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Letter of Opposition The Community Development Department received one letter of opposition regarding the new lots that would be created along the south side of Mondy Lane. The letter states that "on-site storm water retention will be very difficult for three additional lots with a northeast slope." Development Title Section 9-1135.4 permits subdivisions in the R-R zone with all parcels greater than two acres to be served by private on-site retention basins where the site conditions of soil permeability and groundwater level allow a retention basin design to meet San Joaquin County Improvement Standards. Findings Prior to approving an application for a Major Subdivision, the Planning Commission must make nine findings in the affirmative. The Linden School District appealed Major Subdivision application No. PA-0200462, which is essentially the same project, in part because of the inability to make Finding No. 6. Linden School District's Appeal Statement No. 3 states: Sewer systems Finding #6 —At the June 19 Planning Commission meeting, there was a lengthy discussion regarding the septic systems and the long-term viability of these individual systems. Apparently in part due to the soil conditions in the area, the county's own expert was predicting the failure of these septic systems, although, as he went on to say, they currently meet the code for approval. With this dire prediction from the County's own expert, how can this subdivision be approved?" The Board of Supervisors granted the appeal and subsequently denied the subdivision based on their inability to make Finding No. 6. Therefore, the Community Development will be recommending that it be denied 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. Appeal statement No. 3 states that "at the June 19 Planning Commission meeting, there was a lengthy discussion regarding the septic systems and the long- term viability of these individual systems. Apparently in part due to the soil conditions in the area, the county's own expert was predicting the failure of these septic systems, although, as he went on to say, they currently meet the code for approval. With this dire prediction from the County's own expert, how can this subdivision be approved?" The San Joaquin County Board of Supervisors granted the appeal and denied Major Subdivision No. PA-0200462 because of the issues raised regarding this finding. 2