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r <br /> ORDINANCE NO. 4465 <br /> AN ORDINANCE OF THE COUNTY OF SAN JOAQUIN APPROVING <br /> DEVELOPMENT AGREEMENT PA-1500064 BY AND BETWEEN COUNTY OF <br /> SAN JOAQUIN AND UNION PACIFIC RAILROAD COMPANY,RELATIVE TO <br /> THE UNION PACIFIC MODERNIZATION AND EXPANSION PROJECT(USE <br /> PERMIT APPLICATION NO.0900184). <br /> The Board of Supervisors of the County of San Joaquin,State of California,do <br /> ordain as follows: <br /> SECTION 1. This Ordinance incorporates as Attachment"A",and by this <br /> reference makes a part hereof,that Development Agreement by and between COUNTY <br /> OF SAN JOAQUIN and UNION PACIFIC RAILROAD COMPANY,relative to the <br /> Union Pacific Modernization and Expansion Project(Use Permit Application No.PA- <br /> 0900184) (the"Development Agreement"). <br /> SECTION 2. This Ordinance is adopted ender the authority of Government Code <br /> Section 65864 et seq. (the"Development Agreement Legislation"),and pursuant to <br /> Division 13(commencing with Section 9.1300.1)of Title 9 of the Ordinance Code of San <br /> Joaquin County establishing procedures and requirements for consideration of <br /> development agreements pursuant to Government Code Section 65864 et seq. (the <br /> "Development Agreement Regulations"). <br /> SECTION 3. In accordance with the Development Agreement Legislation and <br /> the Development Agreement Regulations,the Board of Supervisors hereby finds and <br /> determines that the Development Agreement is consistent with the General Plan of the <br /> County and the Development Title of the Ordinance Code of San Joaquin County. This <br /> finding is based upon a motion of the Planning Commission of the County <br /> recommending approval of the Development Agreement. <br /> SECTION 4. On November 1,2412,the Planning Commission of the County <br /> granted Use Permit No. PA-0900184 (the"Use Permit") to Union Pacific Railroad <br /> Company("Union Pacific")for the expansion of an existing intermodal facility located at <br /> 1000 East Roth Road in the unincorporated portion of the County as set forth in the Use <br /> Permit(the"Project"). The Planning Commission's decision was appealed to the Board <br /> of Supervisors,but the appeal was withdrawn at the Board of Supervisors meeting of <br /> March 12,2013 and the Use Permit became effective as of that date. <br /> SECTION 5. Prior to granting the Use Permit,the County undertook,pursuant to <br /> the California Environmental Quality Act("CEQA"),an analysis of the environmental <br /> effects which could be caused by the Project,and determined those mitigation measures <br /> which would eliminate,or reduce to a level of insignificance,the adverse environmental <br /> impacts of the Project. Pursuant to this analysis,the County completed and certified the <br /> Environmental Impact Report(SCH No.2010082016)(the"Project EW')for the Project <br /> and also adopted a mitigation monitoring and report program("MMRP")to ensure that <br />