REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, Director
Planning and Development Department
SUBJECT
Title
Actions pertaining to setting aside certification of the Program Environmental Impact Report (PEIR) and amendments to the General Plan Mobility and Transportation Element:
1. Adopt a finding that decertification of the 2021 PEIR and rescission of the corresponding amendment to the Fresno General Plan's Mobility and Transportation Element are exempt from the California Environmental Quality Act (CEQA) pursuant to the common sense exemption set forth in CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that this action will have a significant effect on the environment.
2. ***RESOLUTION - Rescinding Resolution No. 2021-269 to Decertify Program Environmental Impact Report; and Rescinding Resolution No. 2021-270 to Set Aside Amendments to the 2014 General Plan Mobility and Transportation Element. (Subject to Mayor's Veto)
Body
RECOMMENDATION
Staff recommends that the Council adopt a finding that decertification of the 2021 PEIR and rescission of the corresponding amendment to the Fresno General Plan's Mobility and Transportation Element are exempt from the California Environmental Quality Act pursuant to the common sense exemption and adopt the Resolution rescinding Resolution No. 2021-269 to Decertify Program Environmental Impact Report and rescinding Resolution No. 2021-270 to Set Aside Amendments to the 2014 General Plan Mobility and Transportation Element.
EXECUTIVE SUMMARY
On September 30, 2021, the Council of the City of Fresno Certified Program Impact Report SCH No. 2019050005 (PEIR) through Resolution No. 2021-269, and amended the Fresno General Plan Mobility and Transportation Element through Resolution No. 2021-270. Subsequently the Council's actions were subject to a legal challenge in South Fresno Community Alliance (SFCA) v City of Fresno. In March 2023, the Trial Court entered a ...
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