Visalia industrial annexation moving despite legal action

The proposed annexation of 80 acres in the Visalia Industrial Park is moving forward despite the threat of litigation by a labor union.

The Visalia City Council approved the annexation in May that would enable construction of almost 1 million square feet of buildings at the southwest corner of Shirk Street and Riggin Avenue in the northwest part of town. The project is being proposed by YS Industries of Los Angeles, which already has three large industrial buildings along Riggin Avenue.

The labor union wants to halt any approvals of the project, but the City of Visalia appears ready to defend their decision at an upcoming hearing Wednesday.

The Tulare County Local Agency Formation Commission (LAFCO) agency has the item scheduled for the July 10 meeting. A LAFCO staff report on the project says “The City of Visalia received a Notice of Intent to file a CEQA lawsuit for this annexation from Lozeau/Drury LLP on June 12, 2024. This does not prevent LAFCO from acting upon this case. Pursuant to Public Resources Code section 21167.3(b), responsible agencies must assume an EIR or negative declaration complies with CEQA even if a challenge is filed.”

The city approved the project on a Mitigated Negative Declaration, meaning no full environmental study was necessary and that the General Plan already covers development in the industrial park where this project is proposed.The project has existing industry development planned to the north along Riggin Avenue, with existing development west and south of its location and with Shirk Street on the east. The site included a former dairy that has relocated away from the path of urban development.

YS Industries representative Freddie Molina says he was “surprised” by the labor union action and hopes he can have dialogue.

The notice is from The Laborers International Union of North America, Local Union 294 (LIUNA) and Eddie Armando Torres. In court records, they are asking for an injunction against the City’s approval of the project and to vacate its previous decision.

A 12-page letter received from the attorney for the Golden State Environmental Justice Alliance based in Corona, Calif. said, “A project EIR must be prepared that accurately represents the whole of the action without piecemealing the project into separate, smaller development projects to present unduly low environmental impacts.”

The same firm filed a lawsuit March 1 in Fresno against a $100 million industrial project there.

The Carpenters Union also sent a letter supporting a full EIR.

The City believes they have properly followed CEQA rules. The city council approved the project 4-1 with Councilmember Emmanuel Soto agreeing that the project should have its own EIR.

The draft LAFCO approval says the proposed annexation is compatible with the City’s General Plan and there is “a mutual social and economic interest between the residents of the city and the proposed annexation territory.”

Reached at deadline, City Manager Leslie Caviglia said it is her understanding that the union actually followed through by filing this suit in Tulare County Superior Court.