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5. Neither the design of the subdivision nor any proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. • This finding can be made because the proposed subdivision, as conditioned,will be required to comply with applicable Federal and State laws for the protection of fish or wildlife or their habitat(e.g.,Section 401 of the Clean Water Act with respect to Mountain House Creek water quality; Section 404 of the Clean Water Act for creek modifications; Federal and State Endangered Species Acts),and because the applicant will comply with the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan(SJCMSCP). The proposed subdivision will also be subject to the Mountain House community monitoring and mitigation monitoring programs. 6. The design of the subdivision or type of improvement is not likely to cause significant public health problems. • This finding can be made since CDD has concluded that the design of the subdivision,as conditioned,would either have no impact or less than significant impact on the health of future residents. 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 since there are no public access easements that will be negatively affected by the subdivision_ 8. Any land or improvement to be dedicated to a public agency is consistent with the General Plan,the Master Plan,any applicable Specific Plan,any applicable Special Purpose Plan, and any other applicable plan adopted by the County. • This finding can be made since the lands or improvements to be dedicated to the MHCSD are consistent with the PLEP and/or required to meet the MHCSD design standards,both of which are implementation measures for the General Plan,Master Plan, and Specific Plan III. 9. The design of the subdivision provides,to the extent feasible,for future passive or natural heating or cooling opportunities in the subdivision,as required by Government Code 66473.1. • This finding can be made since the proposed subdivision is for financing purposes only(i.e., sale,lease,or exchange of the large parcels),which is permissible under the Mountain House Development Title and adopted plans. Any future development would require further subdivision of the subject property,necessitating compliance with all applicable development requirements and adopted plans of the Mountain House Community Services District(MHCSD) and the County with respect to future passive or natural heating or cooling opportunities.