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RESOLUTION NO. <br /> A RESOLUTION OF THE SAN JOAQUIN COUNTY BOARD OF <br /> SUPERVISORS ADOPTING FINDINGS OF FACT,A MITIGATION MONITORING <br /> AND REPORTING PROGRAM AND A STATEMENT OF OVERRIDING <br /> CONSIDERATIONS FOR THE LOVE'S TRAVEL STOPS PROJECT <br /> WHEREAS,a Notice of Preparation indicating the County would prepare an <br /> Environmental Impact Report(EIR) for the proposed Loves Travel Stops Project("Project")was <br /> circulated for a 30-day public review period beginning on May 31,2012,and ending on June 29, <br /> 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, 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,on December 20,2012,the Planning Commission held a duly noticed public <br /> hearing on the proposed Final EIR and the proposed 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 under the California Environmental Quality Act(CEQA), (ii) adopted <br /> CEQA Findings of Facts and a Mitigation Monitoring and Reporting Program, and(iii)approved <br /> the Project;and <br /> WHEREAS, the County Board of Supervisors received one(1)timely appeal from the <br /> law firm of Abbot&Kindermann, LLP on behalf of Pilot-Flying J,Inc.with respect to the <br /> Planning Commission's certification of the Final EIR,approval of the Findings of Fact and the <br /> Mitigation Monitoring and Reporting Program,and approval of the Conditional Use Permit for <br /> the Project; and <br /> WHEREAS,the appeal was set for hearing before the Board on February 12,2013;and <br /> WHEREAS,the County Board of Supervisors considered the appeal at a duly noticed <br /> hearing on February 12, 2013; and /� <br /> WHEREAS,the Board in Resolution No. e/,34 e4tified the Final EIR for the Love's <br /> Travel Stops Project and denied the administrative appeal filed by Pilot;and <br /> WHEREAS,the Final EIR identified certain significant effects on the environment that <br /> would be caused by the approval and implementation of the Project as proposed;and <br /> 1 <br />