than Neighborhood Mixed Use zoning. 2210 San Joaquin Street, Fresno, CA 93721Telephone: (559) 369-2790
The City’s approval of the proposed Project—which will cause significant adverse impacts onthe already overburdened neighborhoods surroundingthe Project—does not comply withCEQA. CEQA’s central purpose is to inform “the publicand government officials of theenvironmental consequences of decisions before theyare made.” Laurel Heights ImprovementAssn. v. Regents of University of California, 47 Cal.3d376, 392 (1988). The Addendum doesnot adequately analyze or attempt to mitigate theproposed Project’s significant impacts on theenvironment, air, safety, and health of the surroundingcommunity, including sensitive receptorssuch as the West Fresno Elementary and Middle Schoolsand residential homes and Seniorcitizens apartments across the street from the Projectsite. Thus, the City’s approval of theproposed Project falls far short of CEQA’s informational mandates.
It is inaccurate to state that this proposed addendumto the program EIR and rezone would notresult in new or substantially more severe significanteffects, or that no new mitigation measuresare required for the proposed project because therewould be no new impacts to the currentenvironmental issues. It is inaccurate because someof these impacts include:
● The amount of substantial light or glare adverselyincreases and there will be a decreasein a true visual nighttime level of darkness in thearea.● The amount of heavy duty trucks vibrates the streetsand the homes to the point that ourpublic works department can not maintain and preventsevere pot holes and brokenwater main lines that run under the streets● The amount of heavy duty trucks and influx of employeecars will cause increasedcongestion and safety issues for residents.● There will be an increase in the amount of PM2.5 andNOx air pollution due to increasedheavy duty trucks and diesel emissions.● There will be an increase in detrimental health impactson: the students at two schools,the residents served at the health center who rideand wait for the bus along Elm Aveand the communities that are 1200 feet away.● It fails to evaluate the cumulative impact of existingfacilities and conditions of thecommunity III. Incompliance with the intent and goals of the TransformativeClimateCommunities (TCC) Program and AB 617: Community Air Protection Program While the city and the developers want to only focuson economic development through the lensof distribution facilities, the community and thestate have proactively tried to improve SouthwestFresno who has suffered long-standing environmental injustices. Southwest Fresno has beenselected for and has received tens of millions ofdollars in funding from two important programs:
2210 San Joaquin Street, Fresno, CA 93721Telephone: (559) 369-2790
the Transformative Climate Communities (TCC) and the AB 617 Community Air ProtectionProgram (AB 617). According to the Strategic GrowthCouncil (SGC), the TCC programempowers the communities most impacted by pollutionto choose their own goals, strategies,and projects to reduce greenhouse gas emissions andlocal air pollution. To comply with TCC’sintent, SGC Staff even required as part of the contractthe City relocate the firetower inChinatown so as to not negatively impact the futureresidents of a housing project nearby.
Similarly, AB 617’sfocus is to reduce exposure incommunities most impacted by air pollutionthrough partnerships between communities, the cityof Fresno, the state, and the respective airdistrict to develop and implement new strategies tomeasure air pollution and reduce healthimpacts. For over a year, the Community Steering Committeehave been working to implementa community-driven emission reduction plan and airmonitoring plan for this area. Approving theproposed agenda item, would be completely counterto state law working proactively to combatthe current status of this community.
IV. Violation of AB 686 to Affirmatively Further Fair Housing The California Legislature passed AB 686 to enshrinethe Affirm Furthering Fair Housing (AFFH)duty within state law. The duty falls within jurisdictions’ ongoing obligations to plan for housingand community development through the Housing Elementprocess. (See generally Gov’t Code§§ 65583, 65583.2.) The law specifically definesAFFH to require meaningful actions that“overcome patterns of segregation and foster inclusivecommunities free from barriers thatrestrict access to opportunity” for groups protectedby California law, including racial minorities,people with disabilities, and military veterans. It goes on to require that jurisdictions administertheir programs in ways that affirmatively furtherfair housing and it prohibits jurisdictions fromtaking actions that are “materially inconsistent”with their obligations to affirmatively further fairhousing.
The law also provides specific elements of the analysisto guide jurisdictions in theirexaminations, including analysis of governmental constraintson development and analysis ofaccess for those with special housing needs, suchas seniors. This includes the responsibility tocreate healthy communities and halt and relieve land-useactions and decisions that place lightindustry next to sensitive receptors such as the medical clinic, the senior apartments, the futureaffordable single family homes and two schools. Approvingthe proposed rezone and planamendment would be in direct violation of this lawintended for circumstances such as thesethat perpetuate discriminatory land-use patterns.Such violations leave the City open to legalchallenges for noncompliance in affirmatively furtheringfair housing. 2210 San Joaquin Street, Fresno, CA 93721Telephone: (559) 369-2790
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For the Planning Commission to adopt the proposedchanges would be an egregious andblatant racist decision, and an insult to the workthat the residents and stakeholders of this cityhave put into the Southwest Fresno Specific Plan.It has already been proven that if you live insouth Fresno, your life expectancy is 20 years lessthan the citizens that live in north Fresno 2 .We urge this Planning Commision to not approve thesechanges that are before you. If anyquestions shall arise do not hesitate to contact meat my email or phone below.
Sincerely,
Ivanka SaundersLeadership Counsel for Justice and [email protected] Kimberly McCoyFresno Building Healthy [email protected] 2 https://www.naphsis.org/usaleep
2210 San Joaquin Street, Fresno, CA 93721Telephone: (559) 369-2790