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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, a,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, tent 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,
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