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�A <br />wV <br />WZ <br />Z O <br />3 J <br />W J <br />ZC <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 />JURISDICTION, VENUE, AND PROCEDURAL HISTORY <br />36. Jurisdiction and venue are proper in this Court under Code of Civil Procedure <br />sections 394, 1085, 1094.5, and Public Resources Code section 21168 et seq. Many of <br />Petitioner's members, including Ms. Fradkin, live in the City and will be directly affected by the <br />Project's numerous impacts, including environmental impacts. <br />37. Petitioner's members, among others, submitted extensive oral and written <br />comments at all stages of the public process. By virtue of said comments, which are incorporated <br />by reference herein, Petitioner has exhausted all required administrative remedies. <br />38. Prior to filing this action, Petitioner provided all required notices, true and correct <br />copies of which are attached hereto as Exhibits D and E. <br />39. As such, Petitioner has performed all conditions precedent to filing this action and <br />has complied with the requirements of Public Resources Code section 21167.5. <br />40. Petitioner has no adequate remedy at law for the offenses alleged in this petition <br />and thus petitions this Court for relief as prayed for herein. <br />FIRST CAUSE OF ACTION <br />(Peremptory Writ of Mandate/Mandamus—Against Respondents and DOES 1-50) <br />41. Petitioner incorporates all of the allegations contained within paragraphs 1 through <br />40, inclusive, as if set forth in full herein. <br />42. Petitioner brings this cause of action pursuant to Public Resources Code sections <br />21168 and 21168.5, the California Constitution, and the City's land use regulations and local <br />ordinances. <br />43. Magnolia at the Park is considered a "project" as defined by the California Public <br />Resources Code, as it is an activity that may cause either a direct physical change in the <br />environment or a reasonably foreseeable indirect physical change in the environment. <br />44. Respondents' consideration and approval of the Project constitutes "approval of a <br />project" within the meaning of CEQA. <br />45. Approval of the EIR for Magnolia at the Park was discretionary, not ministerial. <br />As such, the City was required to comply with CEQA with respect to the Project. <br />4516.101 / 8560319.1 <br />VERIFIED PETITION FOR WRIT OF MANDATE/MANDAMUS <br />