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Analysis Background There was one previously approved subdivision (MS-96-0029) of the project area to create four parcels and a designated remainder. The designated remainder is part of this project. There was one lot line adjustment(PA-0400201) that adjusted existing lot lines to form a two-acre parcel and an eighteen-acre parcel. The eighteen-acre parcel is part of this permit. Major Subdivision Application No. PA-0200462, which is essentially the same application as the current application, was approved by the Planning Commission on June 19, 2003. The Linden Unified School District appealed the decision based on oral comments from the representative of the Environmental Health Department regarding the long-term viability of the septic systems in this area. The application was subsequently denied by the Board of Supervisors on August 26, 2003, based on the inability to make Finding No. 6, which states that the design of the subdivision or type of improvements is not likely to cause significant public health concerns. The current project was subject to a wetlands delineation study which indicates the existence of 0.3 acre of wetlands that must be shown on the final map if this project is approved The Linden School District no longer opposes the project. Finding No. 6 Prior to approving an application for a Major Subdivision, the Planning Commission must make nine findings in the affirmative. The Community Development Department has reviewed the application and compared it to denied application PA-0200462. The difference between the two applications is that a two-acre portion of PA-0200462 is not a part of the current application. The site conditions regarding septic systems remain the same as for the previous project. No new information regarding septic system viability has been submitted by the applicant or the Environmental Health Department. Therefore, the Community Development Department recommends denial based on the inability to make Finding No. 6 Finding No. 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. The School District questioned the long term viability of individual septic systems, saying that although they meet code, they were predicted to fail because of soil conditions. 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. Army Corps of Engineers The Army Corps of Engineers (Corps) sent a memo dated June 30, 2003, requesting a wetlands delineation of the project site. Wetlands biologist John Ranlett conducted the study, which is dated July, 2005. The study found no vernal pools, but it did find 0.3 acre of wetlands on the project site. A copy of the delineated areas was sent to the Army Corps. The Corps sent a memo dated September 1, 2005, that accepts the wetlands delineation study. Then, on March 8, 2006, the Corps sent conditions of approval that require the delineated wetlands to be shown on the final map, a deed restriction that states that the U S. Army Corps of Engineers has jurisdiction of the delineated wetland areas, and that all new lot lines avoid crossing the wetland areas. San Joaquin County PA-0400492\CRV Enterprises Community Development Page 3 COPY