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HONORABLE BOARD OF SUPERVISORS <br />September 28, 1987 <br />Page 2 <br />system. As noted by Deputy County Counsel Pat Curran at the <br />Planning Commission meeting (see approved minutes), the EIR for <br />the General Plan Amendment for this project was based on the pro- <br />vision of public water. There was no analysis or discussion of <br />potential significant environmental impacts of proceeding with <br />private water systems, i.e., individual wells. The applicant did <br />not challenge the EIR regarding provision of a public water <br />system. Had he challenged it at the time of hearing on the <br />General Plan Amendment, the issue could have been adequately <br />addressed. Since the applicant now wants to proceed on the basis <br />of individuals wells, that proposal flies in the face of the EIR. <br />Therefore, the EIR must be amended to address the issue, before <br />any finding of adequacy can be made for the report for the provi- <br />sion of individual wells. The EIR has already been determined to <br />be adequate regarding the provision of a public water system. <br />It should also be noted that the required findings for <br />approving the subdivision were made by the Planning Commission on <br />the condition that public drainage and water systems would be <br />provided. The evidence submitted by the Public Works Department <br />and local health supported the finding that "the design of the <br />subdivision or the types of improvements is not likely to cause <br />serious public health problems." In order to uphold the <br />appellant's request to develop with private wells and individual <br />drainage systems, the Board must find that the private systems <br />are not likely to cause serious public health problems. As indi- <br />cated above, a supplemental EIR will be necessary to further <br />address this issue. <br />In the alternative, if the Board finds that the evidence sub- <br />mitted at the hearing on appeal supports the decision of the <br />Planning Commission, the appeal should be denied and the ten- <br />tative map approval upheld as conditioned. <br />Very truly yours, <br />JOHN F. CHEADLE <br />County Counsel <br />By s <br />SANDRA MICHAEL AFFONSO <br />Deputy County Counsel <br />J:SMA:EDWARDS <br />cc: Planning Department <br />Public Works Department <br />Local Health District <br />