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5. Neither the design of the subdivisions nor any proposed improvements are likely to cause <br /> substantial environmental damage or substantially and unavoidably injure fish or wildlife or their <br /> habitat. <br /> This finding can be made because the proposed subdivisions, as conditioned,will be <br /> required to comply with applicable Federal and State laws for the protection of fish or <br /> wildlife or their habitat(e.g., Section 401 of the Clean Water Act; Section 404 of the Clean <br /> Water Act; Federal and State Endangered Species Acts), and because the applicants will <br /> participate in the San Joaquin County Multi-Species Habitat Conservation and Open Space <br /> Plan (SJMSCP). The proposed subdivisions will also be subject to the Mountain House <br /> community monitoring and mitigation monitoring programs. <br /> 6. The design of the subdivisions and the types of improvements are not likely to cause significant <br /> public health problems. <br /> This finding can be made because the design of the subdivisions, as conditioned,would <br /> either have no impact or less than significant impact on the health of future residents, as is <br /> more fully described in Section 4.9 of the DER. Appropriate buffers and setbacks from the <br /> high-pressure gas pipeline and electrical transmission easements that traverse the site have <br /> been included. In addition, noise walls are included to reduce the impact of traffic on . <br /> residential uses. Finally, conditions are attached that require interim buffers from on-going <br /> agricultural operations including the two dairies on the eastern side of the MHMP. <br /> 7. The design of the subdivision and the types of improvements will not conflict with easements <br /> acquired by the public at large for access through or use of property within the proposed <br /> subdivision. <br /> This finding can be made because there are no existing public easements that will be <br /> negatively affected by the subdivisions. Additional public access easements have been <br /> incorporated into the design of the proposed subdivisions to provide access to public <br /> facilities including schools, parks and open space corridors. <br /> 8. Lands and improvements to be dedicated to a public agency are consistent with the General Plan, <br /> the Master Plan, Specific Plan III, any applicable Special Purpose Plan, and any other applicable <br /> plan adopted by the County. <br /> This finding can be made since the lands or improvements to be dedicated to the MHCSD or <br /> the Lammersville School District(e.g., roads, entries, K-8 school site, community park and <br /> neighborhood park;) are consistent with the Public Land Equity Program and/or required to <br /> meet the MHCSD Design Manual, both of which are implementation measures for the <br /> General Plan, Master Plan, and Specific Plan III <br /> 9. The design of the subdivisions provides, to the extent feasible,for future passive or natural heating <br /> or cooling opportunities in the subdivision, as required by Government Code 66473.1. <br /> This finding can be made because of the limitations imposed by Master Plan and Specific <br /> Plan III density requirements, requirements for street trees and lot design predominantly <br /> oriented along east and west streets. Since the street trees would be deciduous, in cooler <br /> seasons sun exposure to each home would be maximized to relieve natural gas demands for <br /> heating,while in warmer seasons,tree foliage would provide shade relief, thereby reducing <br /> electricity needs for air conditioning. Project density and lot design, including setbacks and <br /> height limitations, will assure proper access to both passive solar heating and cooling <br /> opportunities associated with prevailing breezes from the Altamont base. <br />