Exhibit R
April 16, 2025
BY
EMAIL
Fresno Planning Commission (
[email protected]
)
Re:
Agenda Item ID 25
-
372
Dear
Mr. Peter Vang and the Fresno Planning Commission
:
I write
in suppo
rt of
Concerned Citizens of West Fresno
to urge you to deny the
proposed
plan
amendment No. P23
-
03006 and rezone application No. P23
-
03006
(
collectively,
the rezone project).
The
City’s approval of these applications to rezone
over
55 acres of
neighborhood mixed use
property governed
by the Southwest
Fresno
Specific Plan
(the Specific Plan)
would violate
California
land use requirements
including but not limited to
CEQA
, Government Code section 8899.50,
and SB 330, among other legal
requirements
. Approval
of the rezone project
would also constitute racial
ly
discriminatory land use planning
under Government Code section
11135
because the project
proposes to
expand polluting industrial uses
in a
manner that
selectively
targets an overburdened community of color
without any rational basis.
The cursory “addendum” to the Specific Plan’s Environmental Impact Report does not comply with CEQA for at least
three
reasons. First, the addendum was not circulated for public review with sufficient time to allow for meaningful public review and comment. This violates CEQA’s central purpose of allowing the
public and decisionmakers to engage in the environmental review process. Second, the addendum completely fails to address the increased pollution and other environmental impacts from allowing the expansion of industrial uses in a neighborhood mixed use zone.
Third, the City cannot rely on an addendum to the Specific Plan’s EIR. Rather, a subsequent or supplement
al
EIR is required because the rezone project
expressly
contemplates expanding industrial uses, which constitute new significant impacts that were not contemplated in the EIR.
Furthermore, a
s the City admits, the rezone project
would violate
SB 330 unless the City submits “a
separate application . . . to offset the net loss of housing capacity of the subject area.” Ex. F (Fresno Municipal Code Findings). No such application has been circulated for public review. Given the City’s apparent intention to approve the rezone project at the next City Council meeting, it is far too late for the City to submit this separate application
with sufficient time
to allow for meaningful public review and comment.
Unless the City approves thousands of new housing units in Southwest Fresno in compliance with SB 330, the rezone project cannot be approved.
In addition, the rezone project runs afoul of the City’s duty to affirmatively further fair housing under Government Code section 8899.60. The City has a duty to take “ meaningful actions, in addition to combating
discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics
[and to] a
ddress significant disparities in
housing needs and in access to opportunity, replacing segregated living patte rns with truly integrated and
Fresno Planning Commission
Page
2 April 16, 2025
balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. ” Gov. Code §
8899.60. Here, the rezone project would exacerbate the City’s long and sordid history of discriminatory land use practices in Southwest Fresno that favor industrial uses over residential mixed -
use zones in communities
of color.
Thus, the rezone project
should
be denied for failure to comply with
Government Code § 8899.60
.
Finally, the rezone project constitutes racially discriminatory land use planning in violation of Government Code section 11350. The City accepts state funds and is therefore prohibited from subjecting any person to discrimination based on race.
Gov. Code § 111350.
Here, the City has targeted an
overburdened community of color for expanding industrial uses in a zone that was previously protected from such uses under the Specific Plan. The City has not
provided
any rational basis for approving the expansion
of polluting land uses. Indeed, the
existing
industrial uses within the Specific Plan area
have been
grandfathered
under the Specific Plan
.
They can continue to operate as they have been for many years.
Accordingly, there is no need to eviscerate the Specific Plan other than to allow for expansion of industrial uses, which is flatly prohibited under the Specific Plan and is inconsistent with Fresno’s General Plan. Thus, approval of the rezone project would violate Government Code section 11350.
Sincerely,
/s/
d
Lucas Williams
At
torney at law
707
-
84 9
-
519
8