Agenda packet — Healdsburg City Council, March 20, 2023 (part 2 of 4)

because of City’s election, in any proceeding instituted under the federal Bankruptcy Code, of the application of Section 1111(b)(2) of the Federal Bankruptcy Code; and (iii) any defense based on any borrowing or grant of a security interest under Section 364 of the Federal Bankruptcy Code.

Without limiting the generality of the foregoing or any other provision hereof, Guarantor hereby expressly waives any and all benefits which might otherwise be available to Guarantor under California Civil Code Sections 2809, 2810, 2819, 2839, 2845, 2849, 2850, 2899, and 3433 and California Code of Civil Procedure Sections 580(a), 580(b), 580(d), and 726. (e) Until termination of this Guaranty (as set forth in Section 4), Guarantor shall have no right of subrogation, and waives any right to enforce any remedy that the City now has or may hereafter have against the Developer or any member of Developer, or any other person, and waives the benefit of, and any right to participate in, any security now or hereafter held by City from the Developer.

13. Transfer or Assignment. The obligations of Guarantor under this Guaranty may be assigned or transferred in whole or in party, to one or more successor developers of [Parcel 2 and/or Parcel 4], in each case in connection with the assignment and assumption of the rights and obligations of Master Developer under the Development Agreement with respect to [Parcel 2 and/or Parcel 4], pursuant to which Master Developer has assumed or has assigned to the successor guarantor and/or its affiliate, and successor guarantor and/or its affiliate has assumed from Master Developer, the rights and obligations under those portions of the Development Agreement and this Guaranty applicable to [Parcel 2 and/or Parcel 4, as applicable]. Any such transfer and assumption will release Guarantor from any liability to City pursuant to this Guaranty so assigned and assumed, provided that the designated replacement guarantor is the Master Developer or an affiliate thereof of meets the City’s standards applicable to a Partial Transferee pursuant to Section 9.1 of the Development Agreement, and such party has been approved by City in its discretion, as provided in and pursuant to Section 9.1 of the Development Agreement. Except as provided immediately above, the obligations of Guarantor under this Guaranty may not be assigned or transferred without, in each case, the express written approval of the City, which approval shall be within the sole and absolute discretion of the City.

14. Notices. City shall provide Guarantor with all written notices delivered to Developer pursuant to the Development Agreement at the same time such notice is delivered to Developer. Guarantor shall not be liable under this Guaranty unless and until it has received such notice. The Guarantor shall have the right to perform any and all of Developer’s obligations under the Development Agreement.

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Packet Pg. 137 Attachment: 1. Ordinance (3982 : North Village DA 4th Amendment) Ordinance No.

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under which such defenses may arise, and (iii) the benefits which such defenses might confer upon Guarantor, and (iv) the legal consequences to Guarantor of waiving such defenses. Guarantor acknowledges that Guarantor makes this Guaranty with the intent that this Guaranty and all of the informed waivers herein shall each and all be fully enforceable by City, and that City is induced to enter into this transaction in material reliance upon the presumed full enforceability thereof.

16. Miscellaneous.
(a) This Guaranty shall inure to the benefit of City and its successors and assigns and shall bind the heirs, executors, administrators, personal representatives, successors and assigns of Guarantor.
(b) This Guaranty shall be governed by and shall be construed in accordance with the laws of the State of California.
(c) If any term, provision, covenant or condition hereof or any application thereof should be held by a court of competent jurisdiction to be invalid, void or unenforceable, all terms, provisions, covenants and conditions hereof and all applications thereof not held invalid, void or unenforceable shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby.
(d) Guarantor assumes the responsibility for keeping informed of (1) the financial condition of Developer, (2) any change in the management or control of Developer, and (3) all other circumstances bearing upon the risk of nonperformance by Developer of its obligations under the Development Agreement.
(e) This Guaranty shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce or interpret this Guaranty shall be filed and heard in the Superior Court of Sonoma County, California.
(f) Any notice or communication required hereunder between City or Guarantor must be in writing, and may be given either personally, by e-mail (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party. Notices transmitted after 5:00 p.m. on a normal business day or on a Saturday, Sunday, or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of: (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto,

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Packet Pg. 138 Attachment: 1. Ordinance (3982 : North Village DA 4th Amendment) Ordinance No.

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designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

If to City: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attention: City Manager
With a Copy to: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attention: City Attorney
If to Guarantor:

With a Copy to:
(g) In any legal action or other proceeding brought by either party to enforce or interpret a provision of this Guaranty, the prevailing party is entitled to reasonable attorneys’ fees and any other costs incurred in that proceeding in addition to any other relief to which it is entitled. [Signatures on following page]

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Packet Pg. 139 Attachment: 1. Ordinance (3982 : North Village DA 4th Amendment) Ordinance No.

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11134.00028/1283218v1
IN WITNESS WHEREOF, the undersigned has executed this Guaranty as of the day and year first above written.

GUARANTOR:
________________________________
By: ___________________________
Name: ___________________________
Its: ___________________________

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Packet Pg. 140 Attachment: 1. Ordinance (3982 : North Village DA 4th Amendment) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

COUNTY OF )
On _________________________ before me
_________________________________________ (insert name and title of the officer) personally appeared
______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)

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Packet Pg. 141 Attachment: 1. Ordinance (3982 : North Village DA 4th Amendment)

C H I Q U I T A R D
B

URGUNDY RD

C A N Y O N R U N

PO PPY HILL DR

R O S E
W
O O D
D
R
H
E
A
L
D
S
B
U
R
G
A
V

SPUR RIDGE LN

GROVE ST
R
A
I
L
R
O
A
D

P A S S A L A C Q U A R D

P A R K L A N D F A R M S B D

B R I D L E P A T H
101
101
101
Housing Housing Hotel Hotel
Mixed
Use/Residential
Mixed
Use/Residential
Senior
Living
Senior
Living
North Village - Mixed Use/Residential Vicinity Map Map Date: 5/18/2021

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Packet Pg. 142 Attachment: 2. Site Vicinity Map (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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REQUEST FOR PLANNING COMMISSION ACTION
PROJECT TITLE: North Village Project - Modifications to Sitewide and Parcel 4 Entitlements

SUBJECT: Development Agreement Amendment (DA 2020-01.04) Master Conditional Use Permit Amendment (CUP 2019-04.02) Parcel 4 Design Review Permit Amendment (DR 2021-07.01) Parcel 4 Conditional Use Permit Amendment (CUP 2021-04.01) Parcel 4 Tentative Map (TM 2022-07)
The applicants seek approval of five interrelated entitlements: (1) amendment to North Village Development Agreement to modify affordability levels for residential uses on Parcels 2 and 4; (2) amendment to sitewide Master Conditional Use Permit to modify shared parking plan; (3 and 4) amendments to Major Design Review and Conditional Use Permit for mixed-use
retail/residential development on Parcel 4 to modify facades, building massing, landscaping, and site amenities; and (5) approval of Tentative Map to establish a common parcel and three airspace parcels on Parcel 4, each in reliance on the certified NEAP EIR and with adoption of a CEQA exemption pursuant to Public Resources Code section 21083.3 and CEQA Guidelines section 15183.

PROPERTY ADDRESSES: Parcel 4: 1830 Boxheart Drive, 1840 Boxheart Drive, 70 Dovetail Lane, 80 Dovetail Lane
Parcel 2: 201 Dovetail Lane
Parcel 3 (Hotel): 101 Dovetail Lane
Parcel 1 (Enso Village): 1801 Boxheart Drive.

ASSESSOR PARCEL NOS.: Parcel 4: 091-060-039, 091-060-025 Parcel 2: 091-060-041
Parcel 3 (Hotel): 091-060-04
Parcel 1 (Enso Village): 091-060-037
GEN'L PLAN & ZONING: Mixed Use (MU)/ North Entry Area Plan Overlay (NEAP) Agenda Item #: 4.B.

Meeting Date: February 28, 2023
Prepared By: Linda Ruffing, Planning Consultant
Reviewed By: ________________________
Scott Duiven
Community Development Director

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Packet Pg. 143 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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APPLICANTS: Comstock Healdsburg, LLC (DA 2020-01.04; CUP 2019-04.02; TM 2022-07)
Burbank Housing Development Corporation (DR 2021-07.01; CUP 2021-04.01)
RECOMMENDED ACTIONS:

By four separate motions, it is recommended that the Planning Commission:
(1) Approve Resolution No. 2023-xx (Attachment 1) recommending that the Healdsburg City Council approve the proposed Fourth Amendment to the Development Agreement by and between the City of Healdsburg and CCS Healdsburg, LLC, for the North Village Project (DA 2020-01.04).
(2) Approve Resolution No. 2023-xx (Attachment 2) modifying the Master Conditional Use Permit for the North Village Project (CUP 2019-04.02) to conform housing affordability levels to the Fourth Amendment to the DA and to authorize modifications to the sitewide Shared Parking Plan.
(3) Approve Resolution No. 2023-xx (Attachment 3) amending Major Design Review Permit (DR 2021-07.01) and Major Conditional Use Permit (CUP 2021-04.01) for the North Village Mixed Use Project (Parcel 4), based on the suggested findings and subject to the recommended conditions of approval.
(4) Approve Resolution No. 2023-xx (Attachment 4) approving a Tentative Map (TM 2022-07) for Parcel 4 of the North Village Project based on suggested findings and subject to the recommended conditions of approval.

BACKGROUND:

Site Vicinity & Description. The 32-acre North Village Project site is located at the northern end of Healdsburg between US 101 and Healdsburg Avenue (Attachment 5, Site Vicinity Map). The site is bisected by an inactive rail corridor which runs parallel to Healdsburg Avenue upon which the SonomaMarin Area Rail Transit has plans for future passenger rail service. Access to the site is provided via a public, at-grade rail crossing and a private street (Boxheart Drive) with a secondary emergency vehicle access from Healdsburg Avenue located near the north property boundary.

North Entry Area Plan. The North Village Project site comprises the North Entry Area Plan ("NEAP") planning area. In May 2019, the Healdsburg City Council certified an Environmental Impact Report ("NEAP EIR") and adopted the NEAP and an ordinance amending the Healdsburg Municipal Code to establish implementing regulations for the NEAP. The NEAP establishes a vision concept, land use guidelines, development standards and design guidelines for a new mixed-use neighborhood on the 32- acre North Village site.

North Village Development Agreement. In April 2020, the City Council entered into a Development Agreement ("DA") for the North Village project (DA 2020-01). The DA allows for development of up to 301 residential units, approximately 12,000 square feet of commercial space, and a 108-key hotel with a restaurant, bar and other amenities. The DA required the developer to construct a minimum of 15 low7.A.c Packet Pg. 144 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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and very low-income units, 39 moderate-income units and 26 middle-income units, plus 20 senior living units affordable to households with very low-income and 10 units to households with moderate-incomes.

The DA was amended in June 2022 at the request of the Enso Village developer (Kendal at Sonoma, a Zen Inspired Community) to change the affordability levels for 10 of the 20 very low-income senior living units that are reserved for the "Zen Teachers" to 5 low-income and 5 moderate-income units with 10 remaining as very low-income units (DA 2020-01.01). Two other amendments to the DA have been approved. One amendment modifies Comstock and City obligations with regard to construction of a Fire Substation (DA 2020-01.02); the other modifies the timing for recordation of the affordable/workforce housing regulatory agreement and middle-income housing regulatory agreement (DA 2020-01.03). The DA and its three amendments are available for review on the City's website at:
https://www.ci.healdsburg.ca.us/842/North-Entry-Area-Plan.

Existing Entitlements. The following entitlements have been approved by the Planning Commission for development on the North Village project site:
 Master Conditional Use Permit (CUP 2020-04; February 2020) ("MCUP") established allowable uses and densities for each of the four parcels on the North Village site, defined required backbone infrastructure improvements to serve the development, and authorized a Shared Parking Plan which allocated 608 total on-site parking spaces to the various uses and allowed for elimination of up to 24 spaces to accommodate angled parking on Dovetail Lane.

CUP 2020-04 was amended by the Planning Commission in February 2022 to modify the affordability requirements for Enso Village (CUP 2020-04.01) to conform to DA 2020-01.01 as discussed above. This was accomplished by adding language stating "In the event that a modification to the Development Agreement is approved by the City Council that conflicts with the affordability mix shown below, the Development Agreement shall control."  Enso Village Design Review & Conditional Use Permit (DR 2020-09, CUP 2020-02; November 2020) authorized development of a senior living community on Parcel 1 with 221 senior independent living units, 54 assisted living/memory care beds, and associated amenities.

These permits were amended in February 2022 to authorize a net reduction of 13 on-site parking spaces at Enso Village and to authorize modifications to the floor plan and facades of the car barn (DR 2020-09.01, CUP 2020-02.01).
 North Village Hotel Design Review & Conditional Use Permit (DR 2021-06, CUP 2021-03; May 2021) authorized development of a 108-key hotel with fitness facility, spa, restaurant, rooftop bar and meeting spaces on Parcel 3.
 North Village Mixed Use Project Design Review & Conditional Use Permit (DR 2021-07, CUP 2021-04; May 2021) authorized development of a mixed-use project on Parcel 4 with 12,000 square feet of commercial/retail space, 45 multi-family units, and 5 live-work units. Of these units, 24 would be targeted to moderate-income households and 26 would be targeted to middle-income households.

Status of Development of the North Village Project. Much of the sitewide backbone infrastructure (i.e., streets, underground utilities, frontage improvements) has been installed. The traffic signal at the project entrance will be installed in the spring of 2023. The Enso Village senior living community is under construction and is expected to be completed and occupied in late 2023. Rough grading and

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Packet Pg. 145 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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backbone utilities have been completed on Parcel 3 (Hotel) and building permits for the hotel are under review. In addition to the interrelated entitlements addressed in this staff report, Comstock has submitted applications for Design Review and a Tentative Map for a 24-unit middle-income residential development on Parcel 2. Those applications are scheduled for preliminary review by the Planning Commission at a workshop in late March.

DESCRIPTION OF PROPOSED AMENDMENTS & TENTATIVE MAP
Applicants' Objectives
There are two applicants involved in this set of applications. The master developer for the North Village project, Comstock Healdsburg LLC ("Comstock"), submitted applications for a Development Agreement amendment ("4th DA Amendment"), a Master Conditional Use Permit amendment ("MCUP Amendment"), and the Parcel 4 Tentative Map. Burbank Housing Development Corporation ("Burbank") submitted the application for amendments to the Design Review and Conditional Use Permits for Parcel

4. Following approval of these entitlements, Burbank would assume title to the airspace parcel for the residential uses on Parcel 4 and operate the affordable housing project. Comstock would be responsible for leasing or selling the airspace parcels for the commercial/retail uses. Both parties would be involved in construction of the Mixed Use Project.

As explained in the Master Conditional Use Permit Project Narrative (Attachment 6), the MCUP Amendment would allow for the affordable/workforce housing to be developed on Parcel 4 instead of Parcel 2 and for the middle-income housing to be developed on Parcel 2 instead of Parcel 4. Comstock has proposed the MCUP Amendment and the 4th DA Amendment (which modifies the affordability levels for residential uses on Parcels 2 and 4) in order to enable Burbank to develop an affordable housing project on Parcel 4 that is appropriately scaled and financially feasible. The five live-work units that were approved on Parcel 4 would be eliminated in lieu of apartment units and the total number of units on Parcel 4 would be increased from 50 to 53 units. Modifications to the sitewide shared parking plan are also proposed. Attachment 7 presents Burbank's description of the requested Design Review and Conditional Use Permit amendments (DR/CUP Amendments) for Parcel 4. Comstock proposes to develop middle-income housing on Parcel 2 as a for-sale product consisting of 24 townhome units each having a two-car garage. Comstock's Design Review and Tentative Map applications for Parcel 2 are being processed separate from the amendments to the master entitlements (i.e., DA and MCUP) and the Parcel 4 entitlements.
4th Amendment to the Development Agreement
The proposed 4th DA Amendment (Attachment 8) would modify the affordability levels for the Affordable/Workforce Housing Units and the Middle Income Housing Units. Specific changes are shown below with strike-through text denoting words to be deleted and underlined text denoting words to be added.

5.1 Affordable/Workforce Housing Units.
(a) Developer shall cause construction of a minimum of thirty (30) fifty-three (53) units of Affordable/Workforce Housing within the Project, affordable to households with very low, low, and moderate incomes, as follows:

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Packet Pg. 146 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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(i) Six (6) Approximately ten (10) dwelling units are anticipated to be made available for occupancy at an affordable rent, adjusted for household size, to Very Low Income Households.
(ii) Nine (9) Approximately forty-two (42) dwelling units are anticipated to be made available for occupancy at an affordable rent, adjusted for household size, to Low and Moderate Income Households.
(iii) Fifteen (15) One (1) dwelling units, the manager's unit, will be a restricted unit, up to 120% of AMI. are anticipated to be made available for occupancy at an affordable rent, adjusted for household size, to Moderate Income Households. (b) Notwithstanding the foregoing, the final mix of Affordable/Workforce Housing units in any given affordability category may vary, but in no event shall less than three (3) units be occupied by Very Low Income Households, and no greater than thirteen (13) units be occupied by Moderate Income Households, nor shall more than fifteen (15) units be occupied by households between 80% and 120% of AMI.
(c) Developer shall provide approximately five (5) eighteen (18) one-bedroom dwelling units, nine (9) twenty-four (24) two-bedroom dwelling units, and sixteen (16) eleven (11) three-bedroom dwelling units within the Affordable/Workforce Housing. Notwithstanding the foregoing, Developer shall have the right to construct at least eight (8) three-bedroom dwelling units within the Affordable/Workforce Housing.
(d) Developer or developer's successor in interest with respect to the parcel or parcels on which the Affordable/Workforce Housing is to be located shall enter into an “Affordable Housing Agreement” with City setting forth its obligations to provide and maintain the Affordable/Workforce Housing units for a term of 55 years. The Affordable Housing Agreement shall be executed by Developer or developer's successor in interest with respect to the portion of the Property containing the Affordable/Workforce Housing units and be recorded against such portion of the Property containing the Affordable/Workforce Housing units prior to City issuance of a final certificate of occupancy for the hotel. The Affordable Housing Agreement shall be assignable to and assumable by the owner and operator of the Affordable/Workforce Housing units, and all portions of the Property except for the parcel containing the Affordable/Workforce Housing units shall be released from the City shall release the Affordable Housing Agreement from the Property except for the parcel containing the Affordable/Workforce Housing units upon the first to occur of (i) issuance of a final certificate of occupancy for the Affordable/Workforce Housing units or (ii) delivery to City of a issuance of a completion guaranty pursuant to Section 5.5(a) of this Agreement, whichever is earlier. After satisfaction of the earliest to occur of such conditions, and upon request of Developer or its successor, City will provide a release in recordable form from the obligations of the Affordable Housing Agreement with respect to those portions of the Property no longer subject to such obligations and authorize recordation thereof in the Official Records.

5.2 Middle Income Housing Units.
(a) Developer shall cause construction of a minimum of fifty (50) twenty-four (24) units of Middle Income Housing within the Project, which shall be made available at an affordable rent to households with moderate and middle incomes Middle Income Households, as follows:

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Packet Pg. 147 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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(i) Twenty-four (24) dwelling units shall be made available for occupancy at an affordable rent, adjusted for household size, to Moderate Middle Income Households. (i) Twenty one (21) dwelling units shall be made available for occupancy at an affordable rent, adjusted for household size, to Middle Income Households. (ii) Five (5) live-work units shall be made available for occupancy at an affordable rent, adjusted for household size, to Middle Income Households. (b) Developer shall provide fifteen (15) studio dwelling units, sixteen (16) one-bedroom dwelling units, fourteen (14) two-bedroom dwelling units, and five (5) live-work dwelling units of approximately 1,000 square feet per unit within the Middle Income Housing. (cb) The Middle Income Housing will require Growth Management Ordinance (“GMO”) Category C allocations. If the GMO is modified in the future to allow units sold at an affordable sales price to Middle Income Households to qualify for Category C allocations, Developer may, in its sole discretion, develop the Middle Income Housing for sale rather than for rent at an affordable sales price to Middle Income Households.
(c) Developer or its successor in interest shall enter into a “Middle Income Housing Agreement” with City setting forth its obligations to provide and maintain the Middle Income Housing units for a term of 55 years. The regulatory agreement shall meet any applicable requirements of the GMO Policies and Procedures as may be amended, or applicable new GMO policies and procedures that may be adopted, by the City Council specifically for Middle Income Housing units that do not otherwise conflict with the terms of this Agreement. The Middle Income Housing Agreement shall be executed by Developer or its successor in interest with respect to the portion of the Property containing the Middle Income Housing units and be recorded against such portion of the Property containing the Middle Income Housing units prior to City issuance of a final certificate of occupancy for the hotel. The Middle Income Housing Agreement shall be assignable to and assumable by the owner and operator of the Middle Income Housing units, and City shall release the Middle Income Housing Agreement from all portions of the Property except for the parcel containing the Middle Income Housing units shall be released from the Middle Income Housing Agreement upon the first to occur of (i) issuance of a final certificate of occupancy for the last Middle Income Housing units to be constructed or (ii) delivery to City of a completion issuance of a guaranty pursuant to Section 5.5(a) of this Agreement, whichever is earlier. After satisfaction of the earliest to occur of such conditions, upon request of Developer or its successor, City will provide a release in recordable form from the obligations of the Middle Income Housing Agreement with respect to those portions of the Property no longer subject to such obligations, and authorize recordation thereof in the Official Records.

In addition to the modifications noted above, the 4th DA Amendment includes the following minor changes:
 Recital E in the DA is modified to reflect the changes to the mix and affordability levels for the Affordable/Workforce and Middle Income housing.
 Section 5.4(c) is updated to clarify that the obligations of the Senior Living Community Affordable Housing Agreement have been assigned to Kendal at Sonoma as the owner and operator of the Senior Living Community.

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Packet Pg. 148 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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 Section 5.5(a) is modified to refer to the form of the completion guaranty attached to the 4th DA Amendment and to cross-reference other sections that reference the guaranty.

Master Conditional Use Permit Amendment
As explained in the Master Conditional Use Permit Project Narrative (Attachment 6), the MCUP Amendment would relocate the Affordable/Workforce housing to Parcel 4 and the Middle Income housing to Parcel 2. This would enable Burbank to develop an affordable housing project on Parcel 4 that is appropriately scaled/financially feasible. Burbank proposes to increase the total number of residential units on Parcel 4 from 50 to 53 units. The modifications include elimination of the 5 live-work units and changes to the affordability levels prescribed by the DA. Comstock proposes to develop the middleincome housing on Parcel 2 as a for-sale product. They are proposing 24 townhome units with individual two-car garages. This is 6 fewer units than the 30 units originally contemplated on Parcel 2. The proposed modifications to the housing mix on Parcels 2 and 4 result in a net loss of 3 units sitewide.

As shown below, the proposed MCUP Amendment would revise Condition #14 (including the North Village Use Table) to correspond to the changes in the unit mix and the changes to the affordability levels on Parcels 2 and 4. The table is also updated to reflect the proposed modifications to the Shared Parking Plan as proposed in the current applications. Subsections C and D of Condition #18 are modified to transfer the requirements for amenities to serve the Affordable/Workforce housing from Parcel 2 to Parcel

4. 14. The Project shall provide a mix of affordable housing in accordance with the Development Agreement, as shown on the North Village Use Table, below. In the event that a modification to the Development Agreement is approved by the City Council that conflicts with the affordability mix shown below, the Development Agreement shall control. On Parcel 2 4, the final mix of Affordable/Workforce Housing units in any given affordability category may vary, but in no event shall less than three (3) units be occupied by Very Low Income Households, nor shall more than fifteen (15) thirteen (13) units be occupied by households between 80% and 120% of AMI.

North Village Use Table
(See Conditions #10, #13, #14 and #16)
Parcel 1 Parcel 2 Parcel 3 Parcel 4
Use type Senior Living
Community
Multi-Family
Housing
Hotel Mixed Use
Residential
Allowable
uses
221 independent
living units and
ancillary facilities;
Total of 54 assisted
living and memory
care beds; ancillary
facilities
24 30 apartments 108 key hotel;
restaurant (60
seats indoor; 40
seats outdoor);
Rooftop bar (60
seats);
"Grange"
building;
Fitness
center/spa
53 45 apartments;
5 live-work units;
12,000 SFcommercial/retail

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Packet Pg. 149 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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18. In addition to any requirements elsewhere in these conditions, the following requirements shall apply to future design review submittals for development on the Project site:

A. The design for Parcel 4 shall include public restrooms within a commercial or mixeduse building to serve the users of community amenities within the "central focal point." B. For the mixed use buildings on Parcel 4 that front on the Street "A", the ground floor frontage along Street "A" shall be occupied solely by commercial uses in order to activate that frontage. Access doors that provide ground floor access to residential uses on upper floors shall be permitted.

Parcel 1 Parcel 2 Parcel 3 Parcel 4
Floor Area 388,000 SF -
senior independent
living units and
ancillary facilities;
54,000 SF -
assisted
living/memory care
and ancillary
facilities
45,000 SF 87,000 SF -
interior floor
area;
27,000 SF -
exterior covered
areas
55,000 SF -
apartments and
live-work units;
12,000 SF -
commercial/retail
Interior: 641,000
SF
Interior/Exterior:
668,000 SF
NonResidential
Floor Area
54,000 SF 87,000 SF 12,000 SF Total:
153,000 SF
Cap: 200,000 SF
Floor Area
Ratio

0.63 0.36 0.25 0.30 Average FAR:

0.46 Site
Coverage
147,000 SF 17,500 SF 54,200 SF 25,600 SF Total:
244,300 SF (.31)
Cap: 475,675 SF
(.60)
Affordable
Housing
30 units:
very low (10)
low (5)
moderate (15)
30 24 units:
very low (6)
low (9)
moderate (15)
middle (24)
N/A 50 53 units:
very low (10)
low and moderate
(42)
manager's unit:
moderate (1) (24)
middle (26)
Total:
110 107
affordable units
Housing
Unit Mix
(approx.)
1 BR (5)
2 BR (9),
3 BR (16)
to be determined
N/A Studio (15)
1 BR (1618)
2 BR (1424)
live-work 3 BR (5
11)
Shared
Parking
Plan
238 onsite
33 street/shared
271 TOTAL
39 48 onsite
16 10
street/shared
5558 TOTAL
124 106 onsite
4 street/shared
124110 TOTAL
64 85 onsite (apts)
69 49 shared
133 134 TOTAL 583 573 TOTAL

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Packet Pg. 150 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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C. The recreational amenities for Parcel 2 4 (which includes 30 53 units of affordable housing) shall, at a minimum, include a “tot lot” for use by the residents of that parcel.

Additional outdoor amenities may be required at the time of design review for Parcel 2

4. D. In connection with design review for open space and recreational amenities on Parcel 2 4, the Applicant shall provide additional details for review, as reasonably required by the City, including but not limited to:
 Proposed manufacturer and line, dimensions and components, age appropriateness (2-5, 5-12) for any play structure proposed for the development;  Proposed surfacing material for any play structure (engineered wood fiber, pouredin-place rubber, etc.); and  Other site amenities such as benches, picnic tables, grills, etc.

Amendments to Parcel 4 Conditional Use Permit and Design Review Permit Attachment 7 provides a detailed narrative that describes the modifications requested by Burbank to the Major Design Review permit (DR 2021-07/CUP 2021-04) for Parcel 4 as approved by the Planning Commission on May 21, 2021. Attachment 9 presents a Plan Set for the proposed Affordable/Workforce Housing project on Parcel 4 that identifies the proposed modifications to the approved project design. As explained in Attachment 7, modifications to the plans include the following:
 The third story on Building 14 has been elongated to accommodate one additional unit.  Usable, ground level common open space has been provided in-lieu of private open space (balconies).
 Juliet balconies have been incorporated to further articulate the second and third stories.  Metal railings have been modified from horizontal to vertical for safety reasons to prevent climbing.
 The colonnade has been refined on courtyard-facing elevations of Buildings 13 and 14.  Stone finish has been refined to further articulate elevations.  Horizontal wood paneling has been incorporated to screen ground floor private patios.  A community room with a kitchenette and space for activities and gatherings has been added.  A mail center and indoor bicycle storage are included.  Laundry hook-ups are provided in individual units.
 Outdoor amenities, including a tot lot, BBQ and gathering area with tables and benches for outdoor seating, and bike racks are provided.
 The following unit mix is proposed:

Unit Type No. of Units Unit Size
1 Bedroom 18 564-644 square feet

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Packet Pg. 151 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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2 Bedroom 24 751-896 square feet
3 Bedroom 11 902-905 square feet
Total 53 approx. 40,000 square feet
 85 dedicated parking spaces are provided for the 53 affordable/workforce units on Parcel 4 which exceeds State Density Bonus Law requirements of one space per one-bedroom unit and

1.5 spaces per two- and three-bedroom units. 49 shared parking spaces would be available for the commercial/retail uses.

Parcel 4 Tentative Map
The proposed Tentative Map for Parcel 4 is presented in Attachment 10. The Map establishes three airspace parcels and one common area parcel. Two of the parcels would be established for the ground floor of each building on Boxheart Drive where the retail uses will be located. The third parcel would encompass all of the apartments and ancillary residential uses in the three buildings. Sheet 2 of the Tentative Map includes a diagram showing which parts of the buildings comprise the retail and the residential parcels.

CONSISTENCY ANALYSIS - PLANNING POLICIES AND REGULATIONS A detailed analysis of the consistency of the proposed 4th DA Amendment, MCUP Amendment, Parcel 4 DR/CUP Amendments and Parcel 4 Tentative Map with applicable City policies and regulations is provided in the following attachments and summarized below:
 Attachment 11 - Healdsburg General Plan 2030 Consistency Analysis  Attachment 12 - North Entry Area Plan Consistency Analysis  Attachment 13 - Land Use Code Consistency Analysis
Healdsburg 2030 General Plan
The Healdsburg 2030 General Plan land use designation for the North Village site is Mixed Use ("MU").

This land use classification provides for a broad range of commercial and residential uses, including multi-family residential, hotels and retail uses. Attachment 11 presents a table that identifies relevant policies in the General Plan and evaluates the consistency of the proposed project (including the DA and MCUP amendments and the Parcel 4 entitlements) with the policies. As shown, the project and the proposed amendments are consistent with General Plan guiding principles and policies relating to housing, natural resources, safety and community design.

North Entry Area Plan (NEAP)
The Healdsburg 2030 General Plan identifies the northern entry to Healdsburg as an area warranting special study in recognition of its importance both as an attractive gateway into the City and an area of transition from the rural landscape of the Alexander Valley to the more urban core of downtown Healdsburg. In May 2019, the City Council adopted the NEAP to provide specific policies and regulations to guide development on a 32-acre parcel of land located on the west side of Healdsburg

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Packet Pg. 152 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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Avenue at the north entry to Healdsburg (i.e., the North Village project site). Attachment 12 presents a table that identifies relevant guiding principles and policies from the NEAP that relate to Land Use, Design, Circulation and Open Space, and Utilities. The table provides an evaluation of the project's consistency with these planning policies. As summarized in the table, the amended project is consistent with all of the applicable requirements of the NEAP.

Land Use Code
The Land Use Code contains regulations to implement the policies of the Healdsburg 2030 General Plan, including the NEAP. Applicable Land Use Code regulations for the project include provisions relating to permitted and conditionally permitted uses; specific development standards for lands within the Mixed Use District and within the NEAP Overlay; and general development standards for parking, landscaping, and refuse and recycling areas. Consistency of the project with Land Use Code requirements is addressed in Attachment 13, and the project, as amended, is consistent with applicable Land Use Code provisions.

DISCUSSION/ANALYSIS:

Modifications to Affordability Requirements (4th DA Amendment) The following tables summarizes the existing unit count and affordability mix for the North Village Project as established by the North Village DA and the modifications proposed in the 4th DA Amendment.

NORTH VILLAGE - APPROVED HOUSING AFFORDABILITY MIX
Affordability AMI Parcel 4 Parcel 2 Enso
Village
TOTAL
Very Low and Low 50 - 80% 15 15 30
Moderate 80 -120% 24 15 15 54
Middle 120 -160% 26 26
TOTAL UNITS 50 30 30 110
Note: Enso originally had 20 Very Low and 10 Moderate units. This was modified by the 1st DA Amendment to 10 Very Low, 5 Low and 15 Moderate units (June 2022)

NORTH VILLAGE - PROPOSED HOUSING AFFORDABILITY MIX
Affordability AMI Parcel 4 Parcel 2 Enso
Village
TOTAL
Very Low and Low 50 - 80% 40 15 55
Moderate 80 -120% 13 15 28
Middle 120 -160% 24 24
TOTAL UNITS 53 24 30 107

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Packet Pg. 153 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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The proposed 4th DA Amendment deepens the affordability levels for the North Village project by increasing the number of Low- and Very Low-Income units and decreasing the number of ModerateIncome Units. The number of Middle-Income units (i.e., the Category C units) is decreased from 26 to 24 and, overall, the sitewide number of units would decrease by 3 units.

At the February 28th Planning Commission hearing, representatives from Comstock and Burbank will be present to discuss why they are requesting the 4th DA Amendment and to respond to questions. As background, it is noted that in 2020, Comstock and Burbank teamed up to develop the Affordable/Workforce Housing on Parcel 2. Burbank applied for tax credit financing for a 36-unit affordable housing project on Parcel 2 and was unsuccessful. In 2021, Burbank applied for tax credit financing for a 53-unit affordable housing project on Parcel 4 with a mix that included moderate-income units. That application was also unsuccessful. Burbank and Comstock are now seeking to fund the project through the issuance of tax-exempt revenue bonds through the California Municipal Finance Authority (CFMA) Joint Powers Authority. They are seeking flexibility in the number of units in each affordability category in order so that the mix can be tailored to revenue requirements and market conditions.

The City of Healdsburg's draft Housing Element Update (6th Cycle) presents a strategy for addressing the City's Regional Housing Needs Allocation (RHNA) which incorporates assumed North Village Project development at the approved affordability levels. The strategy is presented in the following table:

As shown, the RHNA identifies the greatest unmet housing needs as in the Very Low, Low-, and Above Moderate-Income categories all of which would be addressed by proposed housing on Parcels 2 and 4 of the North Village Project and the modifications included in the 4th DA Amendment. The initial blend of housing for North Village, which skewed towards Moderate- and Middle-Income housing, was attractive to the City because housing at those affordability levels is more challenging to finance than Low- and Very-Low income housing. As it turns out, the financing challenges- which are exacerbated

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Packet Pg. 154 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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by rising interest rates, inflation and supply chain issues- are precisely what is driving the applicants' proposed modifications to the affordability levels prescribed in the DA.

Modifications to Shared Parking Plan (Master CUP Amendment) The applicants propose to modify the sitewide Shared Parking Plan for the North Village Project. This plan has been modified a number of times as site-specific entitlements have been granted. Currently, the Shared Parking Plan provides for a total of 583 parking spaces across the North Village site. Of these, 465 spaces are assigned to specific uses and the remaining 118 are shared parking spaces.

The proposed modifications to the Shared Parking Plan are shown in the following table:

NORTH VILLAGE - APPROVED SHARED PARKING
Enso Parcel 2 Hotel Parcel 4 TOTAL
On-Site/reserved 238 39 124 64 465
Shared 33 16 69 118
TOTAL SPACES 271 55 124 133 583

NORTH VILLAGE - PROPOSED SHARED PARKING
Enso Parcel 2 Hotel Parcel 4 TOTAL
On-Site/reserved 238 48 106 85 477
Shared 33 10 4 49 100
TOTAL SPACES 271 58 110 130 573
The modified Shared Parking Plan reflects a 10-space decrease in the overall number of parking spaces sitewide. The reduction in spaces is due to the following:
 Additional parking spaces have been added for people with disabilities. These are wider spaces and reduce the overall number of spaces.
 The solid waste storage area in the east parking lot and its access has resulted in the loss of spaces.

The modified Shared Parking Plan also reallocates spaces among the uses in order to increase the number of reserved parking spaces for residential uses on Parcel 4. Attachment 14 presents a diagram of the proposed Shared Parking Plan that illustrates the layout and modified assignment of parking spaces on the North Village Site.

Walker Consultants evaluated these changes in the context of the sitewide parking demands during peak periods (Attachment 15). The projected peak sitewide parking demand for the entire site during a typical peak parking condition is for 539 spaces. This need is below the 573 parking spaces available sitewide, with a surplus of 34 parking spaces remaining. Representatives from Walker Consultants will attend the Planning Commission's February 28, 2023 hearing to explain their analysis and respond to questions.

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Packet Pg. 155 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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Each of the uses at North Village has a Transportation Demand Management Plan ("TDM Plan") that identifies measures to reduce vehicle trips and parking demands. The TDM Plans for the Mixed Use Project and the Hotel, which were incorporated into the project approvals for both projects, are presented in Attachment 16 and Attachment 17. The demand reduction measures are presented in tables at the end of each document. These TDM Plans (and the Enso Village TDM Plan) identify transportation and mobility strategies that will provide residents, visitors and employees with access to multiple transportation options and viable alternatives to driving alone.

The TDM Plans for the North Village Hotel and the Enso Village senior living community include provision of a shuttle service to and from downtown Healdsburg that would be made available to residents, visitors and employees of the Mixed Use Project. The TDM Plan for Parcel 4 notes:
"The future management of the mixed-use development may also consider contributing funding to the operation of the shuttles and/or adding a third shuttle vehicle to increase frequency of operation and opportunities for everyone in the development. Frequent shuttle service and extended hours of operation throughout the day and the week, from morning to evening, provide a reliable and dependable service option that can significantly reduce the need of residents, visitors and employees to drive their own vehicle, as they will have an alternative means of getting around and access work, medical, social, grocery shopping and recreational opportunities in Downtown Healdsburg." In addition to the shuttles, direct access to Sonoma County Transit Route 60 service will be provided at bus stops located on either side of Healdsburg Avenue at the North Village project entry.

Conditions of the previously approved Design Review and Conditional Use Permits for the Hotel and for the Mixed Use Project require submittal of a parking signage plan for City review, implementation of the TDM Plan, and submittal of annual monitoring reports to provide a process whereby adaptive measures can be required if mobility and shared parking objectives are not met.

Changes to Parcel 4 Design Features (Design Review/CUP Amendments) The Planning Commission granted a Design Review Permit (DR 2021-07) and Conditional Use Permit (CUP 2021-04) for the Mixed Use Project in May 2021. Burbank has requested amendments to those permits to address proposed design modifications to the buildings, the facades, the landscape plan and site amenities. Sheet A0.10 of the Parcel 4 DR Plan Set (Attachment 9) provides a table that summarizes the proposed modifications.

As discussed above, the applicant proposes to eliminate the five live-work units and, instead of constructing 45 multi-family apartment units to construct 53 apartment units for a net gain of three units on Parcel 4. The retail square footage would be slightly reduced and the floor area of the residential uses would be slightly increased as would the site coverage. As explained in Attachment 12, NEAP Consistency Analysis, all of these changes are consistent with the NEAP. Proposed changes also include an increase in dedicated on-site parking for residents and a corresponding decrease in shared parking as discussed above.

As explained in the Parcel 4 DR-CUP Amendment Narrative (Attachment 7), the primary changes are the addition of a third story on the easterly portion of Building 14 (the easternmost building), elimination of most of the balconies on the second and third stories of all three buildings, and establishment of additional ground level common open space amenities.

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Packet Pg. 156 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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Starting on Sheet A3.11 of Attachment 9 (Plan Set), the applicant has provided comparisons of the approved and proposed facades. The modified buildings retain the fundamental design features of the approved project - the form is substantially the same and the materials continue to include standing seam metal roofs, vertical painted wood siding, horizontal painted wood siding, and natural stone. The most notable changes are to the fenestration (windows) and the elimination of the continuous balconies along the second and third stories.

As shown on Sheets A3.11 and A3.13, the street level facades of the two buildings on Boxheart Drive are fairly similar to what was approved, however, the decorative metal trellis with flowering evergreen clematis vines at the Boxheart Drive entry to the breezeway between the two mixed use buildings that connects to the Promenade is now eliminated. This feature was added in response to Planning Commission comments pertaining to connectivity during the initial Design Review and was intended to help accentuate the walkway and draw pedestrians to the Promenade. A condition is recommended to reinstate this feature.

Other substantive changes are shown on Sheet A3.15. The ground floor of Building 14, Elevation 1 - which fronts on the Promenade is revised to eliminate the storefront windows and doors, because these are now residential units rather than live-work units.

Building 14, Elevation 2, shows the third story that would be added on the northeast wing of the building.

The east elevation of Building 14 will be the most visible elevation from Healdsburg Avenue. The additional massing resulting from the third story is not significant. The stone base on the east and northeast elevations of this building has been substantially reduced.

Usable open space. HMC Section 20.08.175(B) requires a minimum of 200 square feet of usable open space per dwelling unit, unless the requirement is reduced or waived by the Planning Commission in consideration of open space or recreational facilities that are available within reasonable proximity. HMC Section 20.20.15 establishes that required open spaces may be either common or private open space and that each square foot of private open space shall be considered the equivalent of two square feet of common open space and may be so substituted.

Sheet A0.10 tallies up the proposed open space for residential uses on Parcel 4. As shown, a total of 17,885 square feet of open space would be provided which exceeds the amount required. Sheet A1.00 shows the primary Open Areas on the site and Sheet L1.10 shows the Preliminary Landscape Plan for the project. The Promenade now has intermittent container plantings/green screens in front of the doorways of the ground floor units in Building 14 to create a private zone in front of the doorways.

Benches, shade trees, water features, and paseo lighting are retained within the Promenade. A children's play area is tucked into the open space on the east side of Building 14. Sheet L2.00 shows representative images of the proposed play equipment. Picnic tables and BBQ facilities are located along the north side of the playground adjacent to the Community Room.

In addition to the onsite open space, the Perimeter Trail provides linear access through the open space along the north and west perimeters of the North Village project and the Foss Creek Pathway extension along the site's eastern boundary will provide bicycle and pedestrian access to downtown Healdsburg and beyond. Lastly, the site is across the street from a planned 36-acre community park on the east side of Healdsburg Avenue.

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Packet Pg. 157 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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Refuse storage area. Attachment 9, Sheet A3.17 includes plans for the trash enclosure that will be located in the parking lot on Parcel 4. The materials and design are simple, unobtrusive and consistent with the design of the Mixed Use Project, as amended.

Compliance with Water Efficient Landscape Ordinance. Land Use Code Section 20.16.105 establishes the City's water-efficient landscaping requirements. It is intended to implement a "whole systems approach to design, construction, installation and maintenance of the landscape resulting in water-conserving climate-appropriate landscapes." Compliance with this objective is especially important given the increasing frequency of drought-related water shortages in the region.

Sheet L1.10 presents updated Water Efficient Landscape Calculations for the amended Mixed Use Project. The calculations indicate that the entire landscape area (4,353 SF) is estimated to use 44,320 gallons of water per year. This is substantially less than the previously estimated 162,388 gallons per year and results primarily from the reduction of irrigated lawn area.

Parcel 4 Tentative Map (TM 2022-07)
The Tentative Map defines three airspace parcels and a common area parcel. The subdivision is necessary to facilitate the transfer of ownership of the residential development to Burbank. The Tentative Map will not require subdivision improvement plans because construction of such improvements is covered either by the MCUP improvements or the individual on-site building permits.

The Tentative Map has been reviewed by the City's Principal Engineer and was found to be compliant with all City requirements. Because this is a minor subdivision establishing five or fewer parcels, the Planning Commission has approval authority for the Tentative Map. The Final Map requires approval by the City Council.

It is noted that Comstock has submitted an application for a Lot Line Adjustment (LLA) to transfer the portion of Parcel 4 that lies between the NCRA railroad tracks and Healdsburg Avenue to Parcel 3 (the Hotel parcel). This is proposed as the Hotel owner will be the managing entity for implementation of the sitewide HOA. The LLA will not affect the parcelization of the three airspace parcels on the Tentative Map.

FINDINGS & RECOMMENDATION REGARDING 4TH DA AMENDMENT
Development Agreement Findings
A. The Development Agreement and its Fourth Amendment are consistent with the Healdsburg 2030 General Plan, the North Entry Area Plan, and the Land Use Code. The City Council made findings of consistency in its action to adopt Ordinance No. 1202, approving the Development Agreement, and the Fourth Amendment does not modify the Development Agreement in any way that would conflict with the goals and policies of the Healdsburg 2030 General Plan and the North Entry Area Plan, and requirements of the City's Land Use Code.

B. The Development Agreement and its Fourth Amendment will provide Healdsburg with tangible benefits including: 107 units of Affordable and Middle Income Housing; a $2,000,000 contribution for construction of a Fire Substation; contribution of $250,000 to the City for connectivity improvements; annual payments to the City of approximately $334,000 per year from the Senior

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Packet Pg. 158 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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Living Community for lost tax revenue and increased demands for services; remittance of a 1/2% Hotel Add-On Fee (beginning 10 years after issuance of a certificate of occupancy for the hotel); and other improvements.

C. Any environmental impacts related to the Development Agreement have been reviewed and considered in accordance with the provisions of the California Environmental Quality Act. On May 20, 2019, the City Council certified the Final Environmental Impact Report ("EIR") for the North Entry Area Plan (State Clearinghouse No. 2018062041) and adopted related findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations which can be found in the Planning Department’s files for the North Village Project at 401 Grove Street, Healdsburg, CA 95448. In accordance with the California Environment Quality Act (CEQA) Guidelines Section 15162, no further environmental review is required for the Fourth Amendment because (i) there are no changes involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, (ii) there are no changes with respect to the circumstances under which the project is taken which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, and (iii) there is no new information of substantial importance that was not known at the time the EIR was certified which shows (a) the project will have one or more significant effects not discussed in the EIR, (b) significant impacts/effects will be substantially more severe than shown in the EIR, (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects/impacts, or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects/impacts on the environment.

Staff Recommendation: Attachment 1 presents a draft Planning Commission resolution recommending that the City Council adopt an ordinance approving the 4th DA Amendment (DA 2020-01.04) based on the findings cited above.

FINDINGS & RECOMMENDATION REGARDING MASTER CUP AMENDMENT Master Conditional Use Permit Findings
A. The proposed location and operation of the conditional use is in accord with the Healdsburg General Plan, any applicable planned development, specific or area plan.

The North Village Project site is designated Mixed Use (MU) in the Healdsburg General Plan and assigned the NEAP Overlay by the Land Use Code. The use and density for development of each parcel on the North Village Site were established in Master Conditional Use Permit CUP 2019-04.

The proposed modifications to the number of multi-family apartments would be consistent with the intent of the MU land use designation and the NEAP Overlay district as detailed in Attachment 11 and Attachment 12. The proposed mix of uses and internal arrangement of uses would continue to be consistent with the vision for a mixed use neighborhood established in the NEAP.

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Packet Pg. 159 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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B. The proposed location and operation of the conditional use is consistent with the applicable development standards of the Land Use Code.

The location of the subject property is in MU district and the operation of the mix of uses permitted by CUP 2019-04, as modified by the proposed amendment, would continue to be consistent with the development standards established for the MU District in the Land Use Code. Attachment 13 presents a detailed consistency analysis for applicable Land Use Code provisions and the Project, as amended by CUP 2019-04.02 would remain consistent.

C. The proposed location of the conditional use and the conditions under which it would be operated and maintained will not be detrimental to public health and safety or materially injurious to uses, properties or improvements in the vicinity.

The location of the North Village Project site is in the MU District, surrounded by undeveloped land to the north, vacant land and the Simi Winery to the south, Healdsburg Avenue and the Montage Healdsburg development to the east, and the U.S. 101 corridor to the west. Prior project approvals determined that the Project will not result in or create a detrimental condition on the property, property vicinity or within the community. The proposed amendments would not alter that determination. The proposed amendment to the Shared Parking Plan was evaluated by Walker Consultants, the consultants who prepared the Shared Parking Study for the North Village Project, who determined that the reduction in the number of parking spaces would continue to meet the Project's peak parking demands.

Staff Recommendation: Attachment 2 presents a draft Planning Commission resolution for approval of the Master Conditional Use Permit Amendment (CUP 2019-04.02). The resolution includes the findings cited above, plus existing and proposed modified Conditions of Approval.

FINDINGS & RECOMMENDATION REGARDING DESIGN REVIEW/CUP AMENDMENT Design Review Permit Findings
Pursuant to Land Use Code section 20.28.125, the Planning Commission is required to make the following five findings in order to approve a Major Design Review Permit. Suggested language to support each finding is shown in italicized text below each finding:

A. The proposed development or use is consistent with all applicable policies and requirements of the General Plan and Land Use Code.

The proposed North Village Mixed Use project is a commercial use type that is permitted within the Mixed Use "MU" land use classification in the Healdsburg 2030 General Plan. Prior approvals of the Master Conditional Use Permit (CUP 2019-04) and the Development Agreement (DA 2020-01) for the North Village Project determined that the mix of uses and densities proposed for the North Village are consistent with the General Plan. The North Village Project advances General Plan policies encouraging development of a variety of housing types to address housing needs in the community, including affordable housing. The Project is also consistent with General Plan policies encouraging mixed use development. The Project is consistent with the vision, guiding principles, policies and guidelines of the North Entry Area Plan ("NEAP") which was adopted as an amendment to the Healdsburg 2030 General Plan. The Project complies with the requirements of the Mixed Use "MU"

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Packet Pg. 160 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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zoning classification and the North Entry Area Plan "NEAP" Overlay as established in the Land Use Code (Healdsburg Municipal Code, Title 20) as discussed in detail in the staff report and Attachment 11 and Attachment 12 for the February 28, 2023, Planning Commission hearing for DR 2021-07.01 and CUP 2021-04.01.

B. The proposed design of the development or use, and all appurtenant structures, is consistent with the policies set forth in the Citywide Design Guidelines, as may be amended from time to time.

Although the Citywide Design Guidelines are applicable to all projects subject to Major and Minor design review, they are only mandatory within “Character Area 1.” In areas subject to a specific Area Plan, such as the NEAP, the Area Plan provides design guidelines and standards, and the Citywide Design Guidelines are only used to provide additional information about topics not addressed within the Area Plan. The North Village site is located within the planning area for the NEAP, which establishes comprehensive design standards for development. Therefore, the project design was evaluated for consistency with the design guidelines established in the NEAP. See discussion below for Finding E.

C. The proposed development or use is consistent with the purposes of the zoning district in which it is located.

The North Village Project includes a mix of uses that was determined to be consistent with the special purposes of the MU District and the NEAP Overlay when the Planning Commission granted the Master Conditional Use Permit (CUP 2019-04) for the North Village Project on February 11, 2020.

The Mixed Use Project includes "residential uses as part of a mixed use development which is a use type that require a site-specific conditional use permit. The amendment to Major Conditional Use Permit (CUP 2021-04.01) has been considered in conjunction with the Major Design Review Permit Amendment (DR 2021-07.01). The proposed residential and retail uses are generally consistent with the zoning district, and as conditioned, the Project is consistent with the zoning district’s specific requirements.

D. The proposed development or use is consistent with all other conditions imposed by the Planning Commission or City Council with respect to any matter related to the purpose of design review.

The proposed North Village Mixed Use Project, as amended, is consistent with the NEAP, the Master Conditional Use Permit for the North Village Project, as amended, (CUP 2019-04.02), and the North Village Development Agreement, as amended (DA 2020-01.04). All applicable conditions associated with the Master Conditional Use Permit are incorporated into this approval. The Mixed Use Project is also required to comply with all applicable mitigations of the Final Environmental Impact Report for the North Entry Area Plan (NEAP FEIR) and the NEAP FEIR Addendum, as presented in the adopted Mitigation Monitoring and Reporting Program (NEAP MMRP).

E. For proposed developments or uses in the North Entry Area Plan Overlay, the design of the development or use, and all appurtenant structures, is consistent with the goals, policies, objectives and design guidelines set forth in the North Entry Area Plan, as adopted by the Healdsburg City Council on May 20, 2019, as may be amended from time to time.

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Packet Pg. 161 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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As detailed in the staff report and Attachment 12 for Design Review Amendment DR 2021-07.01 (NEAP Consistency Analysis), the amended Mixed Use Project is consistent with the Guiding Principles, Land Use & Development Standards, and Design Guidelines established in the NEAP.

Conditional Use Permit Findings
Pursuant to Land Use Code Section 20.28.165, the Planning Commission is required to make the following findings in order to approve a conditional use permit. Suggested language to support each finding is shown in italicized text below each finding:

A. The proposed location and operation of the conditional use is in accord with the Healdsburg general plan and any applicable planned development, specific or area plan.

The entire North Village Project site is designated Mixed Use (MU) in the Healdsburg General Plan and is subject to the policies and guidelines of the North Entry Area Plan (NEAP). As detailed in the staff report for Design Review Amendment DR 2021-07.01 and Attachment 11 (Healdsburg 2030 General Plan Consistency Analysis) and Attachment 12 (NEAP Consistency Analysis), the amended North Village Mixed Use Project is consistent with the Healdsburg 2030 General Plan and the NEAP.

B. The proposed location and operation of the conditional use is consistent with the applicable development standards of this Land Use Code.

The residential uses in the North Village Mixed Use Project include multi-family residences which require a site-specific conditional use permit. Both the use type and the project location are consistent with the Mixed Use (MU) District and the North Entry Area Plan (NEAP) Overlay as established in the Land Use Code. As detailed in the staff report Design Review Amendment DR 2021-07.01 and Attachment 13 (Land Use Code Consistency Analysis), the amended Mixed Use Project complies with the applicable development standards of the Land Use Code.

The location of the North Village Mixed Use Project site is in a Mixed Use (MU) District, surrounded by lands within the North Village Project site to the north, west and south and the NCRA railroad right-of-way, Healdsburg Avenue and the Montage Healdsburg development to the east. The NEAP EIR determined that the North Village Project as a whole would not significantly impact properties or improvements in the immediate vicinity of the site. The NEAP Final EIR and the NEAP MMRP include mitigation measures to ensure that construction-related activities do not result in impacts to nearby properties and/or uses. Based on the analysis in the NEAP EIR and its required mitigation measures, the proposed North Village Mixed Use Project will not result in or create a detrimental condition on the property, property vicinity or within the community.

Staff Recommendation: Attachment 3 presents a draft Planning Commission resolution for approval of the Design Review and Conditional Use Permit Amendments (DR 2021-07.01/CUP 2021-04.01). The resolution includes the findings cited above, plus existing and proposed new Conditions of Approval.

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Packet Pg. 162 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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FINDINGS & RECOMMENDATION REGARDING TENTATIVE MAP
Tentative Map Findings
Per HMC Section 17.04.100(B), the following six findings must be made prior to approval of a Tentative Map. The italicized text provides evidence of the consistency of the proposed Tentative Map with each finding.

A. The proposed map and its design and improvements are consistent with the general plan and any applicable specific plan.

The proposed Tentative Map (TM 2022-07) establishes three airspace parcels that are consistent with the intent of the Mixed Use land use classification in the General Plan and the North Entry Area Plan.

The parcels will allow for the separate ownership of retail and residential components in the Mixed Use Project. Attachment 11 and Attachment 12 provide a detailed analysis of the Project's consistency with the Healdsburg 2030 General Plan and the North Entry Area Plan, respectively.

B. The site is physically suitable for the type and proposed density of development.

The Project site is generally level and is accessed by Boxheart Drive and Dovetail Lane. It is designated for Mixed Use development and the proposed project is consistent with the General Plan, the North Entry Area Plan and prior entitlements for the North Village Project.

C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The proposed Project would have no impact on fish or wildlife or their habitat. The project will be required to comply with all relevant mitigation measures of the Mitigation Monitoring and Reporting Program for the North Entry Area Plan EIR.

D. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

The North Entry Area Plan EIR and the EIR Addendum evaluate potential impacts to public health including air quality impacts, noise impacts, hazards and hazardous materials, and wildfire. These analyses concluded that the North Village Project will not result in public health hazards.

E. The design of the subdivision and 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.

There are no easements for public access through or use of the project site. The North Entry Area Plan and its associated entitlements identifies a perimeter trail corridor for future public access that traverses the property. The design of the Tentative Map and associated site improvements will not conflict with the future trail corridors.

F. Unless otherwise provided by the Subdivision Map Act, the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

The design of the subdivision provides for solar access and allows for passive or natural heating and cooling opportunities.

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Packet Pg. 163 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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Staff Recommendation: Attachment 4 presents a draft Planning Commission resolution for approval of the Tentative Subdivision Map (TM 2022-02). The resolution includes the findings cited above, plus suggested Conditions of Approval that must be satisfied prior to approval and recordation of the Final Map.

ALTERNATIVES:

The Planning Commission may consider the following alternative actions to any of the above recommendations:

Alternative 1 – Approve Resolution with modifications based on changes identified at the Planning Commission hearing.

Alternative 2 – Continue action on the applications in order for the applicant to address Planning Commission concerns and require that matter be brought back to the Planning Commission for future action. This would likely require noticing of a future public hearing.

Alternative 3 – Continue action on the applications and provide direction to staff to prepare a resolution for denial based on inconsistencies with applicable City regulations or policies. This would require noticing of a future public hearing.

ENVIRONMENTAL ANALYSIS:

During the NEAP planning process, an Environmental Impact Report ("NEAP EIR") was prepared to analyze the potential project and cumulative environmental impacts associated with future development under the NEAP (State Clearinghouse No. 2018062041). The NEAP EIR found that, with the implementation of mitigation measures identified in the EIR, all significant impacts could be reduced to a less than significant level except for the traffic impacts and safety hazards at the U.S. 101/Dry Creek Road intersection and the Dry Creek Road/Grove Street intersection. These impacts were identified as significant unavoidable adverse impacts and pursuant to CEQA Guidelines section 15083, a Statement of Overriding Considerations was adopted as part of the City Council resolution certifying the NEAP EIR. On May 20, 2019, the City Council certified the NEAP EIR and adopted a Mitigation Monitoring and Reporting Program ("NEAP MMRP") to ensure that mitigation measures identified in the EIR are implemented.

Review of the MCUP application for the North Village project involved preparation of an Environmental Checklist in order to determine whether and to what extent the NEAP EIR remained sufficient to address the potential impacts of the project. The analysis included updated traffic modeling and greenhouse gas emissions analysis to account for the specific uses proposed. An Addendum to the NEAP EIR was prepared, pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15164, to document the City’s review of the North Village project. As explained in the Addendum, the City determined that the North Village Project did not warrant preparation of a new subsequent or supplemental EIR as it involved no new significant environmental effects and would not result in a substantial increase in the severity of previously identified significant effects.

For the 4th DA Amendment, Master CUP Amendment, Parcel 4 Design Review/Conditional Use Permit Amendments and the Parcel 4 Tentative Map, all of which are components of the North Village Project,

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Packet Pg. 164 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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the City has identified the following applicable CEQA streamlining and/or tiering code sections, each of which, separately and independently, provides a basis for the project’s CEQA compliance:

A. A Community Plan Exemption, pursuant to Public Resources Code section 21083.3 and CEQA Guidelines section 15183;
B. Reliance on the NEAP EIR as a Program EIR, pursuant to CEQA Guidelines section 15168.

Based on an examination of the analysis, findings, and conclusions of the NEAP EIR and Addendum, the potential impacts of the proposed North Village Project remain within the impacts previously analyzed and disclosed in the NEAP EIR and its Addendum. Moreover, none of the circumstances described in CEQA Guidelines section 15162 that require subsequent or supplemental environmental review have occurred. Therefore, per CEQA Guidelines sections 15162, 15164, and 15183 no further analysis is required under CEQA before taking action on the 4th DA Amendment, Master CUP Amendment, Parcel Design Review/Conditional Use Permit Amendment and Parcel 4 Tentative Map for the North Village Project.

FISCAL INFORMATION:

The North Village Project is a privately funded development. The project will generate property and sales tax revenues which will help to offset the City's costs of providing services to the project.

ATTACHMENTS:

1. PC Reso 2023-xx, 4th DA Amendment (DA 2020-01.04)

2. PC Reso 2023-xx, MCUP Amendment (CUP 2019-04.02)

3. PC Reso 2023-xx, Parcel 4 DR/CUP Amendment (DR 2021-07.01/CUP 2021-04.01)

4. PC Reso 2023-xx, Parcel 4 Tentative Map (TM 2022-07)

5. Site Vicinity Map

6. MCUP Amendment Narrative

7. Parcel 4 DR/CUP Amendment Narrative

8. North Village - 4th DA Amendment

9. Parcel 4 DR Amendment Plan Set (12-22-22)

10. Parcel 4 Tentative Map

11. Healdsburg General Plan 2030 Consistency Analysis

12. North Entry Area Plan Consistency Analysis

13. Land Use Code Consistency Analysis

14. Shared Parking Diagram (01-12-23)

15. Walker Consultants Shared Parking Memo (01-12-23)

16. North Village Mixed Use TDM Plan (12-23-20)

17. North Village Hotel TDM Plan (12-23-20)
In addition to the Attachments attached to this report, additional background documentation for the North Village project includes the following documents which are available on the City's website at:
https://www.ci.healdsburg.ca.us/842/North-Entry-Area-Plan:
 North Entry Area Plan Draft EIR & Appendices (11/30/18)

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Packet Pg. 165 Attachment: 3. PC Staff Report (3982 : North Village DA 4th Amendment) Planning Commission Hearing - February 28, 2023 - North Village Project DA 2020-01.04, CUP 2019-04.02, DR 2021-07.01, CUP 2021-04.01, TM 2022-07

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 North Entry Area Plan Final EIR & Appendix A (04/09/19)  North Entry Area Plan Mitigation Monitoring & Reporting Program (02/11/20)  North Entry Area Plan Addendum (02/04/20)
 North Village Development Agreement
 1st Amendment to the Development Agreement
 2nd Amendment to the Development Agreement
 3rd Amendment to the Development Agreement
The following technical documents relating to the North Village project are available for review at the City of Healdsburg Community Development Center, 401 Grove Street, Healdsburg, CA during normal business hours:
 Vegetation Management Plan (April 5, 2021)
 Geotechnical Report (May 2020)
 Master Hydrology Report (April 2020)
 Fire Flow Analysis Reports (September 2019, April 2020)  Parcel 4 Stormwater Low Impact Development Report (December 14, 2022)  Preliminary Title Report (December 12, 2022)
 Reciprocal Easement Agreement (August 20, 2020)

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MINUTES - DRAFT
Healdsburg Planning Commission
February 28, 2023 6:00 PM
401 Grove Street, Healdsburg
City Hall - City Council Chamber

1. ROLL CALL
Chair Luks called to order the meeting of the Planning Commission of the City of Healdsburg at 6:00 p.m.

Commissioners present: Barber, Breznikar, Luks, McKay, Wood Commissioners present via Zoom: Gerlach, Hunt
City Staff present: Community Development Director Scott Duiven, Planning Consultant Linda Ruffing, and Administrative Technician Amanda Gray

2. ADMINISTRATIVE ACTIONS
A. Approval of March 14, 2023 Agenda
On a motion by Commissioner Breznikar, seconded by Commissioner Barber, the Commission voted 7-0-0 to approve the February 28, 2023 agenda as amended to hear Agenda Item 5A – Election of Officer, prior to Agenda Item 4A.

B. Approval of Minutes
• February 28, 2023 Regular Meeting Minutes
On a motion by Commissioner Barber, seconded by Commissioner Wood, the Commission voted 7-0-0 to approve the February 14, 2023 regular meeting minutes.

C. Acceptance of Communications and Correspondence
Agenda Item No. 4B:
• Kathryn Goldman Schuyler
• Lynne Murphy
• Margaret Kaplan • David Lawrence
D. Declarations of Conflicts of Interest
Commission Hunt declared a conflict with Agenda Item 4A, Saggio Hills.

E. Disclosures of Ex Parte Communications
None.

3. PUBLIC COMMENTS
Adina Flores, spoke regarding Mayor Ariel Kelley, and shared her concerns with her seat on the Healdsburg City Council and her desire to have her removed from office.

Shelby Pryor, spoke regarding Mayor Ariel Kelley and shared his concerns with her seat on the Healdsburg City Council and her conflicts of interests.

5. NEW BUSINESS
A. Election of Officer
On a nomination by Commissioner McKay, seconded by Commissioner Barber, the Commission voted 7-0-0 to appoint Vesna Breznikar to the position of Vice Chair.

4. PUBLIC HEARINGS
Commissioner Hunt left the meeting prior to Agenda Item 4A.

A. Item
Description: Development Agreement (DA 2023-01)
Agenda Item No. 2B 7.A.d
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Project
Description: Development Agreement between City of Healdsburg and Freebird Development Company, LLC to vest the existing project approvals for a 118-unit affordable housing project for up to ten (10) years. Planning Commission will consider making a recommendation to City Council on Development Agreement.

Location: 450 Parkland Farms Boulevard (Parcels 5 and 6 of the Saggio Hills project) Applicant: Freebird Development Company, LLC
Environmental
Determination: An affordable housing project of up to 150 units on the project site was addressed at a programmatic level in the certified Final Environmental Impact Report ("FEIR") for the Saggio Hills Development Project (SCH #2003062025). An Addendum to the FEIR ("Addendum") was prepared for the Saggio Hills Affordable Housing Project. The FEIR and Addendum are available for review at the City of Healdsburg Community Development Center, 401 Grove Street, Healdsburg, CA.

Planning Consultant, Linda Ruffing, introduced the item and summarized the staff report. Ms.

Ruffing provided a project overview and discussed the site plan, Tentative Subdivision Map, Development Agreement, environmental review, and the recommended action.

Commission and staff discussion ensued regarding questions on the number, shape, color schemes and height of buildings, parking, timeline for decision on whether there will be lower income rental units versus moderate income home ownership units, Development Agreement and the Disposition and Development Agreement, transfer of land, and open space/trail network maintenance and responsibility.

Chair Luks opened the hearing for public input. There being no speakers, Chair Luks closed the public input portion of the meeting.

Chair Luks discussed the Development Agreement and a provision that is included that grants the developer the exclusive right to change the phasing on the project development. He said that he feels the City should have a say in any changes and is the appropriate entity to decide which of the phases go forward. He requested that Section 4.8 of the Development Agreement (Timing of Development) be eliminated.

Vice Chair Breznikar spoke in support of the project.

On a motion by Commissioner McKay, seconded by Vice Chair Breznikar, the Commission voted 6-0-1-0 (Hunt abstained) to adopt Resolution No. 2023-03 recommending that the Healdsburg City Council approve the proposed Development Agreement by and between the City of Healdsburg and Freebird Development Company, LLC (DA 2023-01) with the elimination of Section 4.8 – Timing of Development.

B. Item
Description: DA 2020-01.04 (North Village Development Agreement amendment); CUP 2019-04.02 (North Village Master Conditional Use Permit amendment); DR 2021-07.01, CUP 2021-04.01 (Parcel 4 Design Review and Conditional Use Permit amendments); TM 2022-07 (Parcel 4 Tentative Map)

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Project
Description: The project applicants are seeking approval of (a) amendments to the North Village Development Agreement and Master Conditional Use Permit to modify the affordability levels for residential uses on Parcels 2 and 4, and to modify the shared parking plan, (b) amendments to the Major Design Review and Conditional Use Permit for the mixed-use retail and residential development on Parcel 4 to address changes to the facades, building footprints, and landscaping, and (c) tentative map to establish a common parcel and three airspace parcels on Parcel 4.

Location: Parcel 2: 201 Dovetail Lane
Parcel 4: 1830 Boxheart Drive; 1840 Boxheart Drive; 70 Dovetail Lane; 80 Dovetail Lane
Hotel: 101 Dovetail Lane
Enso Village: 1801 Boxheart Drive
Applicant: Comstock Healdsburg, LLC (DA 2022-01.04; CUP 2019-04.02; TM 2022-07) Burbank Housing Development Corporation (DR 2021-07.01; CUP 2021-

04.01)
Environmental
Determination: On May 20, 2019, the Healdsburg City Council certified the Final Environmental Impact Report (FEIR) for the North Entry Area Plan (SCH# 2018062041) and adopted related findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations. An Environmental Checklist & Addendum to the FEIR were prepared for the Master Conditional Use Permit for the North Village Project (MCUP 2019- 04) that was approved by the Planning Commission on February 11, 2020; and the Development Agreement for the North Village Project (DA 2020-01) that was adopted by the City Council on April 6, 2020. In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), no further environmental review is required because the project components under consideration would not result in on-site, off-site or cumulatively significant effects on the environment that were not examined in the FEIR.

Planning Consultant, Linda Ruffing, introduced the item and summarized the staff report. Ms.

Ruffing provided a project overview and discussed the background, purpose of proposed amendments, affordability mix, sitewide affordable housing mix, proposed changes to unit mix, shared parking plan, sitewide parking demand, mobility services and TDM Plan, Parcel 4 design modifications, mixed use project rendering, Parcel 4 exterior modifications, modifications to building footprint, proposed landscaping plan, plant palette and furnishings, play equipment/materials, Tentative Map and findings, Development Agreement findings, Conditional Use Permit findings, Major Design Review findings, environmental review and the recommended actions.

Debra Geiler, Vice President of Entitlement and Forward Planning at Comstock Development Company, introduced the team of individuals that are present to answer any questions. Ms.

Geiler spoke regarding North Village Master Conditional Use Permit, Development Agreement and Amendments, project unit mix, and bond financing.

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Karen Massey, Senior Project Manager at Burbank Housing, provided a presentation and discussed project objectives, approved versus refined project, design refinements, refined elevations, refined site plan, parking, preliminary income and rent levels, and next steps/timeline.

Commissioner, staff and applicant discussion ensued regarding questions on the Foss Creek Pathway Plan and connectivity, North Entry Avenue Plan, entry feature, elevation of Building 14, façade, architecture, screening of tenants, Area Median Income, bond measure, commercial space retainment, Development Agreement, town homes being rented and sold, design of the promenade, lot split process, HOA management, privacy screening at the playground, trees and shading, terms under the Reciprocal Easement Agreement, missing middle housing, number of affordable housing units included, financing through the 501c3 and Parcel 2 net buildable area opportunities.

Chair Luks opened the hearing for public input.

Kathryn Goldman Schuyler, Palo Alto Ave., San Francisco, spoke as a future North Village Enso Village resident, and said she supports the presence of affordable housing that integrates lower income residents within a village with a sense of community but said she does not believe the currently proposed amendments do this and she explained why. She said she does not support the suggested amendments as they have been presented.

Tegan Wilson, 1205 Grove St., said she is a resident of Healdsburg Glen, an affordable housing/subsidized housing complex, and spoke in support of the project. She shared her experience living in the Healdsburg Glen complex and said that is has afforded her and other residents the opportunity to live and work in Healdsburg and she discussed the importance of that.

Dora Ortega, Healdsburg Glen Apartments, spoke on behalf of her community, and asked the Commission to consider and take into account the people that work at the hotels, restaurants and fields stating that these are low-income individuals, and it is not the same as middle income individuals and she explained why. She said that it is these people that help keep tourism high in Healdsburg and attract more visitors by their devoted and hard work at their places of business.

Calum Weeks, Policy Director for Generation Housing, thanked the Commission for their interest and advocacy for affordable housing and discussed the importance of this. He expressed his appreciation to the two prior speakers and said they touched on many important issues that he would encourage the Commission to amplify and take into consideration. He expressed his excitement for the Metropolitan Transportation Mission funding that was granted and discussed the different elements that help create a community and feels that this project design does that.

Cristal Lopez, Community Advocacy Coordinator for Corazon Healdsburg, thanked the City for providing interpretation services at this meeting, and said Corazon Healdsburg is in full support of this project. She discussed her concerns with parking, public transportation, the City not being walkable/ bikeable, housing prices and the AMI. She also said she is very happy that laundry hookups will be provided in each of the units.

Nick, Parkland Farms resident, spoke in favor of the project and said he hoped the Commission would approve it as presented. He provided a brief background on his family and shared his concerns with people being able to afford to live in Healdsburg, especially those

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who work here.

There being no further speakers, Chair Luks closed the public input portion of the hearing.

Commissioner Barber discussed the occupancy permit for the hotel and shared positive feedback on the ample bike storage, laundry hookups and the outdoor features that will be available.

Commissioner Wood spoke in support of the project and discussed the exterior façade changes.

Commissioner Hunt spoke in support of the project and recognized the challenges the applicants have had to address and how much work has gone into finding a solution. She discussed the waitlist for affordable housing units and the high demand and overwhelming need in Healdsburg. She also discussed the parking analysis, design, landscaping, and home ownership opportunities.

Commissioner McKay spoke in support of the project and discussed financing related to the preliminary income and rent levels spreadsheet presented and encouraged some type of additional articulation on Building 14, Elevation 2.

Commissioner Gerlach spoke in support of the project, and said he appreciated the work the applicants did to be aggressive in the bond market and discussed the significance of continuing to recognize the importance of public space and parking.

Vice Chair Breznikar spoke in support of the project and said that the applicants have been very thoughtful about the community that is going to live there. She shared positive feedback on laundry hook ups, bicycle storage, the promenade and praised the applicants for designing the extra parcels to be for sale units for middle income.

Chair Luks discussed the missing middle and said he is disappointed that this project is not going to make much of a dent in that. He said he is sensitive to the notion that this project is skewed towards the higher end of affordability and discussed the amount of affordable housing that will become available in Healdsburg through various project approvals. He also discussed home ownership verses rentals, Building 14 design and façade, and his concerns with parking.

Planning Consultant Ruffing said that the Resolution amending Major Design Review Permit (DR 2021-07.01) and Major Conditional Use Permit (CUP 2021-04.01) for the North Village Mixed Use Project (Parcel 4) could be amended to include language that says “with clarification that the permits will not become effective until the City Council adopts the Fourth Amendment to the Development Agreement.”
On a motion by Commissioner McKay, seconded by Vice Chair Breznikar, the Commission voted 7-0-0 to approve Resolution No. 2023-04 recommending that the Healdsburg City Council approve the proposed Fourth Amendment to the Development Agreement by and between the City of Healdsburg and CCS Healdsburg, LLC, for the North Village Project (DA 2020-01.04).

On a motion by Commissioner Wood, seconded by Vice Chair Breznikar, the Commission voted 7-0-0 to adopt Resolution No. 2023-05 modifying the Master Conditional Use Permit for the North Village Project (CUP 2019-04.02) to conform housing affordability levels to the

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Fourth Amendment to the DA and to authorize modifications to the sitewide Shared Parking Plan.

On a motion by Commissioner Breznikar, seconded by Commissioner Wood, the Commission voted 7-0-0 to adopt Resolution No. 2023-06 amending Major Design Review Permit (DR 2021-07.01) and Major Conditional Use Permit (CUP 2021-04.01) for the North Village Mixed Use Project (Parcel 4), based on the suggested findings and subject to the recommended conditions of approval, with clarification that the permits will not become effective until the City Council adopts the Fourth Amendment to the Development Agreement.

On a motion by Vice Chair Breznikar, seconded by Commissioner Barber, the Commission voted 7-0-0 to adopt Resolution No. 2023-07 approving a Tentative Map (TM 2022-07) for Parcel 4 of the North Village Project based on suggested findings and subject to the recommended conditions of approval.

The Commission took a recess at 9:29 p.m.

The Commission reconvened at 9:36 p.m.

C. Item
Description: Land Use Code Amendment 2023-01
Project
Description: Amendments to the Healdsburg Municipal Code including repealing Healdsburg Municipal Code Chapter 8.32: Medical Marijuana Dispensaries; amending Section 20.08.145: Permitted and Conditionally Permitted Uses in the Plaza Retail (PR), Downtown Commercial (CD), and Service Commercial (CS) Districts; amending Section 20.08.155: Permitted and Conditionally Permitted Uses in the Mixed Use (MU) District; amending Section 20.08.195: Permitted and Conditionally Permitted Uses in the Industrial (I) District; adding a new Section 20.20.095: Commercial Cannabis Uses and Requirements; amending Section 20.20.100: Marijuana Cultivation, Possession and Use; and amending Section 20.28.310:

Definitions to allow for commercial cannabis uses in Healdsburg.

Location: Citywide
Applicant: City of Healdsburg
Environmental
Determination: Determine that the proposed Healdsburg Municipal Code amendments are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (the “common sense exemption”) because it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

Community Development Director, Scott Duiven, introduced the item and summarized the staff report. Director Duiven provided a project overview and discussed the proposed amendments to the Healdsburg Municipal Code to develop a regulatory framework for commercial cannabis uses. Mr. Duiven discussed the path forward which includes City Council review and approval of the proposed amendments, an application process for the selection of up to two retail dispensaries, establishing a commercial cannabis business permit fee to cover the costs of administering the program, and setting the annual rate of the cannabis business tax.

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Commission and staff discussion ensued regarding the application and permit process, and whether or not cannabis retailers should be allowed in the downtown commercial district.

Chair Luks opened the hearing for public input.

Eli Melrod, Co-Founder of SolFul, provided information on their business, allowable locations for dispensaries in Healdsburg and the importance of foot traffic to this type of business. Mr.

Melrod invited the Commission to tour one of their nearby stores.

Brandon Levine, Sonoma County resident, Founder and CEO of Mercy Wellness, shared his background and said that they have been instrumental in developing these ordinances in other cities all over the North Bay and that Healdsburg has done a great job. He said he is available to answer any questions the Commission may have related to Mercy Wellness.

There being no further speakers, Chair Luks closed the public input portion of the hearing.

Chair Luks stated that he had previously pushed for extending the prohibition on dispensaries in the downtown commercial district. He said he would like to withdraw his previous comments about the absolute limitation for dispensaries in the downtown commercial district. He said that the location criteria for dispensaries adequately addresses potential sensitive receptors, and that he sympathizes with the comments from operators regarding the importance of foot traffic.

Vice Chair Breznikar said it is a well-established business and the cannabis businesses have gone through a lot of trials and supports moving forward.

On a motion by Commissioner McKay, seconded by Vice Chair Breznikar, the Commission voted 7-0-0 to adopt Resolution No. 2023-08 recommending the City Council repeal Healdsburg Municipal Code Chapter 8.32: Medical Marijuana Dispensaries; amend Section 20.08.145: Permitted and Conditionally Permitted Uses in the Plaza Retail (PR), Downtown Commercial (CD), and Service Commercial (CS) Districts; amend Section 20.08.155: Permitted and Conditionally Permitted Uses in the Mixed Use (MU) District; amend Section 20.08.195: Permitted and Conditionally Permitted Uses in the Industrial (I) District; add a new Section 20.20.095: Commercial Cannabis Uses and Requirements; amend Section 20.20.100: Marijuana Cultivation, Possession and Use; amend Section 20.28.310: Definitions; and related CEQA Exemption.

6. COMMISSIONER AND SUBCOMMITTEE REPORTS
None.

7. DIRECTOR’S REPORT
Director Duiven provided information regarding:
• Appointment of Commissioner Wood
• March 14, 2023, Planning Commission meeting agenda items • Brown Act requirements changing March 1, 2023, regarding attendance in person and virtually

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8. ADJOURNMENT
The meeting adjourned at 10:15 p.m.
________________________________ ________________________________ Scott M. Duiven, Secretary Phil Luks, Chair

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Packet Pg. 174 Attachment: 4. PC Minutes (3982 : North Village DA 4th Amendment) PC RESOLUTION NO. 2023-04

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

HEALDSBURG RECOMMENDING THAT THE CITY COUNCIL

APPROVE THE FOURTH AMENDMENT TO THE DEVELOPMENT
AGREEMENT FOR THE NORTH VILLAGE PROJECT (DA 2020-01.04) WHEREAS, the City of Healdsburg, a California municipal corporation (the “City”) and CCS Healdsburg, LLC, a Delaware limited liability company (the "Developer") are Parties to that certain Development Agreement, dated May 6, 2020; a Memorandum of Development Agreement was recorded in the Official Records of Sonoma County on June 1, 2020, as Document No. 2020041464 (“Original Agreement”); and
WHEREAS, the Original Agreement was amended by that certain First Amendment to Development Agreement (“First Amendment”) dated as of June 21, 2022, and memorialized in that certain Memorandum of First Amendment to Development Agreement dated June 21, 2022, which recorded in the Official Records on September 30, 2022 as Document No. 2022063576, and by that certain Second Amendment to Development Agreement (“Second Amendment”) dated as of April 18, 2022 and memorialized in the certain Memorandum of Second Amendment to Development Agreement dated April 18, 2022 and recorded in the Official Records on September 13, 2022 as Instrument No. 2022059935, and by that certain Third (Administrative Agreement) Amendment to Development Agreement (the “Third Amendment”) dated as of December 22, 2022, and the Original Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment shall be referred to as the “Development Agreement”); and WHEREAS, the Development Agreement was assigned in part to Kendal At Sonoma, A Zen Inspired Community, a California nonprofit public benefit company (“Kendal”), pursuant to that certain Partial Assignment of Rights and Assumption of Obligations Under Development Agreement (the "Partial Assignment") dated August 20, 2020, which was recorded in the Official Records on August 21, 2020 as Instrument No. 2020071885; and WHEREAS, the Development Agreement governs the development of approximately 32- acre property located at 16977 Healdsburg Avenue with a Senior Living Community with 221 independent living units (including 11 density bonus units), ancillary facilities (including dining facilities, meeting rooms, and administrative offices) and a total of 54 assisted living and memory care beds; 30 multi-family apartments; a 108-key hotel with a restaurant/bar, fitness facility and spa, meetings rooms and other amenities; and 45 multi-family units, five live-work units, and 12,000 square feet of commercial/retail space in a mixed use development; and WHEREAS, City staff and Developer have prepared a proposed Fourth Amendment to the Development Agreement ("Fourth Amendment") for consideration by the Healdsburg Planning Commission and the Healdsburg City Council and the Fourth Amendment would modify the terms related to the affordable housing conditions as presented in Exhibit A to this resolution; and WHEREAS, in accordance with Sections 65864 through 65869.5 of the California Government Code (“State Development Agreement Law”), the City adopted Ordinance No. 1097 to add Chapter 17.20 to the Healdsburg Municipal Code authorizing the use of, and imposing additional requirements on, development agreements; and

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WHEREAS, Chapter 17.20.060 requires the Planning Commission to conduct a public hearing on an amendment to a development agreement; and WHEREAS, pursuant to the California Environmental Quality Act (Pub. Res. Code § 21000, et seq.) ("CEQA"), the City prepared and, on May 20, 2019, the City Council certified the Final Environmental Impact Report ("EIR") for the North Entry Area Plan (State Clearinghouse No. 2018062041) and adopted related findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations which can be found in the Planning Department’s files for the North Village Project at 401 Grove Street, Healdsburg, CA 95448; and WHEREAS, the Planning Commission held a noticed public hearing on February 28, 2023, for the purpose of receiving oral testimony on the proposed Fourth Amendment, reviewed written and oral staff reports, and received into the record all pertinent documents related to the Fourth Amendment, before making its decision.

NOW, THEREFORE BE IT RESOLVED that the Healdsburg Planning Commission hereby recommends to the City Council that the Fourth Amendment to the Development Agreement by and between the City of Healdsburg and CCS Healdsburg LLC (DA 2020-01.04) be approved as presented in Exhibit A to this resolution based upon the facts and findings as set forth below:

1. The Development Agreement and its Fourth Amendment are consistent with the Healdsburg 2030 General Plan, the North Entry Area Plan, and the Land Use Code. The City Council made findings of consistency in its action to adopt Ordinance No. 1202, approving the Development Agreement, and the Fourth Amendment does not modify the Development Agreement in any way that would conflict with the goals and policies of the Healdsburg 2030 General Plan and the North Entry Area Plan, and requirements of the City's Land Use Code.

2. The Development Agreement and its Fourth Amendment will provide Healdsburg with tangible benefits including: 107 units of Affordable and Middle Income Housing; a $2,000,000 contribution for construction of a Fire Substation; contribution of $250,000 to the City for connectivity improvements; annual payments to the City of approximately $334,000 per year from the Senior Living Community for lost tax revenue and increased demands for services; remittance of a 1/2% Hotel Add-On Fee (beginning 10 years after issuance of a certificate of occupancy for the hotel); and other improvements.

3. Any environmental impacts related to the Development Agreement have been reviewed and considered in accordance with the provisions of the California Environmental Quality Act. On May 20, 2019, the City Council certified the Final Environmental Impact Report ("EIR") for the North Entry Area Plan (State Clearinghouse No. 2018062041) and adopted related findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations which can be found in the Planning Department’s files for the North Village Project at 401 Grove Street, Healdsburg, CA 95448. In accordance with the California Environment Quality Act (CEQA) Guidelines Section 15162, no further environmental review is required for the Fourth Amendment because (i) there are no changes involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, (ii) there are no changes with respect to the circumstances under which the project is taken which will require major revisions to the EIR due to the involvement of new significant

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environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, and (iii) there is no new information of substantial importance that was not known at the time the EIR was certified which shows (a) the project will have one or more significant effects not discussed in the EIR, (b) significant impacts/effects will be substantially more severe than shown in the EIR, (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects/impacts, or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects/impacts on the environment.

DULY AND REGULARLY ADOPTED by the Healdsburg Planning Commission on the 28th day of February 2023, by the following vote:

AYES: Barber, Breznikar, Gerlach, Hunt, Luks, McKay, Wood NOES: None
ABSENT: None
ABSTAIN: None
Approved: Attest:

Phil Luks, Chair Scott M. Duiven Secretary
EXHIBIT:

A. Fourth Amendment to Development Agreement

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EXHIBIT A

FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT (the “Fourth Amendment”) is made and entered into as of [the 30th day following final adoption of the ordinance approving it] ("Fourth Amendment Effective Date") by and between the CITY OF HEALDSBURG, a California municipal corporation ("City") and CCS HEALDSBURG, LLC, a Delaware limited liability company (“Developer”). City and Developer may each be referred to as a “Party,” and collectively as the “Parties.”

RECITALS
A. On May 6, 2020, the Parties entered into that certain Development Agreement (the "Original Agreement"), which Original Agreement was recorded on June 1, 2020 in the Official Records of Sonoma County (“Official Records”) as Document No. 2020041464, as amended by that certain First Amendment to Development Agreement (“First Amendment”) dated as of June 21, 2022, and memorialized in that certain Memorandum of First Amendment to Development Agreement dated June 21, 2022, which recorded in the Official Records on September 30, 2022 as Document No. 2022063576, and by that certain Second Amendment to Development Agreement (“Second Amendment”) dated as of April 18, 2022 and memorialized in the certain Memorandum of Second Amendment to Development Agreement dated April 18, 2022 and recorded in the Official Records on September 13, 2022 as Instrument No. 2022059935, and by that certain Third (Administrative Agreement) Amendment to Development Agreement (the “Third Amendment”) dated as of December 22, 2022, (the Original Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment and this Fourth Amendment shall be referred to as the “Development Agreement”). The Development Agreement concerns the development of an approximately 32-acre parcel of land at 16977 Healdsburg Avenue in the City of Healdsburg, defined as the "Property" in the Development Agreement, and shown on Exhibit A attached to the Original Agreement. The Development Agreement was assigned in part to KENDAL AT SONOMA, A ZEN INSPIRED COMMUNITY, a California nonprofit public benefit company (“Kendal”), pursuant to that certain Partial Assignment of Rights and Assumption of Obligations Under Development Agreement (the "Partial Assignment") dated August 20, 2020, which was recorded in the Official Records on August 21, 2020 as Instrument No. 2020071885.

B. The parties agree to modify the Development Agreement pursuant to Government Code Sections 65867 and 65868, and Healdsburg Municipal Code Section 17.20.060, in order to modify the terms related to the affordable housing conditions as provided below.

C. On _____________, 2023, the City Council, after a duly noticed public hearing, introduced its Ordinance _________ approving this Fourth Amendment and authorizing its execution and adopted that Ordinance __________ on ____________. Ordinance ____________ became effective on _____________.

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AGREEMENT
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants contained herein, Parties consent to this Fourth Amendment as follows:

1. Defined Terms. All capitalized terms used herein shall have the meanings given in the Development Agreement, except as expressly otherwise defined herein.

2. Enumeration of Specific Deletions and Amendments. The Development Agreement is hereby revised to incorporate the following amendments. (a) Replace and restate Recital E, Paragraphs 1.a. and 1.b. in their entirety as

1.a. Fifty-three (53) affordable/workforce apartments subject to recorded restrictions that require occupancy by households with very low, low, and moderate incomes, of which approximately ten (10) units are anticipated to be for households at or below 50% of area median income (“AMI”), approximately forty-two (42) units are anticipated to be for households between 50% and 120% of AMI and one (1) unit, the manager’s unit will be restricted to be for a household of up to 120% of AMI (collectively, “Affordable/Workforce Housing”).

1.b. Twenty-four (24) multi-family housing units subject to recorded restrictions that require occupancy by Middle Income Households (or below), (collectively, “Middle Income Housing”).
(b) Replace and restate Section 5.1 in its entirety as follows:

5.1 Affordable/Workforce Housing Units.
(a) Developer shall cause construction of a minimum of fiftythree (53) units of Affordable/Workforce Housing within the Project, affordable to households with very low, low, and moderate incomes, as follows:
(i) Approximately ten (10) dwelling units are anticipated to be made available for occupancy at an affordable rent, adjusted for household size, to Very Low Income Households. (ii) Approximately forty-two (42) dwelling units are
anticipated to be made available for occupancy at an affordable rent, adjusted for household size, to Low and Moderate Income Households.
(iii) One (1) dwelling unit, the manager’s unit, will be a restricted unit up to 120% of AMI.
(b) Notwithstanding the foregoing, the final mix of
Affordable/Workforce Housing units in any given affordability category

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may vary, but in no event shall less than three (3) units be occupied by Very Low Income Households, and no greater than thirteen (13) units be occupied by Moderate Income Households.
(c) Developer shall provide approximately eighteen (18) one-bedroom dwelling units, twenty-four (24) two-bedroom dwelling units, and eleven (11) three-bedroom dwelling units within the Affordable/Workforce Housing. Notwithstanding the foregoing, Developer shall have the right to construct at least eight (8) three-bedroom dwelling units within the Affordable/Workforce Housing. (d) Developer or its successor in interest with respect to the parcel or parcels on which the Affordable/Workforce Housing is to be located shall enter into an “Affordable Housing Agreement” with City setting forth its obligations to provide and maintain the Affordable/Workforce Housing units for a term of 55 years. The Affordable Housing Agreement shall be executed by Developer or developer's successor in interest with respect to the portion of the Property containing the Affordable/Workforce Housing units and be recorded against such portion of the Property containing the Affordable/Workforce Housing units prior to City issuance of a final certificate of occupancy for the hotel. The Affordable Housing Agreement shall be assignable to and assumable by the owner and operator of the Affordable/Workforce Housing units, and all portions of the Property except for the parcel containing the Affordable/Workforce Housing units shall be released from the Affordable Housing Agreement upon the first to occur of (i) issuance of a certificate of occupancy for the Affordable/Workforce Housing units or (ii) delivery to City of a completion guaranty pursuant to Section 5.5(a) of this Agreement, whichever is earlier. After satisfaction of the earliest to occur of such conditions, and upon request of Developer or its successor, City will provide a release in recordable form from the obligations of the Affordable Housing Agreement with respect to those portions of the Property no longer subject to such obligations and authorize recordation thereof in the Official Records.
(c) Replace and restate Section 5.2 in its entirety as follows:

5.2 Middle Income Housing Units.
(a) Developer shall cause construction of a minimum of
twenty-four (24) units of Middle Income Housing within the Project, which shall be made available at an affordable rent to Middle Income Households, as follows:
(i) Twenty-four (24) dwelling units shall be made
available for occupancy at an affordable rent, adjusted for household size, to Middle Income Households.
(b) The Middle Income Housing will require Growth
Management Ordinance (“GMO”) Category C allocations. Developer

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may, in its sole discretion, develop the Middle Income Housing for sale rather than for rent at an affordable sales price to Middle Income Households.
(c) Developer or its successor in interest shall enter into a “Middle Income Housing Agreement” with City setting forth its obligations to provide and maintain the Middle Income Housing units for a term of 55 years. The regulatory agreement shall meet any applicable requirements of the GMO Policies and Procedures as may be amended, or applicable new GMO policies and procedures that may be adopted, by the City Council specifically for Middle Income Housing units that do not otherwise conflict with the terms of this Agreement. The Middle Income Housing Agreement shall be executed by Developer or its successor in interest with respect to the portion of the Property containing the Middle Income Housing units and be recorded against such portion of the Property containing the Middle Income Housing units prior to City issuance of a final certificate of occupancy for the hotel. The Middle Income Housing Agreement shall be assignable to and assumable by the owner and operator of the Middle Income Housing units, and all portions of the Property except for the parcel containing the Middle Income Housing units shall be released from the Middle Income Housing Agreement upon the first to occur of (i) issuance of a final certificate of occupancy for the last Middle Income Housing unit to be constructed or (ii) delivery to City of a completion guaranty pursuant to Section 5.5(a) of this Agreement. After satisfaction of the earliest to occur of such conditions, upon request of Developer or its successor, City will provide a release in recordable form from the obligations of the Middle Income Housing Agreement with respect to those portions of the Property no longer subject to such obligations, and authorize recordation thereof in the Official Records.
(d) The final sentence in Section 5.4(c) is deleted in its entirety and replaced with the following:
“The obligations with respect to the Senior Living Community Affordable Housing Agreement has been assigned to Kendal pursuant to the Partial Assignment, as the owner and operator of the Senior Living Community, and the obligations arising thereunder, and all other obligations set forth in Section 5.4 of the Development Agreement with respect to Senior Living Community Affordable Housing are not applicable to any other parcels of the Property other than the Senior Living Community.”
(e) Replace and restate Section 5.5(a) in its entirety as follows:

5.5(a) All Workforce/Affordable Housing units and
Middle Income Housing units must have received a certificate of occupancy before City will issue a final certificate of occupancy for the

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hotel portion of the Property. Notwithstanding the foregoing, in lieu of obtaining certificates of occupancy for Workforce/Affordable Housing or Middle Income Housing units required immediately above, Developer or its successor may provide a completion guaranty in favor of City, in substantially the form attached as Exhibit 1 hereto, or in a form reasonably acceptable to the City Manager, whose approval thereof shall not be unreasonably withheld, conditioned, or delayed, in order to secure the obligation to obtain certificates of occupancy for any
Workforce/Affordable Housing units or Middle Income Housing units otherwise required under this Agreement but not yet obtained. The completion guaranty(ies) that may be provided with respect to this Section

5.5(a) (and also including the corresponding provisions of Sections 5.1(d) and 5.2(c) with respect to the delivery of a completion guaranty as to the Workforce/Affordable Housing units and/or Middle Income Housing units, respectively), may be provided by (or if previously provided by Developer, assigned to and assumed by) the owner and operator of the Workforce/Affordable Housing units and/or Middle Income Housing units, respectively, and upon such completion guaranty being provided (or assigned and assumed) by such party, City shall release the remainder of the Property from the obligations imposed by this Section 5.5(a) and Sections 5.1(d) and 5.2(c), as applicable.

3. Interpretation. The Development Agreement shall be construed as having been modified by this Fourth Amendment. Except as expressly modified by this Fourth Amendment. the Development Agreement remains in full force and effect. In the case of conflict between the provisions hereof and the terms of the Development Agreement, the provisions of this Fourth Amendment shall control.

4. Recording of Memorandum. Approximately concurrent with the Fourth Amendment Effective Date, the Parties shall execute, acknowledge and record a Memorandum of this Fourth Amendment in the Official Records.

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IN WITNESS WHEREOF, this Amendment has been executed as of the date first written above.

CITY
City of Healdsburg, a California municipal corporation
By: _________________________
Jeff Kay
City Manager
APPROVED AS TO FORM:

By: __________________________
Samantha Zutler, Esq. City Attorney
ATTEST:

By: __________________________
Raina Allan City Clerk

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DEVELOPER
CCS Healdsburg, LLC, a Delaware limited liability
company
By: CCS Healdsburg Manager, LLC, a Delaware limited
liability company
Its: Manager
By: CCA Management, LLC,
a California limited liability company
Its: Manager
By: Comstock Crosser & Associates
Development Company, LLC, a California
limited liability company
Its: Manager
By:

Nicholas Long, CFO

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EXHIBIT 1

FORM OF COMPLETION GUARANTY
THIS COMPLETION GUARANTY (the “Guaranty”) is made as of ____________________ (“Guarantor”), for the benefit of the CITY OF HEALDSBURG, a California municipal corporation (“City”), with reference to the following recitals of fact:

RECITALS
A. WHEREAS, CCS HEALDSBURG, LLC, a Delaware limited liability company (“Master Developer”) and City entered into that certain Development Agreement (the "Original Agreement"), which Original Agreement was recorded on June 1, 2020 in the Official Records of Sonoma County (“Official Records”) as Document No. 2020041464, as amended by that certain First Amendment to Development Agreement (“First Amendment”) dated as of June 21, 2022, and memorialized in that certain Memorandum of First Amendment to Development Agreement dated June 21, 2022, which recorded in the Official Records on September 30, 2022 as Document No. 2022063576, and by that certain Second Amendment to Development Agreement (“Second Amendment”) dated as of April 18, 2022 and memorialized in the certain Memorandum of Second Amendment to Development Agreement dated April 18, 2022 and recorded in the Official Records on September 13, 2022 as Instrument No. 2022059935, and by that certain Third (Administrative Agreement) Amendment to Development Agreement (the “Third Amendment”) dated as of December 22, 2022, (the Original Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment and this Fourth Amendment shall be referred to as the “Development Agreement”). The Development Agreement concerns the development of an approximately 32-acre parcel of land at 16977 Healdsburg Avenue in the City of Healdsburg, defined as the "Property" in the Development Agreement, and shown on Exhibit A attached to the Original Agreement. The Development Agreement was assigned in part to KENDAL AT SONOMA, A ZEN INSPIRED COMMUNITY, a California nonprofit public benefit company (“Kendal”), pursuant to that certain Partial Assignment of Rights and Assumption of Obligations Under Development Agreement (the "Partial Assignment") dated August 20, 2020, which was recorded in the Official Records on August 21, 2020 as Instrument No. 2020071885.; B. WHEREAS, the Development Agreement contemplates the construction of affordable/workforce apartments subject to recorded restrictions that require occupancy by households with very low, low, and moderate incomes (the “Workforce/Affordable Housing”) as well as housing units subject to recorded restrictions that require occupancy by households with moderate and middle incomes (“Middle Income Housing”), on certain real property located within the City, commonly known as Parcels 2 and 4 of the North Village Site, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (“Parcel 2” and “Parcel 4”, respectively); C. WHEREAS, pursuant to Section 5.5(a) of the Development Agreement, Master Developer is obligated to provide evidence of a completion guaranty to City, in a form reasonably acceptable to the City, to secure Master Developer’s obligation to deliver all Workforce/Affordable Housing units and Middle Income Housing units under the Development Agreement; and D. WHEREAS, Master Developer (also referred to in this Agreement as “Developer”), has provided to City this Guaranty from [Master Developer or an affiliate of Master Developer], in order to

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satisfy its obligation set forth in Section 5.5(a) of the Development Agreement with respect to the [Workforce/Affordable Housing units and the Middle Income Housing units]; and [OR]
D. WHEREAS, in connection with the transfer of fee title from Master Developer to __________________ with regard to [Parcel __] (“Developer”), Developer has provided to City this Guaranty from Developer or its affiliate (referred to in this Agreement as “Guarantor”), in order to satisfy its obligation set forth in Section 5.5(a) of the Development Agreement; and E. WHEREAS, Guarantor desires to guaranty to City completion of construction of the Workforce/Affordable Housing units and Middle Income Housing units in accordance with the terms of the Development Agreement and this Guaranty.

NOW, THEREFORE, in consideration of the foregoing and the agreements set forth below, Guarantor hereby agrees as follows:

1. Defined Terms. Capitalized terms not otherwise defined in this Guaranty are as defined in the Development Agreement.

2. Guaranty. Subject to the terms and conditions set forth herein, Guarantor unconditionally and irrevocably guarantees construction of the [Workforce/Affordable Housing units and/or Middle Income Housing units] by Developer as required by, and in accordance with, the terms and conditions of the Development Agreement.

3. Obligations of Guarantor Upon Default By Developer. If Developer fails to complete the construction of the [Workforce/Affordable Housing Units as may be provided in the Affordable Housing Agreement to be entered into with respect to the Project as provided in Section

5.1(d) of the Development Agreement with respect to the Workforce/Affordable Housing units], [and as may be provided in the Middle Income Housing Agreement to be entered into with respect to the Project as provided in Section 5.2(c) of the Development Agreement with respect to the Middle Income Housing units], in each case as such obligation may be amended pursuant to a written amendment to the Development Agreement, following written notice from City to Guarantor, City may elect, at its sole discretion, to require Guarantor to: (A) complete construction of the [Workforce/Affordable Housing units and/or Middle Income Housing units], at Guarantors’ sole cost and expense; (B) fully pay and discharge all claims for labor performed and material and services furnished in connection with the construction of the [ Workforce/Affordable Housing units and/or Middle Income Housing units]; and (C) release and discharge all claims of stop notices, mechanic’s liens, materialman’s liens and equitable liens that may arise in connection with the construction of the [Workforce/Affordable Housing units and/or Middle Income Housing units].

4. Guarantor Default. City may declare Guarantor to be in default under this Guaranty upon the occurrence of any of the following events (each a “Guarantor Default”): (a) Guarantor fails to perform any of its obligations under this Guaranty; (b) Guarantor revokes or attempts to revoke this Guaranty or this Guaranty becomes ineffective for any reason; (c) any representation or warranty made or given by Guarantor to City proves to be false or misleading in any material respect; (d) Guarantor is or becomes bankrupt or insolvent, makes an assignment for the benefit of

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creditors, or commences or has commenced against it a proceeding under the Federal Bankruptcy Code or any other law or statute providing for the relief of debtors; or (e) Guarantor dissolves or liquidates.

5. Remedies. If Guarantor fails to promptly perform its obligations under Section 3 of this Guaranty or in the event of a Guarantor Default, in addition to any other remedies available to City, City will have the following remedies:
(a) City may bring any action at law or in equity, or both, to compel Guarantor to perform its obligations under this Guaranty and to collect compensation for all loss, cost, damage, injury and expense which may be sustained or incurred by City as a consequence of Guarantor’s failure to perform those obligations. City from time to time may bring such an action regardless of whether City has first required performance by Developer, or whether City has exhausted any or all security (if any). Nothing herein shall be construed to prohibit the City from pursuing any remedies under any other agreement, against any person other than the Guarantor. (b) The City, at City’s option, shall have the right to perform or cause to be performed any or all obligations required to be performed by Guarantor under this Guaranty, which City reasonably deems necessary, and expend such sums as City reasonably deems proper in order so to complete such obligation. Guarantor shall reimburse City immediately on demand for all costs and expenses, including any attorneys’ fees, which City may incur in performing those obligations, notwithstanding City’s pursuit of any other rights or remedies.

6. Rights of City. Guarantor authorizes City, without giving notice to Guarantor or obtaining Guarantor’s consent and without affecting the liability of Guarantor, from time to time in City’s sole discretion to do any one or more of the following: (a) approve modifications to the approved plans and building permits for the [Workforce/Affordable Housing units and/or Middle Income Housing units]; (b) change the terms of the Development Agreement or any part thereof (subject to the consent of the Developer); (c) renew, modify, compromise or extend all or any portion of Developer’s obligations under the Development Agreement; (d) take and hold security for the performance of Developer’s obligations under the Development Agreement and Guarantor’s obligations under this Guaranty, accept additional or substituted security for either, and exchange, enforce, waive, subordinate, compromise, fail to perfect, and release, sell or otherwise dispose of any such security in whole or part; (e) apply such security and direct the order and manner of sale thereof as City in its sole discretion may determine; (f) apply payments or recoveries received by City from Developer, Guarantor or any other source to any obligations of Developer to City, in such order, manner and priority as City shall determine in its sole discretion, whether or not any such obligations are covered by this Guaranty; (g) substitute, add or release any one or more guarantors; and (h) release Developer from all or any part of its obligations under the Development Agreement.

7. Guarantors’ Warranties. Guarantor warrants, represents, covenants and acknowledges to City that: (a) Guarantor acknowledges and agrees that City would not enter into the Assignment Agreement but for this Guaranty, and that this Guaranty and the agreements of Guarantor in this Guaranty is a material part of the consideration which City is receiving for entering into the Assignment Agreement; (b) Guarantor has reviewed and understands all of the terms and provisions of the Development Agreement; (c) there are no conditions precedent to the

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effectiveness of this Guaranty; (d) the Guarantor has established adequate means of obtaining from sources other than City, on a continuing basis, financial and other information pertaining to Developer’s financial condition, the [Workforce/Affordable Housing units and/or Middle Income Housing units], and Developer’s activities relating thereto and the status of Developer’s performance of obligations under the Development Agreement; (d) the most recent financial statements of Guarantor and all other financial information relating to Guarantor heretofore or hereafter delivered to City are true and correct in all material respects, and the financial statements have been, and any hereafter delivered will be, prepared in accordance with generally accepted accounting principles consistently applied (“GAAP”) and fairly and accurately represent the financial condition of Guarantor as of the respective dates thereof, and no material adverse change has occurred in the financial condition of Guarantor since the respective dates thereof; and (e) Guarantor is not “insolvent” and will not be, as a consequence of the execution and delivery of this Guaranty, rendered “insolvent”, as that term is defined in Section 101 of the Federal Bankruptcy Code, or otherwise rendered unable to pay Guarantor’s debts as the same mature.

Guarantor acknowledges and agrees that City may request and obtain public or non-confidential information from third parties regarding any of the above, including, without limitation, credit reports.

8. Reserved.

9. Termination. This Guaranty shall terminate and be of no further force or effect upon the issuance of a certificate of occupancy for all of the [Workforce/Affordable Housing units and/or Middle Income Housing units].

10. Interest. Any sums required to be paid by the Guarantor to the City pursuant to the terms hereof that are not paid within thirty (30) days of the date due, shall bear interest at the prime rate announced by Wells Fargo plus three percent (3%), from the date said sums shall have become due until the date said sums are paid.

11. No Waiver, Extension or Modification. No failure on the part of the City to pursue any remedy hereunder shall constitute a waiver on its part of the right to pursue said remedy on the basis of the same or a subsequent breach. No extension, modification, amendment or renewal of the Development Agreement shall serve to waive the provisions hereof or discharge the Guarantor from any obligation herein contained, in whole or in part, except to the extent expressly approved by the City by written instrument signed by the City, specifying the nature and the extent of the intended waiver and discharge of the Guarantor.

12. Guaranty Independent; Waiver of Exoneration.
(a) Guarantor agrees that the obligations hereunder are independent of and in addition to the undertakings of the Developer pursuant to the Development Agreement, any other Guarantees given in connection with the Development Agreement, and other obligations of the Guarantor to the City.
(b) Guarantor agrees that the validity of this Guaranty shall continue and the obligations of Guarantor hereunder shall in no way be terminated, affected, diminished or impaired by reason of any bankruptcy, insolvency, reorganization, arrangement, assignment for the benefit

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of creditors, receivership or trusteeship affecting the Developer or its partners, parents, principals, or members whether or not notice is given to the Guarantor, or by any other circumstances or condition that may grant or result in a discharge, limitation or reduction of liability of the Developer or its partners, parents, principals, members or of a surety or a guarantor. (c) Guarantor waives all rights and remedies accorded by applicable law to guarantors and agrees not to assert or take advantage of any such rights or remedies including but not limited to any right to require the City to, after expiration of applicable notice and cure periods to Developer, (1) proceed against the Developer, any partner or member of the Developer or any other person, (2) proceed against or exhaust any security held by the City, or (3) pursue any remedy in the power of the City whatsoever. If Guarantor is liable pursuant to this Guaranty, Guarantor waives any defense arising by reason of any disability or other defense of the Developer or any partner or member of the Developer, or any of their parents, principals, or affiliated entities or by reason of the cessation from any cause whatsoever of the liability of the Developer or any member or partner of the Developer, or any of their parents, principals, or affiliated entities other than the full discharge and performance of all of Developer’s obligations under the Development Agreement. Guarantor, except as expressly set forth herein, waives any defense it may acquire by reason of the City’s election of any remedy against it or the Developer, or both, even though the Guarantors’ right of subrogation may be impaired thereby or extinguished under the antideficiency statutes of the State of California. Without limiting the generality of the foregoing, Guarantor waives (a) any defense that may arise by reason of the lack of authority or of any other person or persons or the failure of City to file or enforce a claim against the estate (in administration, bankruptcy, or any other proceeding) of any other person or persons; (b) demand, protest and notice of any kind including but not limited to notice of any kind (except for the notice required in Sections 3 and 14 hereof or under the Development Agreement) including but not limited to notice of the existence, creation or incurring of any new or additional indebtedness or obligation or of any action or non-action on the part of Developer, City, any endorser or creditor of Developer or Guarantor or on the part of any other person whomsoever under this or any other instrument in connection with any obligation or evidence of indebtedness held by City as collateral or in connection with any obligations the performance of which are hereby Guaranty; (c) any defense based upon any statute or rule of law which provides that the obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal. (d) Guarantor waives: (i) any duty on the part of City to disclose to Guarantor any facts City may now or hereafter know about Developer, regardless of whether City has reason to believe that any such facts materially increase the risk beyond that which Guarantor intended to assume or has reason to believe that such facts are unknown to Guarantor; (ii) any defense arising because of City’s election, in any proceeding instituted under the federal Bankruptcy Code, of the application of Section 1111(b)(2) of the Federal Bankruptcy Code; and (iii) any defense based on any borrowing or grant of a security interest under Section 364 of the Federal Bankruptcy Code.

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may hereafter have against the Developer or any member of Developer, or any other person, and waives the benefit of, and any right to participate in, any security now or hereafter held by City from the Developer.

15. Enforceability. Guarantor hereby acknowledges that: (a) the obligations undertaken by Guarantor in this Guaranty are complex in nature, and (b) numerous possible defenses to the enforceability of these obligations may presently exist and/or may arise hereafter, and (c) as part of City’s consideration for entering into this transaction City has specifically bargained for the waiver and relinquishment by Guarantor of all such defenses, and (d) Guarantor has had the opportunity to seek and receive legal advice from skilled legal counsel in the area of financial transactions of the type contemplated herein. Given all of the above, Guarantor does hereby represent and confirm to City that Guarantor isfully informed regarding, and that Guarantor does thoroughly understand: (i) the nature of all such possible defenses, and (ii) the circumstances under which such defenses may arise, and (iii) the benefits which such defenses might confer upon Guarantor, and (iv) the legal consequences to Guarantor of waiving such defenses. Guarantor acknowledges that Guarantor makes this Guaranty with the intent that this Guaranty and all of the informed waivers herein shall each and all be fully enforceable by City, and that City is induced to enter into this transaction in material reliance upon the presumed full enforceability thereof.

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(b) This Guaranty shall be governed by and shall be construed in accordance with the laws of the State of California.
(c) If any term, provision, covenant or condition hereof or any application thereof should be held by a court of competent jurisdiction to be invalid, void or unenforceable, all terms, provisions, covenants and conditions hereof and all applications thereof not held invalid, void or unenforceable shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby.
(d) Guarantor assumes the responsibility for keeping informed of (1) the financial condition of Developer, (2) any change in the management or control of Developer, and (3) all other circumstances bearing upon the risk of nonperformance by Developer of its obligations under the Development Agreement.
(e) This Guaranty shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce or interpret this Guaranty shall be filed and heard in the Superior Court of Sonoma County, California.
(f) Any notice or communication required hereunder between City or Guarantor must be in writing, and may be given either personally, by e-mail (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party. Notices transmitted after 5:00 p.m. on a normal business day or on a Saturday, Sunday, or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of: (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

If to City: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attention: City Manager
With a Copy to: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attention: City Attorney

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If to Guarantor:

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IN WITNESS WHEREOF, the undersigned has executed this Guaranty as of the day and year first above written.

GUARANTOR:
________________________________
By: ___________________________
Name: ___________________________
Its: ___________________________

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Packet Pg. 193 Attachment: 5. PC Resolution (3982 : North Village DA 4th Amendment) PC Resolution 2023-04 20
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)

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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 20, 2023
SUBJECT: Development Agreement (DA 2023-01) and Tentative Map (TM 2022-02) for the Saggio Hills Affordable Housing Project
PREPARED BY: Linda Ruffing, Planning Consultant
STRATEGIC INITIATIVE(S):

Expand Affordable Housing Opportunities
RECOMMENDED ACTION(S):

1. Adopt a Resolution approving Tentative Subdivision Map TM 2022-02 for the Saggio Hills Affordable Housing Project.

2. Introduce for first reading, by title only and waiving the full reading of the text, an ordinance approving the Development Agreement by and between the City of Healdsburg and Freebird Development Company, LLC, for the Saggio Hills Affordable Housing Project.

COMMUNITY ENGAGEMENT/OUTREACH:

As discussed below, the City of Healdsburg ("City") and Freebird Development Company, LLC ("Developer") have engaged in community outreach related to future development of an affordable housing project on approximately 12.4 acres of land ("Affordable Housing Land") on the Saggio Hills Project site. In late 2020 and early 2021, members of the public had an opportunity to participate in the City Council's selection of the Developer and approval of an Exclusive Negotiating Rights Agreement ("ENA").

In June and August of 2021, the Developer hosted two community meetings to obtain early input to help inform the design of the Saggio Hills Affordable Housing Project ("Project"). Corazon Healdsburg and the City assisted with outreach and the meetings were attended by approximately 50 and 70 people, respectively. The Developer also held two focus group meetings with four neighbors whose homes on Palomino Court are immediately adjacent to the Project site.

In March of 2022, the Planning Commission held a workshop to receive community input and provide preliminary comments to the Developer on the Project plans. In November of 2022, the Planning Commission conducted a public hearing, received public input, and took action to

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approve a Major Design Review Permit and to recommend approval of a Tentative Subdivision Map for the Project. In February of 2023, the Planning Commission conducted a public hearing, received public input, and took action to recommend approval of a Development Agreement for the Project.

BACKGROUND:

In 2011, the Healdsburg City Council approved master entitlements and a Final Environmental Impact Report ("Saggio Hills Project EIR") for the Saggio Hills Project. The master entitlements included the Saggio Hills Area Plan, annexation and zoning of the 258.5-acre Saggio Hills Project site, a Tentative Subdivision Map, Design Review approvals, and a Development Agreement ("Saggio Hills DA").

Pursuant to the Saggio Hills DA, the Saggio Hills Project developer, Sonoma Luxury Resort LLC ("SLR") was responsible for the mass grading of approximately 12.36 acres of land ("Affordable Housing Land") and conveyance of that land to the City for future affordable housing development. SLR was also responsible for construction of a street and utilities to serve the Affordable Housing Land. In return, the City is responsible for making arrangements for the development and construction of up to 150 units of affordable housing on the Affordable Housing Land. Attachment 3 shows the location of the Affordable Housing Land ("Project site").

SLR has fulfilled its obligations with regard to the Affordable Housing Land, and fee title was transferred to the City on February 22, 2023.

The following steps have been undertaken by the City and the Developer in pursuit of an affordable housing project on the Affordable Housing Land:
▪ Following a competitive selection process, on February 16, 2021, the City Council approved an ENA with Freebird Development Company, LLC for development of affordable housing on the Affordable Housing Land. The ENA establishes procedures and standards for the negotiation of a Disposition and Development Agreement ("DDA") and establishes that, during the Negotiation Period, the Developer is required to conduct community outreach, complete schematic design, and secure entitlements and any required environmental review. In accordance with Section 2 of the ENA, the term of the Negotiating Period was extended to August 16, 2023, as evidenced by the First Amendment to Exclusive Negotiating Rights Agreement dated January 31, 2023. ▪ The Developer hosted two community meetings in June and August of 2021 and submitted applications to the City seeking approval of a Tentative Subdivision Map, concessions under State Density Bonus Law, and Major Design Review for the Saggio Hills Affordable Housing Project.
▪ The City contracted with Raney Planning & Management for preparation of an Addendum to the Saggio Hills Project EIR that identified and analyzed the potential environmental impacts of the Saggio Hills Affordable Housing Project. The Saggio Hills Project EIR and Addendum are available for review at the City of Healdsburg Community Development Center (401 Grove Street, Healdsburg, CA) and on the City's website.
▪ On March 8, 2022, the Healdsburg Planning Commission conducted a workshop to provide an opportunity for the Developer to present the preliminary plans for the Project and receive input.

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▪ On November 8, 2022, following consideration of the Saggio Hills Project EIR and Addendum thereto, the Planning Commission adopted Resolution No. 2022-18 approving Major Design Review DR 2022-05 for the Project. (Attachment 4) ▪ On November 8, 2022, following consideration of the Saggio Hills Project EIR and Addendum thereto, the Planning Commission adopted Resolution No. 2022-17 recommending that the City Council approve Tentative Map TM 2022-02 for the Project. (Attachment 5)
▪ On February 28, 2023, following consideration of the Saggio Hills Project EIR and Addendum thereto, the Planning Commission adopted Resolution No. 2023-03 recommending that the City Council approve the proposed Development Agreement by and between the City of Healdsburg and Freebird Development Company, LLC for the Saggio Hills Affordable Housing Project (DA 2023-01) (Attachment 6) (“Freebird DA”) and further recommended that Section 4.8 of the Freebird DA be deleted.

Note: The Disposition and Development Agreement by and between the City of Healdsburg and Freebird Development Company, LLC ("DDA") establishes the terms that govern the sale of the property and development of the Saggio Hills Affordable Housing Project. The DDA will be brought forward for Council consideration on April 3, 2023.

DISCUSSION/ANALYSIS:

Project Overview
The approximately 12.36-acre Affordable Housing Land is located south of the intersection of Passalacqua Drive and Parkland Farms Boulevard within the Montage development in northeast Healdsburg. The site has been rough-graded and is currently undeveloped. An extension of Parkland Farms Boulevard was recently constructed on an alignment that bisects the Affordable Housing Land and connects to Passalacqua Drive to the north. Surrounding land uses include the Montage Resort and residential property to the north, the Healdsburg Ridge Open Space Preserve to the east and south, the Parkland Farms single-family residential neighborhood to the southwest, and the Saggio Hills Public Park Land (Parcel 8) adjacent to the site on the northwest is planned for development by the City as a Community Park. The City of Healdsburg General Plan designates the Affordable Housing Land as Medium High Density Residential (MHR) and the site is zoned Single-Family Residential with a 3,500-square-foot minimum lot area (R-1- 3,500).

The Project involves subdivision of the Property into a total of 17 parcels, comprised of two parcels for open space (“Parcel A” and “Parcel B”), one parcel for outdoor amenities (“Lot 1”), one parcel for a community building (“Lot 2”), one parcel for 42 residential housing units (“Lot 3”), ten parcels for a townhome residence on each parcel (“Townhome Lots” and/or “Lots 4 – 13”), one parcel for 48 residential housing units (“Lot 14”), and one parcel for 18 residential housing units (“Lot 15”), as said parcels and lots are shown on TM 2022-02 (Attachment 7).

Per Major Design Review DR 2022-05 as approved by the Planning Commission on November 8, 2022, and the proposed Tentative Subdivision Map (TM 2022-02), and the Development Agreement (DA 2023-01), the Project would include the following components:

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▪ Parcel A is a 144,710 square foot ("SF") parcel that surrounds Lot 2 on three sides and includes the central knoll on the site. It would remain as open space and be improved with pedestrian trails to be constructed and maintained by Developer ("Parcel A Improvements"), and subject to a non-exclusive public easement in favor of the City for public access on, over and across Parcel A.
▪ Parcel B is a 36,730 SF parcel that encompasses the Foss Creek tributary south of Parkland Farms Boulevard as well as a strip of land on the south side of the creek where a segment of multi-use (i.e., bicycle and pedestrian) trail will be located and will connect to the multi-use trail in the Community Park. The multi-use trail would be constructed and maintained by City ("Parcel B Improvements"), and fee title to Parcel B would be retained by City. It would function as an extension of the Community Park. ▪ Lot 1 is a 55,230 SF parcel located in the northeast corner of the Affordable Housing Land, nestled between the private road portion of Passalacqua Road and a tributary of Foss Creek that runs through the northern portion of the Affordable Housing Land on an east-west axis, roughly parallel to Passalacqua Road. The Tentative Map identifies this as a common area parcel and the Developer proposes that it be used as an outdoor amenity as its development potential is constrained by topography, access limitations, and the creek. Lot 1 would be improved with outdoor amenities such as community gardens, picnic areas and/or a small farm ("Lot 1 Improvements"), to be constructed by Developer, maintained by the owners of, and available for use by, residents of Lot 3, Townhome Lots, Lot 14 and Lot 15.
▪ Lot 2 is a 24,510 SF parcel located on the south side of the creek, across from Lot 1. A community building and recreation facilities are proposed on this parcel. Lot 2 would be improved with a one-story community building of approximately 3,067 square feet, 4 surface parking spaces and associated hardscape and landscaping improvements ("Lot 2 Improvements"), to be constructed by Developer, maintained by the owners of, and available for use by, residents of Lot 3, Townhome Lots, Lot 14 and Lot 15. ▪ Lot 3 is a 95,750 SF parcel in the southeast corner of the site. Its southerly boundary abuts the Healdsburg Ridge Open Space Preserve. Multi-family housing is proposed on this parcel consisting of four, three-story residential buildings of a height not to exceed 35 feet, containing 42 residential units totaling approximately 45,299 square feet and comprised of one (1) studio unit, nineteen (19) one-bedroom units, eleven (11) twobedroom units, and eleven (11) three-bedroom units, 64 surface parking spaces and associated hardscape and landscaping improvements ("Lot 3 Improvements"), which residential units shall be restricted for rental to and occupancy by lower income households, inclusive of very low income households and extremely low income households, at an affordable rent, for a minimum period of 55 years. Further, Lot 3 shall be subject to a non-exclusive public easement in favor of the City for ingress and egress from Parkland Farms Boulevard on, over and across Lot 3 to the planned parking lot serving the Healdsburg Ridge Open Space Reserve to be located adjacent to and east of Lot 3, in perpetuity.
▪ Lots 4-13 are ten parcels ranging in size from 3,280 SF to 6,680 SF. They are located on the west side of Parkland Farms Boulevard and their westerly boundaries adjoin residential lots in the Parkland Farms neighborhood. For-sale, duplex townhomes are proposed on these parcels. The ten Townhome Lots would be improved with a two-story, three-bedroom townhome residence on each parcel of a height not to exceed 28 feet, and

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1,766 square feet in size, and associated surface parking and hardscaping and landscaping improvements ("Townhome Lot Improvements"), which townhome residences would be restricted for sale to and occupancy by persons and families of moderate income, at an affordable housing cost, for a minimum period of 45 years. ▪ Lot 14 is a 74,900 SF parcel situated in the central area of the site, on the west side of Parkland Farms Boulevard. It abuts the Community Park parcel to the west. Lot 14 would be improved with one, three-story residential building of a height not to exceed 35 feet, containing 48 residential units totaling approximately 59,531 square feet and comprised of thirteen (13) studio units, eleven (11) one-bedroom units, twelve (12) two-bedroom units, and twelve (12) three-bedroom units, 60 surface parking spaces and associated hardscape and landscaping improvements ("Lot 14 Improvements"), which residential units would be restricted for rental to and occupancy by lower income households, inclusive of very low income households and extremely low income households, at an affordable rent, for a minimum period of 55 years.
▪ Lot 15 is a 65,930 SF parcel located on the north side of the Foss Creek tributary and bounded on the north by Passalacqua Drive and on the west by the City-owned Passalacqua Pump Station property. The Tentative Map identifies "18 air space condominiums" on this parcel to accommodate for-sale condominiums, depending on the demand and financial feasibility. Lot 15 would be improved with two, three-story residential buildings of a height not to exceed 35 feet, containing 18 residential units totaling approximately 20,077 square feet and comprised of one (1) studio unit, six (6) one-bedroom units, six (6) two-bedroom units, and five (5) three-bedroom units, 29 surface parking spaces and associated hardscape and landscaping improvements ("Lot 15 Improvements"), which residential units would be restricted either (i) for rental to and occupancy by lower income households, inclusive of very low income households and extremely low income households, at an affordable rent, for a minimum period of 55 years, or (ii) for sale to and occupancy by persons and families of moderate income, at an affordable housing cost, for a minimum period of 45 years. ▪ The Tentative Map identifies improvements on either side of the Parkland Farms Boulevard segment that traverses the Affordable Housing Land. On the east side of the street, an 8' wide multi-use trail is proposed along with a 3' planting strip, and on the west side a standard 6' wide City sidewalk is proposed extending from the south property boundary to a location on the north side of the Foss Creek tributary, on either side of the street. No improvements other than a driveway entry are proposed along the frontage of Lot 15 on Passalacqua Drive while maintaining two 13' wide travel lanes. The Tentative Map indicates additional right-of-way that would be dedicated to the City. The Project includes on-street parking on the east side of Parkland Farms Boulevard. Public improvements would include (i) construction of sidewalks and streetlights along Passalacqua Drive and Parkland Farms Boulevard fronting the Property, (ii) striping of that portion of Passalacqua Drive and Parkland Farms Boulevard fronting the Property, (iii) installation and construction of a Rectangular Rapid Flashing Beacon at the crossing of Parkland Farms Boulevard located between Parcel B and Lot 2, and (iv) the Parcel A Improvements.

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Tentative Subdivision Map (TM 2022-02)
On November 8, 2022, by adoption of Resolution No. 2022-17, the Planning Commission recommended that the City Council approve a Tentative Map (TM 2022-02) for the 12.36-acre Affordable Housing Land as requested by the Developer. The resolution is presented in Attachment 5. The site is currently comprised of two parcels located on either side of Parkland Farms Boulevard which roughly bisects the site on a north-south axis and portions of a third parcel which encompasses Parkland Farms Boulevard. As shown on Attachment 7 and described above, the Tentative Map proposes 15 lots and two "common area/open space parcels." The Planning Commission staff report for the November 8, 2022 hearing on the Saggio Hills Project (Attachment 8) addresses the consistency of the proposed subdivision with the City's General Plan, the Saggio Hills Area Plan and the Land Use Code. It also addresses a number of issues of community concern that pertain to the suitability of the site for the type and proposed density of the development. These topics include fire safety, water availability, traffic and vehicle speeds, visual impacts, light and glare, and construction-related impacts. Attachment 9 presents the minutes of the November 8, 2022 Planning Commission meeting.

The Planning Commission's review of a Tentative Map application is advisory to the City Council. The Planning Commission recommended that, per HMC Section 17.04.100(B), the following six findings (italicized text) can be made in conjunction with approval of the Tentative Map. The text following each finding provides evidence of the consistency of the proposed Tentative Map with the finding.

1. The proposed map and its design and improvements are consistent with the general plan and any applicable specific plan.

The proposed Tentative Map (TM 2022-02) establishes parcels that are consistent with General Plan policies relating to the preservation on hillsides and natural landforms. The Tentative Map is designed to respect the natural terrain of the site and to protect environmentally sensitive areas including the Foss Creek tributary riparian corridor that traverses the site and to incorporate common open space into the site design. This is consistent with Saggio Hills Area Plan policies. The parcels will accommodate a variety of housing types, providing affordable housing opportunities for a wide segment of the community, consistent with General Plan Housing Element policies.

2. The site is physically suitable for the type and proposed density of development.

The Affordable Housing Land is accessed by an extension of Parkland Farms Boulevard that connects to Passalacqua Drive. It is designated for Medium High Density residential development by the General Plan and for affordable housing in the Housing Element and the Saggio Hills project entitlements. The site has been mass graded to establish pads for the proposed development.

3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The Tentative Map establishes common area/open space parcels to protect the environmentally sensitive habitat along the tributary to Foss Creek that traverses the site and to protect the central knoll which is a prominent topographic feature. The proposed open space areas will provide wildlife habitat and corridors.

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4. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

The Saggio Hills EIR and the EIR Addendum prepared for the Project evaluate potential impacts to public health including air quality impacts, noise impacts, hazards and hazardous materials, and wildfire. These analyses concluded that the Project will not result in public health hazards.

5. The design of the subdivision and 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.

Currently, there are no easements for public access through or use of the property other than along the public right-of-way for Parkland Farms Boulevard. The Saggio Hills Area Plan and its associated entitlements identifies trail corridors for future public access that traverse the property. The trails and associated easements and maintenance agreements are addressed in the conditions of approval. The design of the Tentative Map and associated site improvements will not conflict with the future trail corridors.

6. Unless otherwise provided by the Subdivision Map Act, the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

The design of the subdivision provides for solar access on all parcels and allows for passive or natural heating and cooling opportunities.

Staff Recommendation: Attachment 1 presents a recommended City Council resolution for approval of Tentative Subdivision Map (TM 2022-02). The resolution includes the findings cited above and Conditions of Approval as recommended by the Planning Commission.

Development Agreement (DA 2023-01)
An ordinance for adoption of the proposed Development Agreement for the Saggio Hills Affordable Housing Project ("Freebird DA"), as negotiated with the Developer, is presented in Attachment 2. The Freebird DA is included as Exhibit 1 of the ordinance.

Section 4.2 of the Freebird DA presents the proposed Phasing Plan for the Project and establishes that the Project would be constructed in no more than four phases by Developer, as follows:
▪ The first phase of the Project would consist of the construction and completion thereof of the Parcel A Improvements, Lot 2 Improvements, Lot 14 Improvements, and the Public Improvements (“Phase 1 Improvements”). The Parcel B Improvements would be designed and constructed by City, at its sole cost and expense, either before or concurrently with the construction of the Phase 1 Improvements by Developer. ▪ The second phase of the Project would consist of the construction and completion thereof of the Lot 1 Improvements and Lot 3 Improvements (“Phase 2 Improvements”). Phase 2 Improvements may be combined with the Phase 1 Improvements. ▪ The third phase of the Project would consist of the construction and completion thereof of the Lot 15 Improvements (“Phase 3 Improvements”). If Developer elects to develop and construct the Lot 15 Improvements as a rental project, then said Lot 15 Improvements may be constructed and completed as part of Phase 2 Improvements and/or the Phase 1 Improvements; however, if Developer elects to develop and construct the Lot 15

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Improvements as an owner-occupied development, then said Lot 15 Improvements shall be constructed and completed as the Phase 3 Improvements, which may be combined with the Phase 4 Improvements.
▪ The fourth phase of the Project will consist of the construction and completion thereof of the Townhome Lot Improvements as an owner-occupied development (“Phase 4 Improvements”).

By entering into the Freebird DA, the City would grant the Developer vested rights to develop and construct the Project in accordance with the project approvals and would extend the project approvals for up to ten (10) years if the Phase 1 improvements have commenced on or before the date which is five (5) years after the date of approval of the Freebird DA. If the Phase 1 improvements have not commenced in five (5) years, the Freebird DA would be deemed terminated.

On February 28, 2023, the Planning Commission conducted a public hearing to review the Freebird DA, in accordance with Sections 65864 through 65869.5 of the California Government Code and Chapter 17.20 of the Healdsburg Municipal Code (“Development Agreement Law”).

Attachment 10 presents the staff report for the February 28, 2023 Planning Commission meeting.

At the hearing, the Planning Commission Chair recommended that Section 4.8 "Timing of Development" be removed from the Freebird DA, concerned that said section grants the developer an exclusive right to modify the phasing plan. The Planning Commission included that modification in its recommendation to the Council for approval of the Freebird DA. Attachment 11 presents the minutes of the February 28, 2023 Planning Commission hearing.

Section 4.8 was included in the Freebird DA in order to protect the Project against any subsequent initiative measure that might attempt to dictate the timing and phasing of development. As timing and phasing are highly dependent on the availability of funding, it is important that the Freebird DA retains as much flexibility as possible. While Sections 3.2 and 4.2 of the Freebird DA address timing and phasing for the overall development and may be adequate to protect against a subsequent initiative measure attempting to override those provisions, the intent of Section 4.8 is to make those protections crystal clear and to provide the Developer and potential financial partners a modicum of certainty regarding the Freebird DA's requirements pertaining to the timing and phasing of development. Staff continues to recommend that Section

4.8 be included in the Freebird DA.

The Planning Commission resolution recommending that the City Council approve the Freebird DA is presented in Attachment 6. It includes facts and findings to support approval of the Freebird DA in accordance with Chapter 17.20.030(C) of the Healdsburg Municipal Code which requires the City Council to make the following findings when approving a proposed development agreement or an amendment thereto:
▪ The Development Agreement is consistent with the Healdsburg General Plan, any applicable specific plan and the zoning ordinance. This finding may be satisfied by a determination that the Development Agreement is consistent through provisions that are to be adopted concurrently with approval of the Development Agreement; and

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▪ The Development Agreement will provide Healdsburg with tangible benefits beyond those that may be required by the City through project conditions of approval; and ▪ Any environmental impacts related to the Development Agreement have been reviewed and considered in accordance with the provisions of the California Environmental Quality Act.

The facts and findings are incorporated into the recommended ordinance for the Freebird DA (Attachment 2).

Staff Recommendation: Attachment 2 presents a recommended ordinance for adoption of the Freebird DA for the Saggio Hills Project. The Freebird DA is included as Exhibit 1 and, as presented, includes Section 4.8.

Adoption of an ordinance requires two separate Council actions. The first action is to introduce for first reading, by title only and waiving the full reading of the text, the ordinance. At a subsequent meeting, the Council would take action to adopt the ordinance and the ordinance, and hence the Freebird DA, would become effective 30 days thereafter.

ENVIRONMENTAL STEWARDSHIP:

As noted below, the Project is subject to the California Environmental Quality Act ("CEQA") and the environmental effects were evaluated at a programmatic level in the Final Environmental Impact Report for the Saggio Hills Planned Development Project ("Saggio Hills Project EIR") and a Mitigation Monitoring and Reporting Program ("MMRP") was adopted. Mass grading of the site, wetlands mitigation, creek restoration and construction of the Parkland Farms extension and utilities through to the Affordable Housing Land were performed in compliance with the MMRP. An Addendum to the Saggio Hills Project EIR was prepared to evaluate impacts associated with the Saggio Hills Affordable Housing Project. It concluded that the analysis in the Saggio Hills Project EIR and the adopted mitigation measures sufficiently address potential impacts associated with the Project. The Project will be required to comply with all applicable mitigation measures in the MMRP.

ALTERNATIVES:

1. Recommended actions: adopt resolution approving Tentative Subdivision Map TM 2022- 02; and introduce for first reading and waive full reading of text of ordinance approving Development Agreement (DA 2023-01)

2. Incorporate specific modifications into the resolution and/or ordinance prior to taking Council action.

3. Defer action on one or more of the project approvals and direct staff to provide additional information and/or analysis to help inform City Council action(s).

FISCAL IMPACT:

In accordance with the ENA, all City costs for processing the Saggio Hills Affordable Housing Project entitlements are funded by the Developer in accordance with a Cost Recovery Agreement between the Developer and the City of Healdsburg. The Developer is responsible for obtaining financing for construction of the Project Improvements.

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ENVIRONMENTAL ANALYSIS:

The Saggio Hills Affordable Housing Project is addressed in the Final Environmental Impact Report for the Saggio Hills Planned Development Project (State Clearinghouse No. 2003062025) which was certified by the Healdsburg City Council through the adoption of Resolution No. 15- 2011. Certain components of development on the site (extension of Parkland Farms Boulevard and related utilities; rough grading of Affordable Housing Land; filling of wetlands and establishment of mitigation wetlands; creek restoration) were addressed at a project-level in the Saggio Hills Project EIR. The Saggio Hills Project EIR addressed the development of up to 150 units of affordable housing on the site at a programmatic level. An Initial Study/Environmental Checklist was prepared for the Saggio Hills Affordable Housing Project and, based on the analysis contained therein, the Community Development Director determined that an Addendum to the Saggio Hills Project EIR is the appropriate environmental document for the Project. Based upon substantial evidence demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred, specifically:
(a) There have not been any substantial changes in the Project that require major revisions of the Saggio Hills Project EIR because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) There have not been any substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the Saggio Hills Project EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Saggio Hills Project EIR was certified, that shows any of the following:
i. the Project will have one or more significant effects not discussed in the Saggio Hills Project EIR;
ii. significant effects previously examined will be substantially more severe than shown in the Saggio Hills Project EIR;
iii. mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the project proponents decline to adopt the mitigation measure or alternative; or
iv. mitigation measures or alternatives which are considerably different from those analyzed in the Saggio Hills Project EIR would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative.

ATTACHMENT(S):

1. Resolution (TM 2022-02)

1. Exhibit B Final MMRP Saggio Hills Project

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2. Ordinance (DA 2023-01)

2. Exhibit 1 Freebird Development Agreement

3. Site Location Map

4. PC Resolution 2022-18

5. PC Resolution 2022-17

6. PC Resolution 2023-03

7. Tentative Map

8. PC Staff Report 11/08/22

9. PC Minutes 11/08/22

10. PC Staff Report 02/28/23

11. PC Minutes 02/28/23

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CITY OF HEALDSBURG
RESOLUTION NO. -2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING A TENTATIVE SUBDIVISION
MAP (TM 2022-02) FOR THE SAGGIO HILLS AFFORDABLE
HOUSING PROJECT AT 450 PARKLAND FARMS

BOULEVARD
WHEREAS, in 2010 and 2011, the Healdsburg City Council approved entitlements for the Saggio Hills Development Project as follows:

1. On January 31, 2011, the Saggio Hills Area Plan was adopted by Resolution No. 17-2011;

2. On January 31, 2011, Ordinance No. 1071 establishing pre-zoning designations for the Saggio Hills planning area was confirmed and ratified by Resolution No. 19-2011;

3. On January 31, 2011, a Tentative Subdivision Map was approved for the Saggio Hills Development Project by Resolution 18-2011;

4. Effective April 11, 2011, the City of Healdsburg and Sonoma Luxury Resort, LLC entered into a Development Agreement for the Saggio Hills Project (Ordinance No. 1107); and WHEREAS, prior to the City Council’s approval of the Saggio Hills Development Project entitlements, an Environmental Impact Report ("Saggio Hills Project EIR") was prepared pursuant to the California Environmental Quality Act (Pub. Res. Code § 21000, et seq.) (“CEQA”), (State Clearinghouse No. 2003062025), which analyzed the environmental impacts of development of the Saggio Hills Development Project. The Saggio Hills Project EIR is comprised of the 2007 Draft EIR (August 2007), the 2007 Final EIR (October 2007), the Responses to Late Comments (April 2008), the Errata (April 2008), the Draft Partial Revision (August 2010, and the Final Partial Revision (December 2010). The Saggio Hills Project EIR was certified by the City Council on January 31, 2011 and a Mitigation Monitoring and Reporting Program ("MMRP") was adopted by Resolution No. 15-2011; and
WHEREAS, as noted above, the City of Healdsburg ("City") and Sonoma Luxury Resort, LLC ("SLR") are parties to a Development Agreement dated April 11, 2011, as evidenced by a Memorandum of Development Agreement recorded in the Official Records of Sonoma on April 27, 2011, as Instrument No. 2011037227; as amended on April 5, 2016, pursuant to an Insubstantial Amendment To The Development Agreement Between The City Of Healdsburg And Sonoma Luxury Resort, LLC, Dated April 11, 2011; as amended on May 30, 2019, pursuant to a Second Insubstantial Amendment To Development Agreement, as evidenced by a Memorandum of Second Insubstantial Amendment to Development Agreement, recorded in the Official Records on August 5, 2019, as Instrument No. 2019053988; as amended on January 19, 2021, pursuant to a Third Amendment to Development Agreement, as evidenced by a Memorandum of Development Agreement recorded in the Official Records on March 4, 2021, as Instrument No. 2021025567 (collectively, the “Development Agreement”); and
WHEREAS, the First Final Map for the Saggio Hills Development Project subdivided the land comprising Saggio Hills into eleven (11) parcels, two parcels of which are legally described

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as Parcels 5 and 6 of Saggio Hills per Map recorded May 23, 2018 in Book 795, Pages 31-40 as Instrument No. 2018-037508, of Official Records, in the City of Healdsburg, County of Sonoma, State of California, APNs 091-310-005 & 091-310-006, as amended by the Parcel 5, 6 and 11 Lot Line Adjustment, approved by the City on May 12, 2022, pursuant to LLA 2021-05, which are collectively known as the "Affordable Housing Land"; and WHEREAS, pursuant to the Development Agreement, SLR is obligated to perform mass grading of the Affordable Housing Land, to implement wetlands mitigation for the removal of wetlands on the Affordable Housing Land, to construct the Parkland Farms Boulevard roadway and utility improvements adjoining the Affordable Housing Land and to convey the Affordable Housing Land to the City; and
WHEREAS, pursuant to the Development Agreement, the City is responsible for making arrangements for the development and construction of up to 150 units of affordable housing on the Affordable Housing Land; and
WHEREAS, on February 16, 2021, the City entered into an Exclusive Negotiating Rights Agreement ("ENA") with Freebird Development Company, LLC ("Developer") which establishes procedures and standards for the negotiation of a Disposition and Development Agreement ("DDA") and that, during the Negotiation Period, the Developer will conduct community outreach, complete schematic design, and secure entitlements and any required environmental review. In accordance with Section 2 of the ENA, the term of the Negotiating Period was extended to August 16, 2023, as evidenced by the First Amendment to Exclusive Negotiating Rights Agreement dated January 31, 2023; and
WHEREAS, Developer submitted applications to the City seeking approval of the following entitlements for the Saggio Hills Affordable Housing Project (the "Project"):

1. Tentative Subdivision Map to establish 15 lots (Lots 1-15) and two "Common Area" parcels (Parcels A and B) on the 12.36-acre Affordable Housing Land. The Tentative Map also identifies 18 "air space condominiums" on one of the lots (Lot 15).

2. Concessions under State Density Bonus Law ("SDBL") to allow for the reduction in the required number of parking spaces. The Developer proposes to provide a total of 173 offstreet parking spaces plus 36 on-street spaces.

3. Design Review to authorize development of a mixed income/mixed tenure affordable housing project with a total of 118 residential units, onsite parking, a network of trails and open space, a community garden area, and other amenities; and WHEREAS, the Project includes modifications from the project analyzed in the Saggio Hills Project EIR, and pursuant to CEQA Guidelines section 15164, the City caused the preparation of an Environmental Checklist & Addendum to the Saggio Hills Project EIR, dated September, 2022 ("Addendum"), which can be found in the Planning Department's files for the Project at Healdsburg City Hall, Community Development Center, 401 Grove Street, Healdsburg, CA; and

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WHEREAS, at a properly noticed public hearing on November 8, 2022, the Planning Commission reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony; received into the record all pertinent documents related to the Project; and, following consideration of the Saggio Hills Project EIR and Addendum, the Planning Commission adopted Resolution No. 2022-17 recommending that the City Council approve the Tentative Subdivision Map TM 2022-02 based upon recommended findings and subject to recommended conditions of approval; and
WHEREAS, at a properly noticed public hearing on November 8, 2022, following consideration of the Saggio Hills Project EIR and Addendum, the Planning Commission also adopted Resolution No. 2022-18 approving Major Design Review DR 2022-05 for Project, including the granting of concessions under State Density Bonus Law, based on adopted findings and subject to conditions of approval.

NOW THEREFORE BE IT RESOLVED, that the City Council hereby determines as follows:

1. The City Council has independently reviewed, analyzed and considered the previously certified Saggio Hills Project EIR, the Addendum, the staff report and all attachments thereto, as well as all written documentation and public comments thereto; and

2. The Addendum was prepared and reviewed in compliance with the provisions of CEQA and the CEQA Guidelines; and

3. The information and analysis contained in the Saggio Hills Project EIR and Addendum reflects the City’s independent judgment as to the environmental consequences of the proposed Project; and

4. That, based upon substantial evidence demonstrated by the analysis included in the Saggio Hills Project EIR and Addendum none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred; specifically:
(a) There have not been any substantial changes in the Project that require major revisions of the Saggio Hills Project EIR because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) There have not been any substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the Saggio Hills Project EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Saggio Hills Project EIR was certified, that shows any of the following: (a) the Project will have one or more significant effects not discussed in the Saggio Hills Project EIR:
(b) significant effects previously examined will be substantially more severe than

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shown in the Saggio Hills Project EIR; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the Saggio Hills Project EIR would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative.

BE IT FURTHER RESOLVED, based on the above findings and prior to approving Tentative Map (TM 2022-02), the City Council determined that the previously-certified Saggio Hills Project EIR, together with the Addendum, are adequate to serve as the required environmental documentation.

BE IT FURTHER RESOLVED that the City Council hereby approves Tentative Map Application TM 2022-02 subject to the Conditions of Approval attached hereto as Exhibit A and incorporated herein by reference and subject to all applicable mitigation measures in the Mitigation Monitoring & Reporting Program for the Saggio Hills Project EIR attached hereto as Exhibit B and incorporated herein by reference, and based on the facts and findings as set forth below:

1. The proposed map and its design and improvements are consistent with the general plan and any applicable specific plan.

2. The site is physically suitable for the type and proposed density of development.

The Project site is accessed by an extension of Parkland Farms Boulevard that connects to Passalacqua Drive. It is designated for Medium High Density residential development by the General Plan and for affordable housing in the Housing Element and the Saggio Hills project entitlements. The site has been mass graded to establish pads for the proposed development.

3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

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Packet Pg. 209 Attachment: 1. Resolution (TM 2022-02) (3976 : Saggio Hills Affordable Housing TM, DA, DDA) Resolution No. -2023

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4. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

5. The design of the subdivision and 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.

The design of the subdivision provides for solar access on all parcels and allows for passive or natural heating and cooling opportunities.

PASSED, APPROVED, AND ADOPTED this 20th day of March, 2023 by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
__________________________________ ___________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk

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Packet Pg. 210 Attachment: 1. Resolution (TM 2022-02) (3976 : Saggio Hills Affordable Housing TM, DA, DDA) Exhibit A

CONDITIONS OF APPROVAL
TENTATIVE SUBDIVISION MAP 2022-02

SAGGIO HILLS AFFORDABLE HOUSING PROJECT
Address: 450 Parkland Farms Boulevard
(APNs: 091-310-005; 091-310-006)
The following conditions are required in conjunction with Tentative Map TM 2022-02 for the Saggio Hills Affordable Housing Project ("Project").

1. This approval is based upon all conditions of approval set forth herein, including mitigation measures and specified plans and agreements included by reference, as well as all applicable City rules and regulations. Any deviations from the Project conditions must be reviewed and approved by the City for conformity with this approval. Deviations may require approved changes to these approvals and/or further environmental review. Deviations without the above described approval will constitute a violation of permit approval.

2. All plans and agreements required pursuant to these conditions of approval must be submitted to the City for review and approval and shall be implemented as approved by the City.

3. Prior to approval of the final subdivision map, the Applicant will be required to enter into a Disposition and Development Agreement which will include terms and conditions on the transfer or sale of the Project site from the City to the Applicant.

4. The final subdivision map and the subdivision improvements plans shall be subject to and consistent with all applicable conditions of Project approval for Design Review DR 2202-05.

5. On the final subdivision map, Applicant shall dedicate to the City the necessary remaining public right of way required for Parkland Farms Boulevard to include the completed public multi-use trail on the east side of the roadway. The proposed retaining wall at the back of the multi-use trail shall be located entirely on private property including all wall footings. Additional public utility easements may be required to be dedicated to the City once final utility design/construction has been completed.

6. On the final subdivision map, Applicant shall dedicate a public access easement to the City for the future public multi-use trail on proposed Parcel B. The exact location and width of the public access easement is subject to approval by the City Engineer. Alternatively, the City may retain ownership of Parcel B as an extension of the Public Park. That matter shall be addressed in the Disposition and Development Agreement.

7. On the final subdivision map, the Applicant shall dedicate to the city a public storm drain easement on proposed Parcel B and Lot 3 for conveyance of public storm water.

8. The proposed public access easement on Lot 3 shall be wide enough to accommodate two-way vehicle traffic as well as a pathway for pedestrian and bicycle access. The exact location and width of the public access easement shall be subject to review and approval by the City Engineer and the Community Services Director.

9. Reciprocal access, utility and drainage easements shall be dedicated on the final subdivision map for all shared private facilities. Maintenance declarations or a homeowner’s association shall be established for all maintenance of shared utilities, access and drainage.

10. A final striping plan shall be submitted as part of the civil engineering plans submitted with the subdivision improvement plans. The striping plan shall be reviewed and approved by both Public Works and the Fire Department.

7.B.a
Packet Pg. 211 Attachment: 1. Resolution (TM 2022-02) (3976 : Saggio Hills Affordable Housing TM, DA, DDA) Saggio Hills Affordable Housing Project
Conditions of Approval for TM 2022-02

11. Prior to approval of the final subdivision map and improvement plans, the Applicant shall contact Sonoma County Transit to confirm the location and design of a bus stop on Parkland Farms Boulevard. Any required bus stop construction shall be shown on the subdivision improvement plans.

12. Emergency vehicle easements shall be dedicated to the City for public use and acceptance, on the final subdivision map for all on-site project drive aisles and turn around areas as required by the Healdsburg Fire Department. The exact width and location of the EVA easement shall be subject to approval by the Healdsburg Fire Department.

13. The proposed subdivision includes 18 condominium units on Lot 15. The subdivision improvement plans shall show a public water meter serving each of the 18 condominium units, if a condominium plan is to be implemented.

14. Prior to approval of the final subdivision map and subdivision improvement plans, the Applicant shall enter into a subdivision improvement agreement with the City and provide the required sureties to complete all public and electric system improvements.

15. Prior to acceptance of the subdivision improvements, Applicant shall install centerline street monuments on Passalacqua Drive and Parkland Farms Boulevard along the frontages of the subdivision.

16. The following recommendations shall be addressed prior to issuance of construction permits:
(a) Review the final site plan to ensure that adequate sight distance is maintained at the project driveways and internal intersections. No objects (landscaping, trees, monument signs, etc.) should be allowed within the sight distance triangles at the Project driveways and internal intersections.
(b) Review the final site plan and conduct a turning movement analysis for City of Healdsburg emergency vehicles to ensure adequate emergency vehicle circulation and access throughout the Project site.
(c) The multi-use trail segment between the Community Park and Parkland Farms Boulevard should have a 10-foot minimum width.
(d) Install a high-visibility crosswalk with a Rectangular Rapid Flashing Beacon (RRFB) at the proposed midblock multi-use trail crossing on Parkland Farms Boulevard. If, in the future, speeding vehicles are an issue, the City may consider installing a raised crosswalk to reduce vehicle speeds along Parkland Farms Boulevard.
(e) Consider an additional crossing across Parkland Farms Boulevard to connect to park and trail area on the east side of the site. The same crossing treatment as the northern proposed path crossing should be considered.
(f) Add stop bar and stop sign to Area 3 driveway for exiting vehicles to yield to pedestrians and through traffic on Parkland Farms Boulevard.
(g) Add “Driveways Ahead” signage on both directions of Parkland Farms Boulevard ahead of the Area 4 townhouse driveways to alert drivers of possible exiting vehicles. (h) Clarify shared-use path interaction with the existing roadway on Parkland Farms Boulevard south of the Project.

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Packet Pg. 212 Attachment: 1. Resolution (TM 2022-02) (3976 : Saggio Hills Affordable Housing TM, DA, DDA) Saggio Hills Project
City of Healdsburg 1 Mitigation Monitoring and Reporting Program Exhibit B

SAGGIO HILLS PROJECT ENVIRONMENTAL IMPACT REPORT

MITIGATION MONITORING AND REPORTING PROGRAM

1. INTRODUCTION
The California Environmental Quality Act (CEQA) requires public agencies to adopt a mitigation reporting or monitoring program for any project that was approved on the basis of findings that mitigation measures have been incorporated into the project or imposed as conditions of approval. (Public Resources Code, Section 21081.6; State CEQA Guidelines, Sections 15091(d) and 15097.) Specifically, Section 21081.6(a)(1) of the Public Resources Code requires a lead or responsible agency to “adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” This requirement is intended to ensure the implementation of all mitigation measures adopted through the CEQA process.

This Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the proposed Saggio Hills project. The project includes the adoption of an Area Plan and construction of associated development, including a combination of destination resort lodging, meeting and spa facilities, resort residences/villas, a City-owned community park, trail system, a dedicated affordable housing site, a Cityowned pump station, and a City-owned fire substation. The development is proposed on an approximately 258.5-acre site located in the City of Healdsburg (City), and the City is the lead agency for this project under CEQA.

A Final Environmental Impact Report (FEIR) has been prepared for the proposed project, the contents of which are enumerated in Section 1.1.2 of the Final Partial Revision (December 2010). The FEIR will be considered for certification by the City Council, and this MMRP includes all mitigation measures identified in the FEIR.

2. PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This MMRP has been prepared to ensure that all required mitigation measures are implemented and completed according to schedule and maintained in a satisfactory manner during the construction and operation of the project. The MMRP may be modified by the City during project implementation, as necessary, in response to changing conditions or other refinements and in accordance with CEQA. Table 1, below, identifies each mitigation measure, monitoring/mitigation timing requirements, the person/agency responsible for implementation, and monitoring and reporting procedures. The numbering of mitigation measures adheres to the sequence found in the FEIR.

3. ROLES AND RESPONSIBILITIES
Unless otherwise specified herein, the City is responsible for taking all actions necessary to implement the mitigation measures according to the specifications provided for each measure and for demonstrating that the action has been successfully completed. The City, at its discretion, may delegate implementation responsibility or portions thereof to a licensed contractor or other designated agent.

The City would be responsible for overall administration of the MMRP and for verifying that the applicant, City staff members and/or the construction contractor have completed the necessary actions for each measure. The City would designate a project manager to oversee the MMRP. Duties of the project manager include the following:

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Packet Pg. 213 Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, DDA) Saggio Hills Project City of Healdsburg 2
► Ensure that routine inspections of the construction site are conducted by appropriate staff; check plans, reports, and other documents required by the MMRP; and conduct report activities. ► Serve as a liaison between the applicant, the City (where necessary), and the construction contractor regarding mitigation monitoring issues.
► Complete forms and maintain reports and other records and documents generated by the MMRP. ► Coordinate and ensure that corrective actions or enforcement measures are taken, if necessary.

The responsible party for implementation of each item would identify the staff members responsible for coordinating with the city on the MMRP.

4. ANNUAL REPORTING
The project manager for the applicant shall prepare a monitoring report, annually and on completion of the project describing the compliance of the activity with the required mitigation measures. Information regarding inspections and other requirements shall be compiled and explained in the report. The report shall be designed to simply and clearly describe whether mitigation measures have been adequately implemented. At a minimum, each report shall identify the mitigation measures or conditions to be monitored for implementation, whether compliance with the mitigation measures or conditions has occurred, the procedures used to assess compliance, and whether further action is required. The monitoring report shall be presented to the City for review and decisions regarding any required action or determination.

5. MITIGATION MONITORING PLAN TABLE
The annual report will verify the implementation of mitigation measures. Table 1 should guide the City in its evaluation and should be the basis for annual reporting.

The column categories identified in Table 1 are described below. ► Mitigation Number – This column lists the mitigation measures according to the mitigation number in the FEIR.
► Mitigation Measure – This column provides the text of the mitigation measures identified in the FEIR.
► Timing/Schedule – This column lists the time frame in which the mitigation will take place. ► Implementation Responsibility – This column identifies the entity responsible for complying with the requirements of the mitigation measure. In most cases, the construction contractor will be responsible for conforming with the mitigation measure. ► Implementation and Verification – These columns are for verifying compliance. The “Action” column describes the type of action taken to verify implementation. The “Date Completed” column is to be dated and initialed by the project manager, or his/her designee, based on the documentation provided by the construction contractors, its agents (qualified individuals), or through personal verification by the City.

7.B.b
Packet Pg. 214 Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, DDA) Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed

3.1-1a 3.1-1b
Relocate or Redesign Resort Residence “A-6” to Avoid Projecting Above the Ridgeline. The location and design of resort residence “A-6” potentially conflicts with (1) Policy NR-C-5 in the City’s General Plan, which states: “Major scenic ridgelines designated on General Plan Figure 8 and highly visible hillsides shall be protected from visually obtrusive development” and (2) Implementation Measure NR-10 of the City’s General Plan which states, in part: “Structural projections above the ridgeline shall not be allowed unless it can be demonstrated that existing natural features will screen the projection.” Therefore, resort residence A-6 shall be relocated and/or redesigned so that no part of the structure projects above the dense tree canopy on the ridgeline. Affordable Housing Site Design to Minimize Impact. When developing design-level specifications and plans for the affordable housing component of the project, City or its designee shall incorporate building elevations, landscaping, color palettes, density patterns, and other design choices, as feasible, that minimize the impact of this project component on scenic resources viewed from the Fox Pond area of the Healdsburg Ridge Preserve.

Before the approval of grading permits or final map. Before approval of a affordable housing project The project applicant for all project phases. City of Healdsburg or City’s designee.

City of Healdsburg Planning and Building and Public Works Departments. City of Healdsburg Planning and Building and Public Works Departments.

3.1-4a Establish and Require Conformance to Lighting Standards and Prepare and Implement a Lighting Plan. To reduce impacts associated with light and glare, including skyglow and scattered light, a lighting plan shall be prepared and submitted to the City for review and approval. The lighting plan shall include the following elements (i.e., performance standards) that address construction and operation of the resort, the resort residences and resort villas, and the community park and fire substation:

Before the approval of grading permits or final maps for all phases.

The project applicant for all project phases.

City of Healdsburg Planning and Building and Public Works Departments.

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Packet Pg. 215
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed Construction Lighting needed for construction activities shall be fully shielded from adjacent residential areas and passing motorists. Resort Residences and Villas The use of mercury vapor or low-pressure sodium for public lighting in residential neighborhoods shall be prohibited. Community Park Lighting needed for nighttime sporting activities shall be shielded from adjacent residential areas and passing motorists. All field lights shall have a manual timer that allows continuous use up to 10:00 p.m. The applicant shall implement the “dimmed” feature in the LSG lighting design to help mitigate the effects of the lighting. This feature will allow the lights to be turned on to full brightness during activities such as a soccer game, while after the game the lights would be switched to a dimmed setting to allow other activities not requiring full brightness (e.g., practices, clean-up). All Project Elements Lights shall be at the minimum allowable light level (footcandles), with cutoff, and shall not spill light onto adjacent properties. The 14-foot street lights in the valleys of the project site, which are proposed with low (70-watt, 0.6 fc) light levels, shall be assumed to meet this requirement. Building materials, lighting, and signage (excluding street signs) within view of Healdsburg Avenue or U.S. 101 shall not have a shiny reflective finish. These materials shall have a flat finish with earth tone colors of dark shades. These materials shall be used on the project site to prevent light and glare from adversely affecting

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Packet Pg. 216
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed motorists on Healdsburg Avenue or U.S. 101. An exterior lighting plan shall be prepared for the buildings and landscape design for review by the City. Lighting fixtures shall be architecturally consistent with the overall site design and character and shall be consistent with the City’s design guidelines. Architectural lighting shall be directed below the horizontal plane and shall not spill beyond the feature intended to be lit. Standards for outdoor lighting (such as using the minimum allowable light level as listed above) shall be established to reduce high-intensity nighttime lighting and glare as part of the Saggio Hills Area Plan design guidelines/standards. Street lighting, parking lot lighting, and other substantial light sources shall be shielded to reduce effects of nighttime lighting. In addition, where applicable, automatic shutoffs or motion sensors shall be used for lighting features to further reduce excess nighttime light. All nighttime lighting shall be shielded to prevent the light from shining off of the surface intended to be illuminated. The lighting plan may be submitted concurrently with other improvement plans, and shall be submitted before the installation of any lighting or the approval of building permits for all phases. The project applicant for all future phases shall implement the approved lighting plan.

3.1-4b Implement Landscaping Plan to Provide a Visual Buffer and to Improve Aesthetics Around Lighted Sports Fields.

To provide a visual buffer between the lighted sports fields and surrounding views, and to improve the aesthetic character of the field portion of the community park in relation to the adjacent neighborhood, the project applicant shall implement the following elements into a landscaping plan for the field portion of the community park:

Before the approval of sports field and lighting building permit.

Project applicant and City of Healdsburg. Applicant’s specific responsibilities City of Healdsburg Planning and Building and Public Works Departments.

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Packet Pg. 217
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed The vegetation species list included in the landscaping plan shall comprise species that are native and indigenous to the project region. The species list shall include evergreen and deciduous trees, shrubs, and an herbaceous understory of varying heights. The chosen plant variety will increase the effectiveness of the screen by providing multiple layers, seasonality, increased habitat diversity, and reduced susceptibility to disease. A landscape architect shall create the planting design to reflect patterns that are in keeping with established neighboring properties to maintain the local character of the adjacent neighborhood. Vegetation will be planted immediately following sports field construction or at the latest within the first year following construction depending on optimal seasonal planting times. An irrigation and maintenance program will be implemented during the plant establishment period and carried on permanently. for visual buffers around the community park are described in the project Development Agreement

3.2-1a Implement Control Measures Recommended by BAAQMD to Limit PM10 Emissions during Construction. The project applicant and construction contractor for all project phases shall implement the following control measures recommended by BAAQMD to limit construction emissions of PM10 (NSCAPCD defers to BAAQMD for recommended mitigation measures):
(a) Water all active construction areas at least twice daily and more often during windy periods. Active areas adjacent to residences should be kept damp at all times. (b) Cover all hauling trucks or maintain at least 2 feet of freeboard. (c) Pave, apply water at least twice daily, or apply (nontoxic) During all phases of project construction.

The project applicant for all project phases and all construction contractors.

City of Healdsburg Planning and Building and Public Works Departments and Northern Sonoma County Air Pollution Control District.

7.B.b
Packet Pg. 218
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed soil stabilizers on all unpaved access roads, parking areas, and staging areas. (d) Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas and sweep streets daily (with water sweepers) if visible soil material is deposited onto the adjacent roads. (e) Hydroseed or apply (nontoxic) soil stabilizers to inactive construction areas (previously graded areas that are inactive for 10 days or more). (f) Enclose, cover, water twice daily, or apply (nontoxic) soil binders to exposed stockpiles. (g) Limit traffic speeds on any unpaved roads to 15 mph. (h) Replant vegetation in disturbed areas as quickly as possible. (i) Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site. (j) Install windbreaks, or plant trees or other vegetative windbreaks at windward side(s) of construction areas. (k) Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph. (l) Limit the area subject to excavation, grading, and other construction activity at any one time. (m) Designate a disturbance coordinator when construction activities occur within 200 feet of sensitive receptors. Prominently post a phone number for this person on the job site, and distribute same to all nearby residents and businesses. The coordinator will respond to and remedy any complaints about dust, exhaust, or other air quality concerns. A log shall be kept of

7.B.b
Packet Pg. 219
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed all complaints and how and when the problem was remedied.

These measures shall be implemented for all areas (both on-site and off-site) where construction activities would occur to reduce fugitive dust emissions.

3.2-1b Implement Further Measures to Reduce Pollutant Emissions.

The project applicant and construction contractor for all project phases shall implement the following measures (in addition to Mitigation Measure 3.2-1a) to reduce exhaust emissions of ROG, NOX, and PM10:
(a) Require that the heavy-duty (i.e., greater than 50 horsepower) off-road vehicles to be used in the construction of the project, including owned, leased, and subcontractor vehicles, would achieve a project wide fleet-average 20% NOX reduction and 45% particulate matter reduction compared to the most recent ARB fleet average at time of construction. Acceptable options for reducing emissions may include use of late-model engines, lowemission diesel products, alternative fuels, engine retrofit technology, after-treatment products, and/or other options as they become available. (b) Install temporary electrical service whenever possible to avoid need for independently powered equipment (e.g., compressors). (c) Turn off diesel equipment standing idle for more than 5 minutes. This would include trucks waiting to deliver or receive soil, aggregate, or other bulk materials. Rotating drum concrete trucks could keep their engines running continuously as long as they were on-site. (d) Properly tune and maintain equipment for low emissions.

During all phases of project construction.

The project applicant for all project phases and all construction contractors.

City of Healdsburg Planning and Building and Public Works Departments and Northern Sonoma County Air Pollution Control District.

7.B.b
Packet Pg. 220
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed

3.2-4 Implement Mitigation Measures 3.2-1a, “Implement Control Measures recommended by BAAQMD to Limit PM10 Emissions during Construction,” and 3.2-1b, “Implement Further Measures to Reduce Pollutant Emissions. Applicant and construction contractor for all project phases shall implement the following control measures recommended by BAAQMD to limit construction emissions of PM10 (NSCAPCD defers to BAAQMD for recommended mitigation measures):
(a) Water all active construction areas at least twice daily and more often during windy periods. Active areas adjacent to residences should be kept damp at all times. (b) Cover all hauling trucks or maintain at least 2 feet of freeboard. (c) Pave, apply water at least twice daily, or apply (nontoxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas. (d) Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas and sweep streets daily (with water sweepers) if visible soil material is deposited onto the adjacent roads. (e) Hydroseed or apply (nontoxic) soil stabilizers to inactive construction areas (previously graded areas that are inactive for 10 days or more). (f) Enclose, cover, water twice daily, or apply (nontoxic) soil binders to exposed stockpiles. (g) Limit traffic speeds on any unpaved roads to 15 mph. (h) Replant vegetation in disturbed areas as quickly as possible.

During all phases of project construction.

The project applicant for all project phases and all construction contractors.

City of Healdsburg Planning and Building and Public Works Departments and Northern Sonoma County Air Pollution Control District.

7.B.b
Packet Pg. 221
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed (i) Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site. (j) Install windbreaks, or plant trees or other vegetative windbreaks at windward side(s) of construction areas. (k) Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph. (l) Limit the area subject to excavation, grading, and other construction activity at any one time. (m) Designate a disturbance coordinator when construction activities occur within 200 feet of sensitive receptors. Prominently post a phone number for this person on the job site, and distribute same to all nearby residents and businesses. The coordinator will respond to and remedy any complaints about dust, exhaust, or other air quality concerns. A log shall be kept of all complaints and how and when the problem was remedied.

These measures shall be implemented for all areas (both on-site and off-site) where construction activities would occur to reduce fugitive dust emissions.

3.2-4a Implement Recommendations Contained in the Asbestos Report Related to Construction in Serpentinite Soils.

The project applicant for all project phases shall implement all recommended engineering controls contained in the Kleinfelder (2006) letter report Naturally Occurring Asbestos Sampling Results (Appendix G). Engineering controls shall comply with the standards required by 17 California Code of Regulations ("CCR") Section 93501, “Asbestos Airborne Toxic Control Measure for Construction, Grading, Quarrying, and Surface Mining Operations," ("Section 93501 standards") and shall include, but are not limited to:

Before commencement of the first phase of construction and throughout the project construction period The project applicant for all project phases and all construction contractors.

City of Healdsburg Planning and Building and Public Works Departments and Northern Sonoma County Air Pollution Control

7.B.b
Packet Pg. 222
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed • track-out prevention for vehicles leaving the project site, • covering or wetting soil storage piles, • washing equipment prior to exiting the project site, • watering construction areas during earth-moving activities, • excavation of serpentinite soils in the proposed park area to a depth of 3 inches or more and replacement with engineered fill material that does not contain asbestos, • air monitoring of asbestos during construction activities (if required by NSCAPCD), and
• post construction stabilization of disturbed areas with vegetative cover.

District.

3.2-4b Prepare and Implement an Asbestos Dust Control Plan.

The project applicant shall prepare an Asbestos Dust Control Plan for approval by the Northern Sonoma County Air Pollution Control District (NSCAPCD) which conforms to the Section 93501 standards. The Asbestos Dust Control Plan shall specify measures, such as periodic watering to reduce airborne dust and ceasing construction during high winds, that will be taken to ensure that no visible dust crosses the property line. The project applicant shall submit the plan to the City Planning and Building Department for review and NSCAPCD for review and approval before construction of the first project phase. The plan shall not be approved unless it meets the Section 93501 standards and any other applicable NSCAPD standards. NSCAPCD approval of the plan must be received before any asbestos-containing rock (serpentinite) can be disturbed. Upon approval of the Asbestos Dust Control Plan by NSCAPCD, the applicant shall ensure that Before commencement of the first phase of construction and throughout the project construction period The project applicant for all project phases and all construction contractors.

City of Healdsburg Planning and Building and Public Works Departments and NSCAPD

7.B.b
Packet Pg. 223
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed construction contractors implement the terms of the plan throughout the construction period.

3.3-2 Implement Minimization Measures to Avoid Potential Impacts on Nesting Special-Status Bird Species and Other Nesting Birds. The following measures shall be implemented by the project applicant of all project phases to avoid potential adverse effects on nesting special-status bird species and other nesting birds: A qualified wildlife biologist shall conduct preconstruction surveys of all potential nesting habitat within 500 feet of construction activities. Preconstruction surveys shall occur no later than 2 weeks before the start of construction activities. If active nests of raptors or other bird species are found during preconstruction surveys, a no-disturbance buffer zone shall be created around active nests during the breeding season or until a qualified biologist determines that all young have fledged (i.e., left the nest). The size of the buffer zones and types of construction shall be determined in consultation with DFG and shall be based on existing noise and human disturbance levels at the project site. If preconstruction surveys indicate that nests are inactive or potential habitat is unoccupied during the construction period, no further mitigation is required. Trees, shrubs, and buildings that have been determined to be unoccupied by special-status birds or that are located more than 500 feet from active nests may be removed, subject to all other state and local laws, including conservation plans.

For avoidance, March 1–September 1; for minimization, 2 weeks before start of construction.

The project applicant for all project phases.

City of Healdsburg Planning and Building Department and City Forester.

3.3-3 Perform Predemolition Surveys and If Roosting Bats Are Found, Postpone Demotion Until Young are Reared and Able to Forage on Their Own.

Before on-site building demolition.

The projectapplicant for all project phases.

City of Healdsburg Planning and Building

7.B.b
Packet Pg. 224
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed Before demolition of any of the abandoned buildings on the project site, a qualified biologist shall conduct a predemolition building survey of each building to be demolished to determine if roosting bats are present. The biologist shall be experienced in and familiar with bat biology and able to recognize evidence of bat use. If abandoned buildings are being used by bats as a maternity roost, demolition of identified buildings shall be postponed until the young are reared and able to forage on their own as determined by a qualified biologist.

Department.

3.3-5a Mitigate for the Loss of Heritage Trees in Accordance with the Healdsburg Zoning Ordinance Heritage Tree Protection Requirements. In accordance with the Healdsburg Zoning Ordinance Heritage Tree Protection Requirements, any heritage trees (30 inches or greater in diameter at breast height) that are to be removed must be replaced at a ratio of three new trees for every heritage tree removed, planted on the project site. If the Planning and Building Director determines that it would be infeasible to plant all of the replacement trees on the same site or within immediately adjacent right-of-way, both to allow retention of existing riparian habitat and to allow for creek restoration and enhancement as rights-ofway, an in-lieu equivalent fee for the excess trees may be paid into the City’s Tree Planting and Maintenance Fund.

After final plans and specifications are prepared for each phase so the exact number of trees have been determined The project applicant for all project phases.

City of Healdsburg Planning and Building Department

3.3-5b Avoid Encroachment into Oak Woodlands during
Construction and Develop and Implement an Oak Tree Protection and Monitoring Plan. To ensure that the minimum number of trees are removed, the project applicant shall flag the boundaries of land grading within the oak woodland so that grading, earthmoving, and construction activities do not inadvertently encroach into the oak woodlands.

After final plans and specifications and before issuance of the grading permit The project applicant for all project phases.

City of Healdsburg Planning and Building Department

7.B.b
Packet Pg. 225
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed All trees that are to remain within the construction area shall be protected with orange safety fencing or a similar type of measure that clearly identifies the trees as to be saved. Grading, compaction, and trenching activities under the dripline of trees to remain shall be kept to a minimum. The above activities shall be supervised by a qualified arborist or ecologist. A qualified arborist or ecologist shall develop an oak tree protection and monitoring plan that is specific to the affected areas. The oak tree protection and monitoring plan shall include performance standards including, but not limited to, providing a site-specific tree preservation plan for each phase of development and requiring the monitoring and replacement (at a 3:1 ratio as required by City code) of oak trees damaged or destroyed during construction. The project applicant shall retain a qualified arborist or ecologist to monitor the replacements for a 10-year period. All planted trees shall have no less than 70% survival rate at the end of the 10-year monitoring period. Furthermore, the application shall identify compatible uses with oak trees and incompatible uses (e.g., planting lawns under the dripline); these compatible and incompatible uses shall be integrated into the covenants, codes, and restrictions of the homeowners association that will be established as part of the project.

3.3-5c Obtain Heritage Tree Removal Permit.

Before the start of project-related activities, the project applicant shall obtain a heritage tree removal permit from the City of Healdsburg with the policy of 3:1 replacement. Replacement shall be on the project site to the extent feasible. If the Planning and Building Director determines that it would be infeasible to plant all of the replacement trees on the same site or within immediately adjacent rights-of-way, an in-lieu equivalent fee may be paid into During preparation of plans and specifications, and during and after construction The project applicant for all project phases.

City of Healdsburg Planning and Building Department and City Forester; and

7.B.b
Packet Pg. 226
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed the City’s Tree Planting and Maintenance Fund for the trees that cannot be accommodated on the site.

3.3-5d Perform Bridge Construction during the Dry Season and Take Measures to Prevent Water Pollution from Concrete. All earthmoving, ground clearing, grading, and bridge construction activities within 35 feet of the unnamed tributary to Foss Creek shall be conducted during the dry-season low-flow period (May 1 through October 1). During bridge construction, the following measures shall be implemented by the project applicant:

If applicable, poured concrete shall be excluded from the wetted channel for a period of 30 days after it is poured. A DFG-approved commercial sealant may be applied to the poured concrete surfaces if streamflows are expected to come into contact with the concrete before the end of the 30-day period. If a sealant is used, water shall be excluded from the site until the sealant is dry. If applicable, and to the extent feasible, disturbed channel banks shall be returned to original grade and revegetated with native plant species. The use of hardscape scour protections, such as riprap, at the abutments shall be minimized.

Before preparation of plans and specifications
The project applicant for all project phases.

City of Healdsburg Planning and Building Department

3.3-5e Develop Streambank Monitoring Program, Monitor Stream Erosion along the Primary Drainages, and Implement Additional Restoration Measures if Erosion Continues or Worsens. To determine whether the increase in nonpermeable surfaces (e.g., roads, building roofs, parking lots) would lead to bank erosion or downcutting, the project applicant shall monitor any changes to the two primary drainages, the unnamed tributary drainage that enters Foss Creek from the north through a monitoring program to For a minimum of 5 years after project buildout
The project applicant for all project phases.

City of Healdsburg Planning and Building and Public Works Departments

7.B.b
Packet Pg. 227
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed be implemented as part of the project’s restoration efforts. The project applicant shall retain a qualified restoration ecologist and geomorphologist to monitor stream erosion along these drainages. Monitoring shall occur for a minimum of 5 years after project infrastructure buildout to capture potential changes caused by the project as well as several rainy seasons. If erosion along these drainages is found to continue or worsen, additional restoration measures identified by the restoration ecologist and geomorphologist shall be implemented to reverse the damage and restore the streambanks to preconstruction condition. Compliance with specific standards contained in the master drainage plan required by Mitigation Measure 3.7-2 below will also protect streambanks from erosion that could otherwise be caused by excessive or uncontrolled runoff.

3.3-5f Replace Oak Trees 6” Removed From the Site and Include in the CC&Rs Enforcement Provisions For Unauthorized
Cutting of Oak Trees. All oak trees removed in the course of Project construction shall be replaced, using a 1:1 ratio for non-heritage trees and a 3:1 ratio for heritage trees. The Applicant shall also maintain a program which will gather and germinate acorns from oak trees on the Project site, in order to replant with identical site-specific oak tree stock, as appropriate, under the supervision of a qualified arborist or ecologist, including on-going monitoring and replacement as required. CC&Rs required by the development agreement and as a condition of approval of the subdivision map for the Project are required to contain a prohibition on cutting of all trees by individual homeowners in any common area and further limit the ability of individual homeowners to cut oaks on their own property, thus further mitigating oak tree removal.

Prior to issuance of an occupancy permit for the associated development, or if multiple structures are constructed in a single phase prior to the first occupancy permit (for tree replacement); prior to approval of a final map for the resort (for the CC&Rs).

The project applicant for all project phases.

City of Healdsburg Planning and Building, Community Services and Public Works Departments

7.B.b
Packet Pg. 228
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed

3.3-6a Secure Clean Water Act Section 404 and 401 Permits and Implement All Permit Conditions, and Ensure No Net Loss of Wetlands, Other Waters of the United States, and Associated Functions and Values. Before the approval of grading and improvement plans and before any groundbreaking activity, the project applicant for each project phase requiring the fill of wetlands or other waters of the United States or waters of the state shall obtain all necessary permits under Sections 401 and 404 of the CWA or the State’s PorterCologne Act. The project applicant shall commit to replace, restore, or enhance on a “no net loss” basis (in accordance with USACE and the North Coast RWQCB) the acreage of all wetlands and other waters of the United States subject to USACE jurisdiction and waters of the state subject to RWQCB jurisdiction that would be removed, lost, and/or degraded with implementation of project plans. Wetland habitat shall be restored, enhanced, and/or replaced at an acreage and location and by methods agreeable to USACE and the North Coast RWQCB, and the City, as appropriate depending on agency jurisdiction, and as determined during the Section 401 and Section 404 permitting processes. To accomplish this mitigation, the project applicant shall take the following steps:
As part of the Section 404 permitting process, a proposed wetland and creekbed mitigation plan has been developed for the project (Appendix M) by Charles Patterson on behalf of the project applicant. Before any ground-disturbing activities that would adversely affect wetlands and before engaging in mitigation activities associated with each phase of development, the project applicant shall obtain approval of Before the approval of grading or improvement plans or any grounddisturbing activities for any project development phase containing wetland features. The mitigation and monitoring plan must be approved before any impact on wetlands can occur. Mitigation shall be implemented on an ongoing basis throughout and after construction, as required.

The project applicant for all project phases.

U.S. Army Corps of Engineers, the North Coast Regional Water Quality Control Board, California Department of Fish and Game, and City of Healdsburg Planning and Building and Public Works Departments, as appropriate depending on agency jurisdiction, and as determined during the Section 401, Section 404, and 1602 permitting processes.

7.B.b
Packet Pg. 229
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed the proposed wetland and creekbed mitigation plan from USACE, the North Coast RWQCB, and the City for review and approval of those portions of the plan over which they have jurisdiction. Once the mitigation plan is approved and implemented, mitigation monitoring will continue for a minimum of 5 years from completion of mitigation, or human intervention, or until the performance standards identified in the approved mitigation plan have been met, whichever is longer. The plan shall be prepared to the satisfaction of the City, in accordance with the City’s Grading and Erosion Control Ordinance, as well as to the satisfaction of those agencies with jurisdiction over all or portions of the plan. In conjunction with preparation and implementation of an approved wetland mitigation plan, the project applicant shall prepare and submit plans for the creation of jurisdictional waters of the United States, including wetlands, at an adequate mitigation ratio to offset the aquatic functions and values that would be lost at the project site, account for the temporal loss of habitat, and contain an adequate margin of safety to reflect anticipated success. The mitigation and monitoring plans must demonstrate how the aquatic functions and values that would be lost through project implementation will be replaced. The habitat mitigation and monitoring plan for jurisdictional wetland features will need to be consistent with USACE’s December 30, 2004, Habitat Mitigation and Monitoring Proposal Guidelines. The wetland mitigation and monitoring plan shall also describe specific method(s) to be implemented to avoid and/or mitigate any potential off-site project-related impacts. The wetland creation section of the habitat mitigation and

7.B.b
Packet Pg. 230
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed monitoring plan shall include the following: target areas for creation; a complete biological assessment of the existing resources in the target areas;
specific creation and restoration plans for each target area;
performance standards for success that will illustrate that the compensation ratios are met; and
a monitoring plan, including schedule and annual-report format.

The project applicant shall secure the permits and regulatory approvals described below and shall implement all permit conditions. For each respective phase, all permits, regulatory approvals, and permit conditions for effects on wetland habitats shall be secured before implementation of any grading activities. Authorization to place dredged or fill material into waters of the United States shall be secured from USACE through the CWA Section 404 permitting process before any fill is placed in jurisdictional wetlands or other waters of the United States. USACE has determined that the project will require an individual permit (i.e., more than 0.5 acre of wetlands would be affected). In its final stage and once approved by USACE, the proposed mitigation and monitoring plan for the project is expected to detail proposed wetland restoration, enhancement, and/or replacement activities that would ensure no net loss of aquatic functions and values in the project vicinity. Approval and implementation of the wetland mitigation and monitoring plan shall fully mitigate all impacts on jurisdictional waters of the United States, including jurisdictional wetlands. In addition to USACE approval, approval

7.B.b
Packet Pg. 231
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed by the City and the North Coast RWQCB, as appropriate depending on agency jurisdiction, and as determined during the Section 401 and Section 404 permitting processes, will also be required. To satisfy the requirements of the City and the North Coast RWQCB, mitigation of impacts on nonjurisdictional wetlands beyond the jurisdiction of USACE shall be included in the same mitigation and monitoring plan. All mitigation requirements determined through this process shall be implemented before grading plans are approved. Wetland mitigation must be approved before any impacts on wetlands commence. Water quality certification pursuant to Section 401 of the CWA will be required before issuance of a Section 404 permit. Before construction in any areas containing wetland features, the project applicant shall obtain water quality certification for the applicable phase of the project. Any measures required as part of the issuance of water quality certification shall be implemented. If Section 401 and 404 permit requirements ensure no net loss of all wetland features, and these requirements are addressed before any ground-disturbing activities, no additional mitigation will be required by the City. Written approval from the City indicating that these requirements fulfill all no-net-loss obligations must be obtained before the approval of grading or improvement plans or any ground-disturbing activities in any project phase containing wetland features.

3.3-6b Secure Section 1602 Lake and Streambed Alteration Agreement and Implement All Permit Conditions. The project applicant shall secure a Section 1602 Lake and Streambed Alteration Agreement for activities that would do any of the following: (1) substantially obstruct or divert the natural Before the approval of grading or improvement plans or any The project applicant for all project phases.

U.S. Army Corps of Engineers, the North Coast Regional

7.B.b
Packet Pg. 232
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed flow of a river, stream, or lake; (2) substantially change or use any material from the bed, channel, or bank of a river, stream, or lake; or (3) deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it can pass into a river, stream, or lake. Fish and Game Code Section 1602 applies to all perennial, intermittent, and ephemeral rivers, streams, and lakes in the state. DFG received a Notification of Lake or Streambed Alteration from the project applicant on January 30, 2007. grounddisturbing activities for any project development phase containing wetland features. The mitigation and monitoring plan must be approved before any impact on wetlands can occur. Mitigation shall be implemented on an ongoing basis throughout and after construction, as required.

Water Quality Control Board, California Department of Fish and Game, and City of Healdsburg Planning and Building and Public Works Departments, as appropriate depending on agency jurisdiction, and as determined during the Section 401, Section 404, and 1602 permitting processes.

3.4-2 Provide Preconstruction Worker Education and Stop Potentially Damaging Work If Cultural Resources are Uncovered. Before initiation of each phase of construction or grounddisturbing activities associated with the project, the project applicant shall require all construction personnel to participate in a worker education meeting to better understand the types of buried At the beginning of construction of all project phases and when resources are found The project applicant for all project phases and the construction contractor.

City of Healdsburg Planning and Building and Public Works Departments.

7.B.b
Packet Pg. 233
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed cultural resources that may be uncovered by project construction and their responsibilities under California state law if buried cultural resources are uncovered. The general contractor, its supervisory staff, and machinery operators shall be responsible for monitoring the construction project for disturbance of cultural resources. If evidence of archaeological or historic-era resources is uncovered during project construction, work in the vicinity of the find shall be halted until the discovery can be evaluated and treated. If unusual amounts of stone (more than a 10% increase over adjacent areas) or any artifacts, bone, or shell are uncovered during construction activities, work within 50 feet of the specific location at which the suspected resources have been uncovered shall be suspended, and the project applicant and lead agency shall be immediately contacted. At that time, the project applicant shall retain a professional archaeologist, who shall conduct a field investigation of the specific site and recommend mitigation deemed necessary for the protection or recovery of any cultural resources concluded by the archaeologist to represent significant or potentially significant resources (as defined by CEQA or the NHPA). The City of Healdsburg Planning and Building Department shall ensure that the mitigation is implemented before the resumption of construction activities at the location of the find.

3.4-3 Provide Preconstruction Worker Education and Stop Potentially Damaging Work If Human Remains are Uncovered. Before initiation of construction or ground-disturbing activities associated with the project, the project applicant shall require all construction personnel to be alerted to the possibility of buried Native American burials/human remains. The general contractor and its supervisory staff shall be responsible for monitoring the construction project for disturbance of human remains. If evidence When human remains are found.

The project applicant for all project phases and the construction contractor.

City of Healdsburg Planning and Building and Public Works Departments.

7.B.b
Packet Pg. 234
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed of human remains is uncovered during project construction, work in the vicinity of the find shall be halted until the burials can be evaluated and treated. In accordance with the California Health and Safety Code, if human remains are uncovered during grounddisturbing activities, the contractor and/or the project applicant shall immediately halt potentially damaging excavation in the area of the burial and notify the Sonoma County Coroner and a professional archaeologist to determine the nature of the remains. The coroner is required to examine all discoveries of human remains within 48 hours of receiving notice of a discovery on private or state lands (Health and Safety Code Section 7050.5[b]). If the coroner determines that the remains are those of a Native American, he or she must contact the NAHC by phone within 24 hours of making that determination (Health and Safety Code Section 7050[c]). Following the coroner’s findings, the property owner, contractor or project applicant, an archaeologist, and the NAHC-designated Most Likely Descendant (MLD) shall determine the ultimate treatment and disposition of the remains and take appropriate steps to ensure that additional human interments are not disturbed. The responsibilities for acting upon notification of a discovery of Native American human remains are identified in PRC Section 5097.9. Upon the discovery of Native American remains, the project applicant shall ensure that the immediate vicinity (according to generally accepted cultural or archaeological standards and practices) is not damaged or disturbed by further development activity until consultation with the MLD has taken place. The MLD shall have 48 hours to complete a site inspection and make recommendations after being are granted access to the site. A range of possible treatments for the remains, including nondestructive removal and analysis, preservation in place,

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Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed relinquishment of the remains and associated items to the descendants, or other culturally appropriate treatment may be discussed. PRC Section 5097.9 suggests that the concerned parties may extend discussions beyond the initial 48 hours to allow for the discovery of additional remains. The following is a list of site protection measures that the landowner shall employ: (1) Record the site with the NAHC or the appropriate Information Center. (2) Utilize an open-space or conservation zoning designation or easement. (3) Record a document with the county in which the property is located. The project applicant or their authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance if the NAHC is unable to identify a MLD or the MLD fails to make a recommendation within 48 hours after being granted access to the site. The landowner or their authorized representative may also reinter the remains in a location not subject to further disturbance if they reject the recommendation of the MLD, and mediation by the NAHC fails to provide measures acceptable to the project applicant.

3.5-1a Update Recommendations from Preliminary Geotechnical Report, Prepare a Final Geotechnical Report and Implement All Applicable Geotechnical Recommendations from Both Reports. Kleinfelder has prepared a preliminary geotechnical report for the project that includes recommendations for construction and design (Kleinfelder 2004). Although these recommendations remain Before approval of grading permits or final map for geotech report and onsite monitoring throughout earthThe project applicant for all project phases. City of Healdsburg Planning and Building and Public Works Departments.

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Packet Pg. 236
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed generally applicable to the project site, they were based on a previous project design that has been modified. In particular, the recommendations for specific lot modifications require updating to reflect the revised lot pattern. As a result, before the approval of grading plans for all project phases, a final geotechnical subsurface investigation report updating the existing recommendations shall be prepared by the project applicant for the proposed development and shall be submitted to the City. The final geotechnical engineering report shall address and make (or update) recommendations on the following:
site preparation; appropriate sources and types of fill; potential need for soil amendments; road, pavement, and parking areas; structural foundations, including retaining wall design; grading practices; erosion/winterization; and site-specific seismic design parameters.

Although the project site is located in Seismic Zone 4 according to the UBC, the project site contains active and/or potentially active fault traces that may not be accounted for in the current seismic zone designation. Therefore, the final geotechnical report shall include or update site-specific seismic design calculations and engineering recommendations to address the potential for strong seismic ground shaking. The final geotechnical report shall also include or update subsurface testing of soil and groundwater conditions and determine appropriate foundation designs that are consistent with the CBC. The final geotechnical study shall include a precise determination moving activities as recommended in the geotechnical engineering report and/or City requirements.

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Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed of the location of active and/or potentially active fault traces at the project site. Where possible, underground utilities shall avoid crossing active fault traces. If this is not possible, flexible utility connections and/or shut off valves shall be placed at active fault crossings to reduce damage and loss of service in the event of fault rupture. No buildings intended for human occupancy shall be placed within 50 feet of any of the active fault traces. The final geotechnical study shall also include site-specific subsurface investigations of all landslide areas that affect project facilities (e.g., roads, structures, underground utilities) and cut or fill slope sites. The investigation shall include subsurface testing to confirm the extent of landslides and delineate landslide limits in areas where project facilities are affected by landsliding. The report shall include specific recommendations for each landslide area that affects the project and larger (greater than 10 feet in vertical height) cut and fill slopes. Recommendations to address construction in landslide areas may include removal and replacement of soils with engineered fill and/or installation of retaining walls. All appropriate recommendations made by the geotechnical engineer shall be implemented. All generally accepted engineering design requirements indicated as the result of the final geotechnical report shall be incorporated into the design of the Project components. With incorporation of all engineering requirements, the Project components will be constructed so that they do not present a significant geological hazard either on or off-site. Recommendations contained in the geotechnical engineering reports shall be noted on the grading plans and implemented as appropriate before the issuance of building permits. Design and construction of all new development in all phases of the project

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Packet Pg. 238
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed shall be in accordance with the CBC. It is the responsibility of the project applicant to provide for engineering inspection and certification proof that earthwork has been performed in conformity with the recommendations contained in the report. All appropriate recommendations made by the geotechnical engineer shall be implemented.

3.5-1b Provide On-Site Monitoring by a Geotechnical Engineer.

As recommended in the preliminary geotechnical report (Kleinfelder 2004), all earthwork shall be monitored by a geotechnical engineer retained by the project applicant for all project phases. The geotechnical engineer shall provide oversight during all excavation, placement of fill, and disposal of materials removed from and deposited on the project site and other sites.

Before approval of grading permits or final map for geotech report and onsite monitoring throughout earthmoving activities as recommended in the geotechnical engineering report and/or City requirements.

The project applicant for all project phases.

City of Healdsburg Planning and Building and Public Works Departments.

3.5-2a Prepare and Implement a Grading and Erosion Control Plan.

A grading and erosion control plan shall be prepared by a California Registered Civil Engineer retained by the project applicant for all project phases. At a minimum, all slopes over 25 feet in vertical height shall be equipped with terraces containing concrete-lined drainage ditches. In addition, all lots shall be graded to drain away from structures. The grading and erosion control plan shall be submitted to the City Public Works Department before approval of any final map for all new Before the approval of grading permit or final map for all project phases.

The project applicant for all project phases.

City of Healdsburg Planning and Building and Public Works Departments.

7.B.b
Packet Pg. 239
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed development within the project site. The plan shall be consistent with Appendix Chapter 33 of the CBC as well as the City’s Stormwater Ordinance and Stormwater Management Plan and shall include the site-specific grading associated with development for all project phases. The plan shall include the location, implementation schedule, and maintenance schedule of all erosion and sediment control measures, including construction and postconstruction measures; a description of measures designed to control dust and stabilize the construction-site road and entrance; and a description of the location and methods of storage and disposal of construction materials. Erosion and sediment control measures could include the use of detention basins, berms, swales, wattles, and silt fencing. Stabilization of construction entrances to minimize trackout (control dust) is commonly achieved by installing and maintaining filter fabric and crushed rock to a depth of approximately 1 foot. The project applicant shall ensure that the construction contractor is responsible for securing a source of transportation and deposition of excavated materials.

3.5-2b Prepare and Implement a Stormwater Pollution Prevention Plan and any Other Necessary Engineering Plans and
Specifications for Pollution Prevention and Control. Before the approval of grading permits and improvement plans, the project applicant for all project phases shall consult with the City, the State Water Resources Control Board (SWRCB), and the North Coast Regional Water Quality Control Board to acquire the appropriate regulatory approvals that may be necessary to obtain Section 401 water quality certification, a SWRCB statewide stormwater permit for general construction activity under the National Pollutant Discharge Elimination System (NPDES), and any other necessary site-specific waste discharge requirements or waivers required under the Porter-Cologne Act. The project Before the approval of grading permits and improvement plans.

The project applicant for all project phases
City of Healdsburg Planning and Building and Public Works Departments, California State Water Resources Control Board, and the North Coast Regional

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Packet Pg. 240
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed applicant shall prepare and submit the appropriate notice of intent and prepare a stormwater pollution prevention plan (SWPPP) and any other necessary engineering plans and specifications for pollution prevention and control. Best management practices (BMPs) identified in the SWPPP shall be in place throughout all site work and construction and shall be used in all subsequent site development activities. The project applicant has proposed BMPs as described in Table 3.7-2 in Section 3.7, “Hydrology and Water Quality.” Additional BMPs that shall be incorporated into the SWPPP are identified in Mitigation Measure 3.7-1.

Water Quality Control Board.

3.5-3 Implement Recommendations Contained in the Geotechnical Report (Mitigation Measure 3.5-1a) Related to Construction on Unstable Soils. The final geotechnical report required in Mitigation Measure 3.5-1a (to be prepared and submitted to the City Planning and Building and Public Works Departments for review and approval) shall determine the areas at risk from debris flows/soil slips/soil creep and provide specific recommendations for design of project structures. Debris flow hazards could be addressed by (1) avoiding debris flow paths, (2) constructing catchment/diversion structures, (3) removing or stabilizing potential source deposits, or (4) adding protective subdrainage. The design of such measures shall be based on an assessment of the potential size and velocity of the flows and their probable paths, as determined by the geotechnical engineer. All recommendations made by the geotechnical engineer shall be implemented by the project applicant of all project phases.

Before the approval of grading permit or final map for all project phases and on-site monitoring throughout earthmoving activities as recommended in the geotechnical engineering report and/or City requirements.

The project applicant for all project phases.

City of Healdsburg Planning and Building and Public Works Departments.

3.5-4 Implement Recommendations Contained in the Final
Geotechnical Report (Mitigation Measure 3.5-1a) Related to Construction on Expansive Soils.

Before the approval of grading permit or
The project applicant for all project
City of Healdsburg Planning and

7.B.b
Packet Pg. 241
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed The final geotechnical report required in Mitigation Measure 3.5-1a (to be prepared and submitted to the City Planning and Building and Public Works Departments for review and approval) shall identify areas of critically expansive soils and make recommendations to address proper engineering design of structures that would be placed in those areas. Recommendations could include utilization of pier-and-grade foundations or posttensioned mat foundation systems underlain by soil that has been properly moisture conditioned. All recommendations made by the geotechnical engineer shall be implemented by the project applicant of all project phases. final map for all project phases.
phases Building and
Public Works Departments.

3.5-5 Implement Mitigation Measure 3.2-4a (contained in Section

3.2, “Air Quality”). The project applicant for all project phases shall implement all recommended engineering controls contained in the Kleinfelder (2006) letter report Naturally Occurring Asbestos Sampling Results (Appendix G). Engineering controls shall conform to the standards set in 17 CCR Section 93501 and shall include, but are not limited to:
• track-out prevention for vehicles leaving the project site, • covering or wetting soil storage piles, • washing equipment prior to exiting the project site, • watering construction areas during earth-moving activities, • excavation of serpentinite soils in the proposed park area to a depth of 3 inches or more and replacement with engineered fill material that does not contain asbestos, • air monitoring of asbestos during construction activities (if required by NSCAPCD), and
• post construction stabilization of disturbed areas with Before commencement of the first phase of construction and throughout the project construction period The project applicant for all project phases and all construction contractors.

City of Healdsburg Planning and Building and Public Works Departments and Northern Sonoma County Air Pollution Control District.

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Packet Pg. 242
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed vegetative cover.

3.6-1 Implement Appropriate Measures to Prevent the Exposure of Construction Workers and the General Public to Potential On-Site Hazardous Materials. If during site preparation and construction activities previous undiscovered or unknown USTs or evidence of hazardous materials contamination is observed or suspected through either obvious or implied measures (i.e., stained or odorous soil), construction activities shall immediately cease in the area of the find. The City of Healdsburg Fire Department staff shall be immediately consulted regarding remediation requirements, if any. In addition, the project applicant shall contract with a qualified consultant registered in DTSC's Registered Environmental Assessor Program to assess the situation. The Registered Environmental Assessor shall collect soil samples to determine whether the site has been adversely affected by past activities. The samples shall be analyzed for the contaminants determined to be a potential health concern by the environmental professional. Any contaminated areas shall be remediated in accordance with recommendations made by the City of Healdsburg Fire Department, North Coast RWQCB, DTSC, or other appropriate federal, state, or local regulatory agencies as generally described above. Site preparation and construction activities shall not proceed until remediation is completed to the satisfaction of the City of Healdsburg Fire Department. See also Mitigation Measures 3.2-4a and 3.2-4b.

Before the start of grounddisturbing activities and during construction for each phase of project development.

The project applicant for all project phases.

City of Healdsburg Planning and Building and Fire Departments, and other regulatory agencies such as Sonoma County Waste Management Agency, California Department of Toxic Substances Control, or North Coast Regional Water Quality Control Board, if warranted

3.6-2 Implement Mitigation Measures 3.2-4a “Implement
Recommendations Contained in the Asbestos Report Related The project applicant for all
Before the start of
City of Healdsburg

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Packet Pg. 243
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed to Construction in Serpentinite Soils,” and 3.2-4b, “Prepare and Implement Dust Control Plan” (contained in Section 3.2, “Air Quality”). project phases. grounddisturbing
activities and during construction for each phase of project development.

Planning and Building and Fire Departments, and other regulatory agencies such as Sonoma County Waste Management Agency, California Department of Toxic Substances Control, or North Coast Regional Water Quality Control Board, if warranted.

3.7-1 Prepare and Implement a Stormwater Pollution Prevention Plan and any Other Necessary Engineering Plans and Specifications for Pollution Prevention and Control. As described in Mitigation Measure 3.5-2b, before the approval of grading permits and improvement plans, the project applicant for all project phases shall consult with the City, the SWRCB, and the North Coast RWQCB to acquire the appropriate regulatory approvals that may be necessary to obtain Section 401 water quality certification, an SWRCB statewide NPDES stormwater permit for general construction activity, and any other necessary Before construction of any project phase, with implementation of the SWPPP to continue through all construction phases. Temporary The project applicant for all project phases.

City of Healdsburg Planning and Building and Public Works Departments, the State Water Resources Control Board,

7.B.b
Packet Pg. 244
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed site-specific WDRs or waivers under the Porter-Cologne Act. The project applicant shall prepare and submit the appropriate NOIs and prepare the SWPPP and any other necessary engineering plans and specifications for pollution prevention and control. Where applicable, BMPs identified in the SWPPP shall be in place throughout all site work and construction and shall be used in all subsequent site development activities. The project applicant has proposed BMPs as shown in Table 3.7-2 [attached at end of this MMRP]. Additional BMPs that shall be incorporated into the SWPPP are identified in Table 3.7-5 [attached at end of this MMRP]. All construction contractors shall retain a copy of the approved SWPPP on the construction site. constructionrelated BMPs shall be in place until permanent BMPs are in place and/or temporary BMPs are no longer required. and the North Coast Regional Water Quality Board.

3.7-2 Prepare and Implement a Drainage Plan.

The project applicant shall develop and implement a master drainage plan (also referred to as a runoff design report) for the project and shall submit the plan to the City Public Works Department for review and approval. A registered civil engineer shall develop the drainage plan before project construction occurs and the project applicant shall implement the recommendations of the drainage plan. The plan shall include the following items: *existing conditions (i.e., existing land use – open space and agricultural); *alternative design (developed conditions without BMPS –does not include the proposed drainage system; *proposed project (developed condition with BMPs as proposed in Table 3.7-3); *an accurate calculation of preproject and postproject runoff scenarios, obtained using appropriate engineering methods, that Before approval of grading plan or final map, whichever comes first, for all project phases and continuing through ongoing long-term maintenance of source controls and other BMPs The project applicant for all project phases.

One or more owners or a master association for long-term maintenance of the source controls and other related BMPs, pursuant to one or more operating agreements, and as recorded in the project Covenants,

7.B.b
Packet Pg. 245
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed accurately evaluates potential changes to runoff quality and quantity, including increased surface runoff; *an assessment of existing drainage facilities in the project area and an inventory of necessary upgrades, replacements, or redesigns; *a description of the proposed maintenance program for the onsite drainage system; *project-specific standards for installing drainage systems; and *compliance with the Sonoma County Water Agency Flood Control Design Criteria Manual and the City of Healdsburg Public Works Department Engineering Design Standards.

The master drainage plan shall demonstrate to the satisfaction of the City Public Works Department that runoff from the site would be appropriately channeled and contained, such that the risk to people or damage to structures within or downgradient to the project site would not occur, and that the drainage system and BMPs would function effectively in the removal of urban runoff pollutants.

Codes and Restrictions (CC&Rs); City of Healdsburg Public Works Department for those portions dedicated to a public entity such as the public park, Healdsburg Avenue, and Passalacqua Drive; City of Healdsburg Planning and Building Department.

3.7-2 Prepare and Implement a Drainage Plan.

Implementation of Mitigation Measure 3.7-2 would reduce the potentially significant impact related to flooding hazards to a lessthan-significant level because the project applicant for all project phases would conform to applicable state and local regulations regulating flooding and flooding hazards. The design criteria summarized in Mitigation Measure 3.7-2 and described in the preliminary master drainage plan and hydrology and hydraulics study (Carlile Macy 2006a, 2007) are designed to meet or exceed the requirements of the City’s SWMP (City of Healdsburg 2005a). Rainfall, soils, the rainfall runoff curve, and other data specific to

7.B.b
Packet Pg. 246
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed the project site and vicinity (criteria from the Sonoma County Water Agency Flood Control Design Criteria Manual as set forth by the City’s Engineering Design Standards) have been used in the design specifications for proposed stormwater drainage system. Approaches to drainage system design similar to those of the proposed project have been successfully implemented to safely and effectively contain, detain, and convey the 100-year, 48-hour storm event (CASQA 2003).

3.8 There are no potentially and or significant impacts, thus there are no mitigation measures for Land Use Planning and Agriculture.

3.9-1 Implement Measures to Reduce Temporary, Short-Term Project-Generated Noise Levels from Construction. To reduce impacts associated with noise generated during construction/demolition activities, the project applicant for all project phases shall conform to the following requirements:
All construction activities within the Healdsburg city limits shall be limited to the hours of 7:30 a.m.–6 p.m. to ensure compliance with Section 7.A of the City of Healdsburg Excessive Noise Regulation Ordinance. Painting, interior finish work, and other generally quiet activities may be allowed outside of these hours provided that construction noise does not exceed ambient noise levels by 10 dBA at nearby sensitive receptors. All construction equipment shall be properly maintained and equipped with noise control, such as mufflers, in accordance with manufacturers’ specifications. Construction equipment shall be staged and construction employee parking shall be located as far as possible from any sensitive receptors. For the purposes of this project, sensitive receptors are residential dwellings and the community park. Noisy stationary equipment (e.g., compressors, generators) During all construction for all project phases
The project applicant for all project phases.

City of Healdsburg Planning and Building and Public Works Departments.

7.B.b
Packet Pg. 247
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed shall be placed away from existing noise-sensitive receptors (including residences constructed during earlier phases) and/or acoustical shielding shall be provided. A disturbance coordinator shall be designated and the name and phone number of this person shall be posted conspicuously at the site. The disturbance coordinator shall respond to complaints about noise and shall take the steps necessary to mitigate the problem in a timely fashion. Access to the site by construction-related truck traffic shall be limited to the hours of 7 a.m.–6 p.m., Monday–Saturday, unless a special permit is issued to the project applicant by the City Planning and Building Department.

3.10 There are no potentially and or significant impacts, thus there are no mitigation measures for Land Use Planning and Agriculture.

3.11-1 Prepare and Implement a Construction Traffic Control Plan.

The project applicant of all project phases shall prepare and implement traffic control plans for construction activities that may affect road rights-of-way. The traffic control plans must follow standards of the agency responsible for the affected roadway and must be signed by a professional engineer. Measures typically used in traffic control plans include advertising of planned lane closures, warning signage, a flagperson to direct traffic flows when needed, and methods to ensure continued access by emergency vehicles. During project construction, access to existing land uses shall be maintained at all times, with detours used as necessary during road closures. This plan shall also specifically prohibit use of Parkland Farms Boulevard by all construction-related traffic (to mitigate Impact 3.12-8 in Section 3.12, “Transportation and Circulation”). Traffic control plans shall be submitted to the City Public Works Department for review and approval before the approval of all project plans or permits for all Before the approval of all relevant plans and/or permits and during construction of all project phases.

The project applicant for all project phases.

City of Healdsburg Public Works Department.

7.B.b
Packet Pg. 248
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed project phases where implementation may cause impacts on traffic.

3.11-3 Incorporate Fire Suppression System Requirements into Project Design and Submit Project Design to the City of Healdsburg Fire Department for Review and Approval.

The project applicant for all project phases shall incorporate into their project design for all project elements an on-site fire suppression system capable of meeting standards and requirements for adequate fire-flow pressures for development above the elevation of 293 feet. The fire suppression system may include elements such as booster pumps, storage tanks, and a standby generator for power backup, and other elements as deemed appropriate by the City of Healdsburg Fire Department. Fire suppression system plans shall be submitted to the City of Healdsburg Fire Department and City Planning and Building Department for review before issuance of building permits for all project phases.

Before issuance of building permits for all project phases.

The project applicant for all project phases.

City of Healdsburg Fire, Public Works, and Planning and Building Departments.

3.12-1 Pay Impact Fees for Signalization of the Dry Creek Road/U.S. 101 Interchange. The project applicant shall pay City of Healdsburg traffic impact fees in accordance with the fee schedule established by the City of Healdsburg for its share of improvements to the signalization plan for the 101 southbound and northbound off-ramps, and widening and associated improvements to provide turning pockets for the on-ramps to 101 at Dry Creek Road. In combination with fees from other developments, these funds are designated for various projects, including to partially fund installation of traffic signals at the Dry Creek Road/U.S. 101 interchange. Precise timing for this intersection improvement cannot be established at this time. This transportation improvement shall be As a condition of the development agreement.

The project applicant for all project phases, City of Healdsburg Public Works Department for Dry Creek Road improvements, and California Department of Transportation for U.S. 101 City of Healdsburg Public Works Department and Caltrans.

7.B.b
Packet Pg. 249
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed coordinated with the City and Caltrans. improvements.

3.12-6 Install Bicycle Lanes on Healdsburg Avenue.

The project applicant shall incorporate a Class II bike lane along the site’s Healdsburg Avenue frontage into project design before approval of improvement plans by the City.

Before approval of improvement plans.

The project applicant for all project phases.

City of Healdsburg Planning and Building and Public Works Departments.

3.12-6a Connect Pathway to City Network and Install Secure Bike Parking. As identified in the greenhouse gas reduction measures described in Section 4.6.2, "Air Quality" of the DEIR, the bikeways/paths will connect to a bikeway system. Secure bicycle parking will also be provided at the community park.

Before approval of improvement plans.

The project applicant for all project phases.

City of Healdsburg Planning and Building and Public Works Departments.

3.12-7 Provide a Transit Stop on Healdsburg Avenue.

Before approval of project improvement plans, the project applicant and/or the City of Healdsburg Planning and Building Department shall coordinate with Sonoma County Transit to establish transit stops on both sides of Healdsburg Avenue near Passalacqua Drive. The project applicant shall fund the construction by Sonoma County Transit of a shelter for the stop on the northbound side of the roadway.

Before approval of improvement plans.

The project applicant for all project phases, City of Healdsburg Planning and Building and Public Works Departments, and Sonoma County Transit.

City of Healdsburg Planning and Building and Public Works Departments.

3.12-9 Implement Time Constraints for Large Special Events at the Resort. To ensure that parking demands at the resort do not exceed the available supply, events having more than 175 attendees shall be scheduled to avoid periods of peak parking demand for the resort During project operation.

The project applicant for all project phases.

City of Healdsburg Planning and Building Department.

7.B.b
Packet Pg. 250
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed and restaurant, including 6 p.m. to 10 p.m. every day during the months of April through October. If an event with more than 175 attendees is scheduled during a period of peak parking demand, then the project applicant shall obtain a permit for the event from the City Planning and Building Department in advance of the event, specifying the plan for addressing the parking demand.

3.12-10 Restrict Landscaping on the West Side of Healdsburg Avenue Near Passalacqua Drive to Ensure Adequate Sight Distance.

To ensure that the Healdsburg Avenue/Passalacqua Drive intersection will continue to operate safely, the City should place restrictions on the use of landscaping along the west side of Healdsburg Avenue that would reduce stopping sight distance upon development of the RJW Lumber site. If the applicant constructs a left-turn pocket as currently proposed, no mitigation would be required.

Before approval of grading permit or final map.

The project applicant for all project phases.

City of Healdsburg Public Works Department.

3.12-11 Prepare Sight Distance Analyses for Intersections within the Project Site. The project applicant shall hire a qualified professional to conduct a sight distance analysis for each intersection within the project development, including both public and private roadways in order to provide adequate stopping site distance. The sight distance analyses shall be prepared based on corner sight distance criteria as published in the Caltrans Highway Design Manual and submitted to the City Public Works Department for review before approval of project grading permit or final map. These analyses shall include a graphical representation of the available sight distance together with the minimum required values based on Caltrans standards. If appropriate, measures needed to achieve adequate sight distance shall be included. The project applicant Before approval of grading permit or final map.

The project applicant for all project phases.

City of Healdsburg Public Works Department.

7.B.b
Packet Pg. 251
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed shall implement any recommendations included in the sight distance analyses as directed by the City Public Works Department.

3.12-12 Provide Turnarounds and Turnouts Approved by the City of Healdsburg Fire Department. To allow for adequate emergency access particularly to homes with long driveways, the project applicant shall incorporate into the project hammerhead turnarounds to be provided at the terminus of any driveway longer than 150 feet. The project applicant shall submit design plans for the hammerhead turnarounds to the City of Healdsburg Fire Department for review and approval. The project applicant shall also incorporate into the project turnouts meeting City Fire Department standards, to be constructed at all hydrant locations, including those on private roadways. Plans for these turnouts shall be submitted to the City Fire Department for review and approval before issuance of grading permit or approval of final maps, whichever is first.

Before issuance of grading permit or approval of final map, whichever is first.

The project applicant for all project phases and City of Healdsburg Fire Department.

City of Healdsburg Fire Department.

3.13-5 Prepare and Implement a Construction Recycling Plan.

The project applicant for all project phases shall prepare and implement a construction recycling plan for all project phases. The recycling plan shall address the major recyclable materials, such as soil, brush and other vegetative growth, dimensional lumber, metal scraps, and cardboard packaging, generated by project construction and identify the means to divert these materials away from County transfer stations and landfills. The recycling plan shall conform to the Healdsburg Transfer Station standards with respect to vehicles per day and maximum capacity. All recyclable materials shall be disposed of at the Healdsburg Transfer Station Reuse and Recycling, Sonoma Transfer Station Reuse and Recycling, the Central Disposal Site, or other designated recycling facility permitted to accept construction debris and solid waste.

Before issuance of building permits and during construction of all project phases.

The project applicant for all project phases.

Sonoma County Waste Management Agency and Sonoma County Department of Health Services, Environmental Health Division, Local Enforcement

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Packet Pg. 252
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed Construction recycling plans shall be submitted to the Sonoma County Waste Management Agency and Sonoma County Department of Health Services, Environmental Health Division, Local Enforcement Agency for review and approval before the approval of building permits for all project phases. The construction recycling plans shall be implemented during construction of all project phases.

Agency.

Cumulative Air Quality (Sec. 4.6.2) and 2010 Rimpo Report Project-Specific Design Features to Reduce Greenhouse Gases. Project-specific design features, as enumerated below, of the project will reduce its potential carbon footprint in accordance with the emissions reduction mandate established by Assembly Bill 32 (Global Warming Solutions Act of 2006). These reductions also will be in line with the goals and policies set forth in Resolution No. 84-2005. (1) Provide transit-enhancing infrastructure that includes transit shelters, benches, street lighting, route signs and displays, and/or bus turnouts/bulbs at Healdsburg Avenue. (2) Provide pedestrian-enhancing infrastructure that includes sidewalks and pedestrian paths, direct pedestrian connections, trees to shade sidewalks, pedestrian safety designs/infrastructure, street lighting, and/or pedestrian signage. (3) Provide bicycle-enhancing infrastructure that includes bikeways/paths connecting to a bikeway system and secure bicycle parking at the community park. (4) Provide on-site shops and services within ¼ to ½ mile for residents and employees such as cafeteria and bank/ATM. (5) Provide pedestrian facilities and improvements such as internal trails and paths. (6) Provide electrical outlets at building exterior areas and During design, construction, and operation of all project phases..

The project applicant for all project phases.

City of Healdsburg Planning and Building Department.

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Packet Pg. 253
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed electric-powered landscape maintenance equipment. Provide garage parking spaces in residences associated with the resort for electric golf carts. Electric golf carts and walking trails will provide the major vehicular mode of transportation and access within the resort for guests and employees. (7) Provide low-emission or central water heaters. (8) Increase wall and attic insulation beyond Title 24 requirements (residential and commercial). (9) Eliminate or limit the amount of traditional fireplaces installed (e.g., natural gas fireplaces/inserts or at least U.S. Environmental Protection Agency–certified wood stoves or inserts instead of open hearth fireplaces). (10) Provide energy-efficient windows (double pane and/or LowE) and awnings or other shading mechanisms for windows, porch, patio, and walkway overhangs. (11) In the design of heating and cooling systems, consider ceiling fans and programmable thermostats. (12) Provide physical development consistent with requirements for neighborhood electric vehicles. (13) Provide shade (within 5 years) and/or open grid pavement for at least 30% of the site’s non-roof impervious surfaces, including parking lots, walkways, and plazas; OR place a minimum of 50% of parking spaces underground or covered by structured parking; OR use an open-grid pavement system (less than 50% impervious) for a minimum of 50% of the parking lot area. Unshaded parking lot areas, driveways, fire lanes, and other paved areas have a minimum albedo of 0.3 or greater. (14) Implement carpool/vanpool program, e.g., carpool ridematching for employees, assistance with vanpool information,

7.B.b
Packet Pg. 254
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed and provision of vanpool vehicles. (15) Use of removed trees as building material for habitat protection or as mulch (16) Provide shuttle service to transit station on Healdsburg Ave. (17) Pursuit of LEED certification for resort and "build it green" principles for design and construction of residences (18) Provide preferential parking (e.g., near building entrance or sheltered area) for carpool and vanpool vehicles. (19) Implement a parking cash-out program for employees, in which non-driving employees receive a transportation allowance equivalent to the value of subsidized parking. (20) Implement compressed work-week schedules (e.g. 4/40 or 9/80 schedules). (21) Provide bike racks and showers for 5% or more of all building users (Hotel Resort Facility). (22) Provide preferred parking for low-emitting and fuel-efficient vehicles for 5% of the total capacity of the site. (23) Place 50% of the parking spaces under cover to minimize heat island effect. (24) Use roofing materials having a high solar reflectance index for a minimum of 75% of the roof surfaces of the resort hotel. (25) Optimize energy performance in hotel resort facility to achieve 14% reduced energy demand below ASHRAE/IESNA Standard 90.1-2004 (assumed 14% reduction in natural gas and electricity use). (26) Optimize energy performance in 70 luxury residences to achieve 15% reduce energy demand below Title 24 requirements (assumed 15% reduction in natural gas and electricity use).

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Packet Pg. 255
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 1
Mitigation Monitoring and Reporting Plan for the Saggio Hills Project Verification
Mit. No. Mitigation Measure Timing/Schedule Implementation Responsibility Enforcement Action Date Completed

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Packet Pg. 256
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Table 3.7-3
Proposed Best Management Practices
Category Type of BMP Description Typical Placement
Planning Phased Construction
(Measure EC-1)
Assess BMP needs in terms of construction and development schedule.

BMP Report
Runoff Control Catch Basins and Drain Inlets
(Measure SE-10)
All catch basins and drain inlets will be protected with inlet filters, and straw or fiber roll inlet protection, or gravel bags. Catch basin filters will be inspected before and after every rain event.

Permanent/temporary BMP
Erosion Control Project Phasing
(Measure EC-1)
Grading will be limited to areas that can be completed and stabilized prior to anticipated storm events.

Permanent BMP
Dust Control (Measure WE-1)
The principal construction phase deterrent to wind erosion is the spraying of water onto dirt surfaces in order to adhere soil particles, and minimize wind transport loss.

Temporary BMP
Hydroseeding (Measure EC-4)
Adds nutrients to soil and minimizes raindrop impact, thus reducing erosion potential.

Applied as needed on disturbed and graded areas
Erosion Control Blankets Material creates a filtering barrier against erosion. Temporary BMP Fiber Rolls (Measure SE-5) Fiber rolls will be used to further reduce sediment runoff. Fiber rolls will be inspected before and after every rain event, and every 24 hours during significant rain events, and required maintenance will be provided as needed.

Temporary BMP
Sediment Control Brush and Rock Filters
(Measure EC-10)
Slows velocity of runoff so that sediments can settle out. Permanent BMP Silt Fences (Measure SE-1)
Physical barrier. Temporary BMP
Sediment Retention Basins (Measure SE-2)
Basins used to settle out sediments. Can be used for large volume amounts.

Temporary or Permanent BMP
Construction Site Entrance Stabilization (Measure TC-1) Stabilize entrance to minimize off tracking onto roads. Temporary BMP

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Packet Pg. 257
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Stabilized Construction
Roadway (Measure TC-2)
Minimizes dust and off tracking of sediments. Temporary BMP Water Treatment Stormwater Detention Treatment
Basins (Measure SE-2)
Slows and retains stormwater runoff for treatment. Permanent BMP Drainage Protection Turbidity Curtain BMP employed to minimize impacts downstream from equipment during bridge construction.

Temporary BMP
Stormdrain Outlet Protection Rock rip rap installed to prevent scour at outfalls. Permanent BMP Stormdrain Inlet Protection (Fossil Filters) Filter installed to filter out sediment and hydrocarbon contaminants.

Permanent BMP
General Site and Materials
Spill Prevention & Control (Measure WM-4)
► Contain the spread of the spill, clean up using “dry” methods on paved or impermeable surfaces, and in dirt areas, spill by constructing an earthen dike. Dig up and properly dispose of contaminated soil. ► If spill occurs during rain, cover the impacted area to avoid runoff.
► Record all steps taken to report, contain, and clean up the spill.

Permanent management BMP

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Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Vehicle & Equipment
Maintenance and Fueling (Measure NS-10)
► No major maintenance/repair allowed on-site. ► A fueling area will be established in the vehicle storage area, away from any drain inlets.
► Construction equipment emissions shall not exceed Placer County Air Pollution Control District Rules 202 limitations. ► All materials transported off-site shall be either sufficiently watered or securely covered to prevent visible emissions and public nuisance. ► Paved streets adjacent to the construction shall be swept or washed at the end of each day, or as required to remove excess accumulations of silt and/or mud. ► Drip pans and drip cloths will be used to drain and replace fluids on-site.
► All on-site vehicle speeds will be limited to a speed of 15 mph on dry unpaved roads.
► All clearing, grading and excavation activities shall be limited during windy conditions such that no visible emissions or dust leave the site. ► Diesel powered haul trucks shall be required to use
emulsified diesel fuel.

Permanent management BMP
Handling and Disposal of Concrete & Cement (Measure WM-8) ► All concrete will be the ready-mixed type, delivered via trucks from the batch plant; no on-site mixing will occur. ► A washout area will be designated on the Erosion Control Plan.
► To the extent possible, washout will occur in an area that will be utilized as the next day’s concrete pour.
► The Agent of the responsible party will monitor on-site concrete washout and disposal procedures at least once a week.

Permanent management BMP

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Packet Pg. 259
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Material Delivery, Handling,
Storage & Use
► All hazardous materials will be labeled and stored
according to federal and state regulations.
► All hazardous materials will be appropriately covered or stored indoors prior to rain events.
► All subcontractors will be trained in proper material delivery, handling, and storage practices, during the weekly safety meetings. ► Hazardous chemicals will not be applied outdoors during wet weather.
► A small, covered stockpile of sand will be stored nearby to be used for emergency spill containment.
► Proper storage instructions will be posted at all times in an open and conspicuous location.
► Material Safety Data Sheets for all materials will be stored at all times on the construction site, in an easily accessible location. ► Storage areas will be inspected before and after all rainfall events, and at least weekly throughout the job.
► Storage areas will be kept clean and well organized.

Permanent management BMP
Paints & Liquid Materials ► Cleaning of painting equipment and tools will be allowed only in the designated areas.
► For water based paints, brushes will be rinsed in a
temporary sink connected to the sanitary sewer.
► For oil-based paints, brushes will be cleaned by use of reusable thinners/solvents.

Permanent management BMP

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Packet Pg. 260
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA, Pavement Construction
Management
► Concrete, asphalt, and seal coat will be applied only in dry weather.
► Storm drain inlets and manholes will be covered prior to paving, or applying seal coat.
► Paving machines will be parked on level ground over
absorbent material to accommodate drips.
► When making saw-cuts, each catch basin sill be covered completely with filter fabric, the slurry will be contained by placing gravel dams around the catch basin, and wet vacuum will be used to remove saw-cut slurry, to prevent it from entering storm drains. ► All broken concrete/asphalt will be hauled off.

Temporary BMP
Note: BMP = best management practice Sources: Carlile Macy 2006a, 2006b; CASQA 2003 Table 3.7-5
Additional Best Management Practices
Category Type of BMP Description Typical Placement
Planning Employee Training BMP training for contractor/employees. BMP Report—add to requirements
Erosion Control Slope Terracing & Tracking Terracing, if used in this project, will be used to reduce erosion potential within landslide repair areas by reducing slope lengths.

Applied on slopes >12%—add if required in final engineering plans Water Treatment Stormwater Detention Treatment
Basins
Slows and retains stormwater runoff for treatment. Other Stormwater Detention Treatment Basin BMPs if required
Note: BMP = best management practice Sources: Carlile Macy 2006a, 2006b; CASQA 2003 1556470.2

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Packet Pg. 261
Attachment: 1. Exhibit B Final MMRP Saggio Hills Project (3976 : Saggio Hills Affordable Housing TM, DA,

CITY OF HEALDSBURG
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF HEALDSBURG APPROVING A
DEVELOPMENT AGREEMENT (DA 2023-01) FOR

THE SAGGIO HILLS AFFORDABLE HOUSING
PROJECT LOCATED AT 450 PARKLAND FARMS

BOULEVARD
WHEREAS, in 2010 and 2011, the Healdsburg City Council approved entitlements for the Saggio Hills Development Project as follows:

1. On January 31, 2011, the Saggio Hills Area Plan was adopted by Resolution No. 17-2011;

2. On January 31, 2011, Ordinance No. 1071 establishing pre-zoning designations for the Saggio Hills planning area was confirmed and ratified by Resolution No. 19-2011;

3. On January 31, 2011, a Tentative Subdivision Map was approved for the Saggio Hills Development Project by Resolution 18-2011;

7.B.c
Packet Pg. 262 Attachment: 2. Ordinance (DA 2023-01) [Revision 1] (3976 : Saggio Hills Affordable Housing TM, DA, DDA) Ordinance No. ___

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Healdsburg City CouncilMarch 20, 2023

Healdsburg City Council
March 20, 2023