ROB BONTA
Attorney General of California
CHRISTIE VOSBURG
Supervising Deputy Attorney General MORENO VALLEY CLERK OMONIGHO OIYEMHONLAN "24 MAY 20 N9:55
(State Bar No. 331053)
Deputy Attorney General
1515 Clay Street, 20th Floor
P.O. Box 70550
Oakland, California 94612-0550
Telephone: (510) 879-1984
Facsimile: (510) 622-2170
[email protected]
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
12 RIVERSIDE HISTORIC COURTHOUSE
13 14 SIERRA CLUB, Case No. CVRI2103300
15 Petitioner and Plaintiff, PROPOSED| PEREMPTORY WRIT OF
MANDATE
16 ASSIGNED FOR ALL PURPOSES TO:
7 THE CITY OF MORENO VALLEY: th HON. CHAD FIRETAG, DEPT. 3
ITY COUNCIL OF THE CITY O
18 MORENO VALLEY; and DOES 1 Action Filed: July 15, 2021 through 10,
19 Respondents and Defendants,
CAEOTESTATE OF
22 Petitioner and Plaintiff-
Intervenor.
24 25
26 27
28 [Propased] Peremptory Writ Of Mandate
Case No. CVRI2103300
1 TO RESPONDENTS CITY OF MORENO VALLEY AND CITY COUNCIL OF THE 2 CITY OF MORENO VALLEY:
3 The Court having entered Judgment ordering that a peremptory writ of mandate ("Writ") 4 issue under seal of this Court in this action challenging Respondents' decision to approve and 5 adopt the MoVal 2040 Comprehensive General Plan Update ("GPU"), the City of Moreno Valley Climate Action Plan ("CAP"), and associated zoning amendment (collectively, 7 "Project"), and to certify the associated Environmental Impact Report ("EIR"), 8 YOU ARE HEREBY COMMANDED, on receipt of this Writ, to:
1. Within forty-five (45) days of service of this Writ, 10 a. set aside all Project approvals (including Resolution No. 2021-46 11 [certifying the EIR and adopting the findings, a Statement of Overriding Considerations, 12 and a Mitigation, Monitoring and Reporting Program], Resolution No. 2021-47 13 [approving the GPU and CAP, and adopting related findings], and Ordinance No. 981 14 [approving zoning ordinance amendment PEN21-0030 and adopting related findings); 15 and
16 b. set aside the certification of the EIR for the Project. 17 File and serve a return to the Writ no later than ninety (90) days after service of 18 this Writ. The return shall specify the actions taken to comply with the terms of Writ. 19 3. In accordance with Public Resources Code section 21168.9(c), this Court does not 20 direct Respondents to exercise their lawful discretion in any particular way. 21 Pursuant to Public Resources Code section 21168.9(b), this Court retains 22 jurisdiction until the Court determines that Respondent has adequately complied with CEQA. 23 THE FOREGOING WRIT OF MANDATE IS IMMEDIATELY ISSUED. 24 EURERA D
MAY -6 2024
25 DATED:
(Rakler
26 27 Clerk of the Superior Court K. Rahiwes
COUNTY CELESTE
28 2
[Proposed] Peremptory Writ Of Mandate
Case No. CVRI2103300