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WHEREAS,the Board has also reviewed Pilot's correspondence to the County dated <br /> December 20,2012, which contends that the Final EIR's responses to Pilot's earlier comments <br /> were inadequate; and <br /> WHEREAS,the Board rejects the contentions in the Pilot's correspondence of December <br /> 20,2012; and <br /> WHEREAS, in light of the lack of merit in Pilot's CEQA contentions, the Board finds no <br /> merit in Pilot's contention that the Planning Commission acted without substantial evidence in <br /> finding that adequate utilities,road improvements, sanitation,water supply, drainage,and other <br /> necessary facilities have been provided for the Project,and the proposed improvements are <br /> properly related to existing and proposed roadways; that issuance of the conditional use permit <br /> required for the Project will not be significantly detrimental to the public health,safety, or <br /> welfare, or be injurious to the property or improvements of adjacent properties; and that the <br /> proposed use is compatible with adjoining land uses; and <br /> WHEREAS,the Board determines for these reasons that it is appropriate to deny the <br /> administrative appeal submitted by Pilot and to certify the Final EIR; and <br /> WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; <br /> NOW,THEREFORE,THE BOARD OF SUPERVISORS OF SAN JOAQUIN <br /> COUNTY HEREBY MAKES THE FOLLOWING FINDINGS: <br /> SECTION 1: Recitals.The above recitals are true and correct and are hereby incorporated <br /> as substantive findings of this Resolution. <br /> SECTION 2. The Board of Supervisors of San Joaquin County hereby certifies that(1) <br /> the EIR has been prepared in accordance with the requirements of CEQA and the State CEQA <br /> Guidelines(14 C.C.R. § 15000 et seq.),(2)the Final EIR was presented to the Board and the <br /> Board has reviewed and considered the information contained in the Final Subsequent EIR prior <br /> to considering adoption of the Project,and(3)the Final EIR reflects the independent judgment <br /> and analysis of the Board. <br /> SECTION 3. The Board of Supervisors hereby denies the appeal filed by Pilot <br /> PASSED AND ADOPTED this 12 day of February, 2013 by the following vote: <br /> AYES: ELLIOTT, VILLAPUDUA, BESTOLARIDES, RUHSTALLER, VOGEL <br /> NOES: NONE <br /> ABSENT: NONE <br /> DISQUALIFIED: NE <br /> APPROVED: <br /> ATTEST: .ryU OGEL CHA Irw� r .... - y <br /> �d� ` <br /> MIMI DUZENSKI, CL OF THE BOARD U)' _ ` <br />