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WHEREAS,the County and Pilot agreed to prepare an EIR focused on the Project's traffic <br /> and air quality impacts, as well as project alternatives, and all three parties agreed to ask the court <br /> to memorialize this agreement through proper court documents; and <br /> WHEREAS, on April 9, 2012 the Superior Court issued a Peremptory Writ in PILOT <br /> TRAVEL CENTERS, LLC Petitioner and Plaintiff v. COUNTY OF SAN JOAQUIN, BY AND <br /> THROUGH THE BOARD OF SUPERVISORS, et. al., Case No. 39-2011-00267768, directing <br /> the San Joaquin County Board of Supervisors and the County to take certain actions, including <br /> setting aside the previous Project approvals and preparing a focused EIR; and <br /> WHEREAS, a Notice of Preparation indicating the County would prepare an EIR for the <br /> Project was circulated for a 30-day public review period beginning on May 31, 2012, and ending <br /> on June 29, 2012; and <br /> WHEREAS, following the Notice of Preparation, the County prepared a Draft EIR that <br /> was distributed locally and through the State Clearinghouse (SCH # 2012052082) for agency and <br /> public comment between September 28, 2012, and November 13, 2012; and <br /> WHEREAS,three comment letters were received on the Draft EIR and upon review by <br /> County staff, it was determined that none of the comment received during the comment period <br /> provided any basis to identify any new significant impacts or significant new information that <br /> would require recirculation of the Draft EIR; and <br /> WHEREAS, on December 5, 2012, a Final EIR incorporating responses to all substantive <br /> comments on the Draft EIR was published and made available to the public; and <br /> WHEREAS,the complete Final EIR consists of the Draft EIR,text changes to the Draft <br /> EIR, all comments received on the Draft EIR, responses to those comments, and all documents <br /> and resources referenced and incorporated by reference in the Final EIR; and <br /> WHEREAS, the Final EIR has been completed in compliance with CEQA and the <br /> Guidelines for Implementation of CEQA (Cal. Code Reg. Title 14, §15000 et seq.) ("CEQA <br /> Guidelines"), and local procedures adopted pursuant thereto; and <br /> WHEREAS, on December 20, 2012, the Planning Commission held a duly noticed public <br /> hearing on the proposed Final EIR and the proposed Project, during which the Commission <br /> heard and received evidence and all persons present were given the opportunity to hear and be <br /> heard with respect to any matter relating to this project; and <br /> WHEREAS, after considering the County staffs report and public testimony and after <br /> considering the information contained in the Draft and Final EIRs,the Planning Commission(i) <br /> certified the Final EIR, (ii) adopted CEQA Findings of Facts and a Mitigation Monitoring and <br /> Reporting Program, and (iii) approved the Project; and <br /> WHEREAS, in approving the Project, the Planning Commission also made several <br /> additional findings, including the following: that adequate utilities, road improvements, <br /> 2 <br />