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that included the Property. A Special Purpose Plan,consistent with the Master Plan, has been <br /> completed for the Property. <br /> Recital J. The County has granted the Existing Approvals as set forth in Exhibit B-1 <br /> attached hereto in order to protect the interest of its citizens in the quality of their community and <br /> environment through the Subsequent Community Approvals. As part of the Existing Approvals, <br /> County has undertaken,pursuant to the California Environmental Quality Act("CEQA'), the <br /> required analysis of the environmental effects which would be caused by the Community <br /> generally under the General Plan and the Master Plan, and has determined those mitigation <br /> measures which will eliminate, or reduce to an acceptable level, the adverse environmental <br /> impacts of the Community. County has completed and certified three recent Environmental <br /> Impact Reports("EIRs") in connection with the Community and the development of the <br /> Property: the Final Environmental Impact Report("FEIR") for the 1993 General Plan <br /> Amendment("GP-92-09'), the SEIR for those same amendments and an FEIR for the Master <br /> Plan, various General Plan and Development Title Amendments and this Development <br /> Agreement, as particularly described in the Existing Approvals. County has also adopted a <br /> monitoring program to make sure that those mitigation measures incorporated as a part of the <br /> Existing Approvals are enforced and complied with. County has also adopted Statement of Facts <br /> and Findings of Overriding Considerations for those adverse environmental impacts of the <br /> Community that may not or cannot be mitigated to an acceptable level. It is a condition of this <br /> Agreement that Developer and the County shall cooperate to complete all such plans and <br /> programs within the time and in the manner set forth in this Agreement and comply with the <br /> Conditions for Development set forth in the Existing Approvals. In granting approval of the <br /> Existing Approvals for the Community, County has determined that this Agreement should <br /> identify responsibility for and commitment to certain implementation measures in the Existing <br /> Approvals that must be assigned to the Developer for the Community to proceed. <br /> Recital K. Development of the Property, in whole or in part, shall be undertaken only <br /> pursuant to a Specific Plan and any Special Purpose Plan, as required by the Master Plan. It is a <br /> condition of the development of the Property, in whole or in part, expressly consented to by <br /> Developer in entering into this Agreement,that Developer and the County shall have approved <br /> Specific Plan III and any required Special Purpose Plan, as applicable to the Property or portion <br /> thereof. The foregoing condition is specific to the Property covered by this Agreement, is <br /> voluntarily accepted by Developer in consideration of County's entering into this Agreement, and <br /> does not indicate an intent or obligation on the part of County to require development <br /> agreements for other areas of the Community. <br /> Recital L. The County has conducted preliminary project-specific environmental review <br /> in connection with this Agreement in accordance with CEQA, and has determined based on <br /> substantial evidence in the record that prior environmental studies and mitigation measures have <br /> addressed any identified impacts or potential impacts. Because of the incorporation of these <br /> mitigation measures, County has found in connection with its review and consideration of this <br /> Agreement that no subsequent or supplemental EIR is necessary or required under CEQA in <br /> order to enter into this Agreement, since it is consistent with, and within the scope of, the <br /> previous EIRs for Existing Approvals and because the mitigation measures provided for in those <br /> EIRs are incorporated into the Existing Approvals and assured of fulfillment by the terms and <br /> W02-SF:FP13\61481145.2 -3- <br />