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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 SPn III EIR and the Environmental Checklist,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 negatively affected by the subdivision. B. 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 and LESD (e.g., roads, entries,the K-8 school site) are consistent with the PLEP and/or required to meet MHCSD design standards, both of which are implementation measures for the General Plan, Master Plan, and Specific Plan III. 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 of the requirements for street trees,the high percentage of lots oriented along east-west streets and alleys, and the limitations imposed by Master Plan and Specific Plan III density requirements. Since the street trees would be deciduous, in cooler seasons sun exposure to each home would be maximized to relieve natural gas demands for heating,while in warmer seasons,tree foliage would provide shade relief, thereby reducing electricity needs for air conditioning. Project density and lot design will assure proper access to both passive solar heating and cooling opportunities associated with prevailing breezes. 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 Mountain House Development Agreement,which requires 21