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Endangered Species/Animal Life The Natural Diversity Database lists the Swainson's Hawk (Buteo swainsoni) and White- tailed Kite (Elanus lecurus) as potentially occurring in the project area. As such the applicant has indicated that they will participate in the San Joaquin Council of Governments Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) to reduce impacts to biological resources resulting from the proposed project to a level of less-than-significant. Riparian HabitaVOuen Space Resource Conservation (OSRC) The project involves the grading of dirt, vegetation and fill, which could potentially affect the surrounding waterways and creek channel. A wetland delineation study was prepared by Moore Biological Consultants and approximately 5.01 acres of the project site are adjacent to tributary Waters of the U.S. As such, the following condition of approval will apply: Prior to any issuance of building permits, grading, disturbance or construction within the project site a permit from the Department of the Army Corps of Engineers will be required. Also, as identified on the General Plan map and through site inspections by Moore Biological Consultants a portion of the project site is designated as Open Space Resource Conservation Area. If the project is approved the following ordinance requirements will apply: Parallel to any natural bank of a waterway, a natural open space for riparian habitat and waterway protection shall be maintained to provide nesting and foraging and the protection of waterway quality. The minimum width of said open space shall be one-hundred (100) feet, measured from the mean high water level of the natural bank or fifty (50) feet back from the existing riparian habitat, whichever is greater. Water-dependent uses may be permitted in this buffer. (Development Title Section 9-1510.5) Williamson Act The 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 in 1998 leaving 3 (three) years remaining on the existing contract. The parcels have a current General Plan designation of RIR (Rural Residential). The development project is consistent with the General Plan, Project Opponents and Proponents The application was previously referred out January 8, 2005 with a bridge proposed as secondary access across the wetlands area to Liberty Road. The application was referred again October 14, 2005 with a revised map showing secondary access along the southern portion of the property avoiding the wetlands area on the project site. The Community Development Department has received two letters in support of the project and a signed petition with 42 signatures and letter from the City of Galt opposing the project. The project has been tentatively scheduled for the Planning Commission 4