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ORDINANCE NO. AN ORDINANCE OF THE COUNTY OF SAN JOAQUIN APPROVING ` DEVELOPMENT AGREEMENT PA-0600127 BY AND BETWEEN COUNTY OF SAN JOAQUIN AND JOE J. AND LILLIAN E. MACHADO, RELATIVE TO THE DEVELOPMENT OF CERTAIN PROPERTY WITHIN THE MOUNTAIN HOUSE COMMUNITY (A PORTION OF SPECIFIC PLAN III) DATED AS OF OCTOBER , 2006. THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DO ORDAIN AS FOLLOWS: Section 1. This Ordinance incorporates as Attachment "A", and by this reference ` makes a part hereof, that Development Agreement By and Between COUNTY OF SAN JOAQUIN and JOE J. AND LILLIAN E. MACHADO, relative to the development of CERTAIN PROPERTIES WITHIN THE COLLEGE PARK AT MOUNTAIN HOUSE SPECIFIC PLAN III. Section 2. This Ordinance is adopted under the authority of Government Code Section 65864 et sec. (the "Development Agreement Legislation"), and pursuant to Division 13 (commencing with Section 9.1300.1) of Title 9 of the Ordinance Code of San Joaquin County ` establishing procedures and requirements for consideration of development agreements pursuant to Government Code Section 65864 et sem. (the"Development Agreement Regulations"). Section 3. In accordance with the Development Agreement Legislation and the Development Agreement Regulations, the Board of Supervisors hereby finds and determines that the Development Agreement is consistent with the General Plan of the County, the Master Plan for the Mountain House Community, Specific Plan III, the Mountain House Development Title of ` the Ordinance Code of San Joaquin County, and the Public Financing Plan, and that the Development Agreement will promote the public health, safety and general welfare. This finding is based upon a Motion of the Planning Commission of the County recommending approval of the Development Agreement. Section 4. The Board of Supervisors hereby finds that an Environmental Checklist ("Checklist")was prepared for the project (included in Machado Project Staff Report). The Checklist concluded that: 1) the project is a subsequent activity that is within the scope of the Specific Plan III EIR(SPIIIEIR); 2) there are no effects of the project that were not examined in the SPIIIEIR; 3)and no new mitigation is required for the project. Consequently, as provided by CEQA Guidelines Section 15168 (c), no new environmental document is required; and Section 5. The Board of Supervisors of the County of San Joaquin hereby approves the Development Agreement, substantially in the form on file with the Clerk of the Board ` of Supervisors, and the Chairman of the Board of Supervisors is hereby authorized and directed to execute the Development Agreement on behalf of the County of San Joaquin. Section 6. The Community Development Director and County Counsel, or their designees, are hereby authorized and directed to perform on behalf of the County all acts authorized to be performed by the Community Development Director and County Counsel in the administration of the Development Agreement pursuant to the Development Agreement r, Regulations and the terms of the Development Agreement including but not limited to approval of certain time extensions and extensions of the term of the Development Agreement as authorized therein; the approval of certain transfers and assignments as authorized therein; the issuance of all certifications and estoppel certificates as authorized therein; and the preparation, execution and recordation of administrative amendments to the Development Agreement as authorized therein. L V