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-2- <br /> those mitigation measures incorporated as a part of the Use Permit for the Project are <br /> enforced and complied with. The County also adopted a Findings of Fact and Statement <br /> of Overriding Considerations ("Project Findings") for those adverse environmental <br /> impacts of the Project that may not or cannot feasibly be mitigated to a level of <br /> insignificance. Those exactions,which include the mitigation measures which Union <br /> Pacific will install or provide as required by the Use Permit and the Development <br /> Agreement, are set forth generally in the Use Permit,the Project EIR and the MMRP. <br /> SECTION 6. The County has conducted project-specific environmental review <br /> in connection with the Development Agreement and the Project in accordance with <br /> CEQA, and has determined based on substantial evidence in the record that the Project <br /> EIR has addressed any identified impacts or potential impacts associated with the Project <br /> and the Development Agreement. Because of this environmental review and the <br /> incorporation of certain mitigation measures set forth in the Project EIR, including the <br /> MMRP, the County has found in connection with its review and consideration of the <br /> Development Agreement that no subsequent or supplemental EIR is necessary or <br /> required under CEQA in order to enter into the Development Agreement,since it is <br /> consistent with,and within the scope of,the Project EIR for the Use Permit and because <br /> the mitigation measures provided for in the Project EIR are incorporated into the Use <br /> Permit and assured of fulfillment by the terms and conditions of the Development <br /> Agreement. Specifically,but without limiting the generality of the foregoing, the County <br /> has found and determined that none of the conditions set forth in California Public <br /> Resources Section 21166 or Section 15162 of the CEQA Guidelines which would require <br /> a subsequent EIR are present_ <br /> SECTION 7. The Board of Supervisors of the County of San Joaquin hereby <br /> approves the Development Agreement,substantially in the form on file with the Clerk of <br /> the Board of Supervisors,and the Chair of the Board of Supervisors is hereby authorized <br /> and directed to execute the Development Agreement on behalf of the County of San <br /> Joaquin. <br /> SECTION 8. The Community Development Director and County Counsel,or <br /> their designees, are herby authorized and directed to perform on behalf of the County all <br /> acts authorized to be performed by the Community Development Director and County <br /> Counsel in the administration of the Development Agreement pursuant to the <br /> Development Agreement Regulations and the terms of the Development Agreement <br /> including but not limited to approval of certain time extensions and extensions of the <br /> term of the Development Agreement as authorized therein;the approval of certain <br /> transfers and assignments as authorized therein; the issuance of all certifications and <br /> estoppels certificates as authorized therein; and the preparation,execution, and <br /> recordation of administrative amendments to the Development Agreement as authorized <br /> therein. <br />