The Fresno City Council has delayed a pivotal rezone vote for the third time, creating a complex web of legal and developmental challenges. The decision, pushed back to August, involves a $50-million warehouse rezone in southwest Fresno and a sweeping neighborhood development plan known as the Central Southeast Specific Plan.
The Elm Rezoneencompassing roughly 55 acres of industrial property, has been a contentious issue since its initial designation in 2017. Property owners, including Phillip Oatesa minority owner of the Sacramento Kings, have been fighting to revert the land from mixed-use back to industrial, arguing that the current designation devalues their property.
The Legal Maze and High Stakes
The delay comes amid a backdrop of legal complexities and high stakes. City Attorney Andrew Janz recommended that the rezone vote be heard alongside the final approval of the Central Southeast Specific Plan. Councilmember Mike Karbassi agreed, pulling the item to allow for further legal analysis.
Given that we have a history of getting sued and courts overturning [city council] decisions, I would like to delay the hearing for the Central Southeast Specific Plan until a time where we can have a legal analysisKarbassi stated.
The two items have been legally intertwined for months due to a provision in state law known as SB 330, the Housing Crisis Act. This law prevents the city from approving a rezone that removes housing capacity without simultaneously approving another action that adds enough units to offset the loss. The property owners argue that the Central Southeast Specific Plan provides sufficient surplus housing to justify their rezone, but the city’s planners and the landowners’ consultant disagree on the numbers.
The Numbers Game
The city’s planners estimate the plan’s new units at about 2,939while the landowners’ consultant claims 3,543. Neither figure has been independently verified, adding to the uncertainty and potential for legal disputes. In March, Councilmember Miguel Arias expressed concerns about shady shit behind new, unreleased calculations from the city’s Planning Department that could favor the Elm owners.
Adding to the tension, California Attorney General Rob Bonta warned Janz that the city could face a lawsuit from his office if the council approved the rezone. This warning underscores the high stakes and the potential legal repercussions of the decision.
The Political Dynamics
The political dynamics within the City Council also played a significant role in the delay. Councilmember Ariaswho represents the southwest Fresno district where the properties are located, attempted to keep the item scheduled but was outvoted 5-2. Similarly, Councilmember Brandon Vangwhose district includes the Central Southeast Specific Plan, tried to keep the development plan on the calendar but also faced a 5-2 vote against him.
Both items are now set for a vote on August 13giving the city an additional 60 days for further legal analysis and deliberation. The delay reflects the complex interplay of legal, political, and developmental factors at play in this high-stakes decision.
