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RESOLUTION NO. A RESOLUTION OF THE SAN JOAQUIN COUNTY BOARD OF SUPERVISORS DENYING AN ADMINISTRATIVE APPEAL AND CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE LOVE'S TRAVEL STOPS PROJECT WHEREAS, on June 17, 2010, Highway 12 Investors LLC filed with San Joaquin County Community Development Department an application for a conditional use permit to construct the Love's Travel Stops and Country Store/Arby's Project("Project") on the east side of Thornton Road,north of State Route 12, in the unincorporated area of northern San Joaquin County known as Flag City; and WHEREAS,on March 25, 2011, the Community Development Department prepared and circulated an Initial Study and Mitigated Negative Declaration for the Project; and WHEREAS, the San Joaquin County Planning Commission considered the Project at a hearing held on May 19, 2011, at which Pilot-Flying J, Inc., ("Pilot") made its first appearance at that hearing in opposition to the Project; and WHEREAS,because Pilot's comments before the Planning Commission alleging inadequacies in the analysis in the Mitigated Negative Declaration were vague and non-specific, the Planning Commission approved the Mitigated Negative Declaration and the conditional use permit for the Project; and WHEREAS, Pilot thereafter appealed the Planning Commission's decision on the Project to the San Joaquin County Board of Supervisors, which held a hearing on the appeal on July 12, 2011; and WHEREAS, for the first time before the Board of Supervisors, Pilot raised specific issues regarding alleged inadequacies in the Mitigated Negative Declaration's analysis of air quality and traffic impacts; and WHEREAS, at the conclusion of the hearing, the Board adopted Resolution R-11-253, denying Petitioner's appeal and upholding the Planning Commission's adoption of the Mitigated Negative Declaration and approval of the use permit; and WHEREAS, on August 10, 2011, Pilot filed in San Joaquin County Superior Court a Verified Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief challenging the County's approval of the Project under the California Environmental Quality Act (Pub.Resources Code, § 21000 et seq.) (CEQA); and WHEREAS, on or about March 19, 2012, Highway 12 Investors, LLC requested that the County undertake preparation of an environmental impact report("ERV) as a means to resolve the litigation; and 1