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5. Neither the design of the subdivision nor any proposed improvements are likely to cause <br /> substantial environmental damage or substantially and avoidably injure fish or wildlife or their <br /> habitat. <br /> • This finding can be made because an Initial Study prepared for this subdivision did <br /> not find substantial evidence that this project might have a significant impact on the <br /> environment. The Natural Diversity Database did not include any records for <br /> endangered or threatened species or habitat in the project area. A wetlands <br /> delineation study was conducted for this project for the Army Corps of Engineers <br /> that indicates 0.3 acre of wetlands is within the project boundaries. A permit from <br /> the Army Corps of Engineers is required if this project is approved that details the <br /> steps necessary to avoid any disturbance of the wetlands. <br /> 6. The design of the subdivision or type of improvement is not likely to cause significant public health <br /> problems. <br /> • This finding cannot be made in the affirmative. The applicants applied for Major <br /> Subdivision No. PA-0200462, which is essentially the same project, on October 4, <br /> 2002. The Planning Commission approved the project on June 19, 2003. The Linden <br /> School District appealed the decision. The School District questioned the long term <br /> viability of individual septic systems that, although they meet code, were predicted <br /> to fail because of soil conditions. The San Joaquin County Board of Supervisors <br /> upheld the appeal and denied Major Subdivision No. PA-0200462 because of the <br /> issues raised regarding this finding. <br /> 7. The design of the subdivision or the type 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 the design of the subdivision and the type of <br /> improvements will not conflict with easements acquired by the public at large for <br /> access through the property. Private roads will meet the conditions for fire road <br /> access. In addition, the Department of Public Works has included in their Conditions <br /> of Approval requirements for Rural Residential roads. There are no public <br /> easements within this subdivision. <br /> 8 Any land or improvements to be dedicated to the County or other public agency is consistent with <br /> the General Plan, any applicable Specific Plan and Special Purpose Plan, and any other <br /> applicable plan adopted by the County. <br /> • This finding can be made because there are no Specific Plans, Special Purpose <br /> Plans, or any other applicable plans in the project vicinity. As a Condition of <br /> Approval, the Department of Public Works is requiring that the applicant improve <br /> Rose Clover Lane and the "private road" (as shown on the tentative map) to County <br /> Standards for a 50-foot-wide right-of-way rural road. The Department of Public <br /> Works is also requiring that the applicant improve a 25-foot-wide right-of-way <br /> (measured from the centerline of Reid Avenue to the property line) to county <br /> standards for a 50-foot-wide right-of-way rural road. <br /> San Joaquin County PA-0400492\CRV Enterprises <br /> Community Development Page 6 <br /> COPY <br />