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systems and individual wells will be constructed under permit from the Environmental Health Department. 5. Neither the design of the subdivision nor any proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. • This finding can be made because the desW . ' ' n o the pygposed improve"en re t 'kel o ca sub=ial a iro a I-d�rr�a�e or substantia ly a, of ly ' t #i r it fie or r tfabttat. The Natural Diver3it�/Database did no include any records for endangered or threatened species or habitat in the project area. A wetlands delineation study was conducted for this project for the Army Corps of Engineers that indicates 0.3 acre of wetlands is within the project boundaries. A permit from the Army Corps of Engineers is required if this project is approved that details the steps necessary to avoid any disturbance of the wetlands. 6. The design of the subdivision or type of improvement is not likely to cause significant public health problems. • This finding cannot be made in the affirmative. The applicants applied for Major Subdivision No. PA-0200462, which is essentially the same project, on October 4, 2002. The Planning Commission approved the project on June 19, 2003. The Linden School District appealed the decision. Appeal statement No. 3 states that "at the June 19 Planning Commission meeting, there was a lengthy discussion regarding the septic systems and the long-term viability of these individual systems. Apparently in part due to the soil conditions in the area, the county's own expert was predicting the failure of these septic systems, although, as he went on to say, they currently meet the code for approval. With this dire prediction from the County's own expert, how can this subdivision be approved?" The San Joaquin County Board of Supervisors upheld the appeal and denied Major Subdivision No. PA-0200462 because of the issues raised regarding this finding. 7. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. • This finding can be made because the design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through the property. Private roads will meet the conditions for fire road access. In addition, the Department of Public Works has included in their Conditions of Approval requirements for Rural Residential roads. There are no public easements within this subdivision. 8. Any land or improvements to be dedicated to the County or other public agency is consistent with the General Plan, any applicable Specific Plan and Special Purpose Plan, and any other applicable plan adopted by the County. San Joaquin County (File No.)\(Name) Community Development Page 6