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Thursday, January 23, 2025

Attorney General Bonta sues City of Tulare over zoning ordinance

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Attorney General Rob Bonta | Official website

Attorney General Rob Bonta | Official website

California Attorney General Rob Bonta has initiated legal action against the City of Tulare, alleging that its recent Zoning Ordinance Update violates the California Environmental Quality Act (CEQA). The update permits cold-storage and other facilities by-right in industrial zones without additional environmental review. This decision is said to pose health risks to nearby communities, including Matheny Tract.

Attorney General Bonta stated, "As Attorney General, I have a responsibility to enforce the state’s environmental laws, and I am committed to standing up for communities that too often are overlooked." He emphasized the need for environmental protections for Matheny Tract residents and intends to hold Tulare accountable for not fulfilling legal requirements.

Matheny Tract, founded in 1947 by E.S. and Grace Matheny, is a historically African American community with a current population that is nearly 90% Hispanic or Latino. The area has faced high pollution levels contributing to cardiovascular disease risks.

In December 2024, Tulare's City Council approved the zoning update without conducting an environmental review, claiming CEQA exemption. Concerns arise from trucks using diesel-powered transport refrigeration units at cold storage facilities which emit harmful pollutants.

The lawsuit claims Tulare failed to conduct necessary reviews under CEQA and State Planning and Zoning Law. It also accuses the city of not addressing health risk assessments as outlined in its General Plan or mitigating significant environmental impacts.

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