CORRESPONDANCE - 60A - Laserfiche WebLink

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(Xw wr wZ �O W J ZO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 51. The public interest will suffer from Respondents' failure to comply with CEQA, the City's land use regulations, and the City's contracting away of its legislative powers. Petitioner, therefore, requests the recovery of its attorneys' fees pursuant to Code of Civil Procedure section 1021.5. SECOND CAUSE OF ACTION (Declaratory Relief —Against Respondents and DOES 50-100) 52. Petitioner incorporates all of the allegations contained within paragraphs 1 through 51, inclusive, as if set forth in full herein. 53. Actual and substantial controversies have arisen between Petitioner and Respondents. 54. Petitioner contends that Respondents have violated CEQA and the City's land use requirements. 55. Petitioner contends that the City has improperly contracted away its police powers, whereas Respondents contend that they have not done so. 56. Petitioner further contends that the Project may not proceed in light of these violations and potential environmental impacts, whereas Respondents contend that the Project may proceed as certified. 57. Based on the foregoing, without adequate remedy at law, Petitioner seeks declaratory relief as further requested in the prayer herein. REQUEST FOR HEARING AND BRIEFING SCHEDULE 58. Pursuant to Public Resources Code section 21167.4, Petitioner requests that this Court notice a case management conference and establish a briefing schedule for submission of points and authorities, and that a hearing on the petition be held within 30 days of filing of all briefing. WHEREFORE, PETITIONER prays for entry of judgment as follows: 1. For a peremptory writ of mandate/mandamus directing Respondents to vacate and/or set aside the approval of the modifications to the Initial Plan; 4516.101 / 8560319.1 -11- VERIFIED PETITION FOR WRIT OF MANDATE/MANDAMUS