{"id":224114,"date":"2026-03-17T19:22:09","date_gmt":"2026-03-17T19:22:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/224114\/"},"modified":"2026-03-17T19:22:09","modified_gmt":"2026-03-17T19:22:09","slug":"clashing-pressures-converge-on-elm-rezone-issue-in-fresno","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/224114\/","title":{"rendered":"Clashing pressures converge on Elm rezone issue in Fresno"},"content":{"rendered":"<p>\t\t\t\t\tWhat&#8217;s at stake?<\/p>\n<p>The Elm Avenue rezone on Thursday, if approved, would walk back the remaining parcels that the 2017 plan rezoned away from industrial. The landowner&#8217;s application asks to convert 11 parcels at Elm and Annadale avenues from Neighborhood Mixed Use back to Light Industrial.<\/p>\n<p>For more than three years, the owners of roughly $47 million worth of industrial property in southwest Fresno \u2013 including a minority owner of the Sacramento Kings \u2013 have been trying to rezone 55 acres of one of California\u2019s most polluted neighborhoods back to industrial. The state\u2019s air regulator, the city\u2019s planning commission, city planning staff and the mayor all say no.\u00a0<\/p>\n<p>On Thursday, the Fresno City Council will vote.<\/p>\n<p>In recent days, Sacramento attorneys for the landowners sent letters to the city accusing it of rushing the process on flawed data and warning they are prepared to litigate. On Monday night, inside a church in Southwest Fresno, residents met on how to combat the landowners\u2019 rezone attempt.<\/p>\n<p>\u201cAs God would have it, it\u2019s not working,\u201d Pastor B.T. Lewis said about the landowners\u2019 tactics, at Rising Star Missionary Baptist Church on Monday night.<\/p>\n<p>Lewis, who also serves as a community engagement liaison in the Mayor\u2019s Office, drew 30 southwest Fresno residents \u2014 some in the pews, some on Zoom \u2014 to organize ahead of Thursday\u2019s hearing. The vote would reverse a key piece of the community plan Lewis helped build.<\/p>\n<p class=\"has-white-color has-dark-gray-background-color has-text-color has-background has-link-color has-normal-font-size wp-elements-9cc5d354c264e8772c2334173c1af88a\">Never miss the top stories in Fresno \u2014 sign up for our free, daily newsletter.<\/p>\n<p>In 2017, Lewis was part of a years-long effort that produced the Southwest Fresno Specific Plan, which phased out industrial zoning in one of the most pollution-burdened communities in California. The rezone application has been tabled or continued four times over the past year.\u00a0<\/p>\n<p>Lewis said the landowners and their lawyers have been pushing to delay a separate city planning effort \u2014 the Central Southeast Area Specific Plan \u2014 so its housing units can be used to offset the losses from the Southwest rezone \u2013 a requirement under state law. \u201cThey don\u2019t have the right to try to delay the Central Southeast plan for their purposes,\u201d Lewis said.\u00a0<\/p>\n<p>\u201cI pause because sometimes I\u2019m just in awe of people\u2019s arrogance.\u201d<\/p>\n<p>Lewis told the residents that the landowners push to get the rezone done \u2014 and save their land values \u2014 have gone too far.<\/p>\n<p>\u201cWe have more support this week than we\u2019ve had in past years in City Hall,\u201d he said. \u201cThey\u2019re not just trying to push us around. They\u2019re trying to push City Hall around. And folks just don\u2019t like to be pushed around.\u201d<\/p>\n<p>What industrial landowners want rolled back<\/p>\n<p>The Southwest Fresno Specific Plan was a landmark achievement. A steering committee of residents, business owners and community members spent more than two years crafting a vision for a neighborhood that had long borne the weight of the region\u2019s industrial sector. The plan area ranks in the 97th percentile statewide for pollution and poverty, according to CalEnviroScreen.<\/p>\n<p>The plan\u2019s central promise: get industrial zoning out of the neighborhood. Its core policy directed that all land previously designated for industrial use be rezoned to office and mixed-use categories.\u00a0<\/p>\n<p>It was an attempt to reverse decades of land use decisions which had packed people and warehouses together like sardines, Lewis said.<\/p>\n<p>\u201cI\u2019m always amazed,\u201d he said, \u201cat the idea that you can have light industrial right next to a school. \u201c<\/p>\n<p>\u201cAs if the air knows better.\u201d<\/p>\n<p>What\u2019s at stake<\/p>\n<p>But the plan has already been chipped away once. In 2022, the council rezoned 32 acres in the neighborhood back to industrial, amid widespread community opposition. Councilmember Miguel Arias voted for that rezone.<\/p>\n<p>State Attorney General Rob Bonta called the move \u201clikely unlawful,\u201d but no legal challenge was filed. After being originally <a href=\"https:\/\/www.fresnobee.com\/fresnoland\/article249834338.html\" rel=\"nofollow noopener\" target=\"_blank\">cut out<\/a> of the rezone deal, the remaining landowners on the adjacent 55 acres saw the vote as an opening \u2014 and filed the current application.<\/p>\n<p>The Elm Avenue rezone on Thursday, if approved, would walk back the remaining parcels that the 2017 plan rezoned away from industrial. The landowner\u2019s application asks to convert 11 parcels at Elm and Annadale avenues from Neighborhood Mixed Use back to Light Industrial. <\/p>\n<p>The parcels are owned primarily by two entities. PW Fund B LP, connected to Phillip Oates and the Buzz Oates commercial real estate empire in Sacramento, holds two parcels. His commercial real estate portfolio is valued at roughly $<a href=\"https:\/\/www.buzzoates.com\/management-services\/\" rel=\"nofollow noopener\" target=\"_blank\">3 billion<\/a>.\u00a0<\/p>\n<p>Span Development LLC, linked to King Husein, chairman and CEO of Span Construction &amp; Engineering, holds seven parcels. A family trust holds the remaining one. The total assessed value across all 11 parcels is approximately $47 million.<\/p>\n<p>Representatives of Buzz Oates and Span Development could not be reached for comment. Phone calls to the landowners\u2019 attorney, John Kinsey, were not returned.<\/p>\n<p>The existing industrial tenants on the parcels can already continue operating indefinitely under the city\u2019s non-conforming use provisions. California\u2019s Air Resources Board and city officials have made this point repeatedly in hearings on this issue.<\/p>\n<p>In a 2022 letter, CARB concluded that pursuing a rezone \u201cfor several years suggests that the applicant seeks to expand industrial uses, either for the current landowners or for new landowners after a property sells.\u201d The agency flagged property resale value as a concern \u2014 warning that selling the parcels without enforceable restrictions could result in intensified industrial use.<\/p>\n<p>Last April, the Fresno Planning Commission denied the rezone. City planning staff are also recommending denial to the city council, finding the application failed to meet the criteria for a rezone.<\/p>\n<p>Mayor against rezone<\/p>\n<p>The California Air Resources Board has opposed this rezone since 2021. In a letter sent to all seven council members last year, the agency described southwest Fresno as \u201calready overburdened\u201d and warned that the proposal \u201cis in tension with state environmental justice laws.\u201d Combined with a 2022 rezone of roughly 32 adjacent acres, CARB said the two actions would eliminate zoned capacity for more than 7,000 housing units in an infill area.<\/p>\n<p>A new addition to the opposition of the rezone is Mayor Jerry Dyer. \u201cI am more sympathetic to the residents of West Fresno who wish to retain the mixed use designation for this property,\u201d Dyer said in a statement. \u201cIt is now time for other areas of Fresno to be designated for industrial development.\u201d<\/p>\n<p>Lewis said the neighborhood is already losing ground with core businesses.\u00a0<\/p>\n<p>\u201cWe lost Kentucky Fried Chicken. We lost Wendy\u2019s. We lost the Rite Aid.\u201d<\/p>\n<p>The landowners push back<\/p>\n<p>In the days before Thursday\u2019s vote, the landowners\u2019 attorneys at Downey Brand LLP sent two letters to City Attorney Andrew Janz.<\/p>\n<p>The first, sent March 13, accused the city of being \u201cengaged in a concerted effort to bend the facts and stoke community outrage.\u201d It disputed the city\u2019s housing unit calculations, alleged the city had accepted over $64,000 from the landowners for an environmental review it then shelved, and asked for a postponement of 90 to 120 days.<\/p>\n<p>\u201cThe Elm Avenue landowners paid for that analysis, and the city cashed the check,\u201d wrote John Kinsey, the landowners\u2019 attorney, to the City of Fresno.<\/p>\n<p>The dispute and request for the delay centers on math.\u00a0<\/p>\n<p>Under SB 330, the city can\u2019t approve the Elm rezone unless it simultaneously approves another action that adds at least as many housing units elsewhere. The city calculates that the Central Southeast plan would add about 2,939 units \u2014 not enough to make up for the lost potential homes by reverting the 60 acres back to industrial.\u00a0<\/p>\n<p>But the landowners\u2019 consultant says the city used the wrong methodology and that the plan actually adds 3,543 units \u2014 more than enough. Neither calculation has been independently verified.<\/p>\n<p>A second letter, sent March 16, demanded that Councilmember Miguel Arias recuse himself from the vote, alleging he showed \u201can impermissible probability of actual bias\u201d based on statements at a town hall and on social media.\u00a0<\/p>\n<p>To justify the call for recusal, the letter cited a 2020 appellate case involving the city of Sacramento. That case involved a conditional use permit \u2014 a quasi-judicial proceeding subject to stricter impartiality standards \u2014 not a legislative rezone like Thursday\u2019s vote.<\/p>\n<p>What to expect on Thursday<\/p>\n<p>Lewis\u2019s message to the room Monday night was simple: show up, fill out a speaker card, fill the chambers.<\/p>\n<p>\u201cEven if they say something as simple as, \u2018I live in West Fresno and I would not like this rezone approved,&#8217;\u201d he said. \u201cThose are the kind of statements that the council needs to hear.\u201d<\/p>\n<p>Southwest Fresno resident Michaellynn Lewis urged residents to bring new faces \u2014 children, elderly adults, anyone who doesn\u2019t usually come to City Hall. \u201cIt\u2019s not just the usual suspects of us who go in there all the time,\u201d she said. \u201cThere\u2019s an entire community that we\u2019re sacrificing if we don\u2019t go in and fight for them.\u201d<\/p>\n<p>The Fresno City Council will take up the Elm Avenue rezone at 4 p.m. Thursday at Fresno City Hall.<\/p>\n<p>Support our hyperlocal reporting with a donation today. <\/p>\n<p>Every week we bring you deeply reported stories about the essential issues facing our region. Please help us continue our work by becoming a monthly member. <\/p>\n<p>\n\tRelated<\/p>\n","protected":false},"excerpt":{"rendered":"What&#8217;s at stake? The Elm Avenue rezone on Thursday, if approved, would walk back the remaining parcels that&hellip;\n","protected":false},"author":2,"featured_media":224115,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[31],"tags":[112,114,113],"class_list":["post-224114","post","type-post","status-publish","format-standard","has-post-thumbnail","category-fresno","tag-fresno","tag-fresno-headlines","tag-fresno-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/224114","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/comments?post=224114"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/224114\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media\/224115"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media?parent=224114"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/categories?post=224114"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/tags?post=224114"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}