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