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Analysis Background The proposed project site has an unnamed creek running along the northeastern portion of the property and is designated as Open Space Resource Conservation Area on the General Plan Map 2010. The western property line is adjacent to Lower Sacramento Road and contains a number of Oak Trees. The current land use and topography is fallow agricultural land with rolling hills along the northern portion of the project site, grazing land to the west of the project site and a single family residence and accessory buildings to the south. Williamson Act The proposed project site is currently under Williamson Act Contract No. 69-C1-23 and is not considered to be prime farmland according to the San Joaquin Important Farmland Map of 2004 (Department of Conservation). The California State Subdivision Map Act Section 66474.4 allows for land that is under contract to be subdivided provided a written Notice of Non-Renewal of the contract has been served, as provided in Section 51245, and, as a result of that notice, there are no more than three years remaining in the term of the contract. A Notice of Non-Renewal was filed (WN-97-0007) in 1997 leaving less than three years on the existing term of contract. Army Corps of Engineers As delineated in the tentative map, the unnamed water channel may have the potential to affect waters which are regulated by the Department of Army Corps. As such this project involves the grading of dirt, vegetation and fill, which could potentially affect the surrounding waterways downstream and unnamed water channel. A wetland delineation study was conducted on August 31, 2005 by Moore Biological Consultants and approximately 5.01 acres of the project site are adjacent to tributary Waters of the U.S. The Army Corps of Engineers is recommending the following conditions: i) Prior to any grading, disturbance or construction within the project site, the applicant shall submit plans to the County clearly depicting the limits of work and the jurisdictional waters of the U.S. If there is work proposed within jurisdictional waters of the U.S., a permit from the U.S. Army Corps of Engineers will be required. ii) A note shall be placed on the Final Map and a separate instrument shall be recorded for Lots 16- 35 that prior to any issuance of building permits, grading, disturbance or Construction a permit may be required from the Department of the Army Corps of Engineers. Endanqered Species/Animal Life The applicant has indicated that they will participate in the San Joaquin Council of Governments Multi- Species Habitat Conservation and Open Space Man (SJMSCP) to reduce impacts to biological resources resulting from the proposed project to a level of less-than-significant. Oak Trees The site contains a number of valley oak trees as identified in the preliminary biological resources assessment for this site and as shown on the tentative reap. To protect and preserve heritage oak trees and native oak trees from development and construction activity, the Community Development San Joaquin County PA-04000741Gudel Community Development Page 3 copy