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4. USE PERMIT APPLICATION NO. PA-1000131 AND ENVIRONMENTALIMPACT REPORT NO. PA-1200065 OF HIGHWAY 12 INVESTORS LLC ETAL; LIVAL PROPERTIES LTD (C/O KJELDSEN. SINNOCK& NEUDECK, INC.)for the construction of a truck stop on 11.68 acres. The project includes 16 pumps and 24 fueling stations to serve 16 gasoline and 8 diesel fueling positions. The project also includes a 7,700 square foot convenience store with an attached 3,000 square foot fast food restaurant, and a 1,200 square foot storage building. The project site is located east side of Thornton Road, 1000 feet north of State Route12, Lodi (Supervisorial District 4). Kerry Sullivan, Director, staff has received a request for continuance by letter from Abbott& Kindermann LLP, dated December 20, 2012, requesting that the item be moved to the January 17, 2012 Planning Commission meeting. Stan Mom stated that it had been delayed long enough and requested that it stay on the agenda. Miguel Villapudua and Clem Lee agreed. MOTION: It was moved, seconded (Lee, Hamilton) and passed with a vote of 5-0 to hear the item. Rick Griffin, Senior Planner introduced the staff report into the record. PUBLIC HEARING OPENED: Kevin Huber, discussed how the competitor across the street is slowing down the project and using CEQA to discourage the applicant from moving forward with the project. Mike Hakeem presented a history of the proponents concerns and past litigation with regard to the project. The project will spend 8.5 million dollars, employ 40 people, and generate$600,000- $700,000 dollars in taxes to San Joaquin County. The applicant agrees to all 64 conditions of the project. Trevor Smith, traffic consultant for the project discussed the traffic methodology. Jim Moose gave a critique of the technical methodology and the lack of rules in CEQA regarding traffic engineering and the fact that the law allows for experts to challenge all findings. Discussed the Indirect Source Rule, Noxious Emissions and the law allows for experts to challenge the environmental determination. OPPONENTS: No members of the audience spoke in opposition of the project. REBUTTAL: None given. Stan Morri stated that he was satisfied with the report and that the project would provide much needed jobs. Miguel Villapudua said that he agreed and was also satisfied with the report Peter Johnson stated he felt it was a great project. PC MINUTES 12-20-12