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Recommendations Action It is recommended that the Planning Commission 1. Approve the Negative Declaration; and 2. Approve Flood Variance Application No. PA-0900266 based on the ability to make the Findings for Flood Variance contained in the staff report. Findings 1 There is good and sufficient cause for the flood variance. • This finding can be made because there is no other location, outside of the floodway, where the well can be placed and the existing well has been appraised and found to be beyond repair by two local pump companies so a new well must be installed. Additionally, the Environmental Health Department(EHD) viewed the condition of the Two Rivers RV Park Water System drinking water well on October 6, 2009. The casing of the well was found to be severely deteriorated. The EHD immediately issued an Unsafe Water Alert Order, to prevent a water borne microbial disease out break. The Order requires the owner to notify all users of the water system to boil the well water for one minute before drinking or preparing food. The owner provided the notification to the users while EHD was at the site. The EHD also issued an Inspection Report to the owner requiring him to repair or replace the well to State and County standards immediately. 2. Failure to grant the variance would result in exceptional hardship to the applicant. • This finding can be made because failing to grant the variance, the Recreational Vehicle Park and Campground would not have a water source that meets Public Health standards and the owner who lives on the site would not have a potable drinking water supply. 3. The flood variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing local laws or ordinances. • This finding can be made because the new well is an in-kind replacement of an existing well that will be demolished. The destruction of the existing well will be completed by cutting the well casing to surface grade. The owner will not be allowed to use the existing pressure tank, as it does not meet current standards. To mitigate any increase in flood heights caused by the new well components, the current well equipment and housing could be removed from the site. The variance will allow the construction of a replacement well that meets current well construction standards which will increase the public's safety because microbes and other surface contaminants will not be able to enter the well water and impair the ground water drinking supply. This project will not create public expense or nuisances and there will not any victimization of the public by replacing the well because the owner will pay for the cost of replacing the well. San Joaquin County PA-0900266/Turkmany Community Development Page 6