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WHEREAS, the Board has also reviewed Pilot's correspondence to the County dated December 20, 2012, which contends that the Final EIR's responses to Pilot's earlier comments were inadequate; and WHEREAS, the Board rejects the contentions in the Pilot's correspondence of December 20, 2012; and WHEREAS, in light of the lack of merit in Pilot's CEQA contentions, the Board finds no merit in Pilot's contention that the Planning Commission acted without substantial evidence in finding that adequate utilities, road improvements, sanitation, water supply, drainage, and other necessary facilities have been provided for the Project, and the proposed improvements are properly related to existing and proposed roadways; that issuance of the conditional use permit required for the Project will not be significantly detrimental to the public health, safety, or welfare, or be injurious to the property or improvements of adjacent properties; and that the proposed use is compatible with adjoining land uses; and WHEREAS, the Board determines for these reasons that it is appropriate to deny the administrative appeal submitted by Pilot and to certify the Final EIR; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; NOW, THEREFORE, THE BOARD OF SUPERVISORS OF SAN JOAQUIN COUNTY HEREBY MAKES THE FOLLOWING FINDINGS: SECTION 1: Recitals. The above recitals are true and correct and are hereby incorporated as substantive findings of this Resolution. SECTION 2. The Board of Supervisors of San Joaquin County hereby certifies that (1) the EIR has been prepared in accordance with the requirements of CEQA and the State CEQA Guidelines (14 C.C.R. § 15000 et seq.), (2)the Final FIR was presented to the Board and the Board has reviewed and considered the information contained in the Final Subsequent EIR prior to considering adoption of the Project, and (3)the Final FIR reflects the independent judgment and analysis of the Board. SECTION 3. The Board of Supervisors hereby denies the appeal filed by Pilot PASSED AND ADOPTED this 12 day of February, 2013 by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: APPROVED: ATTEST: 4