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Item No. 2 PC: 12-16-93 ER-93-1/UP-93-4 Page 14 a FINDINGS OF -•IMPACTS TRACYa - a RECOVERY AND TRANSFER FACILITY ENVIRONMENTAL aREPORT Section 15901 of the "State CEQA Guidelines" states: (a) No public agency shall approve or carry out a project for which an EIR has been completed that identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1 } Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible any mitigation measures or project alternatives identified in the Final EIR. The County of San Joaquin ("County") has approved the Use Permit application and adopted the findings listed below. All of the mitigation measures listed in conjunction with each finding will be implemented by the project applicant ("Applicant"), resulting in the project having no significant adverse environmental impacts. POTENTIALLY SIGNIFICANT IMPACTS OF THE PROJECT WHICH ARE AVOIDED OR SUBSTANTIALLY LESSENED A. LAND USE A.1. Potentially Significant Impact: Potential bird hazard to aviation from the storm water drainage ponds. The Airport Land Use Commission has noted that the project, which is approximately one mile from the Tracy Airport, will have a storm water drainage pond on the site that may attract birds, which may create a hazard to area aviation. u