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(Xw Wr WZ �O 3J W J ZO 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 herein along with all other issues raised during the administrative process for the Project's approvals. 25. On November 19, 2019, despite opposition from the community, Petitioner's members, and the Planning Commission, the City Council adopted Resolution 2019-107 ("Resolution"). The Resolution certifies the Final EIR: [A]dopting findings of fact pursuant to [CEQA], adopting a Statement of Overriding Considerations, and adopting the Mitigation Monitoring and Reporting Program; conducted first reading of an ordinance approving Development Agreement No. 2018-01, as amended; adopted a resolution approving General Plan Amendment No. 2018-06; and Conducted first reading of an ordinance approving Amendment Application 2018-10 for Specific Development No. 93. (See Notice of Determination, filed Nov. 20, 2019.) 26. The Resolution states that the "EIR" consists of the Final EIR, Clarifications to the Final EIR, as well as the Draft EIR (as modified by the Final EIR) ("EIR"). 27. The EIR does not, as discussed in detail in the comments submitted by Petitioner's members, among others, and incorporated by reference herein, effectively study, determine, or evaluate recent changes made to the Project. Instead, the EIR focuses on the Initial Plan and description —a completely different project than that finally contemplated. 28. The EIR also fails to sufficiently evaluate, determine, and mitigate for the Project's environmental impacts, as outlined in the comments incorporated by reference herein. The EIR, for the first time, incorporates substantial and significant new information and analyses that must be allowed to undergo further public review. 29. For example, the Project for the first time proposes an offset intersection configuration at Walkie Way and Main St., as well as a proposed new curb cut into the Project's parking lot on Main —extremely close to the Main St. and Edgewood intersection. 30. The Project's technical studies acknowledge that this change will add traffic to the preexisting backup traffic, but fail to evaluate or mitigate for the same in the EIR. 31. Additionally, the EIR for the first time appears to include an Arborist Report as a designed mitigation measure with respect to the existing mature trees that the Project would 4516.101 18560319.1 - 7 - VERIFIED PETMON FOR WRIT OF MANDATE/MANDAMUS