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(i) The Clerk of this Board caused notice to be given of a public <br /> hearing in this matter in accordance with law, as evidenced by the affidavit of <br /> publication and the affidavit of mailing on file with the Clerk of this Board; and <br /> (j) During the hearing, this-Board considered the adequacy and scope <br /> of the previously certified EIR and reviewed and considered the information <br /> contained with respect to the merits of the matters under consideration; and <br /> (k) The public hearing was timely conducted and before making any <br /> findings on the previously certified EIR or any considerations of the proposal on <br /> its merits, this Board called for any objections or comments on the previously <br /> certified EIR and the proposed amendment to the Kern County General Plan. All <br /> persons desiring to be heard were heard, and this Board considered all of the <br /> testimony presented during the public hearing and the recommendations, and the <br /> public hearing was concluded. <br /> Section 2. IT IS RESOLVED by the Board of Supervisors of the County of <br /> Kern, State of California, as follows: <br /> 1. This Board finds that the recited facts are true and that it has the <br /> jurisdiction to consider, approve, and adopt this Resolution. <br /> 2. This Board incorporates and makes all the findings recommended <br /> by staff, whether verbally or in their written reports. <br /> 3. This Board finds and determines that the applicable provisions of <br /> the California Environmental Quality Act of 1970, the State CEQA Guidelines and <br /> the Kern County Guidelines were duly observed in conjunction with the hearing <br /> and the considerations of the request. <br /> 4. The project described is approved despite the existence of certain <br /> significant environmental effects identified in the previously certified EIR, and this <br /> Board makes and adopts the findings with respect to each (Exhibit "A") pursuant <br /> to State CEQA Guidelines section 15091,-(Title 14, California Code of <br /> Regulations) and Public Resources Code section 21081 (CEQA) and declares <br /> that it considered the evidence described in connection with each finding. <br /> Pursuant to Public Resources Code section 21081(b) and State CEQA <br /> Guidelines section 15093, this Board approves and adopts a "Statement of <br /> Overriding Considerations" (Exhibit "B") as recommended by the Planning and <br /> Community Development Department, and finds that the impacts of the project <br /> which remain significant and unavoidable are outweighed by the project's <br /> overriding benefits. <br /> 3 <br />