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Analysis—Environmental Impact Report Background The proposed project site consists of vacant land and approximately 5.1 acres of vineyard within the Flag City freeway service commercial area. A request for approval of a General Plan amendment and zone reclassification of the 5.1-acre northern portion of the site for freeway service commercial use was submitted to the County in 2010. On March 1, 2011, the Board of Supervisors approved General Plan Map Amendment PA-1000183, re- designating the 5.1-acre area from General Agriculture to Freeway Service, and Zone Reclassification No. PA- 1000184, rezoning this area from General Agriculture, 40-acre minimum, to Commercial Freeway Service. This approval required annexation of the area into CSA 31. On April 15, 2011, the annexation was approved. On June 17, 2010, the project Applicant submitted an application to the Community Development Department for approval of a Use Permit (Application 14 No. PA-1000131, "Use Permit") for the Project. The County prepared an Initial Study/Mitigated Negative Declaration for the Project (IS/MND) on April 14, 2011 The IS/MND analyzed the impacts of the Project and determined that all impacts of the Project would be less than significant with implementation of identified mitigation measures. No substantive comments were received from public agencies or members of the public during the public review period. On May 19, 2011, the San Joaquin County Planning Commission unanimously approved the requested Use Permit application and concurrently adopted the Mitigated Negative Declaration for the Project. The Planning Commission's approval was subsequently appealed by Pilot Travel Centers LLC ("Pilof'), owner of the existing Pilot Flying J Truck Stop immediately west of and across Thornton Road from the site. The appeal was heard by the County Board of Supervisors on July 12, 2011. The Board upheld the Planning Commission's Use Permit approval and adoption of the Mitigated Negative Declaration and denied the appeal. On July 14, 2011, the County filed a Notice of Determination for the Use Permit. On August 10, 2011, Pilot filed a Petition for Writ of Mandate challenging the adequacy of the IS/MND. The Petition _ alleged that, in adopting the IS/MND and approving the Project, the County failed to comply with CEQA. The case was briefed for a hearing scheduled for May 4, 2012, in the San Joaquin Superior Court. After receiving Pilot's opening brief in the litigation, the applicant, facing potentially lengthy litigation, successfully urged the County to jointly request that the Superior Court issue a writ of mandate directing the County to prepare a limited EIR for the Project. In doing so, they requested that the EIR ordered by the court be limited to the two issues for which Pilot claimed the IS/MND was deficient: traffic and air quality. In response to this request, the parties mutually agreed that the EIR could be limited in scope to traffic(project-specific and cumulative impacts), air quality (project-specific and cumulative impacts)and alternatives. On April 9, 2012, the San Joaquin Superior Court then signed and filed a Peremptory Writ of Mandate, which directed the County to prepare the limited EIR analyzing the Project's project- level and cumulative traffic and air quality impacts and alternatives, consistent with the requirements of the judgment and writ. Certification of the Final Environmental Impact Report A focused Environmental Impact Report(EIR)was prepared for the project by Kleinfelder. The EIR addressed project-level and cumulative traffic and air quality impacts and alternatives. The EIR identified the following significant, unavoidable, adverse impacts: 1)consistency with Level of Service (LOS)standards for freeway ramp junctions; and 2)cumulative impacts for freeway ramp junctions. Based upon the significant and unavoidable adverse impacts, a Statement of Overriding Consideration has been prepared and is included in this staff report as Attachment B. In accordance with the requirements of CEQA and the CEQA Guidelines, a Notice of Preparation ("NOP") of a San Joaquin County PA-1 000131\Highway 12 Investors Community Development Page 3 _