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 judgement of dismissal in favor of the City. The Trial Court judgement was appealed by SFCA and in August 2024, the Fifth District Court of Appeal reversed the Trial Court judgement and mandated that the Trial Court issue a new order granting SFCA's petition. In December 2024, the Trial Court issued a new order requiring the City to set aside the resolutions that certified the PEIR and amended the Fresno General Plan, and to take corrective action consistent with the Fifth District Court of Appeal. This action is to comply with that court order. ENVIRONMENTAL FINDINGS This action is exempt from the requirements of 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. Specifically, this action does not constitute an approval that will lead to a direct physical change to the environment, nor will it lead to an indirect physical change to the environment. Rather, this is a mandatory action that the City must take in order to comply with a court order. As such, this approval is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not implemented because this action does not include a bid, an award of a construction contract, or approval of a services contract. FISCAL IMPACT There is no impact to the General Fund. Attachment: Resolution Rescinding 2021-269, 2021-270