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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 (based on the Mountain House Villages E and G Project Expanded Initial Stud)—SCH No. 2003042093) 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 needed to provide access to public facilities within the proposed 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 Public Land Equity Program and/or required to meet the MHCSD Design Manual, both of which are implementation measures for the General Plan, Master Plan,and Specific Plan I. 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 because the subdivision incorporates the use of deciduous tree species to provide shade in the summer and solar access in the winter. In addition, the structures containing the condominium units are oriented,to the extent possible,to reduce building surface areas facing east and west. 10. All applicable provisions of the Mountain House Development Agreement have been met. • This finding can be made since the consistency analysis that has been conducted has found that the proposed subdivision is consistent with the provisions of the Development Agreement,which requires consistency with adopted community plans. 18