A lawsuit brought by a labor union coalition called Golden State Environmental Justice Alliance is challenging the City of Visalia approval of an 75-acre annexation in the industrial park claiming that the city did not follow the California Environmental Quality Act (CEQA).
The property at the southwest corner of Shirk and Riggin was approved by the city under a Mitigated Negative Declaration(MND) in late May. The group representatives had argued at public hearing that the city ought to require a separate EIR while the city maintained the annexation approval was no different than scores of others in the industrial park already included and covered in the city’s General Plan.
City attorney Ken Richardson says Visalia received notice that the lawsuit was filed on June 20 setting in motion a likely court hearing in coming months.
The project is proposed by LA-based YS Industries who has built two other large warehouses on Riggin nearby. Golden State Environmental of Justice argues in their pleading that the city has “piecemealed” the project in their current environmental document- the MND. This type of analysis is less comprehensive than a full environmental impact report but it is argued detailed enough in cases where few impacts are expected. Full EIRs often take a year to process.
The Visalia City Council at their public hearing voted four to one to approve the 75 acre annexation without a full impact report.Tulare County LAFCO has also approved the project and the parcel has been recorded as in the city limits.
The filing in Tulare County Superior Court is a request for a writ of mandate – an order to any governmental body, government official, or lower court requiring that they perform an act or cease to act where the court finds that an official law, duty or judgment requires them to do so.
Richardson says the two parties will collect the administrative record of the case in anticipation of a hearing
The action stalls YS industries from moving to develop the property that for years had a dairy on about half of it although the cows are no longer there. Much of the Visalia Industrial Park was former ag field crop land offering few jobs. But under the city’s General Plan and zone changes the open acreage has been transformed to an economic powerhouse providing thousands of jobs.
Despite the potential economic benefits, the labor group finds that people living near facilities in the industrial park that admit toxic releases may breathe contaminated air. On the other hand, observers note that the industries that populate the industrial park have no smoke stacks. The old polluters like Exide Battery are long gone, replaced by logistic warehouses like Amazon and manufactures like California Dairies that produce nothing more than milk.
Golden State also says the census tract is 50% Hispanic and 8% Asian American especially vulnerable to the impacts of pollution. The community has a high rate of poverty- 39% of the households in the census tract have a total income before taxes less than the poverty level. They argue that the environmental report of the project should do a specific analysis of the environmental impact on the disadvantaged communities nearby like Goshen. Golden State argues that the MND provides no evidence that the project would not induce substantial unplanned population growth. They add that the MND does not include confirmation about parcels available to shelter the homeless.
In total, the MND environmental document approved by the city does not identify potentially significant impacts as to transportation, air quality, greenhouse, gases, and hazardous materials, argues the labor group.
The LA-based Golden State has offices in Corona and in Fresno. In the Valley, the group has recently filed similar lawsuits in Madera County in 2022.Also in Reedley this past May and in Fresno in March 2024. In May the group filed another suit against the City of Lancaster.
The Fresno lawsuit is critical of Scannell Properties plans to develop 48 acres at the northeast corner of N. Marks and W. Nielsen Avenues a project valued at $100 million.Golden State argues the warehouse would worsen pollution in the area.
Nick Audino, the project’s broker, says the matter remains in limbo.
“These attacks on industry in the Central Valley are part of the California wide squeeze on warehouse construction,” he says.
“Looks like now Visalia is being hit with the same actions that Fresno has seen in the past few years. Hope you can do better than Fresno has.”
Audino says the overall industry real estate market is weaker than it was a year ago and the election this year has created uncertainty by decision makers that won’t be resolved until the results are known.
Dated photo shows 75 acre property including a former dairy on about half of it.