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UMw <br />wr <br />WZ <br />30 <br />WJ <br />Z0 <br />El <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />remove. (See City Staff Rept, Oct. 28, 2019, 2-7; see also id. at p. 2-38 [proposed statement of <br />findings discussing certain Project Design Features "PDFs" that will be implemented like <br />mitigation measures based on the Arborist Report].) <br />32. This additional measure also purportedly identifies eight trees in an unhealthy <br />condition recommended for removal. (See City Staff Rept., Oct. 28, 2019, 2-7.) The City also <br />acknowledges that this removal will require further review by the Environmental and <br />Transportation Advisory Committee, but that it "will occur at a later date[.]" (See City Staff <br />Rept, Oct. 28, 2019, 2-7.) But, CEQA contemplates a full and complete environmental review <br />that occurs prior to discretionary action on the Project not at some later date after the <br />environmental document has already been certified. <br />33. Moreover, as the statement of overriding considerations acknowledges, the Project <br />site could be used by one -special -status wildlife species: the western mastiff bat. (See City Staff <br />Rept, Oct. 28, 2019, 2-57 [draft statement of overriding considerations].) The EIR acknowledges <br />that "the site could be used by one special -status wildlife species, the western mastiff bat, that has <br />a low potential to roost in the large trees and palms[,]" many of which are being removed for the <br />first time in the EIR due to a new mitigation measure and Arborist's Report designating certain <br />existing trees and palms as unhealthy and qualified for removal. (See City Staff Rept., Oct. 28, <br />2019, 2-57 [draft statement of overriding considerations].) <br />34. Despite the above, among other issues raised at the public hearing, on November <br />19, 2019, the City Council adopted a Resolution approving General Plan Amendment No 2018- <br />06, conducted a first reading of an ordinance approving Development Agreement No. 2018-01, <br />and conducted a first reading of an ordinance approving Amendment Application No 2018-10 for <br />Specific Development No. 93. <br />35. On November 20, 2019, the City filed a Notice of Determination for the Project <br />and Petitioner timely gave notice and filed suit within thirty days of the same. A true and correct <br />copy of the City's Notice of Determination is attached hereto as Exhibit C and incorporated by <br />reference herein. <br />4516.101 18560319.1 - 8 - <br />VERIFIED PETITION FOR WRIT OF MANDATE/MANDAMUS <br />