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Analysis Fire Protection Services The first response to the application referral by the Forest Lake Fire Protection District, prepared by a consultant for the District, indicated that the subdivision should be served by a central water system to ensure an adequate supply of water for fire fighting. A subsequent letter stated that the projects's impacts on the District could possibly be mitigated through the use of residential sprinkler systems and fire-rated roofing material on houses built in the subdivision. As a result of that letter, the applicant has been in contact with the District's consultant to reach an agreement on the actual mitigation measures needed for the project. A third letter from the District's consultant indicated that the project's impacts could be mitigated through the use of residential sprinkler systems and fire-rated roofing materials on all houses in the subdivision, along with maintaining a maximum building setback of 150 feet. Though there has been no written agreement between the District and the owners of the project site, the applicant has stated that the owners have agreed to the District's requirements. The recommended Conditions of Approval contain those three mitigation measures. School Facilities The Galt Joint Union School District first responded to the application referral for the project by stating that its facilities were operating beyond capacity and that the project would have an adverse impact upon the District. The District requested that the project not be approved until the developer entered into an agreement with the District to mitigate the project's impacts. After discussions with the developer, the District sent a second letter stating that mitigation of the project's impacts could be achieved through either annexing to an existing Mello-Roos Community Facilities District or entering into a mitigation agreement with the District to pay full mitigation for the project's impacts, estimated at $6.54 per square foot, at the time building permits are submitted. An agreement on which mitigation measure will be used has not yet been reached; however, the applicant has stated that the owners have agreed to satisfy one of two mitigation measures. The recommended Conditions of Approval contain a requirement for mitigation of the project's impacts on the school district. Biological Impacts The Department of Fish and Game (DFG) indicated that the 97-acre project site is foraging habitat for the State-listed threatened Swainson's hawk and that there is an active Swainson's hawk nest in a grove of trees located north of the project site on an adjacent parcel. Fish and Game is, therefore, asking that mature trees on the site be protected and that the loss of 97 acres of foraging habitat be fully mitigated. The recommended Conditions of Approval include the requirement for the developer to be responsible for complying with regulations pertaining to protection of the Swainson's hawk. Neighborhood Opposition Five letters of opposition were received from the owners of property in the vicinity of the project site, including one with the names of 51 concerned citizens"attached. The issues identified in the letters were water quantity/quality, drainage, fire and sheriff services, school facilities, traffic/circulation, and noise. • Water Quantity/Quality: The letters of opposition state that the 42 new wells and septic systems that will result from approval of the project will adversely affect both water quantity and quality in `► San Joaquin County SU-93-2/Dodds Community Development Page 5