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Council rescinds 2021 program EIR language; staff to report on next steps and costs
Summary
Following a court order, the City Council approved rescinding prior program EIR actions and restoring pre‑PEIR language in the General Plan mobility element; staff will return with cost estimates and options for completing required environmental work.
The Fresno City Council voted unanimously on March 13 to rescind previous council actions tied to the city’s 2021 program environmental impact report (PEIR) affecting the General Plan mobility element. Council members said the action implements a court order and restores the city to the prior regulatory baseline while staff determines the next steps.
City Attorney and planning staff told the council the Fifth District Court of Appeal previously found procedural problems with the city’s PEIR process. In compliance with the court’s direction, the resolution approved by the council effectively decertifies the 2021 PEIR for the mobility element and returns text in the General Plan to pre‑PEIR references (including level of service language rather than the VMT‑focused language that had been part of the 2021 update).
City manager and planning officials said the rescission does not itself identify a complete replacement study; rather, staff will prepare a recommended path forward that could include preparing a new environmental analysis or other measures required by the court. The city manager told the council the administration will work with legal staff to estimate costs and timing and bring funding recommendations as part of the upcoming budget process.
Why it mattered: The mobility element and its environmental findings affect how transportation impacts are measured and mitigated for private development and public projects. Returning to the earlier baseline changes the way developers and city staff evaluate some project impacts, at least until the city produces new, court‑required environmental documents.
Action taken: The council adopted the staff resolution consistent with the court order; the motion passed 5-0. City staff will report back with legal analysis, cost estimates and a recommended environmental path (timing and funding) for council consideration.
Speakers quoted in this article are from the March 13 city council meeting transcript and are listed in the article’s speaker section.
