Agenda packet, regular meeting — Healdsburg City Council, September 5, 2023 (part 3 of 4)

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attention: City Manager
Exempt From Recording Fees Per
Government Code §27383 And
Building Homes And Jobs Trust
Fund Fee Per Government Code
§27388.1(A)(2)(D)
APN: 089-071-002 Space above this line for Recorder’s use.

AFFORDABLE HOUSING AGREEMENT
AND

DECLARATION OF RESTRICTIVE COVENANTS
by and between

THE CITY OF HEALDSBURG,
a California municipal corporation
and

BURBANK HOUSING DEVELOPMENT CORPORATION,
a California non-profit public benefit corporation
for

DRY CREEK COMMONS PROJECT

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AFFORDABLE HOUSING AGREEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS
This Affordable Housing Agreement and Declaration of Restrictive Covenants (“Agreement”) is entered into for reference purposes as of ________________, 20__ (the “Effective Date”), by and between the CITY OF HEALDSBURG, a California municipal corporation (“City”) and BURBANK HOUSING DEVELOPMENT CORPORATION, a California non-profit public benefit corporation (“Developer”). City and Developer are individually referred to herein as a “Party” and collectively as the “Parties.”

R E C I T A L S
A. Developer is the fee owner of certain real property located at 155 Dry Creek Road, in the City of Healdsburg, California (the "Site"), as more particularly described in Exhibit A attached hereto and incorporated herein to this Agreement.

B. On September 27, 2022, the Planning Commission adopted Resolution No. 2022- 01, conditionally approving an application for design review (DR 2022-01) (“Design Review Approval”), related to the development of 58 residential units (57 Affordable Units and one (1) unrestricted Manager’s Unit), preservation and restoration of Foss Creek riparian corridor, creation of wetlands, indoor and outdoor common space and amenities for residents, and vehicular and bicycle parking on the Site (the "Project").

C. The Parties have entered into a Disposition and Development Agreement ("DDA"), effective ______________, 202__, as evidenced by a Memorandum of Agreement dated ___________, 202__, and recorded on ___________, 20___, in the Official Records of Sonoma County as Instrument No. 20___________, to provide for the sale of the Site from City to Developer and the development of the Project in accordance with the Design Review Approval and subject to certain terms and conditions.

D. Section 301 (a) of the DDA specifies that the Site shall be improved with two, fourstory residential buildings of a height not to exceed 47 feet, as measured at the roof ridge and parapet, and 56 feet, as measured at the stairwells, containing fifty eight (58) residential units (fifty seven (57) Affordable Units and one (1) unrestricted Manager’s Unit),totaling approximately 61,470 square feet and comprised of twenty-eight (28) one-bedroom units, fifteen (15) twobedroom units, and fifteen (15) three-bedroom units, 105 surface parking spaces, 60 bicycle spaces (50 in a secured indoor room), approximately 6,225 square feet of common outdoor space, approximately 2,273 square feet of indoor common space, preservation and restoration of the Foss Creek riparian corridor, creation of wetlands on the Site, and associated hardscape and landscaping improvements, which the affordable residential units shall be restricted for rental to and occupancy by lower, very low and extremely low income households, at an affordable rent, for a minimum period of 55 years.

E. Section 402 of the DDA provides that 57 of the residential units constructed on the Site shall be rented to and occupied by an “Eligible Household” at an “Affordable Rent”, as said terms are defined herein (each, an “Affordable Unit” and, collectively, the “Affordable Units”).

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F. To ensure the continued affordability of the Affordable Units for the Term, this Agreement shall be executed and recorded against the Site concurrent with the Closing as defined in the DDA.

G. The purpose of this Agreement is to restrict the occupancy of the Affordable Units to Eligible Households at an Affordable Rent for the Term as required by the DDA. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Developer and its permitted successors and assigns for the Term of this Agreement.

A G R E E M E N T
NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows.

1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits:
“Adjusted for Family Size Appropriate for the Unit” shall have the meaning set forth in Section 50052.5 of the California Health and Safety Code, as amended or any successor statute thereto.
“Affordable Housing Occupancy Date” shall mean the date of issuance by City of a certificate of occupancy for the Project, to be memorialized by the Parties through execution and recordation of the Certificate of Completion in the form attached hereto as Exhibit B. “Affordable Rent” means a monthly Rent no greater than that considered as affordable rent for Extremely Low Income Households, Very Low Income Households, and Lower Income Households, adjusted for family size appropriate to the unit, determined in accordance with California Health and Safety Code section 50053, as amended, or any successor statute thereto; provided, however, in no event shall the maximum affordable rent be higher than 20 percent below the median market rate rents for the neighborhood in which the Site is located. “Affordable Unit” and “Affordable Units” are defined in Recital E of this Agreement. “Agreement” means this Affordable Housing Agreement and Declaration of Restrictive Covenants.
“Annual Report” is defined in Section 11 of this Agreement. “Applicable Laws” means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees, of the United States, the State of California, County, City, any other political subdivision in which the Site is located, and of any other political subdivision, City or instrumentality exercising jurisdiction over City, Developer, the Site or the Project Improvements, including all applicable state labor laws and standards (including prevailing wages, as applicable); all applicable public contracts requirements, zoning and development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U.S.C. section 12101, et seq., Government Code section 4450, et seq.,

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Government Code section 11135, et seq., and the Unruh Civil Rights Act, Civil Code section 51, et seq..
“City” means the City of Healdsburg, a California municipal corporation. “City Documents” means the Design Review Approval, Conditions of Approval, DDA and this Agreement.
“City’s Authorized Representative” means the City Manager of the City of Healdsburg, or his or her designee.
“Conditions of Approval” shall mean the conditions of approval adopted by the Planning Commission pursuant to the Design Review Approval. “Construction Drawings” shall have the meaning set forth in Section 304.2 of the DDA.
“DDA” is defined in Recital C of this Agreement.
“Design Review Approval” is defined in Recital B of this Agreement. “Developer” means Burbank Housing Development Corporation, a California non-profit public benefit corporation.
“Effective Date” means the date set forth in the first paragraph of this Agreement. “Eligible Household” means an Extremely Low Income Household, Very Low Income Household, or Lower Income Household qualified in accordance with the terms of this Agreement and Sections 50106, 50105 and 50079.5, respectively, of the California Health and Safety Code, as amended or any successor statute thereto.
“Extremely Low Income Household” is defined in Section 50106 of the California Health and Safety Code section, as amended or any successor statute thereto. “ELI Rent” means an Affordable Rent for an Extremely Low Income Household. “ELI Unit” is defined in Section 4 of this Agreement.
“Gross Income” means the combined, gross, pre-tax income of all adult occupants of the applicant household, as calculated under California Code of Regulations, Title 25, Section 6914, unless a federal standard applicable to the Project (such as the Tax Credits program, as administered pursuant to the regulations of TCAC) provides for the use of a different calculation of household income, in which case the federal standard shall apply. “Indemnitees” is defined in Section 21 of this Agreement. “LI Rent” means an Affordable Rent for a Lower Income Household.

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“LI Unit” is defined in Section 4 of this Agreement.
“Lower Income Household” shall have the meaning defined in Section 50079.5 of the California Health and Safety Code, as amended or any successor statute thereto. “Management Agreement” is defined in Section 17.b of this Agreement. “Marketing Plan” is defined in Section 17.g of this Agreement. “Party” or “Parties” respectively means City and Developer individually or collectively. “Project” is defined in Recital B of this Agreement.
“Project Improvements” shall have the meaning set forth in Section 301 of the DDA. “Property Manager” is defined in Section 17.b of this Agreement. “Property Manager’s Unit” is defined in Section 17.b of this Agreement. “Rent” means the total of monthly payments required to be paid by a Tenant of an Affordable Unit for the following: use and occupancy of the Affordable Unit and associated facilities, including parking; any separately charged fees or service charges assessed by the Developer which are required of all Tenants of the Project other than security deposits; an allowance for the cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV, to be established annually by the Housing Manager of the City of Healdsburg; and any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than the Developer, and required to be paid by the Tenant.
“Site” is defined in Recital A and is more particularly described in the legal description attached hereto as Exhibit A.
“Site Management Plan” is defined in Section 17.g of this Agreement. “Supportive Services Plan” is defined in Section 17.g of this Agreement. “Tax Credits” means the federal low-income housing tax credit program under Section 42 of the Internal Revenue Code.
“TCAC” means the California Tax Credit Allocation Committee. “Tenant” shall mean a household legally occupying an Affordable Unit pursuant to a valid lease with Developer.
“Term”, as provided in Section 15.a. of this Agreement, means the period of time that this Agreement is in effect, which shall commence upon the Effective Date and end on the Termination Date.

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“Termination Date” is the date that is 55 years after the Affordable Housing Occupancy Date.
“Very Low Income Household” shall have the meaning defined in Section 50105 of the California Health and Safety Code, as amended or any successor statute thereto. “VLI Rent” means an Affordable Rent for a Very Low Income Household. “VLI Unit” is defined in Section 4 of this Agreement.

2. Use and Affordability Restrictions. During the Term of this Agreement, Developer hereby covenants and agrees, for itself and its successors and assigns, that the Affordable Units shall be used solely in compliance with the City Documents. Developer represents and warrants that it has not entered into any agreement that would restrict or compromise its ability to comply with the occupancy and affordability restrictions set forth in this Agreement, and Developer covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written consent of City, which consent may be granted, denied or conditioned by City in its sole discretion. Nothing herein shall prohibit Developer from entering into regulatory agreements with TCAC or other government agencies providing financing for the Project that impose additional income and/or occupancy requirements upon the Affordable Units.

3. Unit Size Mix for Affordable Units. The Affordable Units shall include no fewer than twenty-eight (28) one-bedroom units, fifteen (15) two-bedroom units, and fifteen (15) threebedroom units on the Site and consistent in all respects with the Construction Drawings.

4. Income Mix for Affordable Units. During the Term of this Agreement, Developer hereby covenants and agrees as follows:
a. of the twenty-eight (28) one-bedroom units on the Site, ___ shall be available for rental to and occupancy by Extremely Low Income Households at an Affordable Rent (each, an “ELI Unit”), ___ shall be available for rental to and occupancy by Very Low Income Households at an Affordable Rent (each, an “VLI Unit”), and ___ shall be available for rental to and occupancy by Lower Income Households at an Affordable Rent (each, an “LI Unit”);
b. of the fifteen (15) two-bedroom units on the Site, ___ shall be an ELI Unit, ___ shall be an VLI Unit, and ___ shall be an LI Unit; and
c. of the fifteen (15) three-bedroom units on the Site, ___ shall be an ELI Unit, ___ shall be a VLI Unit, and ___ shall be an LI Unit.

5. Extremely Low Income Restrictions.
a. Affordability Requirements. As outlined in Section 4 above, there shall be ___ onebedroom ELI Units, ___ two-bedroom ELI Units and ____ three-bedroom ELI Units. During the Term of this Agreement, each ELI Unit shall be rented at an ELI Rent to (or if vacant, available for occupancy by) an Extremely Low Income Household.

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b. Household Income Increases.
i. If upon recertification of an ELI Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for an Extremely Low Income Household but does not exceed the qualifying income for a Very Low Income Household, then upon the expiration of such Tenant’s lease and compliance with all applicable notice requirements set forth in Section 827 of the California Civil Code, as amended or any successor statute thereto, Developer may increase Tenant’s Rent to VLI Rent and Developer shall make the next vacant VLI Unit of equal size to Tenant’s ELI Unit, available as a ELI Unit to restore the unit size and affordability mix required by this Agreement.
ii. If upon recertification of a ELI Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for an Extremely Low Income Household and a Very Low Income Household, but does not exceed the qualifying income for a Lower Income Household, then upon the expiration of such Tenant’s lease and compliance with all applicable notice requirements set forth in Section 827 of the California Civil Code, as amended or any successor statute thereto, Developer may increase Tenant’s Rent to LI Rent and Developer shall make the next vacant LI Unit of equal size to Tenant’s ELI Unit, available as a ELI Unit to restore the unit size and affordability mix required by this Agreement.
iii. If upon recertification of a ELI Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for an Extremely Low Income Household, Very Low Income Household and a Lower Income Household, then upon the expiration of such Tenant’s lease and compliance with all applicable notice requirements set forth in Section 827 of the California Civil Code, as amended or any successor statute thereto, such Tenant shall be required to vacate the unit and Developer shall rent the unit to a Very Low Income Household to restore the affordability mix required by this Agreement. In addition, should a Tenant’s Gross Income exceed the qualifying income for a Lower Income Household, and should this section cause the Tenant’s rent to exceed the requirements of this Agreement, Developer shall still be deemed in compliance with this Agreement until such time as Tenant is required to move out pursuant to this Agreement, at which point the Affordable Unit shall be rented as a ELI Unit as needed to restore the unit size and affordability mix required by this Agreement.

6. Very Low Income Restrictions.
a. Affordability Requirements. As outlined in Section 4 above, there shall be ___ onebedroom VLI Units, ___ two-bedroom VLI Units and ____ three-bedroom VLI

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Units. During the Term of this Agreement, each VLI Unit shall be rented at a VLI Rent to (or if vacant, available for occupancy by) a Very Low Income Household. b. Household Income Increases.
i. If upon recertification of a VLI Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for a Very Low Income Household but does not exceed the qualifying income for a Lower Income Household, then upon the expiration of such Tenant’s lease and compliance with all applicable notice requirements set forth in Section 827 of the California Civil Code, as amended or any successor statute thereto, Developer may increase Tenant’s Rent to LI Rent and Developer shall make the next vacant LI Unit, of equal size to Tenant’s VLI Unit, available as a VLI Unit to restore the unit size and affordability mix required by this Agreement.
ii. If upon recertification of a VLI Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for a Very Low Income Household and Lower Income Household, then upon the expiration of such Tenant’s lease and compliance with all applicable notice requirements set forth in Section 827 of the California Civil Code, as amended or any successor statute thereto, such Tenant shall be required to vacate the unit and Developer shall rent the unit to a Very Low Income Household to restore the unit size and affordability mix required by this Agreement. In addition, should a Tenant’s Gross Income exceed the qualifying income for a Lower Income Household, and should this section cause the Tenant’s rent to exceed the requirements of this Agreement, Developer shall still be deemed in compliance with this Agreement until such time as Tenant is required to move out pursuant to this Agreement, at which point the Affordable Unit shall be rented as a VLI Unit as needed to restore the unit size and affordability mix required by this Agreement.

7. Lower Income Restrictions.
a. Affordability Requirements. As outlined in Section 4 above, there shall be ___ onebedroom LI Units, ___ two-bedroom LI Units and ____ three-bedroom LI Units.

During the Term of this Agreement, each LI Unit shall be rented at an LI Rent to (or if vacant, available for occupancy by) a Lower Income Household. b. Household Income Increases. If upon recertification of an LI Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for a Lower Income Household, then upon the expiration of such Tenant’s lease and compliance with all applicable notice requirements set forth in Section 827 of the California Civil Code, as amended or any successor statute thereto, such Tenant shall be required to vacate the unit and Developer shall rent the LI Unit to a Lower Income Household to restore the unit

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size and affordability mix required by this Agreement. In addition, should a Tenant’s Gross Income exceed the qualifying income for a Lower Income Household, and should this section cause the Tenant’s rent to exceed the requirements of this Agreement, Developershall still be deemed in compliance with this Agreement until such time as Tenant is required to move out pursuant to this Agreement, at which point the Affordable Unit shall be rented as an LI Unit as needed to restore the unit size and affordability mix required by this Agreement.

8. No Condominium Conversion. Developer shall not convert any of the Affordable Units to condominium or cooperative tenancy or sell condominium or cooperative rights to the Affordable Units or any part thereof during the Term of this Agreement.

9. Developer Certification. For each Affordable Unit, prior to the initial occupancy of such Affordable Unit, and on every anniversary of the Affordable Housing Occupancy Date thereafter for the remainder of the Term of this Agreement, Developer or Developer’s authorized agent shall obtain from that household a written certificate containing all of the following in such format and with such supporting documentation as City may reasonably require:
a. The identity of each household member; and
b. The total household Gross Income.

Developer shall retain such certificates for not less than three (3) years, and upon City’s request, shall provide copies of such certificates to City and make the originals available for City inspection.

10. Affordable Unit Occupancy. In the Affordable Units, no less than one occupant shall be allowed per bedroom, unless a reasonable accommodation is required pursuant to state or federal fair housing laws. If no Extremely Low Income Household, Very Low Income Household or Lower Income Household applies within ninety (90) days of an ELI Unit, VLI Unit or LI Unit being available that meet these occupancy standards, respectively, the City may, upon request of Developer, grant exceptions to the occupancy standards, but only to the extent such exceptions are consistent with Applicable Laws, and do not increase City’s obligations or liabilities under this Agreement, or diminish or impair City’s rights and remedies under this Agreement.

11. Annual Report; Inspections. By not later than August 31 of each year during the Term of this Agreement, commencing with the year following the year of the Affordable Housing Occupancy Date (reflecting information from the year of the Affordable Housing Occupancy Date), Developer shall submit an annual report (“Annual Report”) to City in a form reasonably satisfactory to City, together with Developer’s certification that the Affordable Units are in compliance with the requirements of this Agreement. The Annual Report shall, at a minimum, include the following information for each Affordable Unit: (i) designation as either an ELI Unit, VLI Unit or LI Unit; (ii) unit number; (iii) number of bedrooms; (iv) current rent and other charges; (v) dates of any vacancies during the previous year; (vi) number of people residing in each Affordable Unit; (vii) total gross income of all

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adult occupants in each Affordable Unit; (viii) documentation of source of household gross income; and (ix) a copy of the written confirmation required by Section 9, above. Upon request of City, Developer shall allow City’s Authorized Representative to inspect and copy all records documenting the source of household gross income.

Developer shall include with the Annual Report an income recertification for each household, documentation verifying Tenant eligibility, and such additional information as City may reasonably request from time to time in order to demonstrate compliance with this Agreement. The Annual Report shall conform to the format requested by City.

12. Non-Discrimination; Compliance with Fair Housing Laws. a. Fair Housing. Developer shall comply with state and federal fair housing laws in the marketing and rental of the Affordable Units. With respect to the Affordable Units, Developer shall accept as Tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to Section 8 of the United States Housing Act, or any successor statute or program thereto.

13. Non-Discrimination. Developer shall not restrict the rental, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Affordable Units on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any person.

Developer covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Affordable Units, nor shall Developer or any person claiming under or through Developer establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Affordable Units.

14. Reporting Requirements; Access to Information; Inspections. a. Maintenance of Records.
i. Developer shall maintain Affordable Unit leases, income certifications and other matters related to the leasing of the Affordable Units for a period of not less than three (3) years after the final date of occupancy by the Tenant. ii. Records related to compliance with this Agreement must be kept accurate and up-to-date. City shall notify Developer of any records it deems insufficient. Developer shall have thirty (30) calendar days from such notice to correct any specified reasonable deficiency in the records, or, if more than thirty (30) days shall be reasonably necessary to correct the deficiency, Developer shall begin to correct the deficiency within thirty (30) days and

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diligently pursue the correction of the deficiency as soon as reasonably possible.
b. Access to Records; Inspections.
i. Developer shall provide City and its authorized agents and representatives reasonable access to any books, documents, papers and records associated with the Affordable Units for the purpose of making audits, examinations, excerpts and transcriptions in connection with monitoring compliance with this Agreement, during normal business hours of Developer and upon not less than three (3) business days’ prior written notice. ii. With forty-eight (48) hours’ notice, during normal business hours and as often as may be deemed necessary, City and its authorized agents and representatives shall be permitted access to and the right to examine the Affordable Units and to interview Tenants of Affordable Units and employees of Developer, for the purpose of verifying compliance with applicable regulations and compliance with the conditions of this Agreement.

15. Term of Agreement.
a. Term of Restrictions. The term of this Agreement shall commence upon the Effective Date and shall remain in effect until the Termination Date (“Term”). b. Effectiveness Survives Conveyance of Site. This Agreement shall remain effective and fully binding on all portions of the Site for the full Term hereof, regardless of any sale, assignment, transfer, refinancing, or conveyance of the Affordable Units or the Project or any part thereof or interest therein.
c. Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement upon the expiration of the Term.

16. Binding Upon Successors; Covenants to Run with the Land. Developer hereby subjects its interest in the Site and Affordable Units to the covenants and restrictions set forth in this Agreement. City and Developer hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of Developer and City, regardless of any sale, assignment, refinancing, conveyance or transfer of the Site and Affordable Units, or any part thereof or interest therein, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by City. Any successor-in-interest to Developer, including without limitation any purchaser, transferee or lessee of the Site and Affordable Units (other than the Tenants of the individual Affordable Units) shall be subject to all of the duties and obligations imposed hereby for

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the full term of this Agreement. Each and every contract, deed, lease or other instrument affecting or conveying the Site and Affordable Units or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, lease or other instrument. If any such contract, deed, lease or other instrument has been executed prior to the date hereof, Developer hereby covenants to obtain and deliver to City an instrument in recordable form signed by the parties to such contract, deed, lease or other instrument pursuant to which such parties acknowledge and accept this Agreement and agree to be bound hereby.

Developer agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Site and Affordable Units in favor of City.

Without limiting the generality of the foregoing, Developer and City hereby declare their understanding and intent that:
a. The covenants and restrictions contained in this Agreement shall be construed as covenants running with the land pursuant to California Civil Code section 1468 and not as conditions which might result in forfeiture of title by Developer; b. The burden of the covenants and restrictions set forth in this Agreement touch and concern the Site in that the Developer’s legal interest in the Site and all improvements thereon are rendered less valuable thereby;
c. The benefit of the covenants and restrictions set forth in this Agreement touch and concern the land by enhancing and increasing the enjoyment and use of the Site by Tenants of the Affordable Units; and
d. All covenants and restrictions contained herein without regard to technical classification or designation shall be binding upon Developer and its successors in interest for the benefit of the City, and such covenants and restrictions shall run in favor of the City for the entire period during which such covenants and restrictions shall be in force and effect, without regard to whether the City is an owner of any land or interest therein to which such covenant and restrictions relate.

17. Project Construction; Property Management; Repair and Maintenance; Marketing. a. Management Responsibilities. Developer shall be responsible for all management functions with respect to the Affordable Units, including without limitation the selection of Tenants, certification and recertification of household income and eligibility, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, security and implementation of the Marketing Plan, Supportive Services Plan and Site Management Plan approved by the City under Section 17.g of this Agreement.

City shall have no responsibility for construction, rehabilitation, management, repair, maintenance or marketing of the Affordable Units.

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b. Property Management. Developer shall be responsible for ensuring that a person with the requisite skill and experience managing multi-family residential developments (“Property Manager”) lives on the Site in one (1) of the Affordable Units (“Property Manager’s Unit”). The Property Manager’s Unit shall not be subject to the rent and occupancy restrictions of this Agreement. If Developer enters into a separate property management agreement (“Management Agreement”) with a property management company or other organization in order to manage the Affordable Units (including leasing, property management, maintenance and repair services, and reporting obligations) and ensure that Developer’s obligations under this Agreement with respect to the Affordable Units are satisfied, the Management Agreement shall not relieve Developer of its primary responsibility for the proper performance of management duties. Developer shall ensure that the Property Manager has the requisite skill and experience to implement the Marketing Plan, Supportive Services Plan and Site Management Plan approved by the City under Section 17.g of this Agreement.
c. Management Policies. Developer shall adopt and implement written management policies with respect to the Affordable Units that comply with the provisions of this Agreement. The Developer shall provide copies of its management policies to City upon their initial adoption and thereafter upon request. d. Repair, Maintenance and Security. Throughout the Term of this Agreement, Developer shall at its own expense, maintain the Affordable Units in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Developer agrees to maintain the Affordable Units (including without limitation, the residential units, common areas, landscaping, driveways, parking areas and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps to prevent the same from occurring on the Affordable Units. Developer shall prevent and/or rectify any physical deterioration apart from reasonable wear and tear of the Affordable Units and the Project and shall make all repairs, renewals and replacements necessary to keep the Affordable Units and the improvements located therein in good condition and repair. Developer shall provide adequate security measures for the Project, including without limitation, the installation of adequate lighting and deadbolt locks.
e. Additional Requirements. All construction work and professional services for the Affordable Units shall be performed by persons or entities licensed or otherwise authorized to perform the applicable work or service in the State of California and shall have a current City of Healdsburg business license if required under local law.

To the extent allowed by state and federal laws, Developer shall limit the installation of satellite dish, antenna and other such equipment to screened locations on the Affordable Unit buildings as approved by City. Developer shall diligently work to resolve complaints related to noise, smoking, odors, parking, litter or other nuisance issues and concerns.

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f. City’s Right to Perform Maintenance. In the event that Developer breaches any of the covenants contained in this Section 17, and such default continues for a period of ten (10) days after written notice from City (with respect to graffiti, debris, and waste material) or thirty (30) days after written notice from City (with respect to landscaping, building improvements and general maintenance), or such additional time as is reasonably required to rectify the condition, then City, in addition to any other remedy it may have under this Agreement or at law or in equity, shall have the right, but not the obligation, to enter upon the Site and perform all acts and work necessary to protect, maintain, and preserve the Affordable Units and other improvements on the Site. All reasonable third-party costs expended by City in connection with the foregoing shall be paid by Developer to City upon demand. All such sums remaining unpaid thirty (30) days following delivery of City’s invoice therefor shall bear interest at the lesser of 8% per annum or the highest rate permitted by Applicable Law. City shall have a lien against the Site for the amount of such unpaid sums and shall have the right to record a Notice of Claim of Lien against the Site.
g. Marketing Plan; Supportive Services Plan; Site Management Plan. Within the time set forth in the Schedule of Performance attached to the DDA, Developer shall submit for City review and approval, a plan for (i) marketing the Affordable Units (the “Marketing Plan”), (ii) provision of adequate supportive services and programs to residents of the Affordable Units (the “Supportive Services Plan”), and (iii) maintenance, repair (both routine and extraordinary), and rehabilitation of the Affordable Units and other improvements on the Site (the “Site Management Plan”).

The Marketing Plan shall address in detail how Developer plans to market the Affordable Units to prospective Eligible Households in accordance with fair housing laws and this Agreement, Developer’s tenant selection criteria, and how Developer plans to certify the eligibility of Eligible Households. The Marketing Plan shall include the form of rental agreement that Developer proposes to enter into with Tenants of the Affordable Units, which form shall include, among other matters, the terms set forth in Section 17.h of this Agreement.

The Supportive Services Plan shall address in detail those services Developer plans to provide to residents of the Affordable Units either at the Site or at other off-site locations.

The Site Management Plan shall describe the management team and address in detail how Developer plans to provide for the maintenance, repair (both routine and extraordinary), and rehabilitation of the Affordable Units and other improvements on the Site, replacement of capital items in the Affordable Units, implementation of maintenance obligations required by the Conditions of Approval, inclusive of the indoor and outdoor common spaces, and associated hardscape and landscaping improvements.

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Upon receipt of the Marketing Plan, Supportive Services Plan, and Site Management Plan, the City shall promptly review the applicable plan and shall approve or disapprove it within forty-five (45) days after submission. If City has not responded to the proposed Marketing Plan, Supportive Services Plan, or Site Management Plan within forty-five (45) days following City’s receipt of such plan(s), Developer may simultaneously give a subsequent request to the City Manager, the Planning Director, and the City Attorney, which request shall be labelled prominently:
"Second Request: Deemed Approval Matter." If City fails to respond to the subsequent request within fifteen (15) days following the date when given, then the Marketing Plan, Supportive Services Plan, and Site Management Plan, as applicable, shall be deemed approved. If the Marketing Plan, Supportive Services Plan, or Site Management Plan is not approved, the Developer shall submit a revised plan, as applicable, within thirty (30) days, which shall be subject to the same review procedure set forth in this Subsection (g). Developer shall abide by the terms of the Marketing Plan, Supportive Services Plan, and Site Management Plan in marketing, managing, leasing, and maintaining the Affordable Units and the Project, throughout the Term of this Agreement, and shall submit all material modifications to any of the aforementioned plans to the City for review and approval prior to implementation of any such modifications.
h. Tenant Lease Provisions. The form of lease that Developer utilizes for the rental of Affordable Units with Tenants shall, among other matters, include the following terms:
i. provide for termination of the lease and consent by the Tenant to immediate eviction for failure: (1) to provide any information required under this Agreement or reasonably requested by the Developer to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy of the Affordable Units in accordance with the standards set forth in this Agreement, or (2) to qualify as an Eligible Household, as a result of any material misrepresentation made by such Tenant with respect to the income computation or certification; ii. be for an initial term of not less than one (1) year, unless a shorter term is mutually agreed upon by Developer and Tenant. After the initial term of the lease, the lease may be month-to-month by mutual agreement of the Developer and the Tenant; provided however, the Rent may not be raised more often than once every twelve (12) months after such initial term. The Developer will provide each Tenant with at least sixty (60) days' written notice of any increase in Rent, with a copy provided to City; iii. prohibit subleasing or assignment of the Affordable Unit, contain nondiscrimination provisions, and include the Tenant's obligation to inform the Developer of any need for maintenance or repair;
iv. include reasonable rules of conduct consistent with California law; and v. allow termination of the tenancy only for good cause, including serious or repeated violation of the terms and conditions of the rental agreement, or violations of applicable federal, state, or local law in connection with the use or occupancy of the Affordable Unit.

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i. Security Deposits. Any security deposits collected by Developer or Developer's agent in connection with the rental of an Affordable Unit shall (i) not exceed the equivalent of one (1) month rent, (ii) be kept separate and apart from all other funds in a trust account with a depository insured by the Federal Deposit Insurance Corporation or other comparable federal deposit insurance program, (iii) be held and disbursed in accordance with California law, and (iv) the balance in the trust account shall at all times equal or exceed the aggregate of all outstanding obligations, plus accrued interest thereon.
j. Approval of Amendments. If City has not responded to any proposed amendment or change to the Marketing Plan, Supportive Services Plan or Site Management Plan within sixty (60) days following City’s receipt of such amendment, Developer may simultaneously give a subsequent request to the City Manager, the Planning Director, and the City Attorney, which request shall be labelled prominently:
"Second Request: Deemed Approval Matter." If City fails to respond to the subsequent request within fifteen (15) days following the date when given, then the amendment shall be deemed approved by City.
k. Fees, Taxes, and Other Levies. Developer shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies applicable to the Affordable Units, including without limitation possessory interest taxes, if applicable, imposed by any public entity, and shall pay such charges prior to delinquency. However, Developer shall not be required to pay any such charge so long as (a) Developer is contesting such charge in good faith and by appropriate proceedings, (b) Developer maintains reserves adequate to pay any contested liabilities, and (c) on final determination of the proceeding or contest, Developer immediately pays or discharges any decision or judgment rendered against it, together with all costs, charges and interest.

Developer shall have all rights under Applicable Law to appeal the valuation of the Project (including but not limited to the Affordable Units, any improvements, fixtures or appurtenances, and any personal property) for tax purposes, and nothing herein shall be deemed to preclude Developer from applying for a Welfare Exemption or other taxation relief as a result of the affordability and public benefit provided by the Affordable Units.
l. Property Damage or Destruction. If any part of the Affordable Units are damaged or destroyed, Developer shall repair or restore the same, consistent with the occupancy and rent restriction requirements set forth in this Agreement. Such work shall be commenced as soon as reasonably practicable after the damage or loss occurs and shall be completed within one year thereafter or as soon as reasonably practicable, provided that insurance proceeds are available to be applied to such repairs or restoration within such period and the repair or restoration is financially feasible.

During such time that lenders providing financing for the construction of the Project impose requirements that differ from the requirements of this Section the requirements of such lenders and investors shall prevail. m. Insurance. Developer shall take out and maintain throughout the Term of this Agreement, a commercial general liability policy in an amount not less than Two

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Million Dollars ($2,000,000) combined single limit, including contractual liability.

Such policy shall be written on an occurrence form. During any period in which construction is being undertaken, Developer shall maintain or shall cause its contractor to maintain builder’s all-risk insurance in an amount not less than the full insurable value of the improvements under construction on a replacement cost basis; and Developer, shall cause to be furnished to City evidence reasonably satisfactory to City that any contractor with whom Developer has contracted for the performance of work on the Site carries workers’ compensation insurance as required by law. Companies writing the insurance required hereunder shall be approved to conduct business in the State of California. Developer’s insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A-:VII. Developer shall furnish appropriate certificate(s) of insurance evidencing the insurance coverage required hereunder, and City and its officers, officials, and employees (collectively, “City Parties”) shall be named as additional insured parties under the liability policies required hereunder. The certificate of insurance shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination (ten (10) days advance notice in the case of cancellation for nonpayment of premiums), if the insurance carrier provides such notices in its normal course of business. Coverage provided hereunder by Developer shall be primary insurance and shall not be contributing with any insurance, self-insurance or joint self-insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City. The required certificate and endorsements shall be furnished by Developer to City as of the Effective Date and annually thereafter throughout the Term of the Agreement. Further, throughout the Term of the Agreement, City shall have the right to require Developer to increase the amount of the general liability insurance coverage from time to time.

18. Recordation; Subordination. This Agreement shall be recorded in the Official Records of Sonoma County concurrent with the Closing as defined in the DDA. Developer hereby represents, warrants and covenants that with the exception of easements of record, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other interest in the Site or Affordable Units.

19. No Impairment of Lien. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor in interest to the Site and Affordable Units shall be bound by such covenants, conditions, restrictions, limitations and provisions, whether such successor’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise.

20. Default and Remedies.
a. Events of Default. An Event of Default shall arise hereunder if Developer fails to perform any obligation under this Agreement and fails to cure such default within

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thirty (30) days after the City has notified the Developer in writing of the default, or if the default cannot be cured within thirty (30) days, has failed to commence to cure within thirty (30) days and thereafter diligently pursued such cure and completed such cure within a reasonable time.
b. Remedies. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City may proceed with any of the following remedies:
i. Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief;
ii. For violations of obligations with respect to rents for residential units in the Affordable Units, impose as liquidated damages a charge in an amount equal to the actual amount collected in excess of the VLI Rent, LI Rent or MI Rent as applicable; and/or
iii. Pursue any other remedy allowed under the City Documents or at law or in equity.

Each of the remedies provided herein is cumulative and not exclusive. City may exercise from time to time any rights and remedies available to it under Applicable Law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement. Any failure or delay by City in asserting any of its rights or remedies, including specific performance, as to any Event of Default shall not operate as a waiver of any default or of any such rights or remedies or deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

21. Indemnity. To the fullest extent permitted by law, Developer hereby covenants and agrees that it shall indemnify, defend (with counsel approved by City) and hold City and its elected and appointed officers, officials, employees, agents, consultants, contractors and representatives (collectively, the “Indemnitees”) harmless from and against (a) any and all claims, suits, actions, losses and liability of every kind, nature and description made against it by or on behalf of any person arising from any cause whatsoever in connection with the approval of this Agreement or the Project on the Site; (b) any and all claims, suits, actions, losses and liability of every kind, nature and description made against it by or on behalf of any person arising from any cause whatsoever in connection with the implementation or enforcement of this Agreement; (c) any and all claims, suits, actions, losses and liability of every kind, nature and description made against it arising from an act or omission of Developer or any of its shareholders, partners, members, principals, officials, officers, employees, representatives, agents, contractors or subcontractors in connection with this Agreement or the Project on the Site; (d) any and all claims, suits, actions, losses and liability of every kind, nature and description made against it arising out of or related to the development, construction, marketing, leasing, sale, operation, use, occupancy, maintenance or ownership of the Project on the Site, including compliance with the laws, ordinances, rules and regulations of City pursuant to this Agreement, and any failure to perform any obligation as and when required by this

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Agreement; and (e) all reasonable costs, attorney fees, expenses or liabilities incurred in connection with any such claim, suit, action, loss and liability of every kind, nature and description made against it or proceeding brought thereon; provided, however, that this provision shall not require Developer to indemnify an Indemnitee from any claims, suits, actions, losses, costs, fees expenses or liabilities arising from the gross negligence or willful misconduct of said Indemnitee. In the event any action or proceeding is brought against an Indemnitee, with respect to which indemnity may be sought hereunder, Developer, upon receipt of written notice from City, shall assume the investigation and defense thereof, including the employment of counsel approved by the City and the payment of all expenses related thereto.

Each Party shall notify the other Party immediately in writing of any claim, suit, action, loss, liability or damage related to activities performed under this Agreement. The Parties shall cooperate with each other in the investigation and disposition of any claim, suit, action, loss, liability or damage arising out of the activities under this Agreement, provided that nothing shall require either Party to disclose any documents, records or communications that are protected under the attorney-client privilege or attorney work product privilege.

The provisions of this Section 21 shall survive the expiration of the Term or the earlier termination of this Agreement.

22. Expenses. Developer agrees to pay an annual monitoring fee for compliance with this Agreement as may be adopted by resolution of the City Council which is in force and effect for a similar class of affordable units; provided, however, that if the Project is financed with Tax Credits or other Federal or State assistance and subject to a regulatory agreement administered by TCAC, then the annual reporting requirements imposed by such regulatory agreement shall apply and no additional annual monitoring fee shall be imposed or collected.

23. Miscellaneous.
a. Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties and recorded in the Official Records of Sonoma County.
b. No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or Applicable Law. No failure or delay by City at any time to require strict performance by Developer of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. c. Notices. Except for any notice, demand or communication required under applicable law to be given in another matter, all notices, demands and communications to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Parties in

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accordance with this Section. All notices, demands or communications shall be sent by personal delivery, by reputable overnight delivery service (which provides a delivery receipt), or by certified or registered mail, return receipt requested, postage prepaid. Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either Party may change its address at any time by giving written notice of such change to City or Developer as the case may be, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective.

Any notice to be delivered to City shall be addressed to:

City: City Manager
City of Healdsburg
401 Grove Street
Healdsburg, California 95448
with copy to: Samantha Zutler, Esq.

City Attorney
c/o Burke, Williams & Sorensen, LLP
1 California Street, Suite 3050
San Francisco, California 94111-5432
Developer: Burbank Housing Development Corporation
1425 Corporate Center Parkway
Santa Rosa, CA 95407
Attention: Lawrance Florin, CEO
Telephone: (707) 526-9782
Email: [email protected]
with copy to: Pelosi Ziblatt Law Group
24 Kearney Street, Ninth Floor
San Francisco, CA 94108
Attention: Peter Ziblatt, Esq.

Telephone: (415) 273-9670
Email: [email protected]
d. Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. e. Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.

Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. The relationship of Developer and City shall not be construed as a joint venture, equity venture, partnership or any

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other relationship. City neither undertakes nor assumes any responsibility or duty to Developer (except as expressly provided in this Agreement) or to any third party with respect to the Project. Developer and its employees are not employees of City but rather are and shall always be considered independent contractors. Furthermore, Developer and its employees shall at no time pretend to be or hold themselves out as employees or agents of City. Except as City may specify in writing, Developer shall not have any authority to act as an agent of City or to bind City to any obligation.
f. Action by City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by City’s Authorized Representative or by any person who shall have been designated by City’s Authorized Representative, without further approval by the City Council. The foregoing notwithstanding, the City’s Authorized Representative may, in his or her discretion, defer any such action to the City Council.
g. No Third Party Beneficiaries. This Agreement is not intended to be for the benefit of any person other than the Parties and their permitted successors and assigns. h. Non-Liability of City and City Officials, Employees and Agents. No member, official, employee or agent of City shall be personally liable to Developer or any successor in interest, in the event of any default or breach by City, or for any amount of money which may become due to Developer or its successor or for any obligation of City under this Agreement.
i. Headings; Construction; Statutory References. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of Healdsburg shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.
j. Time is of the Essence. Time is of the essence in the performance of this Agreement. k. Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Sonoma County, California or in the United States District Court for the Northern District of California.

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l. Attorneys’ Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action. m. Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
n. Entire Agreement; Exhibits. This Agreement, together with the DDA, contains the entire agreement of Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto. Exhibit A and Exhibit B attached hereto are incorporated herein by this reference. o. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

SIGNATURES ON FOLLOWING PAGE(S).

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IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above.

CITY:

CITY OF HEALDSBURG, a municipal corporation
By: _______________________________
Jeffrey Kay, City Manager
Attest:

By: _____________________________
Raina Allan, City Clerk
Approved as to form:

By: ____________________________
Samantha Zutler, City Attorney
DEVELOPER:

BURBANK HOUSING DEVELOPMENT CORPORATION,
a California non-profit public benefit corporation
By:

Name: Lawrance Florin
Its: Chief Executive Officer
SIGNATURES MUST BE NOTARIZED.

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STATE OF CALIFORNIA )
)

COUNTY OF SONOMA )
On , 20__, before me, ______________________, Notary Public, 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)
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.

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.

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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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Exhibit A

SITE LEGAL DESCRIPTION
The land referred to is situated in the County of Sonoma, City of Healdsburg, State of California, and is described as follows:

Beginning on the section line between Sections 17 and 16 in Township 9 North, Range 9 West, M.D.B. & M., 29 feet and 4 inches West of the point where said section line crosses the Northwestern Pacific Railroad (formerly the S.F. & N.P.R.R.); running thence West 363 feet and 10 inches; thence South 595 feet; thence East 363 feet and 10 inches; thence North 595 feet to the place of beginning.

Excepting therefrom all that portion described in the deed to the County of Sonoma, dated August 12, 1961 and recorded November 7, 1961 in Book 1857 of Official Records, Page 354, Serial No. G-71491.

Also excepting therefrom all that portion described in the deed to Marie Lorraine Evart, dated November 3, 1967 and recorded November 8, 1967 in Book 2298 of Official Records, Page 790, Serial No. K-75021.

Also excepting therefrom all that portion described in the deed to the County of Sonoma, dated November 3, 1967 and recorded March 25, 1968 in Book 2321 of Official Records, Page 655, Serial No. K-72016.

Also excepting therefrom Lot 1 and the Dry Creek Road right of way and the Grove Street right of way dedications as shown on City of Healdsburg Parcel Map #142, filed in the Office of the County Recorder of the County of Sonoma, State of California on August 29, 1997 in Book 569 of Maps, Pages 10 and 11, Sonoma County Records.

APN: 089-071-002

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Exhibit B

CERTIFICATE OF COMPLETION

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attention: City Manager
APN: 089-071-002 This document is exempt from the payment of a recording fee pursuant to Government Code §27383
and Building Homes & Jobs Trust Fund Fee
pursuant to Government Code §27388.1(a)(2)(D).

CERTIFICATE OF COMPLETION
THIS CERTIFICATE OF COMPLETION (“Certificate of Completion”) is made by the CITY OF HEALDSBURG, a California municipal corporation (“City”), in favor of BURBANK HOUSING DEVELOPMENT CORPORATION, a California non-profit public benefit corporation (“Developer”), as of the date set forth below.

RECITALS
A. City and Developer have entered into that certain Affordable Housing Agreement And Declaration Of Restrictive Covenants (“Agreement”) dated _____, 20__, concerning the development of affordable multifamily rental housing on certain real property (the “Property”) situated in the City of Healdsburg, California, as more fully described in Attachment “A” attached hereto and made a part hereof. The Agreement was recorded in the Official Records of Sonoma County on ________, 2020, at Instrument No.______________.

B. As referenced in Section 1 of the Agreement, the Affordable Housing Occupancy Date shall mean the date of issuance by City of a certificate of occupancy for the Project, as memorialized in a Certificate of Completion to be executed by City and Developer and recorded in the Official Records of Sonoma County.

NOW, THEREFORE, City and Developer hereby agree as follows:

1. City has issued to Developer a certificate of occupancy for the Project as of _____________, 20__. Accordingly, as provided in the Agreement, the Affordable Housing Occupancy Date shall mean ____________, 20__ and the Termination Date shall be 55 years thereafter, meaning ____________, 2___.

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2. This Certificate of Completion shall not be deemed or construed to constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the construction and development of the Project or any portion thereof. This Certificate of Completion is not a notice of completion as referred to in Section 8182 of the California Civil Code.

IN WITNESS WHEREOF, City and Developer have executed this Certificate of Completion this ___ day of _______________, 20__.

CITY OF HEALDSBURG,
a California municipal corporation
By:

Print Name: Jeffrey Kay
Title: City Manager
APPROVED AS TO FORM:

Samantha Zutler, City Attorney
ATTEST:
_____________________________
Raina Allan, City Clerk
DEVELOPER:

BURBANK HOUSING DEVELOPMENT CORPORATION,
a California non-profit public benefit corporation
By:

Name:

Title:

SIGNATURES MUST BE NOTARIZED.

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Packet Pg. 394 Attachment: Attachment No. 6 - Affordable Housing Covenant & Declaration of Restrictive Covenants (4165 : Disposition and Development 4858-7615-1874 v3
Affordable Housing Covenant

Page 29 ends

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.

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Packet Pg. 395 Attachment: Attachment No. 6 - Affordable Housing Covenant & Declaration of Restrictive Covenants (4165 : Disposition and Development 4858-7615-1874 v3
Affordable Housing Covenant

Page 30 ends

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)

9.B.g
Packet Pg. 396 Attachment: Attachment No. 6 - Affordable Housing Covenant & Declaration of Restrictive Covenants (4165 : Disposition and Development 4858-7615-1874 v3
Affordable Housing Covenant

Page 31 ends

ATTACHMENT A

LEGAL DESCRIPTION OF PROPERTY
The land referred to is situated in the County of Sonoma, City of Healdsburg, State of California, and is described as follows:

Excepting therefrom all that portion described in the deed to the County of Sonoma, dated August 12, 1961 and recorded November 7, 1961 in Book 1857 of Official Records, Page 354, Serial No. G-71491.

Also excepting therefrom all that portion described in the deed to Marie Lorraine Evart, dated November 3, 1967 and recorded November 8, 1967 in Book 2298 of Official Records, Page 790, Serial No.

K-75021.

APN: 089-071-00

9.B.g
Packet Pg. 397 Attachment: Attachment No. 6 - Affordable Housing Covenant & Declaration of Restrictive Covenants (4165 : Disposition and Development ATTACHMENT NO. 7
OAK #4888-1727-2898 v1

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attention: City Clerk
APN: 089-071-002
)
)
)
)
)
)
)
)
The document is exempt from recording fees per
Government Code § 27383 and Building Homes & Jobs
Trust Fund Fee per Government Code § 27388.1(a)(2)(D).

GRANT DEED (INCLUDING OPTION TO REPURCHASE)
For valuable consideration, the receipt of which is hereby acknowledged:

The CITY OF HEALDSBURG, a California municipal corporation (“City” or “Grantor”), hereby grants to BURBANK HOUSING DEVELOPMENT CORPORATION, a California non-profit public benefit corporation (“Grantee”), the real property legally described in Exhibit A, attached hereto and incorporated herein by this reference (“Site”).

1. Grantor and Grantee are parties to a Disposition and Development Agreement dated for identification purposes as of __________, 20___ (“DDA”). The Site is conveyed subject to all matters of record. The Grantor and Grantee have executed a Memorandum of Disposition and Development Agreement (“Memorandum of Agreement”), and an Affordable Housing Covenant (“Affordable Housing Covenant”), each dated concurrently herewith and recorded against the Site. Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the DDA.

2. Option To Repurchase. Grantee hereby grants to Grantor the option to repurchase the Site or any portion thereof hereby conveyed and all improvements subsequently constructed thereon if after Conveyance of the Site and prior to issuance of the Certificate of Completion for the Project Improvements:
(a) Failure to Commence Construction. Grantee fails to Commence Construction of the Project Improvements on the Site within the time set forth in the Schedule of Performance attached to the DDA; or
(b) Failure Diligently to Prosecute Construction to Completion.

Once Grantee Commences Construction, Grantee fails diligently to prosecute construction of the Project Improvements to completion within the time set forth in the Schedule of Performance attached to the DDA; or
(c) Abandonment. Grantee abandons or substantially suspends construction of the Project Improvements for a period of three (3) months after Grantee’s receipt of written Notice of such abandonment or suspension from Grantor; or

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Packet Pg. 398 Attachment: Attachment No. 7 - Grant Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) OAK #4888-1727-2898 v1
(d) Unauthorized Sale or Transfer. Grantee directly or indirectly, voluntarily or involuntarily sells, assigns, transfers, disposes of or further encumbers or agrees to sell, assign, transfer, dispose of or further encumber or suffer to exist any other lien against all or any portion of or any interest in the Site, except in accordance with the terms of the DDA. For the purpose of this provision, the terms “sell” and “transfer” shall include, in addition to the common and ordinary meaning of those terms and without limiting their generality, transfers made to subsidiary or affiliated entities, and any “change in ownership” as that term is used from time to time in California real property taxation law.

This option shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit: (i) any mortgage, deed of trust or other security instrument permitted by the DDA; or (ii) any rights or interests provided in the DDA for the protection of the holder of such mortgages, deeds of trust or other security instruments.

To exercise its option to repurchase the Site or any portion thereof, Grantor shall pay to Grantee in cash an amount equal to: (A) the Purchase Price originally paid by Grantee; plus (B) the out-of-pocket costs actually incurred by Grantee for labor and materials for the construction of the Project Improvements or that portion thereof existing at the time Grantor exercises the option to repurchase (exclusive of amounts financed, if any, to the extent such financing obligations are assumed by Grantor); less (C) any net gains or net income withdrawn or made by Grantee from the Site or such portion thereof or the Project Improvements thereon; and less (D) the amount of unpaid liens on the Site or such portion thereof which Grantor agrees to pay or assume, and any unpaid current or past-due installments of taxes or assessments against the Site or portion thereof which Grantor agrees to pay or assume (collectively, the “Option Price”).

In order to exercise this repurchase option, Grantor shall give Grantee Notice of such exercise and Grantee shall, within forty-five (45) days after Grantee’s receipt of such Notice, provide Grantor with a detailed accounting of all of Grantee’s costs incurred as provided above, supported by contracts, invoices and evidence of payment. Grantor, within thirty (30) days thereafter, shall pay to Grantee in cash (through an escrow if desired by Grantor) all sums owing pursuant to this paragraph 2, and Grantee shall thereupon execute and deliver to Grantor a grant deed transferring to Grantor all of Grantee’s interest in the Site or portion thereof and improvements thereon, as applicable. Grantor shall have the continuing right to conduct an audit of Grantee’s records pertaining to the Option Price for a period of two (2) years following Grantee’s execution and delivery to Grantor of the grant deed; accordingly, Grantee shall maintain accurate books and records supporting its costs of design, construction and installation of the Project Improvements until the earlier of (i) issuance of a Certificate of Completion for the Project Improvements or (ii) two years following termination of the DDA.

3. Grantee covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of section 12955 of the Government Code, as those bases are defined in sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or

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Packet Pg. 399 Attachment: Attachment No. 7 - Grant Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) OAK #4888-1727-2898 v1
practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed.

All deeds, leases or contracts made relative to the Site, the improvements thereon or any part thereof shall contain or be subject to substantially the following nondiscrimination clauses:
a. In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of section 12955 of the Government Code, as those bases are defined in sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.”
b. In leases: “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:

That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of section 12955 of the Government Code, as those bases are defined in sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
c. In contracts: “There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of section 12955 of the Government Code, as those bases are defined in sections 12926,

9.B.h
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12926.1, subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises.”
The provisions of this paragraph 3 shall run with the land and shall be contained in each subsequent grant deed conveying title to the Site to any subsequent owner.

4. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument permitted by the DDA, provided, however, that any successor of Grantee to the Site shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such successor’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise.

5. The covenant contained in paragraph 2 shall remain in effect until issuance of a Certificate of Completion for the Project Improvements pursuant to Section 310 of the DDA.

The covenants against discrimination contained in paragraph 3 of this Grant Deed shall remain in perpetuity.

6. The covenants and option to repurchase contained in this Grant Deed shall be binding on Grantee and its heirs, executors, successors and assigns and any successor in interest to the Site or any part thereof, and such covenants and repurchase option shall run in favor of the Grantor and its successors and assigns for the entire period during which such covenants and option shall be in force and effect, without regard to whether the Grantor is or remains an owner of any land or interest therein to which such covenants or option relate. The Grantor, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach or repurchase option. The covenants and repurchase option contained in this Grant Deed shall be for the benefit of and shall be enforceable only by the Grantor and its successors and assigns.

7. In the event of any express conflict between this Grant Deed and the DDA, the provisions of this Grant Deed shall control.

IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized as of the date noted below.

9.B.h
Packet Pg. 401 Attachment: Attachment No. 7 - Grant Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) OAK #4888-1727-2898 v1
APPROVED AS TO FORM:
_______________________________
Samantha Zutler, City Attorney
GRANTOR:

CITY OF HEALDSBURG, a California
municipal corporation
By:

Jeffrey Kay, City Manager
[Signature must be notarized]
Date: ________________________, 20___
The provisions of this Grant Deed are hereby approved and accepted by Grantee.

GRANTEE:

BURBANK HOUSING

DEVELOPMENT CORPORATION,
a California non-profit public benefit
corporation
By: __________________________
Lawrance Florin, CEO
[Signature must be notarized]
Date: _____________________, 20___

9.B.h
Packet Pg. 402 Attachment: Attachment No. 7 - Grant Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) OAK #4888-1727-2898 v1

EXHIBIT A

LEGAL DESCRIPTION OF SITE
The land referred to is situated in the County of Sonoma, City of Healdsburg, State of California, and is described as follows:

Excepting therefrom all that portion described in the deed to the County of Sonoma, dated August 12, 1961 and recorded November 7, 1961 in Book 1857 of Official Records, Page 354, Serial No. G-71491.

APN: 089-071-002

9.B.h
Packet Pg. 403 Attachment: Attachment No. 7 - Grant Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) ATTACHMENT NO. 8
4856-5326-1122 v3

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CERTIFICATE OF COMPLETION
THIS CERTIFICATE OF COMPLETION (“Certificate of Completion”) is made by the CITY OF HEALDSBURG, a California municipal corporation (“City”), for the benefit of BURBANK HOUSING DEVELOPMENT CORPORATION, a California non-profit public benefit corporation (“Developer”), as of the date set forth below.

RECITALS
A. City and Developer have entered into that certain Disposition and Development Agreement (“DDA”) dated ____________, 20___, a Memorandum of Agreement of which was recorded on _______________, 20___, in the Official Records of Sonoma County as Instrument No. ____________, concerning the redevelopment of certain real property (“Site”) situated in the City of Healdsburg, California, as more fully described in Exhibit A attached hereto and made a part hereof. Pursuant to the DDA, City conveyed fee title to the Site to Developer on or about ____________, 20___.

B. City and Developer are also Parties to an Affordable Housing Covenant dated ______________, 20__, recorded against the Site in the Official Records of Sonoma County as Instrument No. ________ (“Affordable Housing Covenant”).

C. As provided in Section 310 of the DDA, City is required to furnish Developer or its successors with a Certificate of Completion upon satisfactory completion of the Project Improvements. This Certificate of Completion is City’s conclusive determination of Developer’s satisfactory completion of the construction and development of the Project Improvements required by the DDA.

NOW, THEREFORE, City hereby certifies as follows:

1. The work of Project Improvements to be constructed by Developer has been fully and satisfactorily completed in conformance with the DDA.

2. All affordable housing, use, maintenance, nondiscrimination and other covenants contained in the Affordable Housing Covenant shall remain in effect and enforceable according to their terms.

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Packet Pg. 404 Attachment: Attachment No. 8 - Certificate of Completion (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) ATTACHMENT NO. 8
4856-5326-1122 v3

3. This Certificate of Completion shall not be deemed or construed to constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the construction and development of the Project Improvements on the Site. This Certificate of Completion is not a notice of completion as referred to in section 3093 of the California Civil Code.

IN WITNESS WHEREOF, City has executed this Certificate of Completion this _____ day of ____________________, 20___.

CITY OF HEALDSBURG, a California municipal
corporation
By:

Print Name: Jeff Kay
Its: City Manager
[notary acknowledgment required]
ATTEST:
________________________
Raina Allan, City Clerk

9.B.i
Packet Pg. 405 Attachment: Attachment No. 8 - Certificate of Completion (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) ATTACHMENT NO. 8
4856-5326-1122 v3

EXHIBIT A

LEGAL DESCRIPTION OF SITE
The land referred to is situated in the County of Sonoma, City of Healdsburg, State of California, and is described as follows:

Excepting therefrom all that portion described in the deed to the County of Sonoma, dated August 12, 1961 and recorded November 7, 1961 in Book 1857 of Official Records, Page 354, Serial No. G-71491.

APN: 089-071-002

9.B.i
Packet Pg. 406 Attachment: Attachment No. 8 - Certificate of Completion (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) ATTACHMENT NO. 9
4877-0528-0835 v3

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attn: Public Works
Exempt From Recording Fees, Building Homes
& Jobs Trust Fund Fee & Documentary Transfer
Tax: Gov. Code § 27383, § 27388.1(A)(2)(D),
Rev & Tax Code § 11922
APN: 089-071-002 (SPACE ABOVE FOR RECORDER’S USE ONLY)

STORM DRAIN EASEMENT DEED
This STORM DRAIN EASEMENT DEED (“Easement Deed”) is made by and between BURBANK HOUSING DEVELOPMENT CORPORATION, a California non-profit public benefit corporation (“Grantor”) and the City of Healdsburg, a California municipal corporation (“City” or “Grantee”) as of this __________ day of _________, 202__ (“Effective Date”).

Grantor and City are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

RECITALS
A. Grantor is the fee owner of certain real property located at 155 Dry Creek Road, in the City of Healdsburg, County of Sonoma, State of California, legally described in Exhibit A (“Site”).

B. On ______, 2023, Grantor and City entered into a Disposition and Development Agreement (“DDA”), governing, among other matters, the development of the Site by Grantor with affordable housing. A Memorandum of Disposition and Development Agreement, dated _________, 2023, was recorded against the Site on ___________, 2023, in the official records of the Office of the County Clerk-Recorder of the County of Sonoma (“Official Records”), at Instrument No. __________.

C. Pursuant to the terms of the DDA, Grantor is required to dedicate to City a ten foot (10’) wide public storm drain easement in the location of existing storm drain pipes and outfalls across the northerly portion of Site, in perpetuity, prior to the issuance of a certificate of occupancy by City for the Site.

D. Grantor has completed the construction of the Project Improvements, as defined in the DDA, and desires to secure a certificate of occupancy for the Site from City.

E. Grantor desires to grant to City, and City desires to obtain from Grantor, a permanent, exclusive easement over, upon and across a portion of the Site, legally described in

9.B.j
Packet Pg. 407 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3 2
Exhibit B and depicted in Exhibit C attached hereto and incorporated herein by this reference (“Storm Drain Easement Area”), for the purpose of constructing, installing, repairing, rehabilitating, replacing, and maintaining a public storm drain on the Site.

F. The Parties further desire hereby to set forth their respective rights and obligations in connection therewith.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained in this Easement Deed, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Storm Drain Easement.
a. Rights Granted. Grantor hereby grants City a permanent, exclusive easement, which shall run with the land, to enter upon, in, under, over and across, exit from, traverse, and otherwise use the Storm Drain Easement Area in order to use, operate, access, construct, install, repair, rehabilitate, replace and maintain a public storm drain thereon (“Storm Drain Easement”), including, but not limited to, the temporary storage of supplies, materials and equipment and for other purposes reasonably related to or necessary to facilitate the use, operation, construction, installation, repair, rehabilitation, replacement and maintenance of the public storm drain within the Storm Drain Easement Area (“Work”). b. No Unreasonable Interference. Grantor shall not obstruct, use, grant, or permit any agent, contractor, subcontractor or consultant of Grantor (“Grantor Party”) to use any portion of the Storm Drain Easement Area in any manner that will unreasonably interfere with the Work, or use or enjoyment of the Storm Drain Easement, or any other rights granted hereunder (collectively, the “Access Rights”).

2. Work.
a. Conduct of Work; Repair and Restoration.
i. City shall undertake, construct and perform all Work on the Storm Drain Easement Area using materials selected by City at its sole cost and expense, and in accordance with applicable laws, ordinances, codes, rules and regulations of all governmental authorities having jurisdiction over such Work. All Work shall be conducted and in a manner and timetable determined in City’s sole discretion.
ii. City shall be responsible for any damage or destruction to the Site, including the Storm Drain Easement Area, caused by City, its agents or contractors as a result of its use of the Storm Drain Easement. City shall promptly repair and replace any damage to the Storm Drain Easement Area caused by City’s Work or utilization of the Storm Drain Easement. b. Permits and Licenses; Compliance with Law. In connection with its Work or use of the Storm Drain Easement, City (i) shall comply with all applicable legal requirements, including all federal, state, and local laws (including City ordinances and resolutions, and

9.B.j
Packet Pg. 408 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3 3
requirements of other agencies with authority), whether or not said laws are expressly stated herein, and (ii) shall, at its sole cost and expense, obtain and maintain all necessary permits and licenses.
c. Liens. City shall pay, when due, all persons furnishing labor or materials in connection with any work to be performed by or on behalf of City related to the Work and on or about the Storm Drain Easement Area, and shall keep the Site and Storm Drain Easement Area free and clear of any related mechanics’ liens. If any lien is filed, the City shall cause such lien to be released and removed within ten (10) days after the date of filing, and if City fails to do so, the Grantor may take such action as may be necessary to remove such lien, without the duty to investigate the validity of the lien (unless the City has commenced an action to contest, dispute or defend the claims of lienholders and has provided Grantor with written notice of the pendency of the action), and the City shall reimburse Grantor for reasonable actual amounts expended in connection with removing such lien together with interest thereon at the Local Agency Investment Fund interest rate, from the date of expenditure.

3. Indemnification. City shall indemnify, defend and hold Grantor and its directors, officers, agents, employees, partners, servants, successors and assigns (each an “Indemnitee” and collectively, the “Indemnitees”) harmless from and against any loss, cost, damage, expense (including reasonable attorney’s fees and costs) or claim arising from the use of the Storm Drain Easement by City, its agents, employees and contractors, including, without limitation, any damage to the Site and its improvements, except to the extent caused by the negligence or willful misconduct of an Indemnitee or Grantor Party.

4. Insurance. As long as this Easement Deed remains in effect, City shall, at its sole cost and expense, procure and maintain in effect, or cause to be procured and maintained in effect when performing Work on the Site pursuant to this Easement Deed, insurance coverage for general liability, automobile liability, and workers compensation against claims which may arise out of or result from use of the Storm Drain Easement by City, its agents, employees and contractors. The insurance policies shall be provided either by a pool of self-insurance between City and other local public agencies formed pursuant to the Joint Exercise of Powers Act, and/or written by a financially responsible insurance company authorized to write business in the State of California and have, at all times, a Best’s rating of “A- VII” (A minus VII) or better by AM Best & Company, and with coverage and policy limits as follows:
(i) The general liability insurance coverage shall have a per occurrence limit of one million and 00/100 dollars ($1,000,000.00) and an aggregate limit of two million and 00/100 dollars ($2,000,000.00), and shall be endorsed to (a) include the Indemnitees as additional covered parties providing all required coverages including coverages for both ongoing and completed operations, (b) stipulate that such coverage is primary and is not in excess of, or contributing with, any other insurance carried by, or for the benefit of the additional insureds, (c) apply separately to each insured and additional insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability, (d) waive any and all right of subrogation against the additional insureds, and (e) contain a cross liability/severability endorsement (unless the base policy contains a separation of insureds clause accomplishing the same result);

9.B.j
Packet Pg. 409 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3 4
(ii) The auto liability insurance coverage shall cover all owned, hired and non-owned vehicles brought onto the Storm Drain Easement Area with a per occurrence limit of one million and 00/100 dollars ($2,000,000.00) and an aggregate limit of two million and 00/100 dollars ($2,000,000.00), and shall be endorsed to (a) include the Indemnitees as additional covered parties, (b) stipulate that such coverage is primary and is not in excess of, or contributing with, any other insurance carried by, or for the benefit of the additional insureds, (c) apply separately to each insured and additional insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability, (d) waive any and all right of subrogation against the additional insureds, and (e) contain a cross liability/severability endorsement (unless the base policy contains a separation of insureds clause accomplishing the same result); and (iii) Worker’s Compensation insurance as required by the State of California which shall be endorsed to waive any and all right of subrogation against the Indemnitees; further, any and all subcontractors shall maintain insurance coverage limits in accordance with state statute which shall also be endorsed to waive any and all rights of subrogation against the Indemnitees.

5. No Merger; Recordation; Amendment. The rights granted hereunder shall not be terminated or extinguished by nonuse, abandonment, merger, or any other manner. This Easement Deed shall be recorded in the Official Records. This Easement Deed may be modified only by the written consent of the Parties, evidenced by a document that has been fully executed.

Notwithstanding any of the foregoing, City has the right to unilaterally terminate this Easement Deed via a document that has been approved and executed by City (regardless of any Grantor or other approval, consent, or signature).

6. Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Easement Deed shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions or conditions hereof.

7. Counterparts. The Parties hereto agree that this Easement Deed may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the Parties hereto, notwithstanding all of the Parties are not signatory to the original or the same counterparts.

8. Legal and Equitable Relief. Each Party shall have the right (but not the obligation) to prosecute any proceedings at law or in equity against any other Party, or any other person or entity, violating or attempting to violate or defaulting in the performance of any of the provisions contained in this Easement Deed in order to prevent such Party, person or entity from violating or attempting to violate or defaulting in the performance of any of the provisions of this Easement Deed or to recover damages for any such violation or default. It is agreed that damages would be an inadequate remedy for violation of this Easement Deed by any Party and, therefore, injunctive or other appropriate equitable relief shall be available to the other Party.

9.B.j
Packet Pg. 410 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3 5
declared to be and to constitute a nuisance, and every remedy allowed by law or equity against any Party, either public or private, shall be applicable against every such result and may be exercised by any Party.

9. Venue; Attorneys’ Fees. In the event that any action is brought by either Party hereto as against the other Party for the enforcement or declaration of any right or remedy in or under this Easement Deed or for the breach of any covenant or condition of this Easement Deed, venue shall be in the Superior Court of the County of Sonoma, State of California, and the prevailing party shall be entitled to recover, and the other Party agrees to pay (in addition to any other relief that may be granted) all fees and costs to be fixed by the court therein including, but not limited to, reasonable attorneys’ fees.

10. Notices. Except as expressly set forth herein, any notice to be given or other document to be delivered by either Party to the other hereunder shall be in writing and shall be deemed to have been duly given and received (i) upon personal delivery, (ii) as of the third business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as set forth below, or (iii) the immediately succeeding business day after deposit with Federal Express or other equivalent overnight courier, addressed to the Party for whom intended, set forth in this Section 10. Any Party hereto may from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified.

If to City: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attn: Public Works Director
If to Grantor: Burbank Housing Development Corporation
1425 Corporate Center Parkway
Santa Rosa, CA 95407
Attn: ______________

11. Relationship Between the Parties; Authority; Binding Effect. This Easement Deed does not create any partnership or agency between the Parties, each of which is, and at all times shall remain, solely responsible for all acts of its officials, employees, agents, contractors and any subcontractors, including any negligent acts or omissions. Neither Party is an agent of the other, and has no authority to act on behalf of or to bind the other Party to any obligation whatsoever. Each Party executing this Easement Deed represents and warrants to the other Party that the person executing this Easement Deed on its behalf is duly and validly authorized to do so on behalf of the entity it purports to bind. Each of the terms, covenants and conditions of this Easement Deed shall extend to and be binding on and shall inure to the benefit the Parties and each of their respective successors and assigns and all those taking by, under or through it or them.

9.B.j
Packet Pg. 411 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3 6

12. No Third Party Beneficiaries. Notwithstanding anything in this Easement Deed to the contrary, nothing herein is intended to create any third party benefit and there are no third party beneficiaries of this Easement Deed or the Access Rights.

13. Assignment. City shall have the right and authority to assign its rights under this Easement Deed to another public agency or entity.

14. Mortgagee Consent, Subordaintion and Protection. This Easement Deed, and the rights, privileges, covenants, agreements and Storm Drain Easement hereunder with respect to the Storm Drain Easement Area, shall be superior and senior to any lien placed upon the Site prior to or following the Effective Date, including the lien of any mortgage or deed of trust.

Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any mortgage or deed of trust made in good faith and for value, but the rights, privileges, covenants, agreements, Storm Drain Easement and other provisions contained in this Easement Deed shall be binding upon and effective against any person (including, but not limited to, any mortgagee or beneficiary under a deed of trust) who acquires title to the Site or any portion thereof by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise.

Developer or any subsequent owner of all or any portion of the Site may, at any time during the term of this Easement Deed, and from time to time, deliver written notice to the City requesting that the City certify in writing the Developer's compliance with this Easement Deed. Upon receiving such request, the City Manager or his or her designee shall execute and return such certificate or give a written, detailed response explaining why it will not do so within twenty (20) days following the receipt thereof. The consent and subordination of the existing mortgagee of record to this Easement Deed is attached hereto as Exhibit D.

15. Entire Agreement; Interpretation. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Easement Deed. This Easement Deed constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Easement Deed are not a part of this Easement Deed and shall have no effect upon the construction or interpretation of any part of this Easement Deed. As used in this Easement Deed, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation.” This Easement Deed shall be interpreted as though prepared jointly by both Parties.

The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Easement Deed. Any general rule of construction to the contrary, this Easement Deed shall be construed to affect the Access Rights.

16. Severability. If any term, provision, condition or covenant of this Easement Deed or its application to any Party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Easement Deed, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

9.B.j
Packet Pg. 412 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3 7
IN WITNESS WHEREOF, the Parties have executed this Easement Deed as of the Effective Date.

CITY:

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: Jeffrey Kay
Its: City Manager
Date:
“Effective Date”
APPROVED AS TO FORM:

By:

Samantha Zutler, City Attorney
GRANTOR:

BURBANK HOUSING DEVELOPMENT
CORPORATION, a California non-profit
public benefit corporation
By: ________________________________
Name: Lawrance Florin
Its: Chief Executive Officer
Date:

9.B.j
Packet Pg. 413 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3

ACKNOWLEDGMENT
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 ____________________, 20__ before me, _____________________________________, Notary Public, 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)

9.B.j
Packet Pg. 414 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3

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)

9.B.j
Packet Pg. 415 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3

EXHIBIT A

LEGAL DESCRIPTION OF SITE
The land referred to is situated in the County of Sonoma, City of Healdsburg, State of California, and is described as follows:

Excepting therefrom all that portion described in the deed to the County of Sonoma, dated August 12, 1961 and recorded November 7, 1961 in Book 1857 of Official Records, Page 354, Serial No. G-71491.

APN: 089-071-002

9.B.j
Packet Pg. 416 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3

EXHIBIT B

LEGAL DESCRIPTION OF STORM DRAIN EASEMENT AREA

EXHIBIT C

DEPICTION OF STORM DRAIN EASEMENT AREA

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Packet Pg. 417 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3

EXHIBIT D

CONSENT AND SUBORDINATION TO

STORM DRAIN EASEMENT DEED
The undersigned, as present Beneficiary under that certain [DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING] recorded ___________, 20__, under Series No. ________________ in the Official Records of Sonoma County, executed by ____________________, a ________________, as Trustor, to ____________________, as Trustee (the "Deed of Trust"), does hereby consent to the execution and recordation of the Storm Drain Easement Deed, dated as of _______, 20__ (the "Agreement"), to which this consent is attached, and does hereby subordinate the lien of the Deed of Trust to the Agreement, subject to the mortgagee protections set forth in Section 14 of the Agreement, to the same extent and with the same force and effect as if the Agreement had been executed and recorded prior to the execution and recordation of the Deed of Trust.

IN WITNESS WHEREOF, the undersigned has executed this consent this ______ day of _____, 20__.

BENEFICIARY:
__________________, a _________________________
By: _______________________________
Name: _______________________________
Its: _______________________________

9.B.j
Packet Pg. 418 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3

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)

9.B.j
Packet Pg. 419 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property situated in the City of Healdsburg, County of Sonoma, State of California, conveyed by PUBLIC STORM DRAIN EASEMENT DEED, dated ___________, 202__ (“Easement Deed”), from BURBANK HOUSING DEVELOPMENT CORPORATION, a California non-profit public benefit corporation (“Grantor”) to CITY OF HEALDSBURG, a California municipal corporation (“Grantee”), is hereby accepted by the undersigned officer or agent on behalf of the Grantee, pursuant to authority conferred by Resolution No. _____________, adopted by the City Council of the City of Healdsburg on ____________________, 2023, and the Grantee consents to recordation of the Easement Deed by its duly authorized officer.

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: Jeffrey Kay
Its: City Manager
Date: ______________________, 2022

9.B.j
Packet Pg. 420 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4877-0528-0835 v3

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)

9.B.j
Packet Pg. 421 Attachment: Attachment No. 9 - Storm Drain Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek Commons ATTACHMENT NO. 10
4864-3396-4867 v2

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

EMERGENCY VEHICLE ACCESS EASEMENT DEED
This EMERGENCY VEHICLE ACCESS EASEMENT DEED (“Easement Deed”) is made by and between BURBANK HOUSING DEVELOPMENT CORPORATION, a California non-profit public benefit corporation (“Grantor”) and the City of Healdsburg, a California municipal corporation (“City” or “Grantee”) as of this __________ day of _________, 202__ (“Effective Date”). Grantor and City are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

C. Pursuant to the terms of the DDA, Grantor is required to dedicate to City a twenty foot (20’) wide emergency vehicle access easement in the location of the parking lot drive aisle, including the turnaround, from the north end of the parking lot to Dry Creek Road, in perpetuity, prior to the issuance of a certificate of occupancy for the Site from City.

D. Grantor has completed the construction of the Project Improvements, as defined in the DDA, and desires to secure a certificate of occupancy for the Site from City.

E. Grantor desires to grant to City, and City desires to obtain from Grantor, a permanent, exclusive easement over, upon and across a portion of the Site, legally described in

9.B.k
Packet Pg. 422 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek 4864-3396-4867 v2 2
Exhibit B and depicted in Exhibit C attached hereto and incorporated herein by this reference (“Emergency Vehicle Access Easement Area”), for the purpose of ingress and egress of emergency vehicles on, over and across a portion of the Site.

F. The Parties further desire hereby to set forth their respective rights and obligations in connection therewith.

1. Access Easement.
a. Rights Granted. Grantor hereby grants City a permanent, exclusive easement, which shall run with the land, to enter upon, in, over and across, exit from, traverse, and otherwise use the Emergency Vehicle Access Easement Area in order for public emergency vehicles to access the Site (“Access Easement”), including, but not limited to, the temporary storage of supplies, materials and equipment and for other purposes reasonably related to or necessary to facilitate the use and operation of emergency vehicles within the Emergency Vehicle Access Easement Area during an emergency event at the Site (“Emergency Event”). b. No Unreasonable Interference. Grantor shall not obstruct, use, grant, or permit any agent, contractor, subcontractor or consultant of Grantor (“Grantor Party”) to use any portion of the Emergency Vehicle Access Easement Area in any manner that will unreasonably interfere with a response to an Emergency Event, or use or enjoyment of the Access Easement, or any other rights granted hereunder (collectively, the “Access Rights”).

2. No Merger; Recordation; Amendment. The rights granted hereunder shall not be terminated or extinguished by nonuse, abandonment, merger, or any other manner. This Easement Deed shall be recorded in the Official Records. This Easement Deed may be modified only by the written consent of the Parties, evidenced by a document that has been fully executed.

3. Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Easement Deed shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions or conditions hereof.

4. Counterparts. The Parties hereto agree that this Easement Deed may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the Parties hereto, notwithstanding all of the Parties are not signatory to the original or the same counterparts.

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Packet Pg. 423 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek 4864-3396-4867 v2 3

5. Legal and Equitable Relief. Each Party shall have the right (but not the obligation) to prosecute any proceedings at law or in equity against any other Party, or any other person or entity, violating or attempting to violate or defaulting in the performance of any of the provisions contained in this Easement Deed in order to prevent such Party, person or entity from violating or attempting to violate or defaulting in the performance of any of the provisions of this Easement Deed or to recover damages for any such violation or default. It is agreed that damages would be an inadequate remedy for violation of this Easement Deed by any Party and, therefore, injunctive or other appropriate equitable relief shall be available to the other Party.

The remedies available under this Section 8 shall include, by way of illustration but not limitation, ex parte applications for temporary restraining orders, preliminary injunctions and permanent injunctions enjoining any such violation or attempted violation or default, and actions for specific performance of this Agreement. The result of every action or omission whereby any covenant, condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against any Party, either public or private, shall be applicable against every such result and may be exercised by any Party.

6. Venue; Attorneys’ Fees. In the event that any action is brought by either Party hereto as against the other Party for the enforcement or declaration of any right or remedy in or under this Easement Deed or for the breach of any covenant or condition of this Easement Deed, venue shall be in the Superior Court of the County of Sonoma, State of California, and the prevailing party shall be entitled to recover, and the other Party agrees to pay (in addition to any other relief that may be granted) all fees and costs to be fixed by the court therein including, but not limited to, reasonable attorneys’ fees.

7. Notices. Except as expressly set forth herein, any notice to be given or other document to be delivered by either Party to the other hereunder shall be in writing and shall be deemed to have been duly given and received (i) upon personal delivery, (ii) as of the third business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as set forth below, or (iii) the immediately succeeding business day after deposit with Federal Express or other equivalent overnight courier, addressed to the Party for whom intended, set forth in this Section 10. Any Party hereto may from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified.

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Packet Pg. 424 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek 4864-3396-4867 v2 4

8. Relationship Between the Parties; Authority; Binding Effect. This Easement Deed does not create any partnership or agency between the Parties, each of which is, and at all times shall remain, solely responsible for all acts of its officials, employees, agents, contractors and any subcontractors, including any negligent acts or omissions. Neither Party is an agent of the other, and has no authority to act on behalf of or to bind the other Party to any obligation whatsoever. Each Party executing this Easement Deed represents and warrants to the other Party that the person executing this Easement Deed on its behalf is duly and validly authorized to do so on behalf of the entity it purports to bind. Each of the terms, covenants and conditions of this Easement Deed shall extend to and be binding on and shall inure to the benefit the Parties and each of their respective successors and assigns and all those taking by, under or through it or them.

9. No Third Party Beneficiaries. Notwithstanding anything in this Easement Deed to the contrary, nothing herein is intended to create any third party benefit and there are no third party beneficiaries of this Easement Deed or the Access Rights.

10. Assignment. City shall have the right and authority to assign its rights under this Easement Deed to another public agency or entity.

11. Mortgagee Consent, Subordaintion and Protection. This Easement Deed, and the rights, privileges, covenants, agreements and Access Easement hereunder with respect to the Emergency Vehicle Access Easement Area, shall be superior and senior to any lien placed upon the Site prior to or following the Effective Date, including the lien of any mortgage or deed of trust. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any mortgage or deed of trust made in good faith and for value, but the rights, privileges, covenants, agreements, Access Easement and other provisions contained in this Easement Deed shall be binding upon and effective against any person (including, but not limited to, any mortgagee or beneficiary under a deed of trust) who acquires title to the Site or any portion thereof by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise.

12. Entire Agreement; Interpretation. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Easement Deed. This Easement Deed constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Easement Deed are not a part of this Easement Deed and shall have no effect upon the construction or interpretation of any part of this Easement Deed. As used in this Easement Deed, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation.” This Easement Deed shall be interpreted as though prepared jointly by both Parties.

9.B.k
Packet Pg. 425 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek 4864-3396-4867 v2 5
The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Easement Deed. Any general rule of construction to the contrary, this Easement Deed shall be construed to affect the Access Rights.

13. Severability. If any term, provision, condition or covenant of this Easement Deed or its application to any Party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Easement Deed, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
[Signatures Appear On Next Page]

9.B.k
Packet Pg. 426 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek 4864-3396-4867 v2 6
IN WITNESS WHEREOF, the Parties have executed this Easement Deed as of the Effective Date.

CITY:

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: Jeffrey Kay
Its: City Manager
Date:
“Effective Date”
APPROVED AS TO FORM:

By:

Samantha Zutler, City Attorney
GRANTOR:

BURBANK HOUSING DEVELOPMENT
CORPORATION, a California non-profit
public benefit corporation
By: ________________________________
Name: Lawrance Florin
Its: Chief Executive Officer
Date:

9.B.k
Packet Pg. 427 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek 4864-3396-4867 v2

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)

9.B.k
Packet Pg. 428 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek 4864-3396-4867 v2

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)

9.B.k
Packet Pg. 429 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek 4864-3396-4867 v2

EXHIBIT A

LEGAL DESCRIPTION OF SITE
The land referred to is situated in the County of Sonoma, City of Healdsburg, State of California, and is described as follows:

Excepting therefrom all that portion described in the deed to the County of Sonoma, dated August 12, 1961 and recorded November 7, 1961 in Book 1857 of Official Records, Page 354, Serial No. G-71491.

APN: 089-071-002

9.B.k
Packet Pg. 430 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek 4864-3396-4867 v2

EXHIBIT B

LEGAL DESCRPTION OF EMERGENCY VEHICLE ACCESS EASEMENT AREA

EXHIBIT C

DEPICTION OF EMERGENCY VEHICLE ACCESS EASEMENT AREA

9.B.k
Packet Pg. 431 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek 4864-3396-4867 v2

EXHIBIT D

CONSENT AND SUBORDINATION TO

EMERGENCY VEHICLE ACCESS EASEMENT DEED
The undersigned, as present Beneficiary under that certain [DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING] recorded ___________, 20__, under Series No. ________________ in the Official Records of Sonoma County, executed by ____________________, a ________________, as Trustor, to ____________________, as Trustee (the "Deed of Trust"), does hereby consent to the execution and recordation of the Emergency Vehicle Access Easement Deed, dated as of _______, 20__ (the "Agreement"), to which this consent is attached, and does hereby subordinate the lien of the Deed of Trust to the Agreement, subject to the mortgagee protections set forth in Section 11 of the Agreement, to the same extent and with the same force and effect as if the Agreement had been executed and recorded prior to the execution and recordation of the Deed of Trust.

IN WITNESS WHEREOF, the undersigned has executed this consent this ______ day of _____, 20__.

BENEFICIARY:
__________________, a _________________________
By: _______________________________
Name: _______________________________
Its: _______________________________

9.B.k
Packet Pg. 432 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek 4864-3396-4867 v2

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)

9.B.k
Packet Pg. 433 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek 4864-3396-4867 v2

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property situated in the City of Healdsburg, County of Sonoma, State of California, conveyed by EMERGENCY VEHICLE ACCESS EASEMENT DEED, dated ___________, 202__ (“Easement Deed”), from BURBANK HOUSING DEVELOPMENT CORPORATION, a California non-profit public benefit corporation (“Grantor”) to CITY OF HEALDSBURG, a California municipal corporation (“Grantee”), is hereby accepted by the undersigned officer or agent on behalf of the Grantee, pursuant to authority conferred by Resolution No. _____________, adopted by the City Council of the City of Healdsburg on ____________________, 2023, and the Grantee consents to recordation of the Easement Deed by its duly authorized officer.

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: Jeffrey Kay
Its: City Manager
Date: ______________________, 2022

9.B.k
Packet Pg. 434 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek 4864-3396-4867 v2

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)

9.B.k
Packet Pg. 435 Attachment: Attachment No. 10 - Emergency Vehicle Access Easement Deed (4165 : Disposition and Development Agreement - 155 Dry Creek

Page 1 of 1 ends

ORDER NO. : 1117026213

EXHIBIT A
The land referred to is situated in the County of Sonoma, City of Healdsburg, State of California, and is described as follows:

Excepting therefrom all that portion described in the deed to the County of Sonoma, dated August 12, 1961 and recorded November 7, 1961 in Book 1857 of Official Records, Page 354, Serial No. G-71491.

APN: 089-071-002

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Packet Pg. 436 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached

Page 1 of 7 ends

ORT 3158-A (Rev. 08/07/08)
555 12th Street, Suite 2000
Oakland, CA 94607
(510) 272-1121 Fax: (510) 208-5045

PRELIMINARY REPORT

UPDATED
Our Order Number 1117026213-JM
When Replying Please Contact:

Julie Massey
[email protected]
(510) 272-1121

BURBANK HOUSING
1425 Corporate Center Parkway
Santa Rosa, CA 95407
Attention: KAREN MASSEY
Property Address:
155 Dry Creek Road, Healdsburg, CA 95448
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE COMPANY, as issuing Agent of Old Republic National Title Insurance Company, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit I attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the Homeowner’s Policy of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit I. Copies of the Policy forms should be read. They are available from the office which issued this report.

Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit I of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

Dated as of January 13, 2023, at 7:30 AM

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Packet Pg. 437 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1117026213-JM

UPDATED

Page 2 of 7 ends

ORT 3158-B
The form of policy of title insurance contemplated by this report is:

CLTA Standard Coverage Owner's Policy of Title Insurance - 2022; AND ALTA Loan Policy of Title Insurance - 2021. A specific request should be made if another form or additional coverage is desired.

The estate or interest in the land hereinafter described or referred or covered by this Report is:

Fee
Title to said estate or interest at the date hereof is vested in:

City of Healdsburg, a municipal corporation
The land referred to in this Report is situated in the County of Sonoma, City of Healdsburg, State of California, and is described as follows:

Excepting therefrom all that portion described in the deed to the County of Sonoma, dated August 12, 1961 and recorded November 7, 1961 in Book 1857 of Official Records, Page 354, Serial No. G-71491.

APN: 089-071-002
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows:

1. Taxes and assessments, general and special, for the fiscal year 2023 - 2024, a lien, but not yet due or payable.

9.B.l
Packet Pg. 438 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1117026213-JM

UPDATED

Page 3 of 7 ends

ORT 3158-B

2. Taxes and assessments, general and special, are currently not assessed because of a statutory exemption. Should the statutory exemption change, taxes may be levied against the land.

3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of California.

4. Any easement for water course over that portion of said land lying within the banks of Foss Creek and any changes in the boundary lines of said land that have occurred or may hereafter occur from natural causes.

5. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following
Granted To : County of Sonoma
For : Channel Construction
Recorded : November 17, 1961 in Book 1857 of Official Records, Page 352 Affects : The Southwesterly portion

6. Redevelopment Plan, as follows:

Entitled : Statement of Institution of Redevelopment Proceedings Recorded : June 17, 1981 in Official Records under Recorder's Serial Number 1981-34436
And any amendments thereto.

7. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following
Granted To : City of Healdsburg
For : Storm drain purposes
Recorded : April 28, 1987 in Official Records under Recorder's Serial Number 1987-038039
Affects : The Westerly portion

8. Building set-back line as shown on the filed map.

Affects : Westerly 30 feet

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Packet Pg. 439 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1117026213-JM

UPDATED

Page 4 of 7 ends

ORT 3158-B

9. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as shown on the filed map.

For : Public utilities and road
Affects : The Southerly portion
Said easements were accepted by document recorded September 26, 2002 as Document 2002146042.

10. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following
Granted To : City of Santa Rosa
For : Permanent pipeline purposes and temporary construction purposes Recorded : April 9, 2002 in Official Records under Recorder's Serial Number 2002-052131
Affects : The herein described property

11. Matters as contained or referred to in an instrument, Entitled : Grant Deed
Executed By : Redevelopment Agency of the City of Healdsburg, a public agency Recorded : March 17, 2011 in Official Records under Recorder's Serial Number 2011024555
Note: Reference is made to said instrument for full particulars.

12. The requirement that satisfactory evidence be furnished to this Company of compliance with applicable statutes, ordinances and charters governing the ownership and disposition of the herein described land.

13. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

14. Any unrecorded and subsisting leases.

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Packet Pg. 440 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1117026213-JM

UPDATED

Page 5 of 7 ends

ORT 3158-B

15. The requirement that this Company be provided with a suitable Owner's Declaration (form ORT 174). The Company reserves the right to make additional exceptions and/or requirements upon review of the Owner's Declaration.

16. Any claim of lien for services, labor or material arising from an improvement or work under construction or completed at the date hereof.

17. Note: It appears that Old Republic National Title Insurance may be asked to insure against the rights of Mechanics Lien claimants. The Company may require the following:

A. Signed indemnities by all parties.

B. A copy of the construction cost breakdown.

C. Appropriate financial statements from all Indemnitors. -------------------- Informational Notes ------------------- A. The applicable rate(s) for the policy(s) being offered by this report or commitment appears to be section(s) TBD.

B. NOTE: The last recorded transfer or agreement to transfer the land described herein is as follows:

Instrument
Entitled : Grant Deed
By/From : Redevelopment Agency of the City of Healdsburg, a public agency To : City of Healdsburg, a municipal corporation
Recorded : March 17, 2011 in Official Records under Recorder's Serial Number 2011024555
C. We find no open Deeds of Trust. A written statement must be provided by the current owner(s) attesting to whether any outstanding Deeds of Trust exist.

D. The City of Petaluma has imposed a transfer tax of $2.00 per thousand dollars of consideration.

The City of Santa Rosa has imposed a transfer tax of $2.00 per thousand dollars of consideration.

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Packet Pg. 441 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1117026213-JM

UPDATED

Page 6 of 7 ends

ORT 3158-B
E. January 24, 2023 The above 1st Updated Preliminary Report, has been modified for the following :
1 Taxes
2 Plant Date

9.B.l
Packet Pg. 442 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1117026213-JM

UPDATED

Page 7 of 7 ends

ORT 3158-B
NOTE:

The following statement is deemed attached as a coversheet to any declaration, governing document, or deed identified in the above exceptions:

If this document contains any restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code by submitting a “Restrictive Covenant Modification” form, together with a copy of the attached document with the unlawful provision redacted to the county recorder’s office. The “Restrictive Covenant Modification” form can be obtained from the county recorder’s office and may be available on its internet website. The form may also be available from the party that provided you with this document. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.

Information for processing a “Restrictive Covenant Modification” form:

1. Print a complete copy of the document in question. Strike out what you believe to be unlawful restrictive language in the document.

2. Print and complete the “Restrictive Covenant Modification” (“RCM”) form. Note that the signature on the form must be acknowledged by a notary public or other qualified officer.

3. Submit the completed RCM form and the document with your strike-outs to the County Clerk-Recorder’s Office for the county where the property is located. No fee is required for this service.

4. The County Clerk-Recorder’s Office will forward the RCM form and the document with your strike-outs to the Office of the County Counsel, who will determine whether the document contains any unlawful restrictions.

5. The Office of the County Counsel will return the RCM form and the document with your strike-outs to the County Clerk-Recorder’s Office along with its determination. If approved, a Deputy County Counsel will sign the RCM, and the County Clerk-Recorder’s Office will record, image and index it. If the Office of the County Counsel determines that the document does not contain an unlawful restriction, the County Clerk-Recorder’s Office will not record the RCM.

6. The approved RCM will be returned to the submitter by mail.

The “Restrictive Covenant Modification” form is linked below:

Restrictive Covenant Modification form

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Packet Pg. 443 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

Page 1 of 4 ends

Exhibit I

CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE OWNER’S POLICY OF TITLE INSURANCE – 2022

EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of:

1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.

Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.

2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.

3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.

5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.

6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.

7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.

EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.

This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:

PART I

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

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Packet Pg. 444 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

Page 2 ends

2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.

4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.

6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.

7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.

PART II
(Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here)

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Packet Pg. 445 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

Page 2 of 4 ends

Exhibit I

AMERICAN LAND TITLE ASSOCIATION
LOAN POLICY OF TITLE INSURANCE – 2021

Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.

2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.

3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser or encumbrancer had been given for the Insured Mortgage at the Date of Policy.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business law.

5. Invalidity or unenforceability of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury law or Consumer Protection Law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction creating the lien of the Insured Mortgage is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the Insured Mortgage is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 13.b.

7. Any claim of a PACA-PSA Trust. Exclusion 7 does not modify or limit the coverage provided under Covered Risk 8.

8. Any lien on the Title for real estate taxes or assessments imposed by a governmental authority and created or attaching between the Date of Policy and the date of recording of the Insured Mortgage in the Public Records. Exclusion 8 does not modify or limit the coverage provided under Covered Risk 2.b. or 11.b.

9. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.

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Packet Pg. 446 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

Page 4 ends

NOTE: The 2021 ALTA Loan Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed as 1 through 7 below:

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.

6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.

9.B.l
Packet Pg. 447 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) Updated 1/1/2023
FACTS

WHAT DOES OLD REPUBLIC TITLE
DO WITH YOUR PERSONAL INFORMATION?
Why?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

What?
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
• Social Security number and employment information
• Mortgage rates and payments and account balances
• Checking account information and wire transfer instructions When you are no longer our customer, we continue to share your information as described in this notice.

How?
All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Old Republic Title chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information
Does Old
Republic Title
share?
Can you limit this
sharing?
For our everyday business purposes — such as to process your transactions, maintain your account(s), or respond to court orders and legal investigations, or report to credit bureaus
Yes No
For our marketing purposes —
to offer our products and services to you No We don’t share For joint marketing with other financial companies No We don’t share For our affiliates’ everyday business purposes —
information about your transactions and experiences Yes No For our affiliates’ everyday business purposes —
information about your creditworthiness
No We don’t share
For our affiliates to market to you No We don’t share
For non-affiliates to market to you No We don’t share
Go to www.oldrepublictitle.com (Contact Us)

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Packet Pg. 448 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

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Who we are
Who is providing this notice? Companies with an Old Republic Title name and other affiliates. Please see below for a list of affiliates.

What we do
How does Old Republic Title
protect my personal
information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. For more information, visit https://www.oldrepublictitle.com/privacy-policy
How does Old Republic Title
collect my personal information?
We collect your personal information, for example, when you:
· Give us your contact information or show your driver’s license · Show your government-issued ID or provide your mortgage information · Make a wire transfer
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can’t I limit all sharing? Federal law gives you the right to limit only:
· Sharing for affiliates’ everyday business purposes- information about your creditworthiness
· Affiliates from using your information to market toyou · Sharing for non-affiliates to market toyou
State laws and individual companies may give you additional rights to limit sharing. See the State Privacy Rights section location at https://www.oldrepublictitle.com/privacypolicy for your rights under state law.

Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.
• Our affiliates include companies with an Old Republic Title name, and financial companies such as Attorneys’ Title Fund Services, LLC, Lex Terrae National Title Services, Inc., and Mississippi Valley Title Services Company Non-affiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Old Republic Title does not share with non-affiliates so they can market to you Joint marketing A formal agreement between non-affiliated financial companies that together market financial products or services to you.
• Old Republic Title doesn’t jointly market.

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Packet Pg. 449 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

Page 3 ends

Affiliates Who May be Delivering This Notice
American First Title
& Trust Company
American Guaranty
Title Insurance
Company
Attorneys' Title Fund
Services, LLC
Compass Abstract, Inc. eRecording Partners
Network, LLC
Genesis Abstract, LLC Guardian Consumer
Services, Inc.
iMarc, Inc. L.T. Service Corp. Lenders Inspection
Company
Lex Terrae National
Title Services, Inc.

Lex Terrae, Ltd. Mississippi Valley
Title Services
Company
National Title Agent's
Services Company
Old Republic Branch
Information Services, Inc.

Old Republic
Diversified Services,
Inc.

Old Republic Escrow
of Vancouver, Inc.

Old Republic
Exchange Company
Old Republic National
Ancillary Services, Inc.

Old Republic Title and
Escrow of Hawaii, Ltd.

Old Republic
National Title
Insurance Company
Old Republic Title
Company
Old Republic Title
Companies, Inc.

Old Republic Title
Company of Conroe
Old Republic Title
Company of Indiana
Old Republic Title
Company of Nevada
Old Republic Title
Company of
Oklahoma
Old Republic Title
Company of Oregon
Old Republic Title
Company of St. Louis
Old Republic Title
Company of Tennessee
Old Republic Title
Information
Concepts
Old Republic Title
Insurance Agency,
Inc.

Old Republic Title,
Ltd.

RamQuest Software,
Inc.

Republic Abstract &
Settlement, LLC
Sentry Abstract
Company
Surety Title Agency,
Inc.

Trident Land Transfer
Company, LLC

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Packet Pg. 450 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) 4 Updated: January 1, 2021
Privacy Notice for California Consumers
This Privacy Notice for California Consumers supplements the information contained in the Master Privacy Notice for Old Republic Title and applies to consumers that reside in the State of California.

The terms used in this Privacy Notice have the same meaning as the terms defined in the California Consumer Privacy Act (“CCPA”).

What Personal Information We Collect
In accordance with the CCPA, personal information is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include:

Information outside the scope of the CCPA such as:
· Health or medical information covered by the Health Insurance Portability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA). · Personal Information covered by the Gramm-Leach-Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), the California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994,
· Publicly available information that is available from federal, state, or local government records, and
· De-identified or aggregated consumer information.

Please see the chart below to learn what categories of personal information we may have collected about California consumers within the preceding twelve months, the sources of and business purposes for that collection and the third parties with whom the information is shared, if any.

Category Examples Collected Sources Business Purpose
for Collection
Categories of
Third Parties
with Whom
Information
is Shared
Identifiers Real name, alias,
postal address,
unique personal
identifier, online
identifier, Internet
protocol address,
email address,
account name, social
security number,
driver’s license
number, passport
number or other
similar identifiers
Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
Underwriting or
providing other
products or
services,
responding to
policyholder/consu
mer claims,
inquiries or
complaints,
detecting security
incidents,
protecting against
malicious,
Service
providers
associated
with the
transaction for
a business
purpose

9.B.l
Packet Pg. 451 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) 5 deceptive,
fraudulent, or
illegal activity.

Other audit or
operational
purposes.

Personal
information
described in
California
Customer
Records
statute (Cal.

Civ. Code §
1798.80(e))
Name, signature,
social security
number, physical
characteristics or
description, address,
telephone number,
passport number,
driver’s license or
state identification
card number,
insurance policy
number, education,
employment,
employment history,
bank account
number, credit card
number, debit card
number, or any other
financial information,
medical information,
or health insurance
information.
“Personal
information” does
not include publicly
available information
that is lawfully made
available to the
general public from
federal, state, or local
government records.

Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
Underwriting or
providing other
products or
services,
responding to
policyholder/consu
mer claims,
inquiries or
complaints,
detecting security
incidents,
protecting against
malicious,
deceptive,
fraudulent, or
illegal activity.

Other audit or
operational
purposes.

Service
providers
associated
with the
transaction for
a business
purpose
Characteristics
of protected
classifications
under
California or
federal law
Age (40 years or
older), race, color,
ancestry, national
origin, citizenship,
religions or creed,
marital status,
medical condition,
physical or mental
disability, sex
(including gender,
gender identity,
gender expression,
pregnancy or
childbirth and related
Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
Underwriting or
providing other
products or
services,
responding to
policyholder/consu
mer claims,
inquiries or
complaints. Other
audit or
operational
purposes.

Service
providers
associated
with the
transaction for
a business
purpose

9.B.l
Packet Pg. 452 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) 6 medical conditions),
sexual orientation,
veteran or military
status, or genetic
information
(including familial
genetic information).

Internet or
other
electronic
network
activity
Browsing history,
search history,
information about a
consumer’s
interaction with a
website, application,
or advertisement.

Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
To provide access
to certain online
services. To
understand the
interests of visitors
to our online
services, to
support certain
features of our
site, for navigation
and to display
certain features
more effectively.

Detecting security
incidents,
protecting against
malicious,
deceptive,
fraudulent, or
illegal activity.

Other audit or
operational
purposes.

Not Disclosed
Geolocation
data
Geographic tracking
data, physical
location and
movements
Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
To provide access
to certain online
services. To
understand the
interests of visitors
to our online
services, to
support certain
features of our
site, for navigation
and to display
certain features
more effectively.

Other audit or
operational
purposes.

Not Disclosed

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Packet Pg. 453 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) 7 What Personal Information We Share and Why We Share It The CCPA requires us to tell you what categories of personal information we “sell” or “disclose.” We do not sell and will not sell your personal information as that term is commonly understood. We also do not sell and will not sell your personal information, including the personal information of persons under 16 years of age, as that term is defined by the CCPA. When it is necessary for a business purpose, we share or disclose your personal information with a service provider, and we enter a contract with the service provider that limits how the information may be used and requires the service provider to protect the confidentiality of the information.

In the preceding twelve months, we have disclosed the following categories of personal information for the following business purposes. Where the personal information is shared with third parties, as that term is defined in the CCPA, the category of the third party is indicated.

Category Examples Business Purpose for
Disclosure
Categories of
Third Parties
with Whom
Information is
Shared
Identifiers Real name, alias, postal address,
unique personal identifier, online
identifier, internet protocol address,
email address, account name, social
security number, driver’s license
number, passport number or other
similar identifiers
Underwriting or providing other
products or services, responding
to policyholder/consumer claims,
inquiries or complaints, detecting
security incidents, protecting
against malicious, deceptive,
fraudulent, or illegal activity.

Other audit or operational
purposes.

Service
providers
associated with
the transaction
for a business
purpose
Personal
information
described in
California
Customer
Records
statute (Cal.

Civ. Code §
1798.80(e))
Name, signature, social security
number, physical characteristics or
description, address, telephone
number, passport number, driver’s
license or state identification card
number, insurance policy number,
education, employment, employment
history, bank account number, credit
card number, debit card number, or
any other financial information,
medical information, or health
insurance information. “Personal
information” does not include publicly
available information that is lawfully
made available to the general public
from federal, state, or local
government records.

Underwriting or providing other
products or services, responding
to policyholder/consumer claims,
inquiries or complaints, detecting
security incidents, protecting
against malicious, deceptive,
fraudulent, or illegal activity.

Other audit or operational
purposes.

Service
providers
associated with
the transaction
for a business
purpose

9.B.l
Packet Pg. 454 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) 8 Characteristics
of protected
classifications
under
California or
federal law
Age (40 years or older), race, color,
ancestry, national origin, citizenship,
religions or creed, marital status,
medical condition, physical or mental
disability, sex (including gender,
gender identity, gender expression,
pregnancy or childbirth and related
medical conditions), sexual
orientation, veteran or military status,
or genetic information (including
familial genetic information).

Underwriting or providing other
products or services, responding
to policyholder/consumer claims,
inquiries or complaints. Other
audit or operational purposes.

Service
providers
associated with
the transaction
for a business
purpose
Internet or
other
electronic
network
activity
Browsing history, search history,
information about a consumer’s
interaction with a website, application,
or advertisement.

To provide access to certain
online services. To understand
the interests of visitors to our
online services, to support
certain features of our site, for
navigation and to display certain
features more effectively.

Detecting security incidents,
protecting against malicious,
deceptive, fraudulent, or illegal
activity. Other audit or
operational purposes.

Not Disclosed
Geolocation
data
Geographic tracking data, physical
location and movements
To provide access to certain
online services. To understand
the interests of visitors to our
online services, to support
certain features of our site, for
navigation and to display certain
features more effectively. Other
audit or operational purposes.

Not Disclosed
We may also transfer to a third party the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business.

Your Rights and Choices
The CCPA provides California consumers with certain rights regarding their personal information. This chart describes those rights and certain limitations to those rights.

Right What This Means
Notice At or before the time your personal information is collected, you will be given written notice of the categories of personal information to be collected and the purposes for which the categories of personal information will be used.

Access At your verifiable request, but no more than twice in a twelve month period, we shall disclose to you: 1) the categories of personal information we have collected about you, 2) the

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Packet Pg. 455 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) 9 categories of sources for the personal information we collected about you, 3) our business and commercial purpose for collecting or selling your personal information, 4) the categories of third parties with whom we share your personal information, 5) The specific pieces of information we have collected about you, 6) the categories of personal information disclosed for a business purpose, and
7) If we sold personal information, the categories of personal information sold and the categories of third parties to whom it was sold.

Deletion You have the right to request that we delete any of your personal information that we collected from you, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your personal information from our records unless an exception applies. We may deny your request if retention of the information is necessary for us or our service providers to:
· Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. · Debug products to identify and repair errors that impair existing intended functionality.
· Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. · Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §1546 et seq.)
· Engage in public or peer reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. · Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
· Comply with a legal obligation.
· Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
· Or if it is the type of personal information that falls outside the scope of the CCPA, (HIPAA, CIMA, GLBA, or publicly available information)
Opt-Out of Sale
Opt-In to Sale
With some limitations, you may direct a business that sells personal information to third parties not to sell the personal information to these third parties.

A business may not sell the personal information of persons less than sixteen years of age without their affirmative consent, and in the case of those less than thirteen years of age, the consent must come from a parent.

Non-Discrimination We will not discriminate against you for exercising your rights under the CCPA. Unless otherwise permitted by the CCPA we will not:
· Deny you goods or service
· Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
· Provide a different level or quality of goods or services · Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services

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Packet Pg. 456 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) 1 To Exercise Your Rights
To Opt-out of the Sale of Your Personal Information
The CCPA gives consumers the right to direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information. We do not sell and will not sell your personal information as that term is commonly understood. We also do not sell and will not sell your personal information, as that term is defined by the CCPA.

To Request Access to or Deletion of Your Personal Information To exercise your access or deletion rights described above, please submit a verifiable consumer request to us by either: Calling us at 1-855-557-8437 or contacting us through our website CCPA Consumer Request.

Only you or your representative that you authorize to act on your behalf (Authorized Agent) can make a verifiable consumer request for your personal information. You may also make a request for your minor child. The verifiable request must provide enough information that allows us to reasonably verify you are the person about whom we collected personal information. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and to confirm the personal information relates to you.

We work to respond to a verifiable consumer request within 45 days of its receipt. If we require additional time, we will inform you of the extension period (up to an additional 45 days), and the reason for the extension in writing. If you have an account with us, we will deliver our response to that account. If you do not have an account with us, we will deliver our response by mail or electronically, depending on your preference. The response we provide will also explain any reasons why we cannot comply with a request.

You may only make a consumer request for access twice within a twelve-month period.

Any disclosures we provide will apply to the twelve-month period preceding the consumer request’s receipt.

Contact Us
If you have any questions regarding our Privacy Notice or practices, please contact us via phone at 1- 855-557-8437 or send your written request to: [email protected], or Old Republic Title c/o CCPA Consumer Request Group, 275 Battery Street, Suite1500, San Francisco, CA 94111-3334.

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Packet Pg. 458 Attachment: Attachment No. 13 - Title Report (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) Dry Creek Commons Project
Draft Initial Study/
Mitigated Negative Declaration
JULY 2022

PREPARED FOR
City of Healdsburg
Community Development Department
401 Grove Street
Healdsburg, California 95448

PREPARED BY
SWCA Environmental Consultants
95 Third Street, Floor 2
San Francisco, California 94103
(415) 536-2883

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Packet Pg. 460 Attachment: Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 (4165 : Disposition and Development Agreement - 155 Dry Creek

DRY CREEK COMMONS PROJECT

DRAFT INITIAL STUDY/

MITIGATED NEGATIVE DECLARATION
Prepared for
City of Healdsburg
Community Development Department
401 Grove Street
Healdsburg, California 95448
Attn: Ellen McDowell, Senior Planner
Prepared by
SWCA Environmental Consultants
95 Third Street, Floor 2
San Francisco, California 94103
(415) 536-2883
www.swca.com
SWCA Project No. 72075
July 2022

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Packet Pg. 461 Attachment: Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 (4165 : Disposition and Development Agreement - 155 Dry Creek

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Packet Pg. 462 Attachment: Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Dry Creek Commons Project Initial Study/Mitigated Negative Declaration (DR 2022-01) Contents
i

CONTENTS
Chapter 1. Project Description ........................................................................................................... 1

1.1 Introduction ............................................................................................................................... 1

1.2 Purpose ...................................................................................................................................... 1

1.3 Project Location ........................................................................................................................ 1

1.4 Existing Conditions................................................................................................................... 6

1.5 Project Description.................................................................................................................... 8

1.6 Required Discretionary Approvals.......................................................................................... 17 Chapter 2. Environmental Checklist and Responses...................................................................... 18

2.1 Aesthetics................................................................................................................................ 18

2.2 Agriculture and Forestry Resources........................................................................................ 21

2.3 Air Quality............................................................................................................................... 23

2.4 Biological Resources............................................................................................................... 31

2.5 Cultural Resources .................................................................................................................. 37

2.6 Energy ..................................................................................................................................... 40

2.7 Geology and Soils ................................................................................................................... 41

2.8 Greenhouse Gas Emissions..................................................................................................... 49

2.9 Hazards and Hazardous Materials........................................................................................... 55

2.10 Hydrology and Water Quality ................................................................................................. 58

2.11 Land Use and Planning............................................................................................................ 62

2.12 Mineral Resources................................................................................................................... 64

2.13 Noise........................................................................................................................................ 65

2.14 Population and Housing .......................................................................................................... 75

2.15 Public Services........................................................................................................................ 76

2.16 Recreation................................................................................................................................ 81

2.17 Traffic and Circulation ............................................................................................................ 82

2.18 Tribal Cultural Resources........................................................................................................ 91

2.19 Utilities and Service Systems.................................................................................................. 93

2.20 Wildfire ................................................................................................................................... 98

2.21 Mandatory Findings of Significance ..................................................................................... 100 Chapter 3. List of Preparers ........................................................................................................... 104

3.1 Lead Agency.......................................................................................................................... 104

3.2 Project Applicant................................................................................................................... 104

3.3 Environmental Consultants (CEQA)..................................................................................... 104

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ii
Figures
Figure 1: Project Area................................................................................................................................... 3 Figure 2: Project Location ............................................................................................................................ 4 Figure 3: Project Site Existing Conditions: Site Photographs ...................................................................... 7 Figure 4: Proposed Project Site Plan: Illustrative ....................................................................................... 10 Figure 5: Proposed Project Site Plan........................................................................................................... 11 Figure 6: Proposed Project Ground Floor Plan........................................................................................... 12 Figure 7: Proposed Landscaping Plan......................................................................................................... 15 Figure 8: Proposed Drainage and Utility Plan ............................................................................................ 16 Tables
Table 1: Summary of Proposed Uses and Project Characteristics................................................................ 9 Table 2: BAAQMD Significance Thresholds............................................................................................. 25 Table 3: Construction Greenhouse Gas Emissions..................................................................................... 51 Table 4: Operational Greenhouse Gas Emissions....................................................................................... 51 Table 5: Project Consistency with Applicable Sonoma County CAP’s Healdsburg Reduction Measures ...................................................................................................................................... 52 Table 6: Project Consistency with Applicable 2017 Scoping Plan Greenhouse Gas Reduction Strategies...................................................................................................................................... 53 Table 7: Summary of Federal Highway Administration Roadway Construction Noise Model.................. 69 Table 8: Calculated Noise Level from Each Construction Stage................................................................ 69 Table 9: Traffic Peak Hour Volumes and Estimated Noise Increase.......................................................... 71 Table 10: Estimated Vibration Levels for Construction Equipment........................................................... 74 Table 11: Existing Peak Hour Intersection Levels of Service .................................................................... 83 Table 12: Future Peak Hour Intersection Levels of Service ....................................................................... 85 Table 13: Existing and Existing plus Project Peak Hour Intersection Levels of Service ........................... 87 Table 14: Future and Future plus Project Peak Hour Intersection Levels of Service ................................. 87 Appendices
Appendix A. Proposed Project Plans
Appendix B. Air Quality and Greenhouse Gas Impact Assessment Appendix C-1. Biological Resources Assessment
Appendix C-2. Arborist’s Summary
Appendix D. Cultural Resources Study
Appendix E. Geotechnical Study Report
Appendix F. Phase 1 Environmental Site Assessment
Appendix G-1. Hydrology and Hydraulic Analysis
Appendix G-2. Preliminary Stormwater Plan
Appendix H. Noise Assessment
Appendix I. Traffic Impact Study

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Packet Pg. 464 Attachment: Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Dry Creek Commons Project Initial Study/Mitigated Negative Declaration (DR 2022-01) Acronyms and Abbreviations
iii
Acronyms and Abbreviations
°F degrees Fahrenheit
AB Assembly Bill
ABAG Association of Bay Area Governments
ADA Americans with Disabilities Act
ADWF highest dry weather flow
Afy acre-feet per year
AG Agriculture
amsl above mean sea level
APE area of potential effects
BAAQMD Bay Area Air Quality Management District
BACT best available control technology
BHDC Burbank Housing Development Corporation
BMP best management practice
CAA Clean Air Act
CAAQS California Ambient Air Quality Standards
CAL FIRE California Department of Forestry and Fire Protection CalEEMod California Emissions Estimator Model
CALGreen California Green Building Standards Code
California Register California Register of Historical Resources Caltrans California Department of Transportation
CAP Sonoma County Climate Action Plan
CARB California Air Resources Board
CBC California Building Code
CDFW California Department of Fish and Wildlife
CDOC California Department of Conservation
CEQA California Environmental Quality Act
CHRIS California Historical Resources Information System City City of Healdsburg
CNEL community noise equivalent level
CO carbon monoxide
CO2 carbon dioxide
CWMP Construction Waste Management Plan
dB decibel
dB(A) A-weighted decibel
DPM diesel particulate matter

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Packet Pg. 465 Attachment: Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Dry Creek Commons Project Initial Study/Mitigated Negative Declaration (DR 2022-01) Acronyms and Abbreviations
iv
EIR Environmental Impact Report
EPA U.S. Environmental Protection Agency
FEMA Federal Emergency Management Agency
FHSZ Fire Hazard Severity Zone
FIRM Flood Insurance Rate Map
GHG greenhouse gas
gpd gallons per day
HAP Hazardous Air Pollutant
HFD City of Healdsburg Fire Department
HPD City of Healdsburg Police Department
HUSD Healdsburg Unified School District
in/sec inches per second
IS/MND Initial Study/Mitigated Negative Declaration
Ldn day-night sound level
Leq equivalent sound level
Lmax maximum sound level
Lmin minimum sound level
mg million gallons
mgd million gallons per day
MU Mixed Use
NAAQS National Ambient Air Quality Standards
NAHC California Native American Heritage Commission
National Register National Register of Historic Places
NWIC Northwest Information Center
NCPA Northern California Power Agency
NEPA National Environmental Policy Act
NESHAPs National Emission Standards for Hazardous Air Pollutants NOA naturally occurring asbestos
NPDES National Pollution Discharge Elimination System
NSCAPCD Northern Sonoma County Air Pollution Control District OITC Outside-Inside Transmission Class
OPR California Governor’s Office of Planning and Research PG&E Pacific Gas & Electric
PM10 particulate matter, 10 microns or less
PM2.5 particulate matter, 2.5 microns or less
PPV peak particle velocity

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Packet Pg. 466 Attachment: Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Dry Creek Commons Project Initial Study/Mitigated Negative Declaration (DR 2022-01) Acronyms and Abbreviations
v
PRC Public Resources Code
project Dry Creek Commons Project
RFH Reach for Home
RWQCB Regional Water Quality Control Board
SB Senate Bill
SC Service Commercial
SCT Sonoma County Transit
SMART Sonoma-Marin Area Rail Transit
SR 128 State Route 128
SWPPP Stormwater Pollution Prevention Plan
SWRCB State Water Resources Control Board
TAC Toxic Air Contaminant
U.S. 101 U.S. Route 101
USACE U.S. Army Corps of Engineers
USGS U.S. Geological Survey
UWMP Urban Water Management Plan
VMT vehicle miles traveled
WQMP Water Quality Management Plan
WWTP wastewater treatment plant

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CITY OF HEALDSBURG

CALIFORNIA ENVIRONMENTAL QUALITY ACT

INITIAL STUDY AND CHECKLIST

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “potentially significant impact” as indicated by the checklist on the following pages. ☐ Aesthetics ☐ Greenhouse Gas Emissions ☐ Public Services ☐ Agriculture and Forestry Resources ☐ Hazards and Hazardous Materials ☐ Recreation ☐ Air Quality ☐ Hydrology and Water Quality ☐ Transportation ☒ Biological Resources ☐ Land Use and Planning ☒ Tribal Cultural Resources ☒ Cultural Resources ☐ Mineral Resources ☐ Utilities and Service Systems ☐ Energy ☐ Noise ☐ Wildfire
☒ Geology and Soils ☐ Population and Housing ☐ Mandatory Findings of Significance

DETERMINATION
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (a) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (b) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENT IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Signature Date
Printed Name
Scott Duiven, Community Development Director
July 13, 2022

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Packet Pg. 470 Attachment: Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Dry Creek Commons Project Initial Study/Mitigated Negative Declaration (DR 2022-01) Chapter 1. Project Description
1 CHAPTER 1. PROJECT DESCRIPTION

1.1 INTRODUCTION
Project Title: Dry Creek Commons Project
Initial Study/Mitigated Negative Declaration
Lead Agency: City of Healdsburg
Community Development Department
401 Grove Street
Healdsburg, CA 95448
City Staff Contact: Ellen McDowell, Senior Planner
Project Applicants: Burbank Housing Development Corporation (BHDC) 1425 Corporate Center Parkway
Santa Rosa, California 95407

1.2 PURPOSE
The purpose of this Initial Study/Mitigated Negative Declaration (IS/MND) is to identify any potential environmental impacts from implementation of the Dry Creek Commons Project (project) at 155 Dry Creek Road in Healdsburg, California. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15367, the City of Healdsburg (City) is the Lead Agency in the preparation of this IS/MND and any additional environmental documentation required for the project. This document also incorporates the Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report (2030 General Plan Update EIR) by reference.1
The City has discretionary authority over the project,
which will require approval of certain discretionary actions by the City and other governmental agencies.

The intended use of this document is to determine the level of environmental analysis required to adequately prepare the project IS/MND and to provide the basis for input from public agencies, organizations, and interested members of the public.

The remainder of this section provides a brief description of the project location and the characteristics of the project. Chapter 2 includes an environmental checklist giving an overview of the potential impacts that might reasonably be anticipated to result from project implementation for each environmental resource topic. The analysis includes references to technical background studies in the appendix to this document and other information contained in the project’s administrative record that provide the justification for the responses checked in the environmental checklist. Chapter 3 provides information on the Lead Agency, Project Applicant, and preparers of the IS/MND.

1.3 PROJECT LOCATION
The 3.7-acre project site, including the 3.53-acre parcel and the 0.17-acre off-site improvement area along the Dry Creek Road frontage, is located at 155 Dry Creek Road (Assessor’s Parcel Number 089-071- 1 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report. Available at:
https://healdsburg.gov/355/General-Plan-Environmental-Impact-Report, State Clearinghouse No. 2007082030, certified July 6, 2009. Accessed June 2022.

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2 002). Figure 1: Project Area illustrates the location of the project site within the City and in northern Sonoma County. Architectural site plans are provided in Appendix A. The Town of Windsor lies 4 miles to the south and unincorporated Sonoma County lies to the east and west. The small unincorporated community of Geyserville is located 8 miles to the north, and the City of Cloverdale is located approximately 18 miles to the north.

Regional access to the project site is provided via U.S. Route 101 (U.S. 101), Healdsburg Avenue, and Dry Creek Road. U.S. 101 runs in a northwest-southeast orientation and is located approximately 800 feet west of the project site at its nearest point. Healdsburg Avenue is a primary north–south roadway. Dry Creek Road is an east–west arterial that connects ramps at U.S. 101 to Healdsburg Avenue to the east and Dry Creek Valley to the west. It has two lanes in each direction together with a center turn lane east of U.S. 101 except along the project frontage, where there is only one westbound lane.

The project site is also served by Sonoma County Transit (SCT). SCT Route 67 provides north and south loop service to destinations throughout Healdsburg with bus stops east of the project site on March Avenue and on Grove Street south of Dry Creek Road. SCT Route 60 provides regional service between Healdsburg and surrounding communities such as Cloverdale to the north and Santa Rosa to the south.

There are bus stops in both directions on Healdsburg Avenue near Dry Creek Road. The Sonoma-Marin Area Rail Transit (SMART) right-of-way and railroad corridor is located immediately adjacent to the eastern boundary of the project site and is currently inactive. The SMART railroad corridor is planned for future passenger rail service operated by SMART. SMART is planning to construct stations in Cloverdale, Healdsburg, and Windsor, which would serve the project site.2

1.3.1 Surrounding Land Uses
The project site is in a built-up urban area and is bordered by commercial and industrial land uses, as shown in Figure 2: Project Location. Vacant undeveloped industrial land is located to the north and the Foss Creek riparian corridor is to the west. The SMART railroad corridor is located immediately adjacent to the eastern boundary. The Foss Creek Pathway is on the eastern side of the railroad tracks. Big John’s Market, Round Table Pizza, and McConnell Chevrolet are located to the east of the SMART railroad corridor and Foss Creek Pathway. A 20-foot-wide easement associated with the Geysers wastewater pipeline is located along the entire length of the eastern side of the project site, within the project boundary; the pipeline also runs the length of the project frontage generally within the Dry Creek Road right of way.
3 Dry Creek Road runs along the project site’s southern project boundary. Hotel Trio and Hotel Vinea are located on the opposite side of Dry Creek Road to the south. The western boundary of the project site is formed by the Foss Creek riparian corridor. Within the project site there is a 35-foot-wide riparian setback from the top of the Foss Creek bank. Plank Coffee, as well as two residential units, are located west of the western project boundary on the opposite side of Foss Creek along Grove Street. The nearest residences are located on the same site as Plank Coffee approximately 63 feet west of the project site and the Foss Creek corridor, and at 1260 Grove Street (Citrine Apartments), approximately 360 feet south of the project site south of Dry Creek Road. As noted above, U.S. 101 is located approximately 800 feet west of the project site.
2 Sonoma-Marin Area Rail Transit (SMART). 2021. Stations. Available at: https://www.sonomamarintrain.org/stations.

Accessed June 2022.
3 The Geysers Recharge Pipeline is a 41-mile-long pipeline that transports recycled wastewater from the Laguna Treatment Plant in Santa Rosa to the Geysers geothermal fields in northern Sonoma County.

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3 Figure 1: Project Area

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Chapter 1. Project Description
4 Figure 2: Project Location

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5 1.3.2 Zoning and General Plan Land Use
The project site is designated Mixed Use (MU) in the Healdsburg 2030 General Plan (2030 General Plan).
4 The MU designation provides for nonresidential uses, including retail, office, services, visitor accommodations, public and quasi-public uses when compatible with the overall purpose and character of the designation. Stand-alone residential development up to 16 units per acre is allowed under the MU designation, provided it does not undermine the overall purpose and character of the designation.5 The MU designation allows for a maximum of 57 units; therefore, the project requests a State Density Bonus to allow for one additional unit, for a total of 58 units. The maximum allowable floor area ratio for development in the MU designation is 1.0; residential floor area shall not be counted when calculating the maximum floor area ratio. The project proposes a floor area ratio of 40 percent, less than the maximum allowed in the designation. As outlined in Municipal Code Section 20.08.170.B.2, the maximum height allowed on the project site is 40 feet, as the project site is located adjacent to a parcel also zoned MU.6 The project proposes a maximum height of 56 feet at the stair penthouse, in excess of the maximum height allowed in the designation; therefore, a waiver has been requested under State Density Bonus Law to allow for the additional height.

The project site is zoned Mixed Use.7
Per Section 20.08.155 of the Municipal Code, multifamily dwellings not a part of a mixed-use development are permitted by right in the MU zoning district.8 Per
Section 20.28.105.B.1 of the Municipal Code, residential projects with two or more residential units per site which involve the development of vacant land with site and building improvements require Major Design Review, subject to the approval of the Planning Commission at a public hearing.9 The project
proposes a maximum of 58 units on vacant land and associated on-site and off-site improvements and would be subject to Major Design Review.

Surrounding parcels to the north and west are designated as I for industrial uses. Parcels to the south, southwest, and west are designated as MU. Parcels to the east and southeast are designated as Service Commercial (SC) (see Figure 2).
4 City of Healdsburg. 2018. Healdsburg 2030 General Plan. The 2030 General Plan consists of the Policy Document (amended January 2015), the Land Use Map (amended April 2018), and the Background Report (amended January 2010). Available at:
https://healdsburg.gov/354/General-Plan. Accessed June 2022. 5 City of Healdsburg. 2015. Healdsburg 2030 General Plan Policy Document. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/634/General-Plan-Policy-Document-PDF. Accessed June 2022. 6 City of Healdsburg Municipal Code. Section 20.08.170 Maximum height of main structures. Available at:
https://www.codepublishing.com/CA/Healdsburg/#!/Healdsburg20/Healdsburg2008.html#20.08.155. Accessed June 2022. 7 City of Healdsburg Zoning Map. 2019. Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/836/ZoningMap-PDF?bidId=. Accessed June 2022. 8 City of Healdsburg Municipal Code. Section 20.08.155 Permitted and conditionally permitted uses: MU District. Available at:
https://www.codepublishing.com/CA/Healdsburg/html/Healdsburg20/Healdsburg2008.html#20.08.155. Accessed June 2022. 9 City of Healdsburg Municipal Code. Section 20.28.105 Design review authority. Available at:
https://www.codepublishing.com/CA/Healdsburg/#!/Healdsburg20/Healdsburg2028.html#20.28.105. Accessed June 2022.

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6 1.4 EXISTING CONDITIONS
The project site is a 3.7-acre undeveloped infill site with street frontage on Dry Creek Road. It includes the 3.53-acre parcel and 0.17-acre off-site improvement area along Dry Creek Road. The site is covered in ruderal vegetation and contains no impervious surfaces, structures, or buildings (see Figure 3: Project Site Existing Conditions: Site Photographs). There are 59 existing trees on the project site, and none are heritage trees.10 The project site is roughly rectangular and relatively flat with elevation ranging between 135 feet above mean sea level (amsl) in the northeast and 125 feet amsl in the southwest. The project site consists of well drained soils with moderate infiltration rates.

Foss Creek and its associated 35-foot-wide riparian corridor setback form the western boundary of the project site. Two seasonal wetlands comprising a total of 0.57 acre are on the project site as well as

0.14 acre of waters of the United States and the state of California, connected to Foss Creek.11 The two wetland features are a 0.53-acre wetland in the south-central portion of the project site that drains from the northeast to southwest towards Foss Creek, and a 0.04-acre wetland in the northeastern portion of the project site that is fed by a linear drainage under the railroad tracks that flows onto the property and towards Foss Creek in an east–west direction.

The Foss Creek Pathway is east of the project site and the SMART railroad tracks and crosses Dry Creek Road near the southeast corner of the project site. When all eight segments of the multi-use bicycle and pedestrian pathway are completed, it will run north–south through the City for approximately 4.1 miles as an 8- to 10-foot-wide asphalt-paved multi-use pathway.12 The City completed the Foss Creek North segment that extends from along Dry Creek Road north to the intersection with Grove Street in October 2021.13 Southeast of the project site at the intersection of the Foss Creek Pathway and Dry Creek Road, a signalized pedestrian crossing allows cyclists and pedestrians to activate a signal to stop traffic in order to safely cross Dry Creek Road and cross the railroad tracks to continue travel on the Foss Creek Pathway.

The project vicinity is currently served by utilities, including water, wastewater, electricity, natural gas, and telecommunications. However, there are no utility services on the project site. The City’s Electric, Water, and Wastewater Department is responsible for delivery of electricity and water and for treatment of wastewater. Dry Creek Road currently contains a 12-inch-diameter water line, 36- and 48-inchdiameter storm drains, an 18-inch-diameter sanitary sewer line, a 6-inch-diameter natural gas pipeline, a 48-inch-diameter Geysers wastewater pipeline, and overhead electrical lines. The project does not include an interconnection with natural gas infrastructure in the Dry Creek Road right-of-way. A 20-foot-wide easement contains the Geysers wastewater pipeline that is located along the eastern boundary of the project site and adjacent to the southern project boundary within the Dry Creek Road right-of-way.

Police services are provided by the Healdsburg Police Department, and fire protection is provided by the Healdsburg Fire Department.
10 The tree survey did not include the portion of site within the 35-foot-wide Foss Creek riparian setback on the western portion of site because no work would occur in the creek or setback. Becky Duckles Consulting Arborist & Landscape Advisor.

February 2022. Arborist’s Summary. (See Appendix C-2.)
11 Wildlife Research Associates and Jane Valerius Environmental Consulting. 2022. Biological Resources Assessment. (See Appendix C-1.)
12 City of Healdsburg. 2019. Foss Creek Pathway Segments 7 & 8 Project Draft SIS/MND. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/9570/Foss-Creek-Pathway-DRAFT-Suplimental-IntialStudyProposed-Mitigated-Neg-Dec. Accessed June 2022. 13 Sonoma County Transportation Authority. 2021. Foss Creek Pathway. Available at: https://scta.ca.gov/wpcontent/uploads/2021/02/Jan2021CAC_FossCreekTrail.pdf. Accessed June 2022.

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Chapter 1. Project Description
7 Figure 3: Project Site Existing Conditions: Site Photographs

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8 1.4.1 Project Background
The project site previously contained agricultural uses but has most recently been vacant undeveloped land with no buildings or structures since 1974.14 The project site was acquired by the City of Healdsburg’s former Redevelopment Agency in 2003 for the development of low- to moderate-income housing. In January 2021, the City solicited Requests for Qualifications from qualified affordable housing developers to design and develop an affordable housing project on the project site.

1.5 PROJECT DESCRIPTION

1.5.1 Proposed Building Characteristics
As shown in Figure 4: Proposed Project Site Plan: Illustrative and Figure 5: Proposed Project Site Plan, the project would construct a 58-unit affordable family rental housing project on the 3.53-acre Cityowned property located at 155 Dry Creek Road, Healdsburg, California and the 0.17-acre off-site improvement area along Dry Creek Road, i.e., landscaping, sidewalk, curb, gutter, and travel lane. The project would consist of two, four-story apartment buildings with elevators (Building 1 and Building 2) totaling approximately 61,470 gross square feet (see Table 1: Summary of Proposed Uses and Project Characteristics). A pedestrian bridge would connect Buildings 1 and 2 on floors 2 through 4, providing elevator access and connectivity for the residences. Both buildings would have a roof ridge and parapet at a maximum height of 47 feet (and a maximum height of 56 feet for the penthouse stairwells). Because the project site’s MU designation allows for a maximum of 57 units and a maximum height of 40 feet, the project requests a State Density Bonus to allow for one additional unit, for a total of 58 units, and a waiver under the State Density Bonus Law for additional height to accommodate the maximum height of 56 feet at the penthouse stairwells. The project’s on-site and off-site improvements would also require Major Design Review subject to Planning Commission approval.

Building 1, the southern building along Dry Creek Road, and Building 2, the northern building along the private driveway and parking area, would form an L-shape oriented towards Foss Creek to the west.

As shown in Figure 6: Proposed Project Ground Floor Plans, Building 1 would contain a total of 23 residential units: 17 one-bedroom units, three two-bedroom units, and three three-bedroom units. One unit would be reserved for the on-site building manager. Building 2 would contain a total of 35 residential units: 11 one-bedroom units, 12 two-bedroom units, and 12 three-bedroom units. The units in both buildings would range in size from approximately 499 to 946 square feet. The ground floor of Building 1 would have a reception area and elevator lobby, a mail and package area for residents, two residential units, and approximately 3,105 square feet of indoor amenities. These amenities would include two multipurpose activity community rooms and a kitchen, a laundry room, and a bike room. Building 1 would also have property management and maintenance offices, and space for resident services and Reach for Home (RFH) staff, who would provide on-site services aimed at helping households retain housing, improve their health outcomes, and maximize their ability to live and work in the City. The ground floor of Building 2 would have a separate lobby area, eight residential units, and the buildings’ trash, electrical, and mechanical rooms.

All of the units (excluding the one manager’s unit) would be available to extremely low-, very-low-, and low-income households earning between 30 percent and 60 percent of area median income for Sonoma County. To further meet the City’s housing needs, RFH would have first priority to approximately five of these units, to help address the City’s extremely low-income supportive housing needs. 14 Harris and Lee Environmental Sciences, LLC. 2021. Phase 1 Environmental Site Assessment. (See Appendix F.)

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9 Table 1: Summary of Proposed Uses and Project Characteristics Building 1 and Building 2 Total Area
New Construction
(gross square feet)
Residential 43,937
Common Space 2,273
Office 832
Circulation and Lobby 12,689
Service 1,739
Total 61,470
Project Characteristics
Height 47 feet*
Number of Stories 4 stories
Number of Residential Units 58
One-bedroom units (average 499 square feet) 28
Two-bedroom units (average 759 square feet) 15
Three-bedroom units (average 946 square feet) 15
Number of Off-Street Vehicle Parking Spaces† 104
Residents 88
Guest/Visitors 16
Number of Bicycle Parking Spaces 60
Class 1 50
Class 2 10
Square Footage of Outdoor Open Space 10,225
* Buildings 1 and 2 would have a maximum height of 56 feet for the mechanical equipment penthouse and stairwells, respectively. † This number includes five Americans with Disabilities (ADA)-accessible spaces and 15 electric vehicle-ready spaces, including one van-accessible space.

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10 Figure 4: Proposed Project Site Plan: Illustrative

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11 Figure 5: Proposed Project Site Plan

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12 Figure 6: Proposed Project Ground Floor Plan

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13 1.5.2 Site Access, Parking, and Vehicle Circulation
Primary vehicle and emergency access to the project site would be provided by a 26-foot-wide private driveway off Dry Creek Road. The driveway would run the entire length of the eastern side of the project site and connect to the adjacent property to the north through a gate. An emergency vehicle turnaround would be provided directly north of Building 2. The driveway would align with the driveway for Hotel Trio, located across from the project site on the south side of Dry Creek Road.15 The project would also construct a second westbound through lane on Dry Creek Road. Due to the proximity of the pedestrian refuge island for the signalized Foss Creek Pathway crossing at Dry Creek Road, limited space would be available in the two-way center left-turn lane on Dry Creek Road; therefore, left turns from the project driveway onto Dry Creek Road would be prohibited to limit the potential for traffic conflicts with pedestrians and cyclists.

The project would meet and exceed the parking requirement of the State Density Bonus Law and would provide on-site parking in a private parking lot that would have 104 off-street parking spaces, five of which would be Americans with Disabilities Act (ADA) accessible and 15 would be electric vehicleready spaces. The project is requesting a waiver under the State Density Bonus Law to the City’s coveredparking standard due to the existence of the 20-foot-wide Geysers wastewater pipeline easement that runs the entire length of the eastern property line and limits the ability to provide covered parking on-site.

Building 1 would include a secure indoor bicycle room with 50 bicycle spaces. Ten additional bicycle parking spaces would be provided at the entries to the buildings.

In addition to the widening of Dry Creek Road to accommodate a second westbound through lane, the project would implement frontage improvements along Dry Creek Road. The project would build a new landscaped, pedestrian-friendly streetscape with lighting for the sidewalks and a low stone wall. These improvements would fill an existing gap in the public sidewalk circulation system between Plank Coffee and Big John’s Market and provide the public with views of the Foss Creek riparian corridor and the retained and newly constructed wetlands. Two pedestrian access points for residents would be provided from Dry Creek Road. Left turns from the project driveway would be prohibited, preventing conflicts between pedestrians on the Foss Creek Pathway crossing Dry Creek Road and drivers exiting the project site.

1.5.3 Landscaping and Lighting
The project would include 76,100 total square feet of landscaping, outdoor activity areas, walkways, and Dry Creek Road widening and street frontage improvements. On-site improvements would overlap with the existing 0.04-acre and 0.53-acre wetlands on the project site east of the 35-foot-wide Foss Creek riparian setback in the northeast and south-central portions of the project site, as shown in Figure 4 and Figure 7: Proposed Landscaping Plan. Site development would include the removal of 0.25 acre of existing wetlands, construction of 0.41 acre of new functional wetlands on the western and northern portions of the project site outside of the 35-foot-wide Foss Creek riparian setback, and maintenance of the project site’s existing drainage patterns. Wetlands would be replaced at a level slightly greater than a

1.64:1 ratio for a total of 0.73 acre of wetlands. No lighting would be installed on or directed toward the wetlands portion of the project site.

The existing and reconstructed wetland habitat and the Foss Creek riparian corridor would be viewed from the project’s approximately 10,225 square feet of landscaped outdoor activity areas adjacent to both Building 1 and Building 2, and the new Dry Creek Road sidewalk, as shown in Figure 7. The outdoor areas would provide gathering and seating spaces as well as play areas for children. The outdoor areas 15 W-Trans. 2022. Final Traffic Impact Study for the Dry Creek Commons Project. April 8. (See Appendix I.)

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14 would be supported by the indoor community amenities space as well as the project’s proximity to the Foss Creek Pathway (located immediately east of the project site) and the Healdsburg Community Center and Carson Warner Memorial Skatepark (located south of the project site along Grove Street). Pursuant to the State Density Bonus Law, the project would seek a waiver from the open space requirements subject to Planning Commission approval because the project site’s proposed open space would be less than required—approximately 11,600 square feet—under Municipal Code Section 20.08.175B(1).

As part of the proposed landscaping, a total of 43 new trees would be planted on the project site, including eight trees within the new and existing wetlands and 11 trees on the western side of the parking lot. Due to the existence of the 20-foot-wide Geysers wastewater pipeline easement that restricts tree planting in the Geysers right-of-way, the project is requesting a waiver under the State Density Bonus Law to the City’s tree planting requirements in Municipal Code Section 20.16.100(D) for the parking area along the eastern project boundary. The project is also proposing a modified landscape configuration for the Dry Creek frontage and requesting a waiver for street tree planting due to the Geysers wastewater pipeline easement. Four new trees would be planted on the project site along the south elevation of Building 1 facing Dry Creek Road.

The project would widen Dry Creek Road to add a westbound lane and curb and gutter along the length of the project site. Lighting would be installed along the Dry Creek Road sidewalk, on and adjacent to proposed Buildings 1 and 2, along on-site pedestrian pathways, and in the parking lot on the east side of the project site. Due to the existence of the 20-foot-wide Geysers wastewater pipeline easement, which does not allow lighting within its easement, nine light poles ranging from 16 to 20 feet high would be located on the western side of the parking lot within the parking islands (see Municipal Code Section 20.16.165 (E.2)). Therefore, the project is requesting a waiver under the State Density Bonus Law for the modified lighting locations and maximum height of a light pole in the parking lot. In addition, three modified streetlights would be provided along Dry Creek Road in accordance with the City of Santa Rosa’s approval due to the existence of the 20-foot-wide Geysers wastewater pipeline easement.

1.5.4 Utilities
Approximately 1,000 linear feet of pipelines for new wastewater, water, fire water, and stormwater drainage would be added throughout the project site, as shown in Figure 8: Proposed Drainage and Utility Plan. The fire water lines would be routed from Dry Creek Road and connect to three proposed hydrants situated throughout the project site. Stormwater drainage would be directed to catch basins to the east of Building 2 and south of Building 1 and connect to the 36-inch-diameter stormwater pipe in Dry Creek Road. The existing overhead electrical lines along the Dry Creek Road frontage would be relocated underground. The project would include all-electric buildings with rooftop solar panels to generate electricity on-site.

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Chapter 1. Project Description
15 Figure 7: Proposed Landscaping Plan

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16 Figure 8: Proposed Drainage and Utility Plan

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17 1.5.5 Construction
The project’s construction activities are expected to occur over a period of approximately 12 to 18 months. Construction vehicle access to the project site would be provided along Dry Creek Road at the location of the proposed driveway. Construction activities for the proposed project would include grading of the project site and the filling of portions of the project site to elevate buildings out of the floodplain and provide additional coverage over the Geysers wastewater pipeline. These activities would be followed by site preparation, building construction and utility trenching, paving, and architectural coating. The project would result in temporary disturbance of approximately 2.37 acres on-site and would permanently develop approximately 1.75 acres. Project construction would require approximately 2,500 cubic yards of soil to be cut and used on-site as fill. An additional 2,800 cubic yards of soil import would also be used as fill. The estimated maximum depth of excavation is anticipated to be 3 to 4 feet below ground surface.

The project would also create new wetlands and when creating the new wetlands, the upland areas between the riparian setback and the proposed new construction would be graded to meet the grade of the existing wetlands. The new impervious surface area would total 67,078 square feet and new pervious surfaces would total 36,241 square feet.

Existing site materials would be recycled or reused following demolition, when feasible; various recycled materials would be used in construction; and durable, long-lasting exterior finish materials would be incorporated throughout the project. Project construction would include use of standard construction equipment, including excavators, graders, tractors, loaders, and pavers.

1.6 REQUIRED DISCRETIONARY APPROVALS
The City of Healdsburg is the lead agency with responsibility for approving the project, including certification of the Initial Study/Mitigated Negative Declaration. The project would require the following approvals from the City:
• Major Design Review
• Residential Density Bonus (State Density Bonus Law)
• Covered Parking Waiver (State Density Bonus Law and Municipal Code Section 20.16.150.B.1) • Height Waiver (State Density Bonus Law)
• Open Space Waiver (State Density Bonus Law and Municipal Code Section 20.08.175.B.1). • Parking Lot Tree Planting Waiver (State Density Bonus Law) • Street Tree Planting Waiver (State Density Bonus Law) • Parking Lot Light Waiver (State Density Bonus Law)
The project would also obtain a Clean Water Act Section 404 Nationwide Permit from the U.S. Army Corps of Engineers (USACE) along with a Section 401 Water Quality Certification from the Regional Water Quality Control Board (RWQCB) in addition to project approval pursuant to the National Environmental Policy Act (NEPA).

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18 CHAPTER 2. ENVIRONMENTAL CHECKLIST AND

RESPONSES

2.1 AESTHETICS
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Except as provided in Public Resources Code Section 21099, would the project:
(a) Have a substantial adverse effect on a scenic vista? ☐ ☐ ☒ ☐ (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
☐ ☐ ☒ ☐
(c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible vantage
points.) If the project is in an urbanized area, would
the project conflict with applicable zoning and other
regulations governing scenic quality?
☐ ☐ ☒ ☐
(d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in
the area?
☐ ☐ ☒ ☐

2.1.1 Impact Analysis
a. Would the project have a substantial adverse effect on a scenic vista? The primary scenic resources within the City are views of wooded ridges, hillsides, the Russian River, and adjacent agricultural valleys. As shown on 2030 General Plan Figure IV.B-1 (Major Scenic Ridgelines), the scenic vistas are concentrated along the northeastern and eastern parts of the City’s Planning Area; these include the ridgelines of Fitch Mountain and Healdsburg Ridge.16 The project site is not within 200 feet of a designated Scenic Ridgeline; therefore, no visibility analysis is required pursuant to Natural Resources Policy NR-10 of the 2030 General Plan.17 The two proposed buildings on the project site would be approximately 47 feet in height and would be similar in scale, size, and building height to the surrounding uses, including Hotel Trio located across Dry Creek Road on the south side of the street. Given the project site’s location on an urbanized commercial corridor away from any designated scenic resources and building height and massing in relation to surrounding land uses, the project would not obstruct views of ridgelines, wooded ridges, hillsides, the Russian River, and adjacent agricultural valleys. Therefore, the project would not have a substantial adverse effect on a scenic vista, and impacts would be less than significant. 16 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Aesthetics.

Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/682/Aesthetics-without-Graphics-PDF. Accessed June 2022.
17 City of Healdsburg. 2009. Healdsburg 2030 General Plan Policy Document, p. 7-9. Available at:
https://healdsburg.gov/DocumentCenter/View/634/General-Plan-Policy-Document-PDF. Accessed June 2022.

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19 b. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings, within a scenic highway? The project site is located approximately 800 feet east of U.S. 101. According to the California State Scenic Highway System Map produced by the California Department of Transportation (Caltrans), the project site is not located near an eligible or designated scenic highway.18 Caltrans has not designated any roadway within the City as a scenic highway. State Route 128 (SR 128), located approximately 4 miles to the northeast, is an eligible scenic highway; however, the project site is not visible from SR 128.

As shown on 2030 General Plan Figure IV.B-3 (Scenic Highways, Roads and Streets), the City has designated several local roadways as scenic. In addition to U.S. 101, scenic roads or streets are located to the north (Healdsburg Avenue, north of Grove Street), east (North Fitch Mountain Road, east of Benjamin Way, and South Fitch Mountain Road, east of Heron Drive), and south (Healdsburg Avenue, south of the Russian River Bridge) of the project site. The 2030 General Plan requires the protection and enhancement of the viewsheds along U.S. 101, which offers views across both nearby vineyards and hillsides, particularly north of Dry Creek Road where the freeway grade is higher than in most of the City. As a scenic corridor, U.S. 101, which borders most of the City lying to the east, is enhanced by mature redwood plantings which partially screen neighboring urban development, including various industrial, residential, and commercial uses.19 The project site is located approximately 800 feet east of U.S. 101,

0.5 mile south of the portion of Healdsburg Avenue and Grove Street designated as a scenic road/street, and over 1 mile from other designated scenic roads and streets.

Given the distance and intervening buildings and landscaping, the project site is not visible from U.S. 101 or other designated scenic roads and streets in the City. Furthermore, the project’s proposed design, including setbacks, building heights, massing, orientation, color, building materials, and landscaping, would be consistent with the 2030 General Plan. Thus, due to the project’s limited development footprint; the absence of any heritage trees, rock outcroppings, or historic buildings on the project site; and distance from U.S. 101 or other designated scenic roads and streets, the project would not substantially damage scenic resources in view of or within a scenic highway, including U.S. 101. Impacts would be less than significant.
c. In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
The project site is located in a built-up urban area and is bordered by commercial, industrial, and residential land uses. The western boundary of the project site is formed by the Foss Creek riparian corridor. The project design seeks to balance the more urban character of Dry Creek Road, the immediate commercial and industrial surroundings, and the residential nature of the greater community.

The project would construct two, four story apartment buildings of approximately 61,470 gross square feet connected by an aboveground pedestrian bridge. The L-shape orientation of the two buildings would minimize the potential impacts to the Foss Creek riparian corridor, maintain views of Foss Creek from 18 California Department of Transportation. 2018. California State Scenic Highway System Map. Available at:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa. Accessed June 2022.
19 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Aesthetics.

Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/682/Aesthetics-without-Graphics-PDF. Accessed June 2022.

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20 Dry Creek Road and the public sidewalk, and set the buildings as far west as possible from the SMART railroad tracks. The pedestrian bridge would allow a visual connection to the Foss Creek Pathway and the Foss Creek riparian corridor and would break up the massing of the buildings. A covered walkway would wrap around Building 1 at ground level, creating a connection to the Dry Creek Road frontage, reducing the perceived scale of the building, and highlighting the building entry.

Article IV, Design and Architectural Review, of Municipal Code Chapter 20.28 outlines the City’s design review process, which seeks to preserve the community’s natural beauty, improve its appearance, and ensure compatibility of projects. Design review is required for all commercial, office, and industrial projects, and projects involving more than two residential units. The project would undergo Major Design Review to ensure all applicable policies and requirements of the General Plan, Zoning Ordinance, and Citywide Design Guidelines are met prior to design application approval. Therefore, the project would not conflict with applicable zoning or other regulations governing scenic quality such that the visual character of the project site or its surroundings would be substantially degraded. Impacts would be less than significant.
d. Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
The proposed project would develop two new buildings with 58 residential units and a parking lot. The project site does not currently generate daytime or nighttime lighting. Therefore, new sources of light and glare caused by the development could be intrusive. The new sources of light would include interior and exterior lighting for decorative and security purposes.

The project would provide pedestrian, building and entry, and parking area lighting in conformance with the requirements of Municipal Code Section 20.16.165 (E), Lighting of Parking Areas, and Section 20.24.015, Glare. The project would partially conform with the design standards regulating the lighting of vehicular parking areas and the City’s streetlight requirements. Section 20.16.165 requires the inclusion of lighting facilities capable of providing sufficient illumination at every point of the parking area, a 14-foot maximum height of light fixtures, and downward angle of all illumination.

Section 20.24.015 requires the placement of streetlights so that indirect or diffuse lighting is directed away and/or shielded to minimize spillage onto adjacent properties. Due to the existence of the Geysers wastewater pipeline easement, exterior lighting is prohibited on the eastern side of the parking lot; however, nine exterior lights would be installed on the western side of the parking lot at the end of the parking islands. Additional light pole height would be required in order to adequately illuminate these areas. The project would seek a Parking Lot Light Waiver in accordance with State Density Bonus Law in order to allow for the modified light location and pole height along the western side of the parking lot.

The project’s Dry Creek Road frontage improvements would include installation of three modified streetlights on the Geysers wastewater pipeline easement in accordance with the City of Santa Rosa’s approval to allow modified streetlights.

As part of the project’s Major Design Review and prior to issuance of grading permits for the project, the developer would provide a lighting plan for the project site and the streetscape along Dry Creek Road for the City to review and approve. The lighting plan would include provisions to ensure that outdoor lighting would be designed so that potential glare or light spillover to surrounding roadways and land uses would be minimized through appropriate site design and shielding of light fixtures. The City would review the plan to ensure that all lighting is directed downward and away from residences. Therefore, exterior lighting would be installed to minimize lighting spillover on adjacent properties and to ensure that the parking lot, public sidewalk, and street would be adequately lit for public safety. The addition of two new residential buildings and a parking area on a portion of the 3.7-acre site would not adversely affect daytime views in the project area, which is zoned MU, through the addition of light or glare. Nighttime views may be affected if the buildings and parking lot include exterior lights that are not screened. With

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21 the modifications described above for streetlight locations and pole heights in the parking lot on the eastern portion of the site, and for modified streetlights along the Dry Creek Road frontage the project would not create a new source of substantial light or glare that would adversely affect day or nighttime views in the area; therefore, impacts related to light and glare would be less than significant.

2.1.2 Mitigation Measures
None required.

2.2 AGRICULTURE AND FORESTRY RESOURCES
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
(a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
☐ ☐ ☐ ☒
(b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
☐ ☐ ☐ ☒
(c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526), or timberland zoned
Timberland Production (as defined by Government
Code Section 51104(g))?
☐ ☐ ☐ ☒
(d) Result in the loss of forest land or conversion of forest land to non-forest use?
☐ ☐ ☐ ☒
(e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☐ ☒

2.2.1 Impact Analysis
a. Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? The California Department of Conservation (CDOC) Division of Land Resource Protection lists Prime Farmland, Unique Farmland, and Farmland of Statewide Importance under the general category of “Important Farmland” in California. The project site is designated as “Urban and Built-Up Land” and contains no land that the CDOC designates as Prime Farmland, Unique Farmland, or Farmland of

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22 Statewide Importance.20 Therefore, the project would have no impact on the conversion of farmland to non-agricultural uses.
b. Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?
The Williamson Act of 1965 allows local governments to enter into agreements with local landowners with the purpose of trying to limit specific parcels of land to agricultural or other related open space use.

Within the City, only one parcel of land, located approximately 1.5 miles south of the project site, is zoned Agriculture (AG) and it is not subject to a Williamson Act contract.21 Given the project’s location

1.5 miles north of the AG zoned parcel as well as the fact that the parcel is not subject to a Williamson Act contract, the project would not conflict with any agricultural use. Therefore, no impact with respect to land zoned for agricultural use or land under a Williamson Act contract would occur. c. Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
The project site is zoned MU, is surrounded by commercial and industrial land uses, and is not located on forest land, timberland, or timberland zoned Timberland Production. No impact related to conflicts with existing zoning for forest land, timberland, or timberland zoned Timberland Production would occur. d. Would the project result in the loss of forest land or conversion of forest land to nonforest use? The project site is zoned MU, surrounded by commercial and industrial land uses, and is not located on forest land. Therefore, no impact related to the loss or conversion of forest land would occur. e. Would the project involve other changes in the existing environment, which due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
As previously discussed, the project site is zoned MU and located in a developed area surrounded by commercial and industrial land uses. Neither the project site nor the surrounding parcels are used for agricultural uses or forest land for timber production. There is no agricultural production or forest land in the vicinity of the project site. Therefore, no impacts related to conversion of farmland to a nonagricultural use or conversion of forest land to non-forest use would occur.

2.2.2 Mitigation Measures
None required.
20 California Department of Conservation (CDOC). 2012. DOC Maps: Agriculture. Available at:
https://maps.conservation.ca.gov/agriculture/. Accessed June 2022. 21 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Agricultural Resources. Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/683/Agricultural-Resources-PDF. Accessed June 2022.

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23 2.3 AIR QUALITY
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
(a) Conflict with or obstruct implementation of the
applicable air quality plan? ☐ ☐ ☒ ☐
(b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard?
☐ ☐ ☒ ☐
(c) Expose sensitive receptors to substantial pollutant concentrations?
☐ ☐ ☒ ☐
(d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of
people?
☐ ☐ ☒ ☐

2.3.1 Environmental Evaluation
An Air Quality and Greenhouse Gas Impact Assessment was prepared for the project by Stantec Consulting Services, Inc. The following analysis incorporates the findings of this report, which has been included as Appendix B to this Initial Study.

2.3.2 Environmental Setting
The project site is located in northern Sonoma County within the North Coast Air Basin. The air basin is primarily rural and mountainous and includes the northern portion of Sonoma County and the entirety of Mendocino, Trinity, Humboldt, and Del Norte counties. This portion of the air basin is under the jurisdiction of Northern Sonoma County Air Pollution Control District (NSCAPCD). NSCAPCD covers the northern and coastal regions of Sonoma County, including Annapolis, Bodega, Bodega Bay, Camp Meeker, Cazadero, Cloverdale, Duncan Mills, Forestville, Geyserville, Gualala, Guerneville, Healdsburg, Jenner, Monte Rio, Rio Nido, and The Sea Ranch.

2.3.2.1 CRITERIA AIR POLLUTANTS
The federal Clean Air Act (CAA) required the U.S. Environmental Protection Agency (EPA) to establish National Ambient Air Quality Standards (NAAQS) for various pollutants. These pollutants are referred to as “criteria” pollutants because the EPA publishes criteria documents to justify the choice of standards.

These standards define the maximum amount of an air pollutant that can be present in ambient air.

An ambient air quality standard is generally specified as a concentration averaged over a specific time, such as 1 hour, 8 hours, 24 hours, or 1 year. The different averaging times and concentrations are meant to protect against different exposure effects. Standards established for the protection of human health are referred to as primary standards; standards established for the prevention of environmental and property damage are called secondary standards. The CAA allows states to adopt additional or more healthprotective standards.

Concentrations of emissions from criteria air pollutants (the most prevalent air pollutants known to be harmful to human health) are used to indicate the quality of the ambient air. Criteria air pollutants include ozone, carbon monoxide (CO), nitrogen dioxide, sulfur dioxide, particulate matter (measured both in units

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24 of smaller than 2.5 microns in diameter [PM2.5] and in units of particulate matter smaller than 10 microns in diameter [PM10]), and lead.

2.3.2.2 TOXIC AIR CONTAMINANTS
Toxic air contaminants (TACs) are air pollutants that may cause or contribute to an increase in mortality or serious illness, or which may pose a hazard to human health. TACs are usually present in minute quantities in the ambient air, but due to their high toxicity, they may pose a threat to public health even at very low concentrations. Because there is no threshold level below which adverse health impacts are not expected to occur, TACs differ from criteria pollutants for which acceptable levels of exposure can be determined and for which state and federal governments have set ambient air quality standards. TACs, therefore, are not considered “criteria pollutants” under the CAA or the California Clean Air Act, and they are not subject to National or California Ambient Air Quality Standards (NAAQS and CAAQS, respectively). Instead, the EPA and California Air Resources Board (CARB) regulate Hazardous Air Pollutants (HAPs) and TACs, respectively, through statutes and regulations that generally require the use of the maximum or best available control technology (BACT) to limit emissions. In conjunction with Air District rules, these federal and state statutes and regulations establish the regulatory framework for TACs. At the national level, the EPA has established National Emission Standards for Hazardous Air Pollutants (NESHAPs), in accordance with the requirements of the CAA and subsequent amendments.

These are technology-based, source-specific regulations that limit allowable emissions of HAPs.

Within California, TACs are regulated primarily through the Tanner Air Toxics Act (Assembly Bill [AB] 1807) and the Air Toxics Hot Spots Information and Assessment Act of 1987 (AB 2588). The Tanner Act sets forth a formal procedure for CARB to designate substances as TACs. The following provides a summary of the primary TACs of concern within the state of California, and related health effects.

2.3.2.3 AIR QUALITY ATTAINMENT STATUS
The EPA and CARB designate air basins where ambient air quality standards are exceeded as “nonattainment” areas. If standards are met, the area is designated as an “attainment” area. If there are inadequate or inconclusive data to make a definitive attainment designation, the area is considered “unclassified.” National nonattainment areas are further designated as marginal, moderate, serious, severe, or extreme as a function of deviation from standards.

Each standard has a different definition, or “form” of what constitutes attainment, based on specific air quality statistics. For example, the federal 8-hour CO standard is not to be exceeded more than once per year; therefore, an area is in attainment of the CO standard if no more than one 8-hour ambient air monitoring value exceeds the threshold per year. In contrast, the federal annual standard for PM2.5 is met if the 3-year average of the annual average PM2.5 concentration is less than or equal to the standard.

Air quality in northern Sonoma County is in attainment for all pollutants and falls below the standards set in the NAAQS and the CAAQS.

2.3.2.4 LOCAL SOURCES OF AIR POLLUTION
The project site is in a predominately urban setting with commercial and industrial uses immediately adjacent east, west, north and south of the project site. The main sources of air pollution are mobile sources traveling along the nearby roadways that surround the project site. Nearby sources of air pollution include emissions from vehicles on U.S. 101, Dry Creek Road, Grove Street, and Healdsburg Avenue.

Future air emissions sources include the SMART passenger rail service project that, once completed, will extend approximately 70 miles between Cloverdale in northern Sonoma County and Larkspur Landing in

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25 Marin County. The southern portion of the SMART line from the Sonoma County Airport to Larkspur opened in August 2019. A new SMART rail station is planned for Healdsburg south of downtown; however, the construction schedule for the station is unknown. The project site lies adjacent to the SMART right-of-way that is planned for the future SMART passenger rail line. The SMART passenger rail runs with clean-diesel engines that meet EPA’s Tier 4 emissions standards. Tier 4 engines reduce PM and nitrogen oxide emissions by 96 percent and 93 percent, respectively, as compared to regular diesel engines.

2.3.2.5 SENSITIVE RECEPTORS
According to CARB, some land uses are considered more sensitive to air pollution than others due to the types of population groups or activities involved. Heightened sensitivity may be caused by health problems, proximity to the emissions source, or duration of exposure to air pollutants. Children, pregnant women, the elderly, and those with existing health problems are especially vulnerable to the effects of air pollution. Accordingly, land uses that are typically considered to be sensitive receptors include residences, schools, childcare centers, playgrounds, retirement homes, convalescent homes, hospitals, and medical clinics.

The project site is located within 1,000 feet of existing sensitive receptors that could be exposed to diesel emission exhaust during project construction. The nearest sensitive receptors are residents located on the same site as Plank Coffee along Grove Street, approximately 63 feet west of the project site and the Foss Creek corridor; the residents at the Citrine Apartments at 1260 Grove Street, approximately 360 feet south of the project site south of Dry Creek Road; and single-family residences located approximately 800 feet east of the project site along March Avenue east of Healdsburg Avenue. As a residential project, the project is not considered a source of TACs during operations because it would not include large stationary sources that generate TACs nor would the vehicles accessing the project site include a substantial number of diesel-fueled vehicles, which are sources of TACs.

2.3.3 Impact Analysis
The NSCAPCD has not adopted standards of significance for project emissions from individual development projects to use as guidance and recommends that projects use thresholds and guidance recommendations from the Bay Area Air Quality Management District (BAAQMD). The thresholds of significance are shown below in Table 2: BAAQMD Significance Thresholds. 22 Table 2: BAAQMD Significance Thresholds
Pollutant
Construction-Related
Thresholds
(lbs/day)
Operational-Related
Average Daily
Emissions
(lbs/day)
Maximum Annual
Emissions
(tpy)
Reactive organic gases 54 54 10
Oxides of nitrogen 54 54 10
Particulate matter 10 microns or smaller 82 (exhaust) 82 15 Particulate matter 2.5 microns or smaller 54 (exhaust) 54 10 Source: BAAQMD, 2017; Air Quality and Greenhouse Gas Impact Assessment (see Appendix B) Notes: lbs/day = pounds per day; tpy = tons per year
22 Bay Area Air Quality Management District (BAAQMD). May 2017. CEQA Air Quality Guidelines. Available at:
https://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en. Accessed June 2022.

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26 a. Would the project conflict with or obstruct implementation of the applicable air quality plan?
The State CEQA Guidelines indicate that a significant impact would occur if the project would conflict with or obstruct implementation of the applicable air quality plan. Air districts are required to prepare air quality plans to identify strategies to bring regional emissions into compliance with federal and state air quality standards. Northern Sonoma County and the North Coast Air Basin are in federal and state attainment for all air pollutants. As a result, the NSCAPCD does not have an air quality plan, therefore, the project would not obstruct implementation of an applicable air quality plan.

A measure of determining if a project is consistent with air quality plans in other air districts is if the proposed project would not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations. Projects would conflict with an air quality plan if they contribute to an exceedance of any emissions for which the region is in nonattainment. Air districts establish emissions thresholds for individual projects to demonstrate the point at which a project would be considered to increase the air quality violations. Projects that exceed thresholds would be considered to conflict with an air quality plan. As described under Impact Question (b), below, the proposed project would fall below the thresholds established by the BAAQMD shown in Table 2. Since the proposed project does not exceed BAAQMD thresholds, it is anticipated that it would not conflict with or obstruct an air quality plan, if one were applicable. As a result, the impact would be less than significant. b. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
In developing thresholds of significance for criteria air pollutants, the BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively considerable. If a project exceeds the identified significance thresholds shown in Table 2, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions.

In addition to project-specific thresholds, the BAAQMD identified screening criteria to provide lead agencies and project applicants with a conservative indication of whether the proposed project could result in potentially significant air quality impacts. If all screening criteria are met by a proposed project, then the lead agency or applicant would not need to perform a detailed air quality assessment of the project’s air pollutant emissions. The screening criteria are meant to represent greenfield development and do not account for project design features that would reduce air quality emissions.

The project would construct a 58-unit, four-story residential apartment complex on a vacant site. The BAAQMD criteria air pollutant screening criteria thresholds for mid-rise apartments are 240 dwelling units and 494 dwelling units for construction and operation, respectively. The project falls approximately 76 percent and 88 percent below the screening thresholds, respectively; therefore, a detailed construction and operational air quality analysis is not required.23 The project would adhere to applicable NSCAPCD rules and regulations during project construction such as Rule 430 (Fugitive Dust Emissions) which would limit the amount of fugitive dust (PM10 and PM2.5) from site grading and other earth-moving activities and Rule 485 (Architectural Coatings) which would limit emissions from volatile organic compounds associated with building materials. Among the best management practices (BMPs) that would 23 BAAQMD. May 2017. CEQA Air Quality Guidelines, pp. 3-1 to 3-33. Available at:
https://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en. Accessed June 2022.

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27 be required to be implemented under Rule 430 to minimize construction-related emissions would be the following:
• Covering open bodied trucks when used for transporting materials likely to give rise to airborne dust.
• Installing and using hoods, fans, and fabric filters to enclose and vent the handling of dusty materials. Containment methods can be employed during sandblasting and other similar operations.
• Use water or chemicals to control dust in the demolition of existing buildings or structures, construction operations, the grading of roads or the clearing of land. • Apply asphalt, oil, water or suitable chemicals on dirt roads, materials stockpiles, and other surfaces which can give rise to airborne dusts.
• Pave roadways and maintain them in a clean condition. • Promptly remove earth or other material from paved streets onto which earth or other material has been transported by trucking or earth moving equipment, erosion by water, or other means.

The project’s final construction drawings would include the listed items with the submittal of the Project building permit. As a result, impacts would be considered less than significant and would not be cumulatively considerable.
c. Would the project expose sensitive receptors to substantial pollutant concentrations? Construction Emissions
Fugitive Dust (PM10)
Fugitive dust (PM10) would be generated from site grading and other earth-moving activities. Most of this fugitive dust would remain localized and would be deposited near the project site. However, the potential for impacts from fugitive dust exists unless control measures are implemented to reduce the emissions from the project site. The project would comply with NSCAPCD Rule 430 Fugitive Dust to reduce particulate emissions during construction.

Naturally Occurring Asbestos
Construction in areas of rock formations that contain naturally occurring asbestos (NOA could release asbestos into the air and pose a health hazard. BAAQMD enforces CARB’s air toxic control measures at sites that contain ultramafic rock. The air toxic control measures for construction, grading, quarrying, and surface mining operations were signed into state law on July 22, 2002 and became effective in the Air Basin in November 2002.24 The purpose of this regulation is to reduce public exposure to NOA. A review of the map with areas more likely to have rock formations containing NOA in California indicates that there is no NOA in the immediate project area.
25 Additionally, the 2030 General Plan Update EIR
indicates that areas of NOA are located in Sub-Areas B and C of the Planning Area north and east of the 24 CARB. 2015. Asbestos Airborne Toxics Control Measure for Construction, Grading, Quarrying, and Surface Mining Operations. California Code of Regulations (CCR), Title 17, Section 93105. Available at https://www.arb.ca.gov/toxics/atcm/asb2atcm.htm. Accessed June 2022. 25 Van Gosen, B.S., and Clinkenbeard, J.P., 2011. Reported historic asbestos mines, historic asbestos prospects, and other natural occurrences of asbestos in California: U.S. Geological Survey Open-File Report 2011–1188, 22 p., 1 pl. Available at:
https://pubs.usgs.gov/of/2011/1188/. Accessed May 2022.

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28 project site.26 Therefore, it can be reasonably concluded that the project would not expose sensitive receptors to NOA. Therefore, impacts would be less than significant.

Diesel Particulate Matter
Exposure to diesel particulate matter (DPM) from diesel vehicles and off-road construction equipment can result in health risks to nearby sensitive receptors. The project site is surrounded by commercial and industrial land uses with the nearest residences located on Grove Street adjacent to and west of the project site across Foss Creek. Construction-period DPM could contribute to increased health risks to nearby residents. Residents located adjacent to the project site and within the vicinity would be exposed only for the duration of construction. These residences would be approximately 110 feet west of the proposed work areas on the project site east of the 35-foot-wide Foss Creek riparian corridor. The majority of the construction work would occur on the eastern portion of the project site in an area located over 200 feet away from the nearest residences. Other residences are located approximately 360 feet south of the project site along Grove Street across Dry Creek Road. While construction of the project would involve the use of diesel-fueled vehicles and off-road equipment, exposure would be minor and temporary as the project size falls below the BAAQMD construction screening thresholds. Additionally, the prevailing wind direction in the City is from the west and the sensitive receptors would be located upwind of the project site construction work areas. Furthermore, DPM emissions have also been shown to be reduced by approximately 45 percent at a distance of approximately 100 feet from a source and approximately 60 percent at a distance of approximately 300 feet from a source.27 Additionally, to reduce emissions from this equipment BMPs recommended by the BAAQMD would be implemented such as shutting equipment off when not in use, reducing idling time for internal combustion engines to less than 5 minutes28, and proper equipment maintenance and tuning of diesel equipment in accordance with manufacturer’s specifications. The project contractor would also post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours of a complaint or issue notification. The NSCAPCD’s phone number will also be visible to ensure compliance with applicable regulations. Therefore, with consideration to applicable BMPs, the prevailing wind direction, intervening distance between construction work areas and sensitive receptors, and the limited emissions expected based on the BAAQMD screening threshold for the project type and size, construction of the project would not result in a health risk exposure from DPM.

Operations
The greatest potential for exposure to TACs during long-term operations is from the use of heavy-duty diesel trucks and stationary generators that use diesel fuel. The proposed project is a 58-unit residential development. Once operational, the majority of vehicle trips to the project site would be from residents and, as a result, the project would attract very few heavy-duty diesel truck trips. Additionally, the project would not include any on-site stationary generators. For these reasons, once operational, the project would not be expected to expose nearby sensitive receptors to substantial amounts of TACs. 26 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Air Quality and Figure III-3 Development Subareas. Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/677/AirQuality-PDF and https://www.ci.healdsburg.ca.us/DocumentCenter/View/692/Figure-III---3-PDF. Accessed May 2022. 27 California Air Resources Board (CARB). 2005. Air Quality and Land Use Handbook: A Community Health Perspective, pp. 9-10. Available at: https://www.arb.ca.gov/ch/handbook.pdf. Accessed June 2022. 28 CARB, 2013. California Airborne Toxics Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling, Title 13, Section 2485 of California Code of Regulations (CCR). Available at:
https://ww2.arb.ca.gov/sites/default/files/classic/msprog/truck-idling/13ccr2485_09022016.pdf. Accessed June 2022.

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29 Once operational, the project would be considered a sensitive receptor, and future residents could be exposed to TAC emissions from nearby mobile and stationary sources. The CARB Air Quality and Land Use Handbook contains recommendations that will “help keep California’s children and other vulnerable populations out of harm’s way with respect to nearby sources of air pollution.”29 Consistency with these recommendations is assessed as follows:

1. Heavily traveled roads. CARB recommends avoiding new sensitive land uses within 500 feet of a freeway, urban roads with 100,000 vehicles per day, or rural roads with 50,000 vehicles per day. Epidemiological studies indicate that the distance from the roadway and truck traffic densities were key factors in the correlation of health effects, particularly in children.

The project site lies approximately 800 feet east of U.S. 101. According to Caltrans, this segment of U.S. 101 at the Dry Creek Road interchange has an annual average daily trip count of 45,200 vehicles per day. Therefore, the project site is not located within 500 feet of a highway, and the nearest highway’s average daily trip rate is less than 100,000 vehicles per day.

Additionally, there are no urban or rural roadways where vehicle traffic exceeds 100,000 vehicles per day or 50,000 vehicles per day, respectively, near the project site.

2. Distribution centers. CARB also recommends avoiding siting new sensitive land uses within 1,000 feet of a distribution center.

The project site is not located within 1,000 feet of a distribution center.

3. Fueling stations. CARB recommends avoiding new sensitive land uses within 300 feet of a large fueling station, which is a facility with a throughput of 3.6 million gallons per year or greater (e.g., Costco fuel station). CARB recommends a 50-foot separation for typical gas-dispensing facilities.

There are three gas stations located near the project site. A Valero Gas Station is located approximately 200 feet southwest of the project boundary at Grove Street and Dry Creek Road, and a Chevron station is located approximately 800 feet northwest of the project boundary at Healdsburg Avenue and Sunnyvale Drive. The Healdsburg Gas Mart lies approximately 550 feet east of the project site at Dry Creek Road and Healdsburg Avenue. None of the nearby fueling stations have a throughput of 3.6 million gallons per year or greater; therefore, they would not be considered large fueling stations. In addition, the project site is over 50 feet from any gas station.

Therefore, the project is consistent with CARB recommendations.

4. Dry cleaning operations. CARB recommends avoiding siting new sensitive land uses within 300 feet of any dry-cleaning operation that uses perchloroethylene. For operations with two or more machines, CARB recommends a buffer of 500 feet. For operations with three or more machines, CARB recommends consultation with the local air district.

The nearest dry-cleaning operation is located approximately 775 feet east of the project site at 105 Terrace Boulevard. The project site is over 500 feet from a dry-cleaning operation; therefore, the project is consistent with CARB recommendations.

5. Auto body shops. Auto body shops have the potential to emit TACs related to painting.

The CARB does not provide a recommended distance for locating sensitive receptors with respect to auto body shops, however, potential impacts are localized near the facility.

The project site lies within 350 feet of McConnell Chevrolet and 550 feet of McConnell Chrysler Dodge Jeep Dealers (both located northeast of the project site). Both dealerships mainly sell automobiles and perform some limited car services and repairs. The site is also approximately 29 California Air Resources Board (CARB). 2005. Air Quality and Land Use Handbook: A Community Health Perspective, pp. ES-1. Available at: https://www.arb.ca.gov/ch/handbook.pdf. Accessed June 2022.

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30 560 feet away from the NAPA Auto Parts shop (located northwest of the project site). Painting is expected to be minimal from the dealership locations as most auto service repairs will be for tire changes and engine repairs and the NAPA Auto Parts shop only sells auto parts. Based on the distance to these facilities and minimal auto body painting activity, these facilities would not result in a measurable impact.

In addition, the project site would lie next to the future SMART passenger rail line. The SMART passenger rail runs with clean-diesel engines that meet EPA’s Tier 4 emissions standards. Tier 4 engines reduce PM and nitrogen oxide emissions by 96 percent and 93 percent, respectively, as compared to regular diesel engines. Therefore, once in operation, the SMART passenger rail service would not be a significant source of TAC emissions.

The project is not among those uses considered potential sources of TAC emissions. Therefore, sensitive receptors would not be exposed to substantial pollutant concentrations and the impact would be less than significant.
d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Project Construction
Diesel exhaust and reactive organic gases/volatile organic compounds would be emitted during construction of the project from equipment exhaust, painting, and paving activities, which are objectionable to some people. However, construction activities would be minimal and short term, and emissions would disperse rapidly from the project site. Therefore, project construction would not create objectionable odors affecting a substantial number of people. As such, impacts from construction-related odor would be less than significant.

Project Operation
Land uses typically associated with odors include wastewater treatment facilities, waste-disposal facilities, and agricultural operations. The project proposes to construct a 58-unit affordable housing development and therefore does not contain land uses typically associated with the emissions of objectionable odors. The NSCAPCD has not established recommended distances from which residents or other sensitive receptors should be placed from odorous land uses, such as wastewater treatment plants, painting/coating operations, landfills, composting facilities, and petroleum refineries, among others.

However, BAAQMD’s 2017 Air Quality Guidelines provide recommended odor screening distances from such land uses of at least 1 mile.
30 Projects that would site an odor source or a receptor farther than the applicable screening distance would not likely result in a significant odor impact. The project site is not located within the 1- and 2-mile screening distances recommended by the BAAQMD to any potential odor sources and is not a source of odors itself, and as such, impacts would be less than significant.

2.3.4 Mitigation Measures
None required.
30 BAAQMD. 2017. CEQA Air Quality Guidelines, p. 3-4. Available at: http://www.baaqmd.gov/~/media/files/planning-andresearch/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en. Accessed May 2022.

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31 2.4 BIOLOGICAL RESOURCES
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
(a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
☐ ☒ ☐ ☐
(b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S.

Fish and Wildlife Service?
☐ ☒ ☐ ☐
(c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
☐ ☒ ☐ ☐
(d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
☐ ☒ ☐ ☐
(e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
☐ ☐ ☒ ☐
(f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
☐ ☐ ☐ ☒

2.4.1 Environmental Evaluation
A Biological Resources Assessment was prepared for the project by Wildlife Research Associates and Jane Valerius Environmental Consulting and an Arborist’s Summary was prepared by Becky Duckles, Consulting Arborist and Landscape Advisor. The following analysis incorporates the findings of these reports, which have been included as Appendix C-1 and Appendix C-2, respectively, to this Initial Study.

2.4.2 Environmental Setting
The project site is located within the North Coast Province. Vegetation in the North Coast Province consists predominantly of conifer and mixed-conifer forests bisected by chaparral stands, riparian forests, and wetlands. Valley and foothill grassland and woodland communities emerge along the central and southeastern border of the province, while coastal wetlands and marshes appear along the coastline.

Specifically, Douglas-fir, mixed-evergreen, western hardwoods, and chaparral-mountain shrub dominate the province.

The roughly rectangular, approximately 3.7-acre project site, including the 3.53-acre parcel and 0.17-acre off-site improvement area along Dry Creek Road, ranges in elevation between 135 feet amsl in the northeast and 125 feet amsl in the southwest and is situated west of the Russian River and east of Dry

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32 Creek. All creeks in this area flow generally from north to south. Foss Creek originates approximately 1 mile north of Healdsburg and is fed by several drainages in the east. Norton Slough and Foss Creek merge approximately 4,820 feet to the south of the project site. Along the western boundary of the project site, Foss Creek supports a robust riparian vegetation community including within the 35-foot-wide riparian setback; however, no work would occur in the creek or riparian setback area.

2.4.3 Impact Analysis
a. Would the project have a substantial adverse effect, either directly or through habitat modification, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Based on the site visit conducted on May 13, 2021, three vegetation communities, comprising four wildlife habitat types, occur within the project site. The vegetation communities are non-native grasslands, mixed willow riparian woodland, and seasonal wetlands. The potential for the occurrence of 46 special-status plant species was evaluated. Floristic surveys were conducted for plants in the spring of 2021 to cover the flowering period for all special-status plants with the potential to occur based on the presence of suitable habitat. Of the 46 special-status plant species identified, only four had the potential to occur on the project site and none were identified during any of the protocol surveys conducted on the project site; therefore, no further plant surveys were conducted.

In total, 38 special-status animal species were evaluated for the potential to occur within a three-mile radius of the project site. Of these 38 special-status animal species, 27 are not expected to occur within the project site due to lack of habitat. Of the 11 species that have potential for occurrence on the project site, only nine species have potential to occur within the project impact area (areas within the project site that are proposed for permanent development). For the two species with no suitable habitat within the project impact area (i.e., fish), no further analysis was conducted.

The project would incorporate general avoidance and minimization measures and best management practices (BMPs) in the construction of the project to avoid and minimize potential effects of the project on special-status species. These measures include, but are not limited to, the following:

1. Work Windows. Ground disturbance will be conducted during the dry season, generally between April 15 and October 15, of any given year, depending on the level of rainfall and/or project site conditions.

2. Proper Use of Erosion Control Materials. Plastic or synthetic monofilament netting will not be used, in order to prevent wildlife from becoming entangled, trapped, or injured. This includes products that use photodegradable or biodegradable synthetic netting, which can take several months to decompose. Acceptable materials include natural fibers such as jute, coconut, twine, or other similar fibers. Following site restoration, any materials left behind as part of the restoration, such as straw wattles, should not impede movement of species.

3. Avoidance of Entrainment. If a water body (e.g., pond or ditch) is to be temporarily dewatered by pumping, intakes shall be completely screened with wire mesh smaller than 5 millimeters and intake placed within a perforated bucket or other method to attenuate suction to prevent amphibian larvae from entering the pump system. Pumped water shall be stored in a manner that does not degrade water quality and then upon completion released back into the water body, or at an appropriate location in a manner that does not cause erosion. No rewatering of the water body is necessary if sufficient surface or subsurface flow exists to fill it within a few days, or if work is completed during the time of year the water body would have dried naturally, or for predator control purposes.

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33 4. Trash. All foods and food-related trash items will be enclosed in sealed trash containers at the end of each day and removed from the project site every 3 days.

However, even with incorporation of the general avoidance and minimization measures and BMPs, the project could result in impacts to western pond turtles, nesting passerines, nesting raptors, and roosting bats.

Western pond turtles may occur within the vicinity of the project site and may use Foss Creek and move through the upland habitat as a movement corridor. Development of grasslands within the project site may impact individual western pond turtles. The project would incorporate Mitigation Measure BIO-1 to reduce potential impacts to western pond turtle to less than significant.

Passerines and raptors nesting in the individual and riparian trees and the lowlands within the project impact area could be impacted if construction occurs during the nesting season (between February 1 and August 30, annually). The project would incorporate Mitigation Measure BIO-2 to reduce potential impacts to passerines and raptors to less than significant.

The proposed removal of eight trees may cause direct mortality of roosting bats if the trees provide suitable roosting habitat and are removed during seasonal periods of inactivity (maternity season or winter). The project would incorporate Mitigation Measure BIO-3 to reduce potential impacts to roosting bats to less than significant.

Therefore, implementation of Mitigation Measures BIO-1, BIO-2, and BIO-3 would reduce potential impacts to sensitive or special-status species to less-than-significant levels. b. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in the local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
Please refer to analysis under Impact Question (c). Impacts would be less than significant with implementation of Mitigation Measure BIO-4.
c. Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? A formal wetland delineation was conducted in the spring of 2021 and was verified by the U.S. Army Corps of Engineers. The mixed willow riparian community along Foss Creek on the western boundary of the project site is a perennial stream and designated as a sensitive natural community by the California Department of Fish and Wildlife (CDFW). The width of Foss Creek at the ordinary high-water mark averages approximately 20 feet. A total of 0.14 acre of waters of the U.S. and waters of the state occurs within the project site. Foss Creek has a willow riparian canopy cover that includes oaks, walnut, elderberry, and Himalayan blackberry. However, no construction activities would occur in Foss Creek or within the 35-foot-wide riparian setback. The project would have no direct or indirect impacts to the

0.14 acre of waters of the U.S. or associated riparian habitat.

Two seasonal wetlands comprising a total of 0.57 acre of seasonal wetlands occur on the project site.

The seasonal wetlands occur as two features: W-1 and W-2. Wetland W-1 is 0.53 acre and is in the southcentral portion of the project site within the mapped AE flood zone. This wetland occurs as a broad swale feature that drains from the northeast to southwest towards Norton Slough/Foss Creek. Wetland W-2 is

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34 0.04 acre and is fed by a storm drain culvert under the railroad tracks that flows onto the property and towards Foss Creek in an east–west direction.

The project would impact a total of 0.25 acre of existing seasonal wetlands and avoid 0.32 acre of wetlands. Removal of the federally protected wetlands would result in a significant impact unless mitigated. The project would implement Mitigation Measure BIO-4 to compensate for the loss of

0.25 acre of wetlands.

Mitigation Measure BIO-4 would require the project to create 0.41 acre of new wetlands outside of the riparian setback. The wetland creation would occur on-site and would be in-kind with the same or similar wetland functions and values established for the project site including increasing the flood holding capacity of the project site. The upland areas between the riparian setback and proposed locations of Buildings 1 and 2, the outdoor areas, and the parking lot on the project site would drain toward the new wetlands. The new wetlands would be graded to meet the grade of the existing wetlands. Hydrology would be provided through direct precipitation and additional flow from property adjacent to the project site.

Therefore, with implementation of Mitigation Measure BIO-4, project impacts on wetlands, riparian habitats and other sensitive natural communities would be reduced to less-than-significant levels. d. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Wildlife movement includes migration (i.e., usually one way per season), inter-population movement (i.e., long-term genetic flow) and small travel pathways (i.e., daily movement corridors within an animal’s territory). While small travel pathways usually facilitate movement for daily home range activities such as foraging or escape from predators, they also provide connection between outlying populations and the main corridor, permitting an increase in gene flow among populations.

The project site is not within a Natural Landscape Block (defined as relatively natural habitat blocks that support native biodiversity) or an Essential Connectivity Area (defined as areas that are essential for ecological connectivity between blocks).

Movement corridors for large and small mammals do occur along Foss Creek. The undeveloped nature of the project site surrounded by commercial and industrial development on the east and west, but also to the north and south, allows for the project site to be used as a stepping-stone to areas farther north. Foss Creek allows for movement north and south despite the development in the area.

The open grasslands on the project site allow for unimpeded movement. The 1.75-acre permanent project impact area would remove a portion of this movement corridor. However, 1.95 acres would remain that would be unimpeded for wildlife movement. No construction activities or development would occur in Foss Creek or within the associated 35-foot riparian setback. As described above under Impact Question (a), western pond turtles use the upland habitat on-site as a movement corridor, a portion of which would be permanently removed; however, the remaining habitat would be sufficient for continued use by the western pond turtle. As a result, limited impacts to movement corridors for native resident or migratory fish or wildlife species would occur. With implementation of Mitigation Measure BIO-1 identified above under Impact Question (a), potential impacts on movement corridors for wildlife species would be reduced to a less-than-significant level.

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35 e. Would the project conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? The City’s tree ordinance is outlined in Chapter 20.24 Environmental and Historic Resources Protection, Article II Heritage Tree Protection. The purpose of these regulations is to protect certain trees in order to preserve cultural heritage, maintain and enhance the scenic beauty of the community, improve air quality, assist in abating soil and slope erosion, and preserve and enhance property values, thus promoting the public health, safety, and welfare. Heritage trees are defined as trees with a diameter of 30 inches or greater, measured 2 feet above the level ground, or any tree or group of trees identified by a City Council resolution that are of historic or significant value. The project site (not including the portion within the 35-foot-wide riparian setback on the western portion of site) contains 59 trees, eight of which must be removed for construction of the project. None of the trees proposed for removal are protected trees.

Municipal Code Section 20.16.100, Parking Lot Landscaping, requires the provision of one tree for every 10 parking spaces or 12 trees in the proposed parking lot; however, due to the existing Geysers wastewater pipeline easement, there is only sufficient space to provide 11 trees on the western side of the parking lot. Therefore, the project would seek a waiver under State Density Bonus Law of the parking lot tree requirement. With the waiver allowed by State law, the project would not conflict with local policies or ordinances related to tree preservation and impacts associated with the project would be less than significant.
f. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
There is no Habitat Conservation Plan or Natural Community Conservation Plan that applies to the project site; therefore, there would be no impact associated with the project.

2.4.4 Mitigation Measures
The project shall comply with all relevant measures identified in the Biological Resources Assessment prepared for the project as follows:

BIO-1 Western Pond Turtle Pre-Construction Survey. To prevent take of individuals, a preconstruction survey shall be conducted within 7 days prior to groundbreaking between January 1 and June 30 in the grasslands within the project impact area on the project site.

If no western pond turtles are observed, no further action is required.

If pond turtles are observed in the grasslands, the California Department of Fish and Wildlife shall be contacted, and all construction activities will be delayed until an appropriate course of action is established and approved by the California Department of Fish and Wildlife. This may be as simple as establishing a drift fence around the project impact area to prevent turtles from moving into the project impact area.

If construction is delayed for more than 30 days from the survey, another preconstruction survey for western pond turtle shall be conducted.

BIO-2 Passerines and Raptors. To avoid or minimize impacts to passerines and raptors that may potentially nest in the trees within the project impact area during the nesting season between February 1 and August 30, the project shall comply with the following measures:

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36 1. Grading or removal of nesting trees should be conducted outside the nesting season, which occurs between February 1 and August 30.

2. If grading between August 31 and January 31 is infeasible and groundbreaking must occur within the nesting season, a pre-construction nesting bird (both passerine and raptor) survey of the grasslands and trees within the project impact area shall be performed by a qualified biologist within 3 days of groundbreaking. If no nesting birds are observed, no further action is required, and grading shall occur within 1 week of the survey to prevent “take” of individual birds that could begin nesting after the survey.

3. If active bird nests (either passerine and/or raptor) are observed during the preconstruction survey, a disturbance-free buffer zone shall be established around the nest tree(s) until the young have fledged, as determined by a qualified biologist.

4. The radius of the required buffer zone can vary depending on the species, (i.e., 250 feet for passerines and 300 to 500 feet for raptors), with the dimensions of any required buffer zones to be determined by a qualified biologist in consultation with the California Department of Fish and Wildlife.

5. To delineate the buffer zone around a nesting tree, orange construction fencing shall be placed at the specified radius from the base of the tree within which no machinery or workers shall intrude.

After the fencing is in place there shall be no restrictions on grading or construction activities outside the prescribed buffer zones.

BIO-3 Tree-Roosting Bats Pre-Construction Survey. A qualified bat biologist must supervise tree removal for Trees 7, 15, 28, and 57 identified in Table 1 of the Biological Resources Assessment prepared for the project. To prevent take of individuals, a two-step methodology for tree removal shall be conducted over 2 consecutive days under the supervision of a qualified bat biologist. The tree removal company, under the direction of a qualified bat biologist, shall create noise and vibration on Day 1 by cutting non-habitat branches and limbs from habitat trees using chainsaws only (no excavators or other heavy machinery). On Day 2, the remainder of the tree shall be removed. Two-step tree removal must only occur during seasonal periods of bat activity, as follows:
• Between March 1 (or after evening temperatures rise above 45 degrees Fahrenheit [°F] and/or no more than 0.5 inch of rainfall within 24 hours occurs) and April 15, or • Between September 1 and October 15 (or before evening temperatures fall below 45°F and/or more than 0.5 inch of rainfall within 24 hours occurs).

BIO-4 Section 404 Permit and 401 Certification. The project shall obtain a Section 404 nationwide permit from the U.S. Army Corps of Engineers along with a Section 401 water quality certification from the Regional Water Quality Control Board for the

0.25-acre impacts to the seasonal wetlands. A detailed wetland mitigation plan shall be developed as part of the permit process.

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37 2.5 CULTURAL RESOURCES
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
(a) Cause a substantial adverse change in the
significance of a historical resource pursuant to State CEQA Guidelines Section 15064.5?
☐ ☐ ☐ ☒
(b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant to
State CEQA Guidelines Section 15064.5?
☐ ☒ ☐ ☐
(c) Disturb any human remains, including those interred outside of dedicated cemeteries?
☐ ☒ ☐ ☐

2.5.1 Environmental Evaluation
The Cultural Resources Study for the Dry Creek Commons Project was prepared for the project by Tom Origer and Associates. The following analysis incorporates the findings of this report, which has been included as Appendix D to this Initial Study.

2.5.2 Impact Analysis
a. Would the project cause a substantial adverse change in significance of a historical resource as defined in State CEQA Guidelines Section 15064.5? The approximately 3.7-acre project site, including the 3.53-acre parcel and 0.17-acre off-site improvement area along Dry Creek Road, is currently vacant with no buildings or structures and has historically been used for agricultural purposes. The project consists of the construction of two, four-story apartment buildings totaling approximately 61,470 gross square feet, 104 vehicle parking spaces, and associated site improvements. The project requires excavation and removal of the underlying alluvial sediments to depths ranging 3 to 4 feet below ground surface.

The project site and 10 surrounding parcels were surveyed and catalogued as the architectural area of potential effects (APE) from the project. There is no evidence that the buildings within the architectural APE are associated with a historical context important to Sonoma County, such as agriculture or postWorld War II development; therefore, they do not meet Criterion A of the National Register of Historic Places (National Register) (or Criterion 1 of the California Register of Historical Resources [California Register]). Preliminary research on past property owners of buildings show that they were not people important to local, state, or national history; therefore, the buildings on these parcels do not meet Criterion B of the National Register (or Criterion 2 of the California Register). All buildings within the architectural APE are architecturally indistinctive and do not meet Criterion C of the National Register (Criterion 3 of the California Register). Buildings do not generally contain data that meet Criterion D of the National Register (Criterion 4 of the California Register).

Although the SMART (formerly Northwestern Pacific Railroad) railroad tracks are adjacent to the project site and determined eligible for the National Register, this project would not have an adverse effect on this eligibility. The SMART railroad tracks were found eligible under Criterion A for its association with the economic, social, and transportation history of Healdsburg. The project will not affect the association this segment of railroad has with this historical event.

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38 Therefore, implementation of the project would not have a substantial adverse change in the significance of a historical resource and there would be no project-related impacts. b. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines Section 15064.5? A confidential search of the archaeological site base maps and records, survey reports, and other materials on file at the California Historical Resources Information System (CHRIS) at the Northwest Information Center (NWIC) was completed on November 9, 2021. The search included previous cultural resource studies and archaeological resources within the project site. No previously recorded cultural resources were identified within the project site.

The project site has a high potential for buried archaeological site indicators. This is because the project site lies on a landform that dates to the Holocene Epoch, its proximity to a source of fresh water, and because the project site is level in elevation. Due to this high potential, an intensive field survey and auger holes were excavated within the project site to look for buried deposits on November 16, 2021. No archaeological site indicators were observed during the course of the survey.

The records search results from the NWIC and the completed survey indicate that the project site does not contain any known historical or archaeological resources. Thus, implementation of the project would not cause a substantial adverse change in the significance of a historical or archaeological resource. However, archaeological resources could be discovered during grading, excavation, or other ground-disturbing activities. In the event of an accidental discovery, Mitigation Measure CUL-1 would be implemented to reduce potential impacts on archaeological resources to a less-than-significant level. c. Would the project disturb any human remains, including those interred outside of formal cemeteries?
Based on the NWIC records search and survey, no human remains or uses associated with human remains are known to exist within the project site. However, the discovery of human remains is always a possibility during ground-disturbing activities. In the event of an accidental discovery, Mitigation Measure CUL-2 would be implemented to reduce potential impacts on human remains to a less-thansignificant level.

2.5.3 Mitigation Measures
There are no known historical resources, archaeological resources, or human remains in the project area.

The following mitigation measures are provided to avoid and/or reduce impacts to a less-than-significant level in the event unknown resources are encountered during project implementation.

CUL-1 The City of Healdsburg shall ensure that construction documents require the construction contractor to stop work in the event potentially significant cultural resources are accidentally discovered during construction and that State CEQA Guidelines Section 15064.5(f) be followed if archaeological sites are accidentally discovered.

If buried archaeological materials are encountered, all soil-disturbing work within a 100-foot radius of the find shall cease and workers should avoid altering the materials until a qualified archaeologist who meets the Secretary of Interior’s Professional Qualification Standards for archaeology completes a significance evaluation of the find(s) pursuant to Section 106 of the National Historic Preservation Act (36 Code of Federal Regulations 60.4). The developer shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Prehistoric

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39 archaeological site indicators expected within the general area include chipped chert and obsidian tools and tool manufacture waste flakes; grinding and hammering implements that look like fist-size, river-tumbled stones; and for some rare sites, locally darkened soil that generally contains abundant archaeological specimens. Historical remains expected in the general area commonly include items of ceramic, glass, and metal. Features that might be present include structural remains (e.g., cabins or their foundations) and pits containing historical artifacts. The qualified archaeologist shall make recommendations concerning appropriate measures to be implemented to protect the resource, including, but not limited to, excavation and evaluation of the finds in accordance with State CEQA Guidelines Section 15064.5. Any previously undiscovered resources found during construction within the project site shall be recorded on appropriate California Department of Parks and Recreation 523 Series forms and will be submitted to the City of Healdsburg, Northwest Information Center, and State Historic Preservation Office, if required.

CUL-2 The City of Healdsburg shall ensure that construction documents require the construction contractor to stop work in the event that human remains are accidentally discovered during construction.

Pursuant to Health and Safety Code Section 7050.5, Public Resources Code Sections 5097.94 and 5097.98, and State CEQA Guidelines Section 15064.5(e), in the event that human remains are discovered during excavation and/or grading of the project site, all activity within a 100-foot radius of the find shall be stopped. The Sonoma County Coroner shall be notified immediately and shall make a determination as to whether the remains are of Native American origin or whether an investigation into the cause of death is required. If the remains are determined to be Native American, the Coroner will notify the Native American Heritage Commission immediately and the Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendant of the deceased Native American. Once the Native American Heritage Commission identifies the most likely descendant, the most likely descendant will make recommendations regarding proper burial, which will be implemented in accordance with Section 15064.5(e) of the State CEQA Guidelines.

If the Native American Heritage Commission is unable to identify a most likely descendant or the most likely descendant does not make recommendations within 48 hours of being notified by the Native American Heritage Commission, the developer shall, with appropriate dignity, reinter the remains in an area of the project site secure from further disturbance. Alternatively, if the developer does not accept the most likely descendants’ recommendations, the developer or the descendants may request mediation by the Native American Heritage Commission.

Additionally, State CEQA Guidelines Section 15064.5(d) requires that when an initial study identifies the existence, or the probable likelihood, of Native American human remains within a project, a lead agency shall work with the appropriate Native Americans as identified by the Native American Heritage Commission as provided in Public Resources Code Section 5097.98. The applicant may develop an agreement for treating or disposing of, with appropriate dignity, the human remains and any items associated with Native American burials with the appropriate Native Americans as identified by the Native American Heritage Commission.

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40 2.6 ENERGY
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
(a) Result in a potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
☐ ☐ ☒ ☐
(b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
☐ ☐ ☐ ☒

2.6.1 Impact Analysis
a. Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
Construction activities would consume energy in the form of gasoline and diesel fuel through the operation of heavy off-road equipment, trucks, and worker traffic. However, consumption of such resources would be temporary and would cease upon the completion of construction. As a standard condition of approval, the developer will be required to comply with General Plan Policy NR-28, which requires the use of BMPs, such as those promulgated by the BAAQMD, during construction to minimize emissions.31 As such, the proposed project would minimize the inefficient, wasteful, and unnecessary consumption of energy during construction by limiting idling times and requiring that all construction equipment be maintained and properly tuned in accordance with manufacturer’s specifications. Therefore, construction-related energy impacts would be less than significant.

Operation of the project would be subject to Titles 20 and 24 of the California Code of Regulations, which reduce demand for electrical energy by implementing energy-efficient standards for appliances and for residential buildings but also state requirements for local water efficient landscape ordinances, general conservation by water providers (e.g., Water Conservation Act of 2009 requiring a 20 percent reduction in per capita urban water use by 2020), and the mandate for energy providers to increase their reliance on renewable energy embodied in the Renewables Portfolio Standard. The 2030 General Plan includes goals (see 2030 Goal H-G Conservation of Energy) and related policies to promote energy conservation in residential development and reduce greenhouse gas emissions.32 The project would incorporate sustainable building practices, including solar arrays, all-electric design, low-impact development features, and water conservation to support the City’s sustainability goals and encourage conservation (consistent with General Plan Guiding Principle 4C and Policies H-G-2-3, H-G-5-9, PS-A-5, PS-B-2, and PS-C-3). The project would also be consistent with the type and intensity of development anticipated for the project site in the 2030 General Plan and meet the energy efficiency standards required by Title 24.

Therefore, the project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources and impacts would be less than significant.
31 City of Healdsburg. 2015. Healdsburg 2030 General Plan Policy Document, p. 7-11. Available at:
https://healdsburg.gov/DocumentCenter/View/634/General-Plan-Policy-Document-PDF. Accessed May 2022. 32 City of Healdsburg. 2015. Healdsburg 2030 General Plan Policy Document. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/634/General-Plan-Policy-Document-PDF. Accessed May 2022.

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41 b. Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
The project site is located in the North Coast Air Basin, where air quality is regulated by the NSCAPCD.

The North Coast Air Basin is in attainment for all federal ambient air quality standards. Therefore, the NSCAPCD is not required to prepare or implement an air quality plan and there is no applicable air quality plan. As such, no impacts associated with the project would occur due to a conflict with the applicable air quality plan.

As described under Impact Question (a), the project would be designed in conformance with all state and local energy conservation standards, such as the requirements of the California Building Code (CBC) applicable at the time of permit issuance and would not conflict with or obstruct any other state or local plans for renewable energy or energy efficiency. Therefore, there would be no impact.

2.6.2 Mitigation Measures
None required.

2.7 GEOLOGY AND SOILS
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
(a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:
(i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
☐ ☐ ☒ ☐
(ii) Strong seismic ground shaking? ☐ ☒ ☐ ☐
(iii) Seismic-related ground failure, including
liquefaction? ☐ ☒ ☐ ☐
(iv) Landslides? ☐ ☐ ☒ ☐
(b) Result in substantial soil erosion or the loss of
topsoil? ☐ ☐ ☒ ☐
(c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction, or collapse?
☐ ☒ ☐ ☐
(d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating
substantial direct or indirect risks to life or property? ☐ ☒ ☐ ☐
(e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
☐ ☐ ☐ ☒

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42 Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
(f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ☐ ☒ ☐ ☐

2.7.1 Environmental Evaluation
A preliminary geotechnical investigation (Geotechnical Study Report) was prepared for the project by RGH Consultants. The following analysis incorporates the findings of the study, which has been included as Appendix E to this Initial Study.

2.7.2 Environmental Setting
The City is located in northern Sonoma County within the central portion of the California Coast Range geomorphic province, a region characterized by northwest-trending valleys and mountain ranges. This alignment of valleys and ridges developed in response to uplift, folding, and faulting along the San Andreas system of active faults. The closest active faults to the project site are the Healdsburg-Rodgers Creek Fault, which crosses portions of the City, and the Maacama Fault, located approximately 4 miles north of the City.
33 The western and central portions of the City are characterized by low-lying, gently sloping topography. Hilly upland areas characterize its northern and eastern portions. The prevailing drainage patterns are to the west and south via intermittent creeks and drainage channels. Within the City, the most significant geologic hazards are those associated with earthquakes, including landslides, debris flows, and liquefaction. Other geologic hazards include expansive soils, erosion, and the general impact of grading.

2.7.3 Impact Analysis
a. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

According to the geologic map and literature review and field explorations conducted for the Geotechnical Study Report, the project site is not within a designated Alquist-Priolo Earthquake Fault Zone, there are no known active faults on or adjacent to the project site, and there is no evidence of existing faults or previous ground displacement on the project site due to fault movement. The closest active fault is the Healdsburg-Rodgers Creek fault, which passes through the eastern and northern areas of the City. Therefore, the risk of ground rupture at the project site due to faulting would be low, and impacts would be less than significant.
33 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Geology and Soils, p. IV.G.9, Figure IV.G-2 Fault Locations, and p. IV.G.11. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/680/Geology---Soils-PDF and https://www.ci.healdsburg.ca.us/DocumentCenter/View/709/IVG-2-Fault-Locations-PDF. Accessed May 2022.

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43 ii. Strong seismic ground shaking?
The project site is within a seismically active area in Northern California. According to the U.S.

Geological Survey (USGS) and Association of Bay Area Governments (ABAG), the project site is susceptible to very strong to severe seismic ground shaking in the event of a major earthquake caused by a nearby active fault.34 The 2030 General Plan Update EIR determined that the City has a 27 percent chance or higher of a large magnitude, 6.7 or higher, earthquake occurring along the Healdsburg-Rodger Creek Fault or the Hayward Fault in the next 30 years and a 62 percent or higher chance of a large earthquake occurring in the greater San Francisco Bay region by the year 2032.35 Due to the proximity of active faults in the region, there would be a strong potential for ground shaking at the project site. Thus, the proposed four-story apartment buildings and associated site improvements would be susceptible to strong seismic ground shaking. The potential severity of ground shaking depends on many factors, including distance from the originating fault, the earthquake magnitude, and the nature of the subsurface materials.

The 2019 CBC, as adopted in Municipal Code Chapter 15.04, contains requirements for structural design, including seismic design specifications. The 2019 CBC requires that structures be designed and constructed to resist seismic hazards, including through foundation design and the completion of soil investigations prior to construction. The CBC also requires site-specific geotechnical investigations to evaluate soil stability, soil strength, position and adequacy of load-bearing soils, the effect of moisture variation on soil-bearing capacity, compressibility, liquefaction, and expansiveness; and that the report provide recommendations on foundation type and design criteria.

The Geotechnical Study Report prepared for the project meets these CBC requirements, identifies projectspecific structural specifications and recommendations to be included in the final building plans for the project and concludes that “the proposed improvements can be built as planned, provided the recommendations presented in this report are incorporated into their design and construction”.

All new structures would be required to conform to the seismic design parameters of the 2019 CBC. All proposed development would be required to adhere to federal, state, and local regulations pertaining to seismic safety design, thereby reducing and preventing potential impacts. The City’s Community Development Department, which encompasses both the Planning and Building Divisions, will review the project plans and soils report prior to issuance of building permits for the project to ensure compliance with CBC requirements related to earthquake-resistant construction. Therefore, with adherence to the building regulations, e.g., 2019 CBC, and the incorporation of Mitigation Measure GEO-1, impacts related to seismic ground shaking would be less than significant. iii. Seismic-related ground failure, including liquefaction? Liquefaction is defined as the sudden loss of soil strength due to a rapid increase in soil pore water pressure resulting from seismic ground shaking. The occurrence of this phenomenon is dependent on many complex factors including the intensity and duration of ground shaking, particle size distribution, and density of the soil. The potential for liquefaction is considered to be highest in areas underlain by saturated, unconsolidated, granular sediments. Within the City, areas most at risk from liquefaction are 34 U.S. Geological Survey (USGS). 2014. Earthquake Hazards Program, Building Seismic Safety Council 2014 Event Set.

Available at: https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=14d2f75c7c4f4619936dac0d14e1e468.

Accessed May 2022; and Association of Bay Area Governments (ABAG). 2022. Hazard Viewer Map. Available at:
https://mtc.maps.arcgis.com/apps/webappviewer/index.html?id=4a6f3f1259df42eab29b35dfcd086fc8. Accessed May 2022. 35 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Geology and Soils, p. IV.G.11. Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/680/Geology---Soils-PDF. Accessed May 2022.

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44 alluvial areas along the banks of the Russian River and its major tributaries, including the project site.36 According to the Geotechnical Study Report and as reflected in 2030 General Plan Update EIR Figure IV.G-3 Liquefaction Hazard Locations,37 there are layers of subsurface soil on the project site that are susceptible to liquefaction. The ABAG interactive liquefaction susceptibility map shows that the project site is moderately susceptible to liquefaction during or immediately after a major seismic event.38 The Geotechnical Study Report indicates that subsurface soils on the project site consist of poorly to moderately sorted sand, silt, gravel, and clay layers. Near-surface granular soils at the project site have a low potential for liquefaction; however, granular soils encountered below the groundwater level at depths of approximately 11.5 feet to 15.5 feet below ground surface are moderately prone to liquefaction. These potentially liquefiable soils are susceptible to settlement due to the densification of the liquefied soils.

Liquefaction of these soil layers could cause up to 0.5-inch total settlement and 0.25-inch differential settlement. Although liquefaction often causes severe damage to structures, structural collapse is uncommon. Structures can be protected from liquefaction through installation of special foundations.

Because of the moderate liquefaction potential, the foundation would need to be designed to accommodate settlement, as outlined in the Geotechnical Study Report. In addition, all new structures would be required to conform to the seismic design parameters of the 2019 CBC and adhere to federal, state, and local regulations pertaining to seismic safety design, thereby reducing and preventing potential impacts. In order to address concerns about unstable and weak, compressible soils, the Geotechnical Study Report provides several recommendations, including removal of these soils from construction areas and replacement with properly compacted and engineered fill and implementation of foundation support.

Thus, compliance with building regulations and implementation of Mitigation Measure GEO-1 would ensure that impacts related to seismic-related ground failure, including liquefaction, would be reduced to a less-than-significant level.
iv. Landslides?
Earthquakes or other natural events can trigger landslides that may cause injuries and damage many types of structures. However, landslides are typically a hazard on or near slopes or hillside areas, rather than generally level areas like the project site and vicinity. According to 2030 General Plan Update EIR Figure IV.G-4 Slope Hazard Zones, the project site is located in a relatively stable area, due to low slope inclinations, i.e., Zone A, the most stable zone, that encompass the near-level valley bottoms. Based on 2030 General Plan Update EIR Figure IV-G-5 Landslide Locations, no landslides have been mapped at or near the project site. Thus, published landslide maps do not indicate large-scale slope instability at the project site. In addition, active landslides were not observed at the project site during the site exploration.

Although the project site is bordered by Foss Creek to the west, which is vulnerable to slope instability and sloughing due to erosion, the new buildings would be located east of the 35-foot-wide Foss Creek riparian corridor. Therefore, impacts related to landslides would be less than significant. b. Would the project result in substantial soil erosion or the loss of topsoil? The project site is relatively flat, ranging in elevation between 135 feet amsl in the northeast and 125 feet amsl in the southwest. Given this topography, the development of the project site is not expected to generate significant soil erosion and/or loss of topsoil. Nonetheless, site grading and earthwork could 36 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Geology and Soils. Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/680/Geology---Soils-PDF. Accessed May 2022. 37 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Figure IV.G-3 Liquefaction Hazard Locations. Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/710/IVG-3- Liquefaction-Hazard-PDF. Accessed May 2022.
38 Association of Bay Area Governments (ABAG). 2022. Hazard Viewer Map. Available at:
https://mtc.maps.arcgis.com/apps/webappviewer/index.html?id=4a6f3f1259df42eab29b35dfcd086fc8. Accessed May 2022.

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45 potentially result in a substantial temporary increase in erosion or the loss of topsoil. During the construction phase, high winds, rainfall, or other storm events could contribute to erosion impacts.

However, erosion control measures to be implemented during construction would be identified in the erosion and sediment control plan required for the project under Municipal Code Section 17.36, Grading and Erosion Control, and would be included in the Stormwater Pollution Prevention Plan (SWPPP) for construction. Construction-related erosion control and water quality BMPs identified in the SWPPP generally include soil stabilization techniques such as: hydroseeding and short-term biodegradable erosion control blankets; silt fences or some kind of inlet protection at downstream storm drain inlets; post-construction inspection of all drainage facilities for accumulated sediment; and post-construction clearing of all drainage facilities of debris and sediment. Additionally, the project would be constructed in accordance with the National Pollutant Discharge Elimination Systems (NPDES) Permit. Compliance with the NPDES Permit would include a Water Quality Management Plan (WQMP), a SWPPP, and implementation of BMPs aimed at reducing on-site soil erosion and the loss of on-site topsoil. Given the mandated conditions and standards that are required to be met, no significant adverse soil erosion or related soil erosion water quality impacts are expected. Therefore, impacts would be less than significant. c. Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? The Geotechnical Study Report concluded that it is geotechnically feasible to construct the project.

The primary geotechnical concerns relate to weak, compressible upper soils; presence of soils susceptible to liquefaction; effects of uncontrolled surface runoff and groundwater seepage; and ground-shaking potential predicted to impact the project site.

Landslides
As stated above, the project site is located in a relatively stable area, due to its flat elevation, and proposed improvements would be developed on the east portion of site to limit effects on existing wetlands and avoid the Foss Creek riparian corridor. Therefore, landslides are unlikely to occur.

Lateral Spreading
Lateral spreading is horizontal/lateral ground movement of relatively flat-lying soil deposits towards a free face such as an excavation, channel, or open body of water. Typically, lateral spreading is associated with liquefaction of one or more subsurface layers near the bottom of the exposed slope. The majority of the project site is relatively level with minor grade variation. However, the project site is bordered to the west by Foss Creek, which is a geological feature that is associated with lateral spreading. The proposed improvements would be developed on the east portion of the project site to limit effects on existing wetlands and avoid the Foss Creek riparian corridor. Tests of boring samples conducted as part of the Geotechnical Study Report concluded that lateral spreading would not be a site hazard.

Subsidence
Land subsidence is a gradual settling or sudden sinking of the Earth’s surface owing to subsurface movement of earth materials. Subsidence is most often attributed to human activity, mainly from the removal of subsurface water. Other principal causes of subsidence are aquifer system compaction, drainage of organic soils, underground mining, hydrocompaction, natural compaction, sinkholes, and thawing permafrost. The project site previously contained agricultural uses but has most recently been vacant undeveloped land with no buildings or structures since 1974.39 There have been no known on-site 39 Harris and Lee Environmental Sciences, LLC. 2021. Phase 1 Environmental Site Assessment. (See Appendix F.)

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46 activities that required the removal of subsurface waters or drainage activities, which would have made the project site susceptible to subsidence. Therefore, impacts associated with subsidence would be less than significant.

Liquefaction
As noted, the project site is considered to have moderate susceptibility to liquefaction during or immediately following a significant seismic event. Because of the moderate liquefaction potential, the foundation would need to be designed to accommodate settlement. In addition, all new structures would be required to conform to the seismic design parameters of the 2019 CBC and to adhere to federal, state, and local regulations pertaining to seismic safety design, thereby reducing and preventing potential impacts. Thus, compliance with building regulations; adherence to federal, state, and local regulations; and implementation of Mitigation Measure GEO-1, which recommends the appropriate foundation systems, soil stability measures, on-site soil preparation, and compaction levels, would ensure that impacts related to unstable soils would be reduced to a less-than-significant level.

Collapse
The project site is not underlain by natural or man-made subsurface features that are typically associated with collapse, including mining or extraction operations or karst topography. All proposed development would be required to conform to the seismic design parameters of the 2019 CBC and to adhere to federal, state, and local regulations pertaining to seismic safety design, thereby reducing and preventing potential impacts. Compliance with building regulations; adherence to federal, state, and local regulations; and implementation of Mitigation Measure GEO-1 would reduce potential impacts to less than significant. d. Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
Expansive surface soil shrinks and swells as it loses and gains moisture throughout the yearly weather cycle. Near the soil surface, the resulting movements can heave, and crack lightly loaded shallow foundations (spread footings), slabs and pavements. The zone of significant moisture variation (active layer) is dependent on the expansion potential of the soil and the extent of the dry season. The 2030 General Plan Update EIR identifies portions of the City as being underlain by expansive soils that can cause damage to structures due to the wetting and drying that occurs with soils.40 As noted in the Geotechnical Study Report, the project site contains weak, compressible upper soils and an active layer of expansive soil ranging in thickness from about 2 to 3 feet. To address these concerns, several recommendations are provided including removal of weak, compressible soils from construction areas and replacement with properly compacted fill. With regards to expansive soil, the Geotechnical Study Report also includes recommendations when conducting excavation, exterior slabs and pavement, fill placement, and wall drainage and backfill. All proposed development would be required to conform to the seismic design parameters of the 2019 CBC and to adhere to federal, state, and local regulations pertaining to seismic safety design, thereby reducing and preventing potential impacts. Compliance with building regulations; adherence to federal, state, and local regulations; and implementation of Mitigation Measure GEO-1 would ensure that impacts related to expansive soil would be reduced to a less-thansignificant level. 40 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Geology and Soils, p. IV.G-25. Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/680/Geology---Soils-PDF. Accessed May 2022.

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47 e. Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
The project would be connected to the City’s wastewater treatment system. No septic system is proposed.

As a result, there would be no impact.
f. Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Project activities would include excavation to anticipated depths of approximately 3 to 4 feet. Any fossils present in the project area could be damaged by earth-disturbing activities (i.e., excavation and grading) more than 3 feet deep during project construction. Rocks of the Franciscan Assemblage (Jurassic), which have been known elsewhere to contain paleontological remains, underlie the northern portion of the City.41 Substantial damage to or destruction of significant paleontological resources as defined by the Society of Vertebrate Paleontology would be a significant impact.42 Although it is highly unlikely that previously unknown paleontological resources would be encountered during construction activities, ground-disturbing activities involve the possibility of such a discovery. Implementation of Mitigation Measure GEO-2 would reduce this impact to a less-than-significant level.

2.7.4 Mitigation Measures
GEO-1 Geotechnical Conclusions and Recommendations. Prior to issuance of building permits, the project applicant shall submit plans to the City of Healdsburg for review and approval demonstrating project compliance with the 2019 California Building Standards Code seismic requirements, or the latest adopted edition, and the recommendations of a design-level geotechnical investigation. All soil engineering recommendations and structural foundations shall be designed by a licensed Professional Engineer. The approved plans shall be incorporated into the proposed project. All on-site soil engineering activities shall be conducted under the supervision of a licensed Geotechnical Engineer or Certified Engineering Geologist.

GEO-2 Discovery of Paleontological Resources. Project construction workers engaged in ground-disturbing activities shall receive training provided by a qualified professional paleontologist experienced in teaching non-specialists to ensure that they can recognize fossil materials in the event any are discovered during construction. Selection of these professionals shall be subject to City of Healdsburg approval; pursuant to Public Resources Code Section 21089 the developer shall bear the cost of this professional. The qualified paleontologist shall prepare a Paleontological Resources Alert Sheet to be approved by the City of Healdsburg.

Worker awareness training shall occur prior to start of construction and shall be provided to project construction workers engaged in ground-disturbing activities (e.g., excavation, utility installation). The developer and/or their designee shall ensure that project construction workers are trained on the contents of the Paleontological Resources Alert 41 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Geology and Soils. Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/680/Geology---Soils-PDF. Accessed May 2022. 42 Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee. 2010. Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources. Available at: https://vertpaleo.org/wpcontent/uploads/2021/01/SVP_Impact_Mitigation_Guidelines-1.pdfhttp://vertpaleo.org/PDFS/24/2482305f-38f8-4c1b-934c1022d264e621.pdf. Accessed May 2022.

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48 Sheet. The Paleontological Resources Alert Sheet shall be prominently displayed at the construction site during ground-disturbing activities for reference regarding potential paleontological resources.

The developer shall include a standard inadvertent discovery clause in every construction contract to inform the contractor and construction personnel of the immediate stop work procedures and other procedures to be followed if bones or other potential fossils are unearthed at the project site. Should new workers that will be involved in grounddisturbing construction activities begin employment after the initial training has occurred, the construction supervisor shall ensure that they receive the worker awareness training, as described above. Additionally, the developer shall complete a standard form/affidavit confirming the timing of the worker awareness training to the City of Healdsburg. The affidavit shall confirm the project’s location, the date of training, the location of the informational handout display, and the number of participants. The affidavit shall be transmitted to the City of Healdsburg within 5 business days of conducting the training.

In the unlikely event that a paleontological resource is discovered during construction of the project, excavations within 50 feet of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist in accordance with Society of Vertebrate Paleontology standards and Best Practices in Mitigation Paleontology (Murphey et al.2019). Work within the sensitive area shall resume only when deemed appropriate by the qualified paleontologist in consultation with the City of Healdsburg.

The qualified paleontologist shall determine: 1) if the discovery is scientifically significant; 2) the necessity for involving other responsible or resource agencies and stakeholders, if required or determined applicable; and 3) methods for resource recovery.

If a paleontological resource assessment results in a determination that the resource is not scientifically important, this conclusion shall be documented in a Paleontological Evaluation Letter to demonstrate compliance with applicable statutory requirements (e.g., Federal Antiquities Act of 1906; State CEQA Guidelines Section 15064.5; California Public Resources Code Chapter 17, Section 5097.5; Paleontological Resources Preservation Act 2009). The Paleontological Evaluation Letter shall be submitted to the City of Healdsburg for review within 30 days of the discovery.

If the qualified paleontologist determines that a paleontological resource is of scientific importance, and there are no feasible measures to avoid disturbing this paleontological resource, the qualified paleontologist shall immediately prepare a Paleontological Mitigation Program consistent with the Society of Vertebrate Paleontology standards such that work can resume pursuant to Section 15064.5 (f) of the State CEQA Guidelines.

The mitigation program shall include measures to fully document and recover the resource of scientific importance. The qualified paleontologist shall submit the mitigation program to the City for review and approval within 10 business days of the discovery.

Upon approval by the City, ground disturbing activities in the project area shall resume and be monitored as determined by the qualified paleontologist for the duration of such activities.

The mitigation program shall include: 1) procedures for construction monitoring at the project site; 2) fossil preparation and identification procedures; 3) curation of paleontological resources of scientific importance into an appropriate repository; and 4) preparation of a Paleontological Resources Report (report or paleontology report) at the conclusion of ground disturbing activities. The report shall include dates of field work, results of monitoring, fossil identifications to the lowest possible taxonomic level,

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49 analysis of the fossil collection, a discussion of the scientific significance of the fossil collection, conclusions, locality forms, an itemized list of specimens, and a repository receipt from the curation facility. The developer shall be responsible for the preparation and implementation of the mitigation program, in addition to any costs necessary to prepare and identify collected fossils, and for any curation fees charged by the paleontological repository. The paleontology report shall be submitted to the City of Healdsburg for review within 30 business days from conclusion of ground-disturbing activities, or as negotiated following consultation with the City of Healdsburg. The developer will be responsible for ensuring that recommendations regarding treatment and reporting are implemented.

2.8 GREENHOUSE GAS EMISSIONS
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
(a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on the environment?
☐ ☐ ☒ ☐
(b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
☐ ☐ ☒ ☐

2.8.1 Environmental Evaluation
An Air Quality and Greenhouse Gas Impact Assessment was prepared for the project by Stantec Consulting Services, Inc. The following analysis incorporates the findings of this report, which has been included as Appendix B to this Initial Study.

2.8.2 Environmental Setting
Certain gases in the earth’s atmosphere, classified as greenhouse gases (GHGs), play a critical role in determining the earth’s surface temperature. GHGs are responsible for “trapping” solar radiation in the earth’s atmosphere, a phenomenon known as the greenhouse effect. Prominent GHGs contributing to the greenhouse effect are carbon dioxide (CO2), methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Human-caused emissions of these GHGs in excess of natural ambient concentrations are believed responsible for intensifying the greenhouse effect and leading to a trend of unnatural warming of the earth’s climate, known as global climate change or global warming.

Emissions of GHGs contributing to global climate change are attributable, in large part, to human activities associated with on-road and off-road transportation, industrial/manufacturing, electricity generation by utilities and consumption by end users, residential and commercial on-site fuel usage, and agriculture and forestry. Emissions of CO2 are, largely, by-products of fossil fuel combustion.

The quantity of GHGs in the atmosphere responsible for climate change is not precisely known, but it is enormous. No single project alone would measurably contribute to an incremental change in the global average temperature or to global or local climates or microclimates. From the standpoint of CEQA, GHG impacts relative to global climate change are inherently cumulative.

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50 Several regulations currently exist related to GHG emissions, predominantly AB 32, Executive Order S-3-05, and Senate Bill (SB) 32. AB 32 requires that statewide GHG emissions be reduced to 1990 levels by 2020. Executive Order S-3-05 established the GHG emission reduction target for the state to reduce to the 2000 level by 2010, the 1990 level by 2020 (AB 32), 40 percent below the 1990 level by 2030, and to 80 percent below the 1990 level by 2050 (SB 32).

2.8.2.1 SONOMA COUNTY CLIMATE ACTION PLAN
The Sonoma County Climate Action Plan (CAP) 2020 and Beyond was adopted in July 2016 with the goal of reducing county-wide emissions to 25 percent below 1990 levels by 2020. The CAP includes a series of measures to be adopted by cities and agencies in Sonoma County in order to reduce GHG emissions from the energy, transportation, land use, and other economic sectors. The CAP identifies specific GHG measures for every city within the county based on individual General Plans.

2.8.3 Impact Analysis
a. Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Consistent with State CEQA Guidelines 15064.4, GHG emissions for the project were quantified using the California Emissions Estimator Model (CalEEMod) version 2020.4.0. CalEEMod populates the model with corresponding default assumptions based on the project’s land uses, land use sizes, and location. The model prepared for this analysis relied on modeling default assumptions for the construction schedule, construction vehicle trips, and construction equipment. The construction schedule used in the analysis represents a “worst-case” analysis scenario since emission factors for construction equipment decrease as the analysis year increases, due to improvements in technology and more stringent regulatory requirements. As a result, construction emissions would decrease if the construction schedule moved to later years or was extended over a longer duration. The duration of construction activity and associated equipment represent a reasonable approximation of the expected construction fleet.

Minor filling may be required for the project to lift the building footprint out of the floodplain. As a result, soil import was conservatively assumed to be approximately 2,800 cubic yards. An additional 2,500 cubic yards of soil would be cut and used as fill in other areas on-site. Project-generated vehicle trips estimated in the Final Traffic Impact Study prepared for the project (see Appendix I) were included in the model. Finally, all-natural gas and wood-burning devices were removed from the model to reflect the project’s all-electric design.

Constructions Emission Inventory
Construction GHGs would be emitted by off-road construction equipment and by vehicle travel by workers and material deliveries to the project site. The estimated construction GHG emissions are shown in Table 3: Construction Greenhouse Gas Emissions. Because construction GHG emissions are temporary and reduction measures are limited, the construction emissions are amortized over the life of the project. A residential project is conservatively assumed to have a life of 30 years.

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51 Table 3: Construction Greenhouse Gas Emissions
Construction Year Metric Tons of Carbon Dioxide Equivalents 2022 270
2023 167
Total 437
Amortized over 30 years* 15
Sources: Air Quality and Greenhouse Gas Impact Assessment, 2022 (see Appendix B); CalEEMod 2020.4.0 * GHG emissions are amortized over the 30-year life of the project.

Operational Emission Inventory
The BAAQMD identified screening criteria to provide lead agencies and project applicants with a conservative indication of whether a project would result in potentially significant GHG impacts. If all screening criteria are met by a project, then the lead agency or applicant would not need to perform a detailed, quantitative assessment of their project’s GHG emissions. The project proposes to construct a 58-unit, four-story residential apartment complex on a vacant site. The BAAQMD GHG screening criteria threshold for mid-rise apartments is 87 dwelling units. The project would fall below the BAAQMD GHG thresholds; however, the BAAQMD GHG thresholds were established to meet AB 32 and do not account for the emissions reductions necessary to meet the State’s 2030 GHG reduction goals under SB 32. As such, operational GHG emissions for the project were modeled within CalEEMod 2020.4.0 to estimate the long-term annual GHG emissions compared to an adjusted 2030 mass rate threshold of 660 metric tons of carbon dioxide equivalents per year. Sources of emissions may include motor vehicles and trucks, energy usage, water usage, waste generation, and area sources, such as landscaping activities and residential woodburning.

Operational GHG emissions for the project are shown in Table 4: Operational Greenhouse Gas Emissions.

Table 4: Operational Greenhouse Gas Emissions
Source Emissions
(metric tons of carbon dioxide equivalents per year)
Area 1
Energy 22
Mobile 268
Waste 14
Water 8
Subtotal 313
Amortized Construction Emissions 15
Total 328
Adjusted 2030 Mass Rate Thresholds 660
Exceed? No
Sources: Air Quality and Greenhouse Gas Impact Assessment (see Appendix B); CalEEMod 2020.4.0 As shown in Table 4 above, the project’s GHG impact would not exceed the adjusted 2030 mass rate threshold of 660 metric tons of carbon dioxide equivalents per year. As a result, the project would not generate GHG emissions, either directly or indirectly, that would have a significant impact on the environment. Therefore, the project’s impact would be less than significant.

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52 b. Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? The project would have a significant impact with respect to GHG emissions and global climate change if it would substantially conflict with the provisions of Section 15064.4(b) of the State CEQA Guidelines.

Pursuant to Appendix G of the State CEQA Guidelines, a significant GHG impact is identified if the project could conflict with applicable GHG reduction plans, policies, or regulations. The project would be subject to compliance with SB 32, CARB’s 2017 Scoping Plan, Sonoma County’s CAP, and the City’s applicable goals. SB 32 is a statewide reduction goal aimed at reducing emissions to 40 percent below 1990 levels by 2030. CARB’s 2017 Scoping Plan sets a framework for the State to meet the reduction targets of SB 32.

Consistency with the Sonoma County Climate Action Plan
Sonoma County adopted a CAP in 2016 to meet AB 32 reduction goals. The County’s CAP is aimed at reducing emissions from local governments and county-wide agencies and presents implementation measures specific to the City. Many of the measures listed in the CAP are derived from the 2030 General Plan and are not relevant to individual projects. Table 5: Project Consistency with Applicable Sonoma County CAP’s Healdsburg Reduction Measures identifies the measures applicable to the project and summarizes the project’s consistency with each measure.

Table 5: Project Consistency with Applicable Sonoma County CAP’s Healdsburg Reduction Measures
Measure Consistency Determination
Building Energy
Green Building Program: Municipal Code Chapter 15.16
requires California Green Building Code compliance above and beyond the State Building Standards when any of the following are triggered:

1. Reconstruction of residential buildings of any size— Mandatory Measures.

2. New residential construction over 3,000 square
feet—Tier 1 Residential.

3. Reconstruction of nonresidential buildings containing 5,000 square feet or more—Mandatory Measures.

4. New nonresidential construction over 10,000 square
feet—Tier 1 Nonresidential.

Consistent. The project would include over 3,000 square feet of new residential construction and would meet and exceed Tier 1 Residential standards. The project site is an infill site located near existing transit and future transit projects. The project would be an all-electric design and generate electricity on-site through solar paneling installed on the rooftop. Energyefficient design features would include building orientation to maximize exposure to winter sun and avoid summer heat,
incorporation of energy conservation features and materials that reduce energy consumption, including light-colored surface material that reflects heat.

Land Use and Transportation
Foss Creek Pathway Plan: A 4.1-mile bike path running north and south through the City. Connects to Old Redwood
Highway and Windsor.

Consistent. The City recently completed construction of the northern segment of the Foss Creek Pathway which runs near the project site on its eastern side. The project would support use of the pathway by encouraging alternative modes of
transportation including walking and bicycling; providing ample, secure bicycle parking on-site; and designing the project to have easy access to the pathway.

Land uses surrounding transit: General Plan Policy LU-F-1.

Land uses adjacent to transit facilities should derive maximum benefit from transit facilities and may include retail, office employment, and high-density residential uses.

Consistent. The project would construct 58 affordable
residential units on an infill site located near existing transit services on Healdsburg Avenue and Grove Street and the
SMART railroad tracks, which is planned for future passenger rail service.

Water and Wastewater Efficiency Resolution No. 58-2013:

Stage 1 Voluntary Water Conservation Measures. Seeks a
20 percent reduction in water consumption from 2012.

Consistent. The project would incorporate sustainable
building practices into the project design including water conservation measures. The project would comply with
California Green Building Standards Code (CALGreen)
standards which include water conservation measures.

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53 Measure Consistency Determination
Ordinance No. 1077: Water Shortage Emergency Plan. City adopts Water Conservation Measures to be implemented in times of critical shortage.

Consistent: The project would incorporate sustainable
building practices into the project design including water conservation measures. The project would comply with
CALGreen standards which include water conservation
measures.

Water Shortage Emergency Declaration Resolution No. 8-
2014: Stage 2 Mandatory Water Conservation Measures -
Requires implementation of Water Conservation Measures
identified in the Water Shortage Emergency Plan.

Consistent: The project would incorporate sustainable
building practices into the project design including water conservation measures. The project would comply with CAL Green standards which include water conservation measures.

Water Efficient Landscape Ordinance No. 1091: The
ordinance promotes the efficient design and installation of water-efficient landscapes in the City associated with new construction and substantial alterations of existing
development where landscapes are proposed.

Consistent. The project’s landscaping would include droughttolerant plant material that is native to the area.

Urban Forestry and Natural Areas
Maximize Tree Protection: General Plan Policy NR-B-3 -
New development shall be sited to maximize the protection of native tree species, riparian vegetation, important
concentrations of native plants, and important wildlife habitat.

Consistent. The project would retain 51 of the 59 trees in the project work areas, plant 43 new trees, and develop 0.41 acre of new wetlands for a total of 0.73 acre of wetlands.

Source: Air Quality and Greenhouse Gas Impact Assessment (see Appendix B) Consistency with the CARB Final 2017 Scoping Plan Update CARB issued the Final 2017 Scoping Plan Update in November 2017 and established emissions reduction strategies necessary to meet SB 32’s 2030 reduction goals. Table 6: Project Consistency with Applicable 2017 Scoping Plan Greenhouse Gas Reduction Strategies identifies the Scoping Plan policies that are applicable to the project.

Table 6: Project Consistency with Applicable 2017 Scoping Plan Greenhouse Gas Reduction Strategies
Measure Name Measure Description Consistency Determination SB 350 50 percent
Renewable Mandate
Utilities subject to the legislation will be
required to increase their renewable energy
mix from 33 percent in 2020 to 50 percent
in 2030.

Consistent. The project would purchase electricity
from the City subject to the SB 350 Renewable
Mandate. In addition, the project includes renewable
energy through rooftop solar systems on the proposed
buildings and carports.

Low Carbon Fuel
Standard
This measure requires fuel providers to
meet an 18 percent reduction in carbon
content by 2030.

Consistent. Vehicles accessing the project site would
use fuel containing lower carbon content as the fuel
standard is implemented.

Mobile Source Strategy
(Cleaner Technology
and Fuels Scenario)
Vehicle manufacturers will be required to
meet existing regulations mandated by the
LEV III and Heavy-Duty Vehicle programs.

The strategy includes a goal of having

4.2 million zero-emission vehicles on the
road by 2030 and increasing numbers of
zero-emission trucks and buses.

Consistent. Future residents are anticipated to
purchase increasing numbers of more fuel-efficient and
zero-emission cars and trucks each year. The project
would include 15 electric vehicle-ready parking spaces.

Home deliveries would be made by increasing
numbers of zero-emission delivery trucks.

Short-Lived Climate
Pollutant Reduction
Strategy
The strategy requires the reduction of shortlived climate pollutants by 40 percent from 2013 levels by 2030, and the reduction of
black carbon by 50 percent from 2013
levels by 2030.

Consistent. The project would be all-electric.

Therefore, the project would not generate black carbon
from burning.

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54 Measure Name Measure Description Consistency Determination SB 375 Sustainable
Communities Strategies
Requires Regional Transportation Plans to
include a sustainable communities’ strategy
for reduction of per-capita vehicle miles
traveled.

Consistent. The project would provide affordable
housing in a region that is consistent with the growth
projections in the applicable Regional Transportation
Plan. The project would not be within a Sustainable
Communities Strategies priority area and is not subject to requirements applicable to those areas.

Furthermore, the project site lies near existing transit services along Healdsburg Avenue and Grove Street
and the SMART right-of-way and railroad tracks where
SMART is planning future passenger rail service. The
project would also include bicycle parking to reduce
vehicle miles traveled.

Post-2020 Cap-andTrade ProgramThe Post 2020 Cap-and-Trade Program continues the existing program for another
10 years. The Cap-and-Trade Program
applies to large industrial sources such as
power plants, refineries, and cement
manufacturers.

Consistent. The post-2020 Cap-and-Trade Program
indirectly affects people who use the products and
services produced by the regulated industrial sources
when increased cost of products or services (such as
electricity and fuel) are transferred to the consumers.

The Cap-and-Trade Program covers the GHG
emissions associated with electricity consumed in
California, whether generated in-state or imported.

Accordingly, GHG emissions associated with CEQA
projects’ electricity usage are covered by the Cap- andTrade Program. The Cap-and-Trade Program also covers fuel suppliers (natural gas and propane fuel
providers and transportation fuel providers) to address emissions from such fuels and from combustion of
other fossil fuels not directly covered at large sources in the program’s first compliance period. The project is consistent with this measure by virtue of its use of
electricity from California public utilities.

Source of Measures: CARB (2017)
Source of Consistency Determination: Air Quality and Greenhouse Gas Impact Assessment (see Appendix B) Based on this evaluation, the project would be consistent with all feasible and applicable strategies recommended in the CARB’s 2017 Scoping Plan Update.

The project would construct 58 affordable residential units on an in-fill site. The project would include all-electric buildings with solar panels to generate electricity on-site. The project has been designed to include water- and energy-efficient features as well as passive solar design and native, drought tolerant landscaping. The project site is located near existing transit along Healdsburg Avenue and Grove Street and is near the SMART right-of-way and railroad tracks where SMART is planning future passenger rail service. The project would locate residents within walking distance of transit options and provide secure on-site bicycle parking. The project site is also located directly adjacent to the recently constructed Foss Creek Pathway. Finally, the project would adhere to Title 24 and the latest CBC Standards. The project would not conflict with the goals and objectives of the Sonoma County CAP, with CARB’s 2017 Scoping Plan Update, or any other State or regional plan, policy, or regulation of an agency adopted for the purpose of reducing GHG emissions.

In conclusion, the project would be consistent with all feasible and applicable strategies recommended in the Sonoma County CAP for the City. The project would not conflict with any other applicable plan, including CARB’s 2017 Scoping Plan Update. Therefore, project impacts would be considered less than significant.

2.8.4 Mitigation Measures
None required.

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55 2.9 HAZARDS AND HAZARDOUS MATERIALS
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
(a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
☐ ☐ ☒ ☐
(b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
☐ ☐ ☒ ☐
(c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within 0.25 mile of an existing or proposed school?
☐ ☐ ☒ ☐
(d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
☐ ☐ ☒ ☐
(e) For a project located within an airport land use plan or, where such a plan has not been adopted, within
2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive
noise for people residing or working in the project
area?
☐ ☐ ☐ ☒
(f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
☐ ☐ ☒ ☐
(g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury, or death involving wildland fires?
☐ ☐ ☒ ☐

2.9.1 Environmental Evaluation
A Phase I Environmental Site Assessment was prepared for the project by Harris and Lee Environmental Sciences, LLC. The following analysis incorporates the findings of this report, which has been included as Appendix F to this Initial Study.

2.9.2 Impact Analysis
a. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Please refer to analysis under Impact Question (b). Impacts would be less than significant. b. Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
As a residential development, the project would not involve the regular use, storage, transport, or disposal of significant amounts of hazardous materials. Construction of the project would involve the minor routine transport and handling of hazardous substances such as diesel fuels, lubricants, solvents, asphalt,

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56 pesticides, and fertilizers. Handling and transportation of these materials could result in the exposure of workers to hazardous materials. No hazardous materials would be used or stored on the project site, other than typical fuels and household materials used by future residents. The project would not create a significant hazard to the public or the environment because it is a residential project and project construction and operation would comply with applicable federal, state, and local laws pertaining to the safe handling and transport of hazardous materials. Therefore, impacts would be less than significant. c. Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school?
There are no schools within 0.25 mile of the project site. Healdsburg High School is the closest school and is located approximately 0.5 mile southeast of the project site. Furthermore, the project would not involve the use of significant quantities of hazardous materials. Therefore, impacts would be less than significant.
d. Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The project site is not included on a list of hazardous materials sites and is residential in nature and would not create a significant hazard to the public or to the environment. Within a 1-mile radius of the project site, there are several properties with open and active environmental conditions. However, given the intervening distance, locations relative to site topography and groundwater flow direction, and the status of the listed sites (e.g., closed, contamination characterized, contamination under remediation), there are no sites that constitute a Recognized Environmental Condition for the project site. Therefore, development of the project site would not create a significant hazard to the public or the environment.

Impacts would be less than significant.
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
The project site is not within an airport land use plan. The closest airport, Healdsburg Municipal Airport, is approximately 2 miles southeast of the project site. This intervening distance limits the potential for the project to create safety hazards or excessive noise for persons residing or working in the project area.

Therefore, no impacts would occur.
f. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
U.S. 101 and Healdsburg Avenue are the primary north–south roadways in the City. Dry Creek Road, between Healdsburg Avenue and U.S. 101, is an arterial street that provides a main entry into the City from U.S. 101.43 U.S. 101, Healdsburg Avenue, and Dry Creek Road are used for emergency response 43 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Aesthetics.

Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/682/Aesthetics-without-Graphics-PDF. Accessed May 2022.

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57 and identified as evacuation travel route options.44 The project does not propose modifications to U.S. 101, Dry Creek Road, or Healdsburg Avenue that would impair or interfere with emergency response or evacuation (permanent road closures, lane narrowing, etc.). The project proposes modifications to Dry Creek Road to add a westbound through lane, sidewalk, landscaping, and other associated streetscape improvement that would temporarily redirect traffic during project construction.

Given the short duration of construction as well as the City’s traffic control requirements which require at least 72 hours advance notice of any lane closures or detours (Municipal Code Section 12.12.150), construction of the proposed modifications would not be expected to impair implementation of or physically interfere with the City’s Local Hazard Mitigation Plan,45 designated Evacuation Zones,46 Guide to Emergency Preparedness,
47 or another adopted emergency response plan or emergency evacuation plan. The project would be designed to meet the requirements of the Healdsburg Fire Department for emergency access and would meet current standards for fire flow.48 Therefore, the project would not result in a significant impact related to emergency response or evacuation and impacts would be less than significant.
g. Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? Please refer Section 2.20 Wildfire, for further information and analysis related to wildland fires. Impacts would be less than significant.

2.9.3 Mitigation Measures
None required.
44 City of Healdsburg. 2019. Guide to Emergency Preparedness. Available at:
https://ci.healdsburg.ca.us/DocumentCenter/View/9753/Emergency-Preparedness-Brochure-2019-English-and-Spanish.

Accessed May 2022.
45 City of Healdsburg. 2018. Local Hazard Mitigation Plan. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/8644/2018-Healdsburg-LHMP_Public-Review-Draft. Accessed May 2022.
46 City of Healdsburg. 2022. Emergency Services. Available at: https://ci.healdsburg.ca.us/460/Emergency-Services. Accessed May 2022.
47 City of Healdsburg. 2019. Guide to Emergency Preparedness. Available at:
https://ci.healdsburg.ca.us/DocumentCenter/View/9753/Emergency-Preparedness-Brochure-2019-English-and-Spanish.

Accessed May 2022.
48 Burbank Housing. 2022. Major Design Review Application Resubmittal Package for 155 Dry Creek Road. pp 3-5.

April 12, 2022.

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58 2.10 HYDROLOGY AND WATER QUALITY
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
(a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface water or groundwater quality?
☐ ☐ ☒ ☐
(b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
☐ ☐ ☒ ☐
(c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
(i) Result in substantial erosion or siltation on- or
off-site;
☐ ☐ ☒ ☐
(ii) Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or off-site;
☐ ☐ ☒ ☐
(iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff;
or
☐ ☐ ☒ ☐
(iv) Impede or redirect flood flows? ☐ ☐ ☒ ☐
(d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
☐ ☐ ☒ ☐
(e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater
management plan?
☐ ☐ ☒ ☐

2.10.1 Environmental Evaluation
A Hydrology and Hydraulic Analysis and Preliminary Storm Water Low Impact Development Plan were prepared for the project by BKF Engineers. The following analysis incorporates the findings of these reports, which have been included as Appendix G-1 and Appendix G-2, respectively, to this Initial Study.

2.10.2 Environmental Setting
The project site slopes west toward Foss Creek and consists of multiple small areas that experience sheet flow and collect to discharge areas along Foss Creek. A majority of the drainage sheet flows across the project site and concentrates at the southwest corner. One of these small areas in the northeast portion of the project site has a 24-inch-wide culvert coming from an off-site source located along the east side of the SMART railway tracks. This larger tributary area is made up of multiple cover types, including asphalt paving, gravel, and a sports field, and is approximately 15.6 acres with an average slope of

1.5 percent. The sheet flow from the larger tributary area is directed to the culvert which discharges to the project site and flows through the 0.04-acre portion of the on-site wetlands into Foss Creek. A small area along the south edge collects in an area drain which is connected to the City’s storm drainage system. It discharges farther downstream into Foss Creek under the nearby bridge.

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59 The project would permanently develop 1.75 acres of the 3.7-acre site, which includes the 3.53-acre parcel and the 0.17-acre off-site improvement area along Dry Creek Road. The project would construct

0.41 acre of new wetlands (for a total of 0.73 acre of wetlands) to offset the loss of 0.25 acre of wetlands.

The total permanent and temporary disturbance would be 2.37 acres. After project completion, the new impervious surface area would be approximately 67,078 square feet and new pervious surfaces would total approximately 36,241 square feet. There would be approximately 3,350 square feet of bioretention basins for water quality management. The project would also include approximately 1,000 linear feet of piping for sewer, water, and electricity and approximately 9,000 square feet of landscaping.

2.10.3 Impact Analysis
a. Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface water or groundwater quality?
The Clean Water Act has nationally regulated the discharge of pollutants to the waters of the U.S. from any point source since 1972. In 1999, the California RWQCB adopted a Construction General Permit, and an NPDES permit that implements Clean Water Act Section 402(p)(2)(B). Construction activities are regulated by the RWQCB and are subject to the permitting requirements of the Construction General Permit. The RWQCB established the General Construction Permit program to reduce surface water impacts from construction activities. The General Construction Permit requires the preparation and implementation of a SWPPP for construction activities. Erosion and Sediment Control Plans and SWPPPs are regulated by Municipal Code Section 17.36, Grading and Erosion Control.

Construction of the project would require grading and other construction activities, which could allow surface water to carry sediment from on-site erosion and small quantities of pollutants to the west into Foss Creek, potentially affecting the local waterway by degrading water quality. Given that the project is anticipated to disturb more than one acre with construction, the project would prepare a SWPPP, which would include a description of appropriate BMPs to minimize the discharge of pollutants from the project site. Construction-related erosion control and water quality BMPs identified in the SWPPP generally include soil stabilization techniques such as: hydroseeding and short-term biodegradable erosion control blankets; silt fences or other inlet protection at downstream storm drain inlets; post-construction inspection of all drainage facilities for accumulated sediment; and post-construction clearing of all drainage facilities of debris and sediment. The SWPPP would include an Erosion and Sediment Control Plan with temporary stormwater BMPs required during different phases of construction. These standards are specifically designed to maintain potential water quality grading impacts at a less-than-significant level post-construction. Therefore, impacts related to water quality standards or waste discharge requirements would be less than significant.
b. Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
The City is partially located in the North Coast Hydrologic Region, at the north end of the Santa Rosa Valley Groundwater Basin, and partially in the long and very narrow Healdsburg Area Subbasin No. 1 55.02 as identified in California Department of Water Resources Bulletin 118.49 The Healdsburg Area subbasin includes the floodplain of the Russian River, where the City diverts potable water from wells along the Russian River and Dry Creek. Many smaller communities rely on the local surface water 49 City of Healdsburg Utility Department. 2021. 2020 Urban Water Management Plan Update. Available at:
https://ci.healdsburg.ca.us/DocumentCenter/View/13549/2020-Urban-Water-Management-Plan---Final?bidId=. Accessed May 2022.

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60 and groundwater systems in the North Coast Region. However, the City’s water sources are solely from surface waters and do not use groundwater basins or aquifers.50 The project’s stormwater drainage system design encourages overland infiltration and directs runoff to bioretention basins. The project would be consistent with the type and intensity of development anticipated for the project site in the 2030 General Plan and Urban Water Management Plan; therefore, the project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge. Impacts would be less than significant. c. Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or off-site? ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?
iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
iv. Impede or redirect flood flows?
Foss Creek runs along the western boundary of the project site. However, no construction activities or direct impacts would occur in the creek or within the 35-foot-wide riparian setback.

Given the elevation change, topography, and location, the project site would be impacted by surface runoff. Surface runoff typically sheet flows over the ground surface but can be concentrated by the planned site grading, landscaping, and drainage. The surface runoff can pond against structures and cause deeper than normal soil heave and/or seep into the slab rock. Therefore, the project would redirect surface runoff away from structures into the proposed storm drain system and encourage overland infiltration.

After construction of the project, the drainage conditions would generally match the existing conditions on the project site. The drainage system for the project was developed using the design criteria of Sonoma County Water Agency’s Flood Management Design Manual (2020) and would be regulated by Municipal Code Chapter 13.28, Urban Storm Water Quality Management and Discharge Controls (see Appendix G-1). The project site’s hardscape improvements would be along the east side of the project site nearest the SMART railroad tracks. The proposed wetland would be developed between the new hardscapes and the limit of the 35-foot-wide Foss Creek riparian corridor. Hardscape drainage would be collected in drain inlets and discharged to the project’s bioretention basins at the northeast and southwest portions of site, in accordance with the MS4 permit and the Stormwater Low Impact Development design manual. An overflow drain inlet would connect into the existing storm drain system and discharge into Foss Creek. If the bioretention basins reach their saturation capacity in high flood storm events, excess water flow would be conveyed into the existing and proposed wetlands area. The proposed wetlands would be designed to retain a certain flow/volume level from high-frequency storm events in order to maintain infiltration and an approximate continuous saturation of the native and design soils.

Therefore, the project would not create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted 50 Ibid.

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61 runoff. The project would also not substantially alter the existing drainage pattern of the project site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on-site or off-site or substantially increase the rate or amount of surface runoff in a manner that would result in flooding. As a result, impacts would be less than significant. d. Would the project, in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
The project site is split between two Flood Insurance Rate Map (FIRM) Panels numbered 344 and 363 of 1106 (Map Number 06097C0344E and 06097C363E, respectively).51 The published FIRM indicates the majority of the project site is designated within Zone AE, which is an area determined to be within the 1 percent Special Flood Hazard Area where the base flood elevation has been determined.

This corresponds with the 100-year storm event. The Federal Emergency Management Agency (FEMA) established approximate flood surface elevation for the project site which ranges from 129.4 feet to 133.8 feet amsl along Foss Creek.

Foss Creek is also designated as a Regulatory Floodway. The project would comply with Municipal Code Section 20.24.090, Riparian Setback Standards, and would be located outside the 35-foot setback from Foss Creek. In addition, the project would comply with all standards and provisions for flood hazard reduction outlined in Municipal Code Chapter 17.28, Floodplain Management Regulations, including construction of the project at least 1 foot above the base flood elevation.

The project is located inland and is not within an area that has the potential for seiche or tsunamis to occur. Therefore, impacts related to flood hazard, tsunami, or seiche zones would be less than significant. e. Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
The California Department of Water Resources has classified the Healdsburg Area Subbasin as a Very Low Priority basin under the Sustainable Groundwater Management Act. As the Healdsburg Area Subbasin is a very low priority groundwater basin/subbasin, the California Department of Water Resources does not require the formation of a Groundwater Sustainability Agency or development of a Groundwater Sustainability Plan.52
The project is subject to the NPDES General Construction Permit and Municipal Code Chapter 13.28, Urban Storm Water Quality Management and Discharge Controls, which include performance standards and BMPs for pre-construction, construction, and post-construction to prevent and/or minimize the discharge of pollutants, including sediment, from the project site. No conflicts with a water quality control plan or sustainable groundwater management would occur as a result of the project. Therefore, impacts would be less than significant.

2.10.4 Mitigation Measures
None required.
51 Federal Emergency Management Agency (FEMA). 2008. National Flood Hazard Layer Viewer. Available at: https://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html. Accessed May 2022. 52 Santa Rosa Plan Groundwater Sustainability Agency. 2022. Groundwater Sustainability Plan. Available at:
https://santarosaplaingroundwater.org/gsp/. Accessed May 2022.

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62 2.11 LAND USE AND PLANNING
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
(a) Physically divide an established community? ☐ ☐ ☐ ☒ (b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
☐ ☐ ☒ ☐

2.11.1 Impact Analysis
a. Would the project physically divide an established community? Construction of the proposed residential buildings would not physically divide the existing community.

The project would create 58 new residential dwelling units in two multi-story buildings designed to be consistent with the surrounding commercial, industrial, and residential uses. Vehicle access into the project site would be provided from a private driveway off Dry Creek Road. Street improvements would be constructed along the Dry Creek Road frontage, closing an existing gap in the public sidewalk system in the project’s immediate vicinity. Therefore, the project would not physically divide an established community and there would be no impact as a result of the project. b. Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
As reflected in the 2030 General Plan, the project site is designated MU with an allowed density of 10 to 16 units per acre.53 Stand-alone residential development is allowed under the MU designation provided it does not undermine the overall purpose and character of the designation.54 The MU designation allows for a maximum of 57 units; therefore, the project requests a State Density Bonus to allow for one additional unit, for a total of 58 units. This represents an increase from 16 dwelling units per acre allowed under the MU designation to 17.4 dwelling units per acre.

The project site is also zoned MU. Per Municipal Code Section 20.08.155, multifamily dwellings not a part of a mixed-use development are a use allowed by right in the district. Municipal Code Section 20.28.105 states that residential projects with two or more residential units per site which involve the development of vacant land with site and building improvements require Major Design Review, subject to the approval of the Planning Commission at a public hearing. Therefore, the project would undergo Major Design Review.

Per Municipal Code Section 20.08.170, the maximum height allowed in the MU Zoning District is 50 feet. However, as the project site is located adjacent to another parcel zoned MU which allows multifamily dwellings by right, the maximum height allowed on the project site is 40 feet. To maximize 53 City of Healdsburg. 2009. Healdsburg 2030 General Plan Land Use Map. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/635/General-Plan-Land-Use-Map-PDF. Accessed May 2022. 54 City of Healdsburg. 2015. Healdsburg 2030 General Plan Policy Document. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/634/General-Plan-Policy-Document-PDF. Accessed May 2022.

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63 the density on the project site while also minimizing the impact to existing wetlands, the project proposes a more compact footprint with two four-story buildings with a roof ridge and parapet maximum height of 47 feet (and a maximum height of 56 feet for the stairwells). As provided for by State Density Bonus Law, the project requests a height waiver of 7 to 10 feet to allow for the increased height, to maximize the density on the project site, and to minimize the impact to the existing wetlands. As noted below, strict adherence to the project site’s maximum height limits, while minimizing the impacts to the existing wetlands, would physically preclude the development of 58 affordable housing units and would result in a loss of affordable housing units.

The project would meet and exceed the parking requirements of the State Density Bonus Law. However, Municipal Code Section 20.16.150 requires one parking space per unit to be located in a garage or carport. The project site is physically precluded from meeting the City’s covered parking requirements due to the existence of a 20-foot-wide easement associated with the Geysers wastewater pipeline that runs the entire length of the eastern property line. Therefore, the project requests a covered parking waiver to provide uncovered parking spaces not located in a garage or carport.

Per Municipal Code Section 20.08.175, Residential Development Standards, a minimum of 200 square feet of usable open space shall be provided per dwelling unit. Given the project’s proximity to the Foss Creek Pathway, Healdsburg Community Center and Carson Warner Memorial Skatepark, as well as the provision of ample indoor and outdoor common open space, the project requests a reduction to the usable outdoor open space requirement from the required 11,600 square feet to 10,225 square feet. Without these waivers, the project would be physically precluded from providing 58 units of affordable housing as an approximately 18,262 additional square feet of building footprint and an approximately 1,375 additional square feet of outdoor open space would be needed, which would result in additional impacts to wetlands and additional area for mitigation which could not be accommodated on-site. Without the addition of a fourth story to the project, the project would be physically precluded from developing the density proposed and would result in a loss of approximately 16 affordable housing units. Furthermore, the provision of additional outdoor space and the requirement to provide covered parking would also result in the loss of additional units.

Given the project’s status as a 100 percent affordable housing project subject to State Density Bonus Law, the project is entitled to incentives, concessions, and waivers that provide relief from development standards. Therefore, with the inclusion of the proposed incentives and waivers the project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. As a result, impacts would be less than significant.

2.11.2 Mitigation Measures
None required.

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64 2.12 MINERAL RESOURCES
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
(a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
☐ ☐ ☐ ☒
(b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local
general plan, specific plan, or other land use plan?
☐ ☐ ☐ ☒

2.12.1 Impact Analysis
a. Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Please refer to analysis under Impact Question (b). No impacts would occur. b. Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?
The project is zoned MU and is not located within an area designated by the CDOC as a Mineral Resource Zone-2, which indicates the existence of a deposit that meets certain criteria for value and marketability.55 Mineral Resource Zone-2 is located in the southeastern area of the City primarily along the banks of the Russian River. The portion of the Russian River within the vicinity of the City has been mined extensively for sand and gravel resources. However, the project site is not within the vicinity of the Russian River. Neither the project site nor the surrounding area is identified as an area containing mineral deposits of local, statewide, or regional significance. Therefore, no impacts to mineral resources of local, regional, or statewide significance or a locally important mineral resource recovery site would occur.

2.12.2 Mitigation Measures
None required.
55 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Mineral Resources and Figure IV.K-1. Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/675/Mineral-ResourcesPDF and https://healdsburg.gov/DocumentCenter/View/716/IVK-1-Mineral-Resource-Zone-PDF. Accessed May 2022.

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65 2.13 NOISE
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project result in:
(a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?
☐ ☐ ☒ ☐
(b) Generation of excessive groundborne vibration or
groundborne noise levels?
☐ ☐ ☒ ☐
(c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a
plan has not been adopted, within 2 miles of a public
airport or public use airport, would the project expose people residing or working in the project area to
excessive noise levels?
☐ ☐ ☐ ☒

2.13.1 Environmental Evaluation
A Noise Assessment: Dry Creek Commons Development Project was prepared for the project by Stantec Consulting Services, Inc. The following analysis incorporates the findings of this report, which has been included as Appendix H to this Initial Study.

2.13.2 Environmental Setting

2.13.2.1 NOISE FUNDAMENTALS AND TERMINOLOGY
Noise is generally defined as unwanted sound that annoys or disturbs people and potentially causes an adverse psychological or physiological effect on human health. Because noise can interfere with human activities, evaluation of noise is necessary when considering the environmental impacts of a proposed project.

Sound is mechanical energy (vibration) transmitted by pressure waves over a medium such as air or water. Sound is characterized by various parameters that include the rate of oscillation of sound waves (frequency), the speed of propagation, and the pressure level or energy content (amplitude). Sound pressure level is the most common descriptor used to characterize the loudness of an existing sound level.

Although the decibel (dB) scale, a logarithmic scale, is used to quantify sound intensity, it does not accurately describe how sound intensity is perceived by human hearing. The perceived loudness of sound is dependent upon many factors, including sound pressure level and frequency content. The human ear is not equally sensitive to all frequencies in the entire spectrum, so noise measurements are weighted more heavily for frequencies to which humans are sensitive in a process called A-weighting, written as dB(A) and referred to as A-weighted decibels. There is a strong correlation between A-weighted sound levels and community response to noise. For this reason, the A-weighted sound level has become the standard tool of environmental noise assessment.

Different types of measurements are used to characterize the time-varying nature of sound. These measurements include the equivalent sound level (Leq), the minimum and maximum sound levels (Lmin and Lmax), percentile-exceeded sound levels (such as L10, L20), the day-night sound level (Ldn), and the

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66 community noise equivalent level (CNEL). Ldn and CNEL values often differ by less than 1 dB. As a matter of practice, Ldn and CNEL values are considered to be equivalent.

With respect to how humans perceive and react to changes in noise levels, a 1 dB(A) increase is imperceptible, a 3 dB(A) increase is barely perceptible, a 5 dB(A) increase is clearly noticeable, and a 10 dB(A) increase is subjectively perceived as approximately twice as loud. These subjective reactions to changes in noise levels were developed on the basis of test subjects’ reactions to changes in the levels of steady-state pure tones or broadband noise and to changes in levels of a given noise source. These statistical indicators are thought to be most applicable to noise levels in the range of 50 to 70 dB(A), as this is the usual range of voice and interior noise levels. A number of agencies and municipalities have developed or adopted noise level standards, consistent with these and other similar studies, to help prevent annoyance and to protect against the degradation of the existing noise environment.

For a point source such as a stationary compressor or construction equipment, sound attenuates based on geometry at a rate of 6 dB per doubling of distance. For a line source such as free-flowing traffic on a freeway, sound attenuates at a rate of 3 dB per doubling of distance. Atmospheric conditions including wind, temperature gradients, and humidity can change how sound propagates over distance and can affect the level of sound received at a given location. The degree to which the ground surface absorbs acoustical energy also affects sound propagation. Sound that travels over an acoustically absorptive surface, such as grass, attenuates at a slightly greater rate than sound that travels over a hard surface, such as pavement.

The increased attenuation is typically in the range of 1–2 dB per doubling of distance. Barriers, such as buildings and topography that block the line of sight between a source and receiver, also increase the attenuation of sound over distance.

2.13.2.2 VIBRATION
Vibration is like noise in that noise involves a source, a transmission path, and a receiver. While related to noise, vibration differs in that noise is generally considered to be pressure waves transmitted through air, whereas vibration usually consists of the excitation of a structure or surface. As with noise, vibration consists of an amplitude and frequency. A person’s perception to vibration depends on their individual sensitivity to vibration, as well as the amplitude and frequency of the source and the response of the system that is vibrating.

Vibration can be measured in terms of acceleration, velocity, or displacement. A common practice is to monitor vibration in terms of peak particle velocity in inches per second (in/sec PPV). Standards pertaining to perception as well as damage to structures have been developed for vibration levels defined in terms of in/sec PPV.

Human and structural response to different vibration levels is influenced by a number of factors, including ground type, distance between source and receptor, duration, and the number of perceived vibration events. The general threshold at which human annoyance could occur is 0.1 PPV for continuous/frequent sources and the threshold for damage to typical residential and commercial structures ranges from 0.3 to

0.5 PPV for continuous/frequent sources.

Operation of heavy construction equipment, particularly pile driving, and other impact devices, such as pavement breakers, create seismic waves that radiate along the surface of the ground and downward into the earth. These surface waves can be felt as ground vibration. Vibration from the operation of this equipment can result in effects ranging from annoyance of people to damage of structures. Varying geology and distance will result in different vibration levels containing different frequencies and displacements. In all cases, vibration amplitudes will decrease with increasing distance. Perceptible groundborne vibration is generally limited to areas within a few hundred feet of construction activities.

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67 2.13.2.3 SENSITIVE RECEPTORS
Some land uses are more tolerant of noise than others. For example, schools, hospitals, churches, and residences are considered to be more sensitive to noise intrusion than commercial or industrial facilities.

Ambient noise levels can also affect the perceived desirability or livability of a development.

The project site is surrounded by a mix of land uses, including commercial buildings to the west and northwest along Grove Street, and to the east across the SMART railroad tracks. The nearest residences are located on the same site as Plank Coffee along Grove Street, approximately 63 feet west of the project site and the Foss Creek corridor, and the closest multifamily residential building is the Citrine Apartments building at 1260 Grove Street, approximately 360 south of the project site along Grove Street south of Dry Creek Road. The closest single-family residential neighborhood to the project site is approximately 800 feet to the east along March Avenue across Healdsburg Avenue. For purposes of the noise analysis hotel uses are also considered noise-sensitive receptors. The Hotel Trio and Hotel Vinea across Dry Creek Road to the south are approximately 127 feet from the southern property line of the project site.

2.13.3 Impact Analysis
a. Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
The project site is within the City limits and is designated as MU. The existing ambient noise environment was documented through a noise survey. The primary noise source in the project vicinity is traffic along Dry Creek Road. Measured average ambient noise levels at the project site range from

55.2 dB(A) on the northeast portion of the project site to 66.3 dB(A) on the northeast portion of the project site. The 2030 General Plan Update EIR indicates that future noise levels along Dry Creek Road would range from 64 db(A) to 70 dB(A).56 Additionally, due to the presence of the SMART rail line and planned service, an average ambient noise level of 68.8 dB(A) was assumed for the project site. Noise levels in the project area would be influenced by construction activities and from the operation of the proposed project.

The City established Land Use Compatibility for Community Noise Environments for residential and non-residential land uses in the 2030 General Plan Safety Element (Figure 10). According to the City’s land use compatibility standards, environments with noise levels up to 65 dB(A) are considered normally acceptable. Environments with noise levels between 60 dB(A) and 70 dB(A) are considered conditionally acceptable for the multifamily residential land use development, provided new construction or development is undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features are included in the design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning, normally suffice.

New development must be generally consistent with the Land Use Compatibility for Community Noise Environments guidelines contained in the Safety Element and must adhere to the City’s ordinance regulating excessive noise. The City requires noise studies and field measurements for new development that would place a noise-sensitive land use near an existing or potentially intrusive noise source, such as a freeway, arterial street, or railroad. The City also requires the inclusion of design techniques in new construction that minimize noise impacts, including building location and orientation, building design 56 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Figure IV.L2. Available at: https://healdsburg.gov/DocumentCenter/View/718/IVL-2-Future-Noise-Contours-PDF. Accessed June 2022.

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68 features, and placement of noise-tolerant components (parking, utility areas, and maintenance facilities) between noise sources and the sensitive receptor areas where necessary to meet the Land Use Compatibility for Community Noise Environments standards.

The City has also established noise performance standards to control excessive noise in the community.

The applicable standards for these activities are specified in Municipal Code Section 9.32, Noise. For example, the City has adopted sound level standards that prohibit industrial-zoned properties from creating excessive noise levels in excess of 65 dB(A) for daytime exterior sound and 55 dB(A) for nighttime exterior sound level as measured at any adjacent residential-zoned property. However, noise and vibration created by construction, repair, remodeling, or grading of any real property are exempt from the noise performance standards of the Municipal Code, provided these activities created do not endanger the public health, welfare, and safety and activities occur between the nighttime hours of 6:00 p.m. and 7:30 a.m. daily, or at any time on Sunday or a legal holiday. Nothing in Municipal Code Chapter 9 shall be interpreted to prohibit construction activities that do not exceed the ambient noise level by more than 10 dB(A), such as painting or interior work. Noise produced by railroad vehicles and noise produced by delivery vehicles regulated by the California Public Utilities Commission and associated loading and unloading of merchandise are also exempt from the provisions of the noise municipal codes.

Construction Noise
The project’s construction activities are expected to occur over a period of approximately 12 to 18 months. Construction truck and construction worker vehicle access to the project site would be provided along Dry Creek Road at the location of the proposed driveway. Construction staging would occur along the eastern portion of the project site where the parking lot is proposed. Two types of shortterm noise impacts could occur during project construction.

The first type of noise is from construction crew vehicular commutes. Construction crew commutes would incrementally increase noise levels on access roads leading to the project site. The construction of the project would involve an estimated peak of 29 construction worker vehicles and six vendor vehicles per day (35 vehicles total) traveling to and from the project site. Assuming a worst-case of all worker vehicles entering or exiting the project site at the same time, 35 vehicles would be added to the peak-hour traffic volume on Dry Creek Road. Adding 35 vehicles to the existing traffic on Dry Creek Road would represent a 3.2 percent increase in traffic volumes, which would equate to a 0.128 dB(A) increase in noise, which would not be a perceptible increase (3 dB(A)) in traffic noise. Thus, the short-term construction worker-related traffic increases would result in a less-than-significant noise-related impact.

The second type of noise generated during project construction would be from the on-site construction activity. Construction activities would include demolition, site preparation, grading, building construction, paving, and architectural coating. Each construction stage has its own mix of equipment, and consequently, its own noise characteristics. The various construction operations would change the character of the noise generated at the project site and, therefore, the noise level as construction progresses. The loudest stages of project construction include the demolition and grading stages, as the noisiest construction equipment is typically earthmoving and grading equipment.

Project construction would be conducted in six stages and each stage would use different construction equipment. Table 7: Summary of Federal Highway Administration Roadway Construction Noise Model lists the types of construction equipment and the maximum and average operational noise level as measured at 127 feet from the operating equipment. The 127-foot distance represents the approximate distance between the project and the closest noise-sensitive receptor at the Hotel Trio . The 127-foot distance also represents the approximate distance between the residences to the west near Plank Coffee and the proposed work areas east of the 35-foot-wide Foss Creek riparian corridor which would be located between 110 feet and 200 feet to the east.

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69 Table 7: Summary of Federal Highway Administration Roadway Construction Noise Model Construction Equipment Source at the
Distance to Sound Level at Receptor
Nearest Sensitive
Receptor (feet) Lmax, dB(A)
Acoustical Use
Factor (%) Leq, dB(A)
Backhoe 127 69.5 40 65.5
Concrete saw 127 81.5 20 74.5
Crane, tower crane 127 72.5 16 64.5
Concrete mixer truck 127 70.7 40 66.7
Compressor (air) 127 69.6 40 65.6
Dozer 127 73.6 40 69.6
Forklift (Gradall) 127 75.3 40 71.3
Front-end loader 127 71.0 40 67.0
Generator 127 72.5 50 69.5
Grader 127 76.9 40 72.9
Haul truck 127 68.4 40 64.4
Paver / paving equipment 127 69.1 50 66.1
Roller 127 71.9 20 64.9
Scraper 127 75.5 40 71.5
Tractor 127 75.9 40 71.9
Welder 127 65.9 40 61.9
Sources: Noise Assessment: Dry Creek Commons Development Project (see Appendix H); Federal Highway Administration Roadway Construction Noise Model v1.1 (2008)
A worst-case condition for construction activity would assume all noise-generating equipment were operating at the same time and at the same distance from the closest noise-sensitive receptor. Using this assumption, the Roadway Construction Noise Model program calculated the following combined Leq and Lmax noise levels from each stage of project construction (see Table 8: Calculated Noise Level from Each Construction Stage).

Table 8: Calculated Noise Level from Each Construction Stage Construction Phase
Distance to Closest
Noise Sensitive Receptors (feet) Calculated Lmax, dB(A) Calculated Leq, dB(A) Demolition 63 feet west and 127 feet south 89.6 and 83.5 84.0 and 77.9 Site preparation 63 feet west and 127 feet south 87.0 and 80.9 83.0 and 76.9 Grading 63 feet west and 127 feet south 88.1 and 82.0 84.1 and 78.0 Building construction 63 feet west and 127 feet south 88.0 and 81.9 83.8 and 77.7 Paving 63 feet west and 127 feet south 86.0 and 79.9 81.5 and 75.4 Architectural coating 63 feet west and 127 feet south 75.7 and 69.6 71.7 and 65.6 Source: Noise Assessment: Dry Creek Commons Development Project (see Appendix H) At this distance, worst-case construction noise levels during the loudest phase of construction could range up to approximately 78 dB(A) at the hotels and up to approximately 84.1 dB(A) at the residences to the west near Grove Street if multiple pieces of heavy construction equipment were operated simultaneously at the nearest construction footprint area.

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70 Although noise levels from project construction could fall into the “Unacceptable” range above 70 dB(A), as defined by Policy S-G-1 of the 2030 General Plan, increases in noise levels from construction activities would be temporary.
57 Construction activities would be limited to the restrictions set by Policy S-25 of the 2030 General Plan and Paragraph 9.32.080.A of the Municipal Code.

Policy S-25 states the following:

Where construction occurs that would result in a potentially significant impact on noise- sensitive uses, require use of noise-reducing measures that may include the following:
• Equip internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and are appropriate for the equipment. • Locate stationary noise-generating equipment as far as possible from sensitive receptors in the vicinity.
• Utilize “quiet” air compressors and other stationary noise sources where technology exists. • Erect temporary noise control blanket barriers in a manner to shield noise sensitive uses. • Control noise levels from workers’ amplified music so that sounds are not audible to sensitive receptors in the vicinity.
• Designate a “disturbance coordinator” responsible for responding to complaints about project construction noise and taking reasonable measures to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in any notice sent to neighbors regarding the construction schedule.

Municipal Code Paragraph 9.32.080.A states the following:

Noise sources associated with, or vibration created by construction, repair, remodeling, or grading of any real property or during authorized seismic surveys are permitted, provided such activities do not take place between the nighttime hours of 6:00 p.m. and 7:30 a.m. daily, or at any time on Sunday or a legal holiday, and provided the noise level created by such activities and any vibration created does not endanger the public health, welfare, and safety.

In conclusion, construction noise would be short-term, temporary, and intermittent. Furthermore, construction activity would comply with all of the City’s construction hours and noise standards contained in both the Municipal Code and the 2030 General Plan and as a result, impacts would be less than significant.

Long-Term Operational Impacts
The primary sources of project-related operational noise would be project-related traffic as well as project-related stationary noise sources, such as parking lot activities and new mechanical ventilation equipment. Other noise sources of concern in the project vicinity that could affect the proposed noisesensitive land use is the potential future activity on the SMART rail line to the east of the project site. A significant impact would occur if the project would be exposed to noise levels in excess of the City’s normally acceptable standard of 65 dB(A) for new noise-sensitive land use development, or if the project would result in noise level increases that could cause the noise levels at adjacent noise-sensitive land uses to be exposed to noise levels above normally acceptable standards. 57 City of Healdsburg. 2015. Healdsburg 2030 General Plan Policy Document. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/634/General-Plan-Policy-Document-PDF. Accessed May 2022.

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71 Exterior Traffic Noise
Traffic noise depends primarily on vehicle speed (tire noise increases with speed), proportion of medium and large truck traffic (trucks generate engine, exhaust, and wind noise in addition to tire noise), and number of speed control devices, such as traffic lights and stop signs (accelerating and decelerating vehicles and trucks can generate more noise).

Changes in traffic volumes can also have an impact on overall traffic noise levels. For example, it takes 25 percent more traffic volume to produce an increase of only 1 dB(A) in the ambient noise level. For roads already heavy with traffic volume, an increase in traffic numbers could even reduce noise because the heavier volumes could slow down the average speed of the vehicles. A doubling of traffic volume results in a 3 dB(A) increase in noise levels.

To describe future noise levels due to project-generated traffic, a.m. and p.m. peak hour existing and existing plus project traffic volumes and traffic distribution patterns were used to determine the percentage increase of traffic on the roads adjacent to the project site and nearby sensitive receptors. The project would generate an average of 263 trips per weekday, including 21 a.m. peak hour trips and 23 p.m. peak hour trips (see Appendix I). These new trips represent the increase in traffic associated with the project compared to existing volumes.

Table 9: Traffic Peak Hour Volumes and Estimated Noise Increase shows the peak hour volumes associated with traffic on the local roadway network under the existing and existing plus project traffic conditions. The last columns in the table show the overall percentage change and the estimated difference in peak-hour noise level in dB(A).

The project would be expected to minimally increase traffic volumes along Dry Creek Road and the surrounding roadways. As a result, project-generated traffic would produce an imperceptible change in traffic noise levels over the baseline conditions at the neighboring sensitive receptors. Therefore, traffic noise impacts of the proposed project would be a less than significant, and no mitigation would be required.

Table 9: Traffic Peak Hour Volumes and Estimated Noise Increase Roadway Intersection
Existing Peak-Hour
Traffic Volumes
Existing Peak-Hour
Traffic Volumes with
Project
Percentage
Change
Estimated
dB(A) Change
U.S. 101 South and Dry Creek Road 1,094 (1,290) 1,098 (1,296) 0.37% (0.47%) 0.015 (0.019) U.S. 101 North and Dry Creek Road 1,669 (1,763) 1,676 (1,778) 0.42% (0.85%) 0.017 (0.034) Grove Street and Dry Creek Road 1,728 (1,977) 1,737 (1,995) 0.52% (0.91%) 0.021 (0.036) Healdsburg Avenue and Dry Creek Road
– March Avenue
1,705 (1,949) 1,707 (1,953) 0.12% (0.21%) 0.005 (0.008) Source: Noise Assessment: Dry Creek Commons Development Project (see Appendix H).

Note: Numbers in parenthesis are p.m. peak-hour traffic volumes; numbers not in parenthesis are a.m. peak-hour traffic volumes.

Exterior Rail Noise
The SMART rail line is located to the east of the project site. Although there is currently no active use of this rail line, it is planned for future commuter use. As described above, the ambient noise level with future train service would be expected to average 68.8 dB(A) Ldn, assuming a direct line of sight, at approximately 100 feet from the centerline of the railroad. The loudest one-second noise level recorded from one train pass-by was 69.6 dB(A). The average noise level generated by a 2 minute, 28 second train

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72 pass by was 60.1 dB(A). The nearest proposed façade is the east elevation of Building 2, which would be located approximately 100 feet from the centerline of the rail line.

Assuming as a worst case that the residences and the occupied non-residential spaces within the multifamily buildings could be exposed to a one-hour maximum noise level of 69.6 dB(A) Leq and average day-night noise levels of up to 68.8 dB(A) Ldn from future railroad activity; these noise levels would be considered “conditionally acceptable” for new multifamily residential land use development. According to the City’s policies, new development may occur under these conditions provided needed noise insulation features are included in the design to maintain normally acceptable interior noise levels, typically defined to be 45 dB(A) Ldn, for areas where sleeping would occur.

Interior Noise

RESIDENTIAL UNITS
The CBC states the interior noise levels attributable to exterior sources shall not exceed 45 dB(A) Ldn in any habitable room within multifamily residential units. The needed sound isolation requirements of a building’s exterior façade are dependent on:
• the dimension of the rooms with exterior windows;
• the finishes within the rooms;
• the ratio of clear glass to solid wall in the exterior wall assembly; and • the exterior solid wall construction.

Modern construction with punch windows typically provides a 25 dB(A) exterior-to-interior noise level reduction with the windows closed and approximately 15 dB(A) with windows open. Therefore, sensitive receptors exposed to an exterior noise level of 70 dB(A) Ldn or less will typically comply with the CBCrequired interior noise level standard. Modern construction utilizing window walls, curtainwalls, or a high ratio of exterior clear glass will provide less reduction with the windows closed. Buildings using a high amount of glass will typically comply with the CBC-required interior noise level standard if exposed to exterior noise levels of 67 dB(A) Ldn or less.

The project’s building elevations show the residential units with punch windows and not a high ratio of window wall. Noise levels experienced at the project site, including future SMART train activity (at

68.8 dB(A) Ldn), would be expected to be below the 70 dB(A) Ldn threshold for buildings with punch windows. Standard construction with a window system achieving a minimum Outside-Inside Transmission Class (OITC) rating of OITC 22 would be sufficient to achieve the CBC interior noise requirement for residential units. The project would include window systems for the multi-family buildings that range from OITC 29 to 33.58 Therefore, noise from exterior vehicular and rail traffic within the residential units would be less than significant.

OCCUPIED NON-GUESTROOM SPACES
The California Green Building Standards Code (CALGreen) states if an occupied non-guestroom space (i.e., lobby, community room, offices) is exposed to a noise level of 65 dB(A) Leq 1-hour during any hour of operation, the exterior façade design shall incorporate features to reduce noise inside the spaces to a maximum of 50 dB(A) Leq 1-hour. Given the project site may be exposed to hourly noise levels up to

69.6 dB(A) Leq, the building would be subject to the CALGreen requirements. 58 Burbank Housing. 2022. Major Design Review Application Resubmittal Package for 155 Dry Creek Road, Additional Information – Cutsheets for Vinyl Windows – VPI Endurance Series. April 12, 2022.

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73 Assuming a worst-case condition of the non-residential occupied spaces being finished with a hardsurfaced floor, hard ceiling, and punch windows, windows with a minimum rating of OITC 18 would be required to help achieve the code-dictated maximum 50 dB(A) 1-hour Leq noise level. A typical 1-inchthick insulating glass unit constructed of ¼-inch glass – ½-inch airspace – ¼-inch glass has an expected rating of OITC 26. The project would include ground floor window systems for the multi-family buildings that range from OITC 26 to 30.59 Therefore, standard construction would be acceptable for the non-residential areas to achieve the CALGreen code requirement and traffic and rail noise levels would have a less-than-significant impact.

Therefore, implementation of the project design features described above would reduce any potential noise impacts from exterior traffic and rail noise sources to a less-than-significant level.

Stationary Noise Sources
Development of the project would result in new stationary noise sources, including noise from parking lot activities, trash collection, and new mechanical equipment operations on the project site. Parking lot activities on the northeast portion of the project site would generate noise as a result of vehicle starts, people conversing, and doors slamming. The project would have a fully enclosed trash room at the northeast corner of Building 2 facing the SMART railroad and would generate noise due to trucks beeping and trash, recycling, and compost bin tipping. The closest off-site noise-sensitive receptors are the Hotel Trio south of the project site on the other side of Dry Creek Road and the residences to the west of the project site near Plank Coffee along Grove Street. These receptors are located more than 127 feet south and more than 200 feet west, respectively, from the proposed parking lot and trash collection activities. The Hotel Trio and nearby residences experience similar noise levels from parking lot and trash collection activities on their own sites. Activity from parking lots, garbage truck traffic, and trash pickup would be similar to current conditions in the project vicinity, and due to their intermittent nature and short duration, these activities would not result in a perceptible increase in ambient noise levels. Therefore, project-related parking lot and trash collection activities would not result in exposure of persons to noise levels in excess of existing standards, nor would they result in a substantial permanent increase in ambient noise levels compared with existing noise levels.

Typical multifamily residential buildings include new rooftop mechanical equipment, such as condensing units and exhaust fans. This equipment generates noise that can radiate to the neighboring properties. The noise from this equipment is required to comply with Paragraph 9.32.080 in the Municipal Code. Thus, when the on-site equipment is selected, the equipment would be designed to incorporate measures such as shielding, barriers, and/or appropriate attenuators to reduce noise levels that may affect nearby properties.

In addition, nighttime noise limits would be applicable to any stationary equipment required to operate between the hours of 8:00 p.m. and 7:00 a.m.

Therefore, with adherence to City requirements identified in the 2030 General Plan and Municipal Ordinance Chapter 9, Noise, for on-site fixed-source noise equipment, development of the project would not result in exposure of the neighboring properties to noise levels in excess of existing standards, nor would they result in a substantial permanent increase in ambient noise levels compared with existing noise levels. Thus, operational noise impacts would be less than significant. 59 Burbank Housing. 2022. Major Design Review Application Resubmittal Package for 155 Dry Creek Road, Additional Information – Cutsheets for Storefront – Old Castle Series 3000 Storefront. April 12, 2022.

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74 b. Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
Construction Vibration Impacts
During construction of the project, equipment such as trucks, bulldozers, and rollers may be used as close as 127 feet from the nearest noise-sensitive receptor, i.e., the approximate distance between the project site’s southern boundary and the Hotel Trio and the approximate distance between the residences to the west near Plank Coffee and the proposed work areas east of the 35-foot-wide Foss Creek riparian corridor which would be located between 110 feet and 200 feet to the east. Equipment used during project construction could generate vibration levels between 0.0003 PPV and 0.0183 PPV at 127 feet, as shown below in Table 10: Estimated Vibration Levels for Construction Equipment. All estimated vibration levels for typical vibration-producing construction equipment would be below the Federal Transit Administration vibration threshold at which human annoyance could occur (0.1 PPV) and below the threshold for potential building damage (0.3–0.5 PPV). The project would comply with Municipal Code Section 20.24.005, Vibration, which prevents any “use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site.”60 Therefore, impacts from construction vibration would be less than significant.

Table 10: Estimated Vibration Levels for Construction Equipment Type of Equipment
Peak Particle Velocity at
127 Feet
Threshold at which Human
Annoyance Could Occur
Potential for Proposed
Project to Exceed
Threshold
Large bulldozer 0.0078 0.10 No
Loaded trucks 0.0066 0.10 No
Small bulldozer 0.0003 0.10 No
Vibratory roller 0.0183 0.10 No
Sources: Federal Transit Administration Transit Noise and Vibration Impact Assessment Manual, September 2018; Noise Assessment: Dry Creek Commons Development Project (see Appendix H) Operational Vibration Impacts
The project would not include any permanent noise sources that would expose persons to excessive groundborne vibration or noise levels. Potential sources of groundborne vibration in the project vicinity would include vibration from future railroad activity along the SMART rail line, located 100 feet east of the Building 2 facade. According to the Federal Transit Administration, the screening distance for potential groundborne vibration impacts from intermediate capacity rail activity for residential-type land uses is 100 feet. As the SMART rail line is located 100 feet away from the façade of proposed Building 2, exposure of persons to excessive groundborne vibration from passenger rail service on the SMART rail line would be considered a less-than-significant impact. c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
The project site is located approximately 2 miles southeast of the Healdsburg Municipal Airport. As shown in Exhibit 11 Current Noise Contours and Exhibit 12 Future Noise Contours of the Airport Master 60 City of Healdsburg, Municipal Code Chapter 20.24, Environmental and Historic Resources Protection. Available at:
https://www.codepublishing.com/CA/Healdsburg/#!/Healdsburg20/Healdsburg2024.html#20.24. Accessed May 2022.

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75 Plan, the project site is not within the 55 CNEL noise contours.61 In addition, the project site is not located within the boundaries of an airport land use plan. Therefore, there would be no impacts associated with exposure to airport noise.

2.13.4 Mitigation Measures
None required.

2.14 POPULATION AND HOUSING
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
(a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
☐ ☐ ☒ ☐
(b) Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
☐ ☐ ☐ ☒

2.14.1 Environmental Setting
The City’s 2015–2023 Housing Element is a strategic planning process to identify and analyze existing and projected housing needs in order to preserve, improve, and develop housing for all economic segments of the community.62 The City is currently in the process of drafting the 2023–2031 Housing Element.

Municipal Code Chapter 17.24, Growth Control Measures, originally enacted in 2000, sets forth an established annual quantified limit on the rate of residential growth. However, affordable housing units are exempted from this growth management initiative. Given that the residential units are exclusively affordable housing units, this policy does not apply to the project.

According to the U.S. Census Bureau, in April 2020, the City’s population was 11,340 residents, with an average household size of 2.51 persons.63 The 2015–2023 Housing Element estimated the housing inventory in the City to be 4,904 housing units, 79 percent of which were single-family detached and attached homes.64
61 Wadell Engineering Corporation. 2006. Healdsburg Municipal Airport Master Plan 2025. Available at:
https://ci.healdsburg.ca.us/DocumentCenter/View/587/Airport-Master-Plan---2006-PDF. Accessed May 2022. 62 City of Healdsburg. 2015. Healdsburg Housing Element 2015-2023. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/5437/Adopted-Housing-Element. Accessed May 2022. 63 U.S. Census Bureau. 2021. Quickfacts. Available at: https://www.census.gov/quickfacts/healdsburgcitycalifornia. Accessed May 2022.
64 City of Healdsburg, 2015. Healdsburg Housing Element 2015-2023. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/5437/Adopted-Housing-Element. Accessed May 2022.

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76 2.14.2 Impact Analysis
a. Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The project would construct 58 residential units on a 3.7-acre project site, which includes the 3.53-acre parcel and an adjacent 0.17-acre off-site improvement area along Dry Creek Road. Using the City’s average household size of 2.51, the project could house approximately 146 residents.65 This represents an increase of 1.29 percent relative to the City’s 2020 estimated population of 11,340 residents.

The project would add 58 new affordable residential units to the City’s housing inventory, which would be consistent with the 2015–2023 Housing Element goal to build additional affordable housing. In addition, the project site is designated for mixed use development in the 2030 General Plan and Zoning Ordinance; therefore, the population increase associated with the project would be considered planned growth. The project site is surrounded by urban land uses and served by existing utilities (roadways, potable water, sewer, electricity, natural gas, etc.). Although the project would introduce new residents to the City, development of the project site was planned for in the City’s 2030 General Plan and the implementation of the project would not induce substantial population growth within the City. Therefore, impacts related to unplanned population growth would be less than significant. b. Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? The project site is currently vacant; no residential housing units exist on the project site. The project would not result in a net loss of housing, nor would it necessitate the construction of replacement housing.

There would be no impact.

2.14.3 Mitigation Measures
None required.

2.15 PUBLIC SERVICES
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
(a) Fire protection? ☐ ☐ ☒ ☐
(b) Police protection? ☐ ☐ ☒ ☐
(c) Schools? ☐ ☐ ☒ ☐
(d) Parks? ☐ ☐ ☒ ☐
(e) Other public facilities? ☐ ☐ ☒ ☐
65 U.S. Census Bureau, 2021. Quickfacts. Available at: https://www.census.gov/quickfacts/healdsburgcitycalifornia. Accessed May 2022.

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77 2.15.1 Environmental Setting

2.15.1.1 FIRE PROTECTION
Fire protection and emergency response services are provided by the Healdsburg Fire Department (HFD) for all areas within the incorporated limits of the City and City-owned properties outside of the City limits. The HFD, in conjunction with the California Department of Forestry and Fire Protection (CAL FIRE), the Geyserville Fire District, and the Sonoma County Department of Emergency Services established a Mutual Threat Zone in 1996 for those areas that encompass the Fitch Mountain area, including the ridgeline to its north.66 For any fire calls within the Mutual Threat Zone during fire season, aid is provided by all three agencies. Since much of these lands are also within CAL FIRE’s State Responsibility Areas, the HFD works closely with CAL FIRE on any response.

The only HFD fire station is located at 601 Healdsburg Avenue. Staff resources include 12 full-time firefighters and approximately 22 reserve volunteer firefighters.67 The ratio of firefighters to population is currently 0.94 firefighters per thousand residents. The HFD has historically relied upon reserve volunteer firefighters to meet the demand for service created by call volume. However, this has become more difficult as training requirements have grown and most people have less time to dedicate to the HFD.68 The HFD maintains a standard response goal of less than five minutes and averages a four-minute response time for medical and fire emergencies within the City limits.

Medical emergency response is provided by both the HFD, which provides basic life support, and Bell’s Ambulance Service, which provides advanced life support and transport to medical facilities. Bell’s Ambulance Service is a private company serving both the City and the surrounding area. As with fire emergencies, four to six minutes is considered the maximum acceptable response time for most medical emergencies.

2.15.1.2 POLICE PROTECTION
Police services are provided by the Healdsburg Police Department (HPD). The HPD station is located at 238 Center Street, approximately 1.3 miles south of the project site. The HPD currently employs 18 sworn officers, including the Chief of Police, and 12 civilian employees. The HPD currently maintains an officer-to-population ratio of 1:644.

The HPD receives approximately 16,000 calls annually for service (889 calls per sworn officer). The HPD maintains an emergency response time of 2 to 3 minutes throughout the City for emergency calls through the use of mobile units.69

2.15.1.3 SCHOOLS
Healdsburg Unified School District (HUSD) operates four schools within the City. These schools include one elementary school on two campuses, Healdsburg Elementary (grades K through 2) and Fitch 66 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Public Services. Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/670/Public-Services-PDF. Accessed May 2022.
67 City of Healdsburg. 2022. “Fire Department.” Available at: https://ci.healdsburg.ca.us/248/Fire-Department. Accessed May 2022.
68 City of Healdsburg. 2022. “Fire Department.” The HFD has strived to maintain an equivalent of one firefighter per 1,000 persons. Available at: https://ci.healdsburg.ca.us/248/Fire-Department. Accessed May 2022. 69 City of Healdsburg. 2022. “Fire Department” Available at: https://ci.healdsburg.ca.us/248/Fire-Department. Accessed May 2022.

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78 Mountain Campus (grades 3 through 5), as well as Healdsburg Junior High School (grades 6 through 8), Healdsburg High School (grades 9 through 12), and one continuation high school, Marce Becerra Academy.
70 HUSD enrollment in the 2020-2021 school year had a total of 1,317 students: 473 students at the elementary school, 293 students at Healdsburg Junior High, 516 students at Healdsburg High, and 35 students at Marce Becerra Academy.
71 There are four additional schools that are not part of the HUSD, but whose students attend the HUSD’s junior high and high school. Alexander Valley Elementary School and the Westside Elementary School contribute students to Healdsburg Junior High and Healdsburg High School. St. John the Baptist Catholic School and the Healdsburg School are both private schools and also contribute students to Healdsburg High School.72 HUSD and the private schools have the capacity to accommodate 4,774 students.73 The HUSD has open enrollment, which means any student wishing to enroll in HUSD schools may do so after filling out an application. The HUSD accepts students from other districts as well after they have submitted an inter-district transfer application.

2.15.1.4 PARKS AND OTHER PUBLIC FACILITIES
The City’s Community Services Department operates and maintains a variety of parks and recreational facilities throughout the City. The Community Services Department’s service area is the same as that of the HUSD.

In addition to the facilities at HUSD schools, there are 15 parks and facilities within the City.74 Dog parks are also provided at Badger Park and Villa Chanticleer. The City also maintains the Fitch Mountain Open Space Preserve and Healdsburg Ridge Open Space Reserve. In addition, Sonoma County operates and maintains the Veterans Memorial Beach Park, located on the east side of the Russian River just south of Healdsburg Avenue.

Including the City’s eight neighborhood and community parks as well as Healdsburg Plaza, West Plaza Park, Carson Warner Memorial Skate Park, and the County’s Veterans Memorial Beach Park, but excluding the Tayman Park Golf Course, Villa Chanticleer, Municipal Pool, and Senior Center, the City currently has total public park acreage of 43.32 acres.75 A joint use agreement with the HUSD provides another 25 acres of school athletic fields that are also available for limited community use.

The City’s goal is to provide 5 acres of developed neighborhood and community parkland per 1,000 residents. Based on the current City population of approximately 11,340 residents, the City should have approximately 57 acres of developed neighborhood and community parks. The City is currently deficient by approximately 16 acres in meeting the goal of developed neighborhood and community park acreage relative to population.
70 Healdsburg Unified School District. 2022. “Who We Are.” Available at: https://healdsburgusd-ca.schoolloop.com/whoweare.

Accessed May 2022.
71 Education Data Partnership, California Department of Education. 2022. “Healdsburg Unified.” Available at: http://www.eddata.org/district/Sonoma/Healdsburg-Unified. Accessed May 2022. 72 Healdsburg Unified School District. 2022. “Who We Are.” Available at: https://healdsburgusd-ca.schoolloop.com/whoweare.

Accessed May 2022.
73 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Public Services. Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/670/Public-Services-PDF. Accessed May 2022.
74 City of Healdsburg. “Parks & Facilities.” Available at: https://www.ci.healdsburg.ca.us/281/Parks-Facilities. Accessed May 2022.
75 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Public Services. Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/670/Public-Services-PDF. Accessed May 2022.

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79 There are five park projects planned for the City through 2025.76 These projects include major improvements to Badger Park and the Fitch Mountain Park and Open Space Preserve, a pedestrian walkway extension from the Foss Creek Pathway titled the Mill District Connectivity Project, and the redevelopment of the former Purity building into a community gathering space and farmer’s market. In addition, the City will the construct Montage Healdsburg Park, a new 36-acre passive and active public recreation area. Approximately $8.5 million dollars of transient occupancy tax revenue is anticipated to come into the City in fiscal year 2022/2023, a portion of which will be dedicated to community services such as management and operation of park and recreational facilities.77 This source of funds will enable the City to design and construct additional parks and recreational facilities, consistent with its adopted Master Plan.

2.15.2 Impact Analysis
a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for fire protection? The project would develop 58 residential units on a 3.7-acre project site. The project site includes the

3.53-acre parcel, which is designated as MU and planned for development under the City’s 2030 General Plan, and an adjacent 0.17-acre off-site improvement area along Dry Creek Road. Project implementation would result in a population increase of approximately 146 residents, resulting in a minor incremental increase in demand for fire protection services relative to the population of the City. In accordance with California Government Code Section 53090, the project would pay a fee to offset the increased demand.78 The City’s standard conditions of approval would require the provision of a fire flow analysis to ensure adequate water pressure and flow rates are available on-site for firefighting purposes.

The project would comply with Municipal Code Chapter 15.08, Fire Prevention, which requires the installation and maintenance of an automatic fire sprinkler system in all newly constructed buildings, including each multifamily dwelling unit. The project would also comply with all applicable Fire Code requirements associated with adequate fire access, fire flows, and number of hydrants. Project implementation would not increase the HFD’s response times to the project site or surrounding vicinity; thus, no additional fire personnel or equipment would be necessary to serve the project. The project would not physically alter existing fire protection facilities, nor require the construction of new facilities. In addition, the project site is located within an urban, built-up area of the City with adequate response times and infrastructure; thus, the project would not significantly increase the demand for fire protection services. Therefore, the impact would be less than significant. 76 City of Healdsburg. 2020. 2020-25 Five-Year Capital Improvements Program Summary. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/13397/2020-25-CS-CIP-Final-081020_2. Accessed May 2022. 77 City Of Healdsburg. 2022. “City Council/Redevelopment Successor Agency Meeting Agenda: Fiscal Year 2022-23 and 2023- 24 Budget and Capital Improvement Plan Adoption.” Available at:
https://healdsburgca.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=2145&Inline=True. Accessed July 2022. 78 City of Healdsburg. 2018. “Development Fees, Multi-Family Residential Dwelling Units.” Available at:
https://www.ci.healdsburg.ca.us/456/Fees. Accessed May 2022.

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80 b. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for police protection? As stated above, the HPD would provide police protection services to the project. The HPD officer-to population-ratio is 1:644, and the project would not significantly increase that ratio. The project would not physically alter police protection facilities, nor would the project create an environment generally associated with unlawful activities requiring increased law enforcement services. The project would not inhibit HPD’s response times, and the increased population would not warrant construction of a new police station. In accordance with California Government Code Section 53090, the project would be required to pay a fee to offset the increased demand associated with any additional services. Therefore, the impacts would be less than significant.
c. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for schools? The HUSD would serve the project site. The project’s 58 residential units could result in an increased demand for school services. Based on a student generation rate of 0.6 student per dwelling (2030 General Plan Figure IV.N-17), the project would generate approximately 39 new students. Students from the project site would attend the following educational facilities:
• Healdsburg Elementary or Fitch Mountain Elementary, located approximately east of the project site
• Healdsburg Junior High, located southeast of the project site • Healdsburg High and Marce Becerra Academy, a continuation high school, located southeast of the project site
California Government Code Section 65996 stipulates that a project must provide school impact fees to ensure adequate school and related facilities will be available and that the development fees authorized by SB 50 are deemed to be “full and complete school facilities mitigation.” Given that HUSD enrollment is significantly decreased, the addition of 39 new students would not exceed the District’s capacity.

Therefore, with payment of school impact fees project impacts related to schools would be less than significant.
d. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for parks? The project would construct 58 residential units on a 3.7-acre project site, which includes a 3.53-acre parcel and 0.17-acre off-site improvement area along Dry Creek Road. The project would house approximately 146 residents. The project would construct approximately 10,225 square feet of outdoor open space. As stated under Section 2.11, Land Use and Planning, the project would request an Open Space Waiver under State Density Bonus Law from the City to allow for the decrease of usable outdoor open space from the required 11,600 square feet to 10,225 square feet.

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81 As noted above, the City is currently below its goal of 5 acres of developed neighborhood and community parkland per 1,000 residents by approximately 16 acres. The addition of approximately 146 residents would incrementally increase the use of existing neighborhood and regional parks, as well as other recreational facilities. However, it would not substantially increase the City’s parkland deficiency; although the residents may be new, the project is consistent with the intensity of development and increase in population anticipated in the 2030 General Plan. As previously noted, a portion of the transient occupancy tax revenue in fiscal year 2022/2023 will be dedicated to community services, such as management and operation of park and recreational facilities. This source of funds will enable the City to design and construct additional parks and recreational facilities, consistent with its adopted Master Plan.

The project is within one mile of the Healdsburg Community Center, Carson Warner Memorial Skatepark, and Byron Gibbs Park. The population increase would not be substantial enough to result in physical deterioration of existing parks or other recreational facilities. In accordance with Municipal Code Section 17.08.350, the developer would be required to dedicate land or pay a fee in-lieu thereof, or both, for park and recreational purposes. With the required compliance with the City’s in-lieu fee requirements, the project’s impact to recreational facilities would be less than significant. e. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for other public facilities? The Healdsburg Regional Library is located approximately 1 mile south of the project site, and the Healdsburg Community Center is located approximately 0.7 mile north of the project site. The addition of approximately 146 new residents would create an incremental increase in the demand for library facilities and the community center.

In accordance with California Government Code Section 53090, development impact fees would be required to offset any additional public service needs. Considering the legislated development fees and close proximity of existing public facilities, impacts would be less than significant.

2.15.3 Mitigation Measures
None required.

2.16 RECREATION
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
(a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
☐ ☐ ☒ ☐
(b) Does the project include recreational facilities or require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?
☐ ☐ ☒ ☐

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82 2.16.1 Impact Analysis
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
Please refer to Section 2.15, Public Services, for further information and analysis related to recreational facilities. Impacts would be less than significant.

2.16.2 Mitigation Measures
None required.

2.17 TRAFFIC AND CIRCULATION
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
(a) Conflict with a program plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle, and pedestrian facilities?
☐ ☐ ☒ ☐
(b) Would the project conflict or be inconsistent with State CEQA Guidelines Section 15064.3, subdivision (b)? ☐ ☐ ☒ ☐ (c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☒ ☐
(d) Result in inadequate emergency access? ☐ ☐ ☒ ☐

2.17.1 Environmental Evaluation
The Final Traffic Impact Study for the Dry Creek Commons Project was prepared for the project by WTrans. The following analysis incorporates the findings of this report which has been included as Appendix I to this Initial Study

2.17.2 Environmental Setting

2.17.2.1 PROJECT SITE
The project site would be accessed from a single driveway on Dry Creek Road located at the southeastern edge of the project site, approximately 370 feet east of Grove Street and adjacent to the SMART railroad tracks. Along the project frontage, Dry Creek Road is nearly 50 feet wide and includes one through lane in the westbound direction, two through lanes in the eastbound direction, and a center turn lane. At the project driveway location, there is a raised median on Dry Creek Road that is part of a signalized pedestrian crossing system for the Foss Creek Pathway.

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83 Dry Creek Road is an east–west arterial that connects ramps at U.S. 101 to Healdsburg Avenue to the east and Dry Creek Valley to the west. Dry Creek Road has a speed limit of 30 miles per hour and carries approximately 15,200 vehicles per day. The roadway has continuous sidewalks along the south side east of Grove Street, but sidewalks are missing along the project frontage on the north side of the street.

2.17.2.2 TRANSPORTATION SETTING
Transportation operating conditions during the a.m. and p.m. peak hours were evaluated under Existing, Existing plus Project, Cumulative, and Cumulative plus Project conditions. Conditions under these peak periods were evaluated to capture the highest potential impacts for the proposed project as well as the highest volumes on the local transportation network. The morning peak hour occurs between 7:00 and 9:00 a.m. and reflects conditions during the home to work or school commute, while the p.m. peak hour occurs between 4:00 and 6:00 p.m. and typically reflects the highest level of congestion during the homeward bound commute.

The four roadway intersections selected for analysis included:

1. U.S. 101 South Ramps/Dry Creek Road, a four-legged all-way stop-controlled intersection; the south leg serves as the U.S. 101 South on-ramp.

2. U.S. 101 North Ramps/Dry Creek Road, a four-legged two-way stop-controlled intersection with stop controls on the northbound off-ramp approach. Because the north leg is a U.S. 101 North onramp, there is no southbound approach at this intersection.

3. Grove Street/Dry Creek Road, a four-legged signalized intersection with a protected left-turn phasing on the eastbound and westbound approaches. While Grove Street currently operates with permitted left-turn phasing, plans have been completed to convert operation to split phasing; the left-turn phasing on Dry Creek Road would be simultaneously converted to protected/permitted, with flashing yellow arrows during the “permitted” portion of the operation. Marked crosswalks with pedestrian phasing are available on all legs of the intersection.

4. Healdsburg Avenue/Dry Creek Road-March Avenue, a four-legged signalized intersection with protected left- turn phasing on all approaches. There are marked crosswalks with pedestrian phasing on all legs of the intersection.

Existing Conditions
The Existing Conditions scenario provides an evaluation of current operations based on existing traffic volumes during the a.m. and p.m. peak periods.

Under existing conditions, all four study intersections operate acceptably at LOS D or better. The northbound U.S. 101 North off-ramp approach to Dry Creek Road also operates acceptably at LOS C or D (see Table 11: Existing Peak Hour Intersection Levels of Service).

Table 11: Existing Peak Hour Intersection Levels of Service Study Intersection
AM Peak PM Peak
Delay LOS Delay LOS

1. U.S. 101 South Ramps/Dry Creek Road 16.6 C 23.2 C

2. U.S. 101 North Ramps/Dry Creek Road 14.1 B 6.4 A
Northbound (U.S. 101 Off-Ramp) Approach 33.4 D 21.4 C

3. Grove Street/Dry Creek Road 33.4 D 30.3 C

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84 4. Healdsburg Avenue/Dry Creek Road-March Avenue 29.0 C 51.1 D Source: Final Traffic Impact Study for the Dry Creek Commons Project, April 2022 (see Appendix I) Notes: Delay is measured in average seconds per vehicle; LOS= Level of Service; Results for minor approaches to two-way stopcontrolled intersections are indicated in italics.

Planned Facilities and Future Conditions
Based on the U.S. 101/Dry Creek Road Interchange Feasibility Study and subsequent review by the Healdsburg City Council,79 roundabouts are the preferred option for making planned future improvements to the two ramp intersections at the U.S. 101/Dry Creek Road interchange. Further, the existing traffic signal at Grove Street/Dry Creek Road is planned to be modified as follows:
• Modify the northbound approach to include left-turn and shared through/right-turn lanes. • Install split phasing for the northbound and southbound Grove Street approaches. • Implement flashing yellow arrow (permissive/protected) left-turn phasing for the eastbound and westbound Dry Creek Road approaches.

Under the anticipated future volumes for the 2040 horizon year obtained from Sonoma County’s gravity demand model, and with completion of planned improvements described above, study intersections are expected to operate acceptably at LOS D or better (see Table 12: Future Peak Hour Intersection Levels of Service).
79 City of Healdsburg, 2020. US 101/Dry Creek Road Interchange Feasibility Study Report. Available at:
https://healdsburg.gov/DocumentCenter/View/12616/US101-Dry-Creek-Interchange---Feasibility-Report-DRAFT--March2020. Accessed May 2022.

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85 Table 12: Future Peak Hour Intersection Levels of Service Study Intersection
AM Peak PM Peak
Delay LOS Delay LOS

1. U.S. 101 South Ramps/Dry Creek Road 13.7 B 26.2 C

2. U.S. 101 North Ramps/Dry Creek Road 6.8 A 10.1 B

3. Grove Street/Dry Creek Road 51.1 D 31.2 C

4. Healdsburg Avenue/Dry Creek Road-March Avenue 13.7 B 30.0 C Source: Final Traffic Impact Study for the Dry Creek Commons Project, April 2022 (see Appendix I) Notes: Delay is measured in average seconds per vehicle; LOS= Level of Service

2.17.2.3 EXISTING AND PLANNED PEDESTRIAN FACILITIES
Pedestrian facilities include sidewalks, crosswalks, pedestrian signal phases, curb ramps, curb extensions, and various streetscape amenities such as lighting and benches. In general, a network of sidewalks, crosswalks, pedestrian signals, and curb ramps provide access for pedestrians in the vicinity of the project site; however, a gap in the sidewalk network exists along the project’s Dry Creek Road frontage. Existing gaps and obstacles along the connecting roadways impact convenient and continuous access for pedestrians and present safety concerns in those locations where appropriate pedestrian infrastructure would address potential conflict points. These existing gaps and obstacles are as follows:
• Dry Creek Road: Continuous sidewalk coverage and overhead streetlighting is provided on one or both sides of Dry Creek Road between Grove Street and Healdsburg Avenue, with a gap in the existing facilities along the project frontage. The segment between Grove Street and U.S. 101 does not have sidewalks, except for the south side of the street between U.S. 101 North Ramps and Grove Street. Crosswalks with pedestrian phasing are available at the Foss Creek Pathway crossing as well as at the nearby signalized intersections, including Dry Creek Road/Grove Street and Healdsburg Avenue/Dry Creek Road-March Avenue.
• Grove Street: Sidewalks exist on both sides of Grove Street along the frontages of developed properties north of the Carson Warner Skatepark, but coverage is intermittent south of the skate park. Sidewalks are provided on both sides for most of the segment between Chiquita Road and Grove Court. There is minimal lighting south of Dry Creek Road besides pedestrian-scale lighting between Old Rossi Place and overhead streetlights at the roundabout at Grove Street/Farmstand Road.
• Healdsburg Avenue: Continuous sidewalk coverage is provided on both sides of Healdsburg Avenue except for a small segment on the west side of Healdsburg Avenue near Sunnyvale Drive.

Overhead streetlighting is provided on both sides of Healdsburg Avenue. • Foss Creek Pathway: The City recently completed an extension of the Foss Creek Pathway between Grove Street and the prior terminus south of Dry Creek Road, including a signalized crossing of Dry Creek Road adjacent to the project site. The Pathway currently extends south to Front Street where it is planned to connect across the Russian River along the SMART railroad alignment.

Pedestrian facilities are planned to be added near the project site, including the planned expansion of Foss Creek Pathway, benches and shade structures along the Foss Creek Pathway, and citywide ADA upgrades and warning and wayfinding signage.80
80 Sonoma County Transportation Authority. 2019. Countywide Bicycle and Pedestrian Master Plan Updated Project List.

Available online: https://scta.ca.gov/planning/countywide-active-transportation-plan/#updated-project-list-2019. Accessed June 2022.

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86 2.17.2.4 EXISTING AND PLANNED BICYCLE FACILITIES
The Caltrans Highway Design Manual classifies bikeways into four categories:
• Class I Multi-Use Path: a completely separated right-of-way for the exclusive use of bicycles and pedestrians with cross flows of motorized traffic minimized. • Class II Bike Lane: a striped and signed lane for one-way bike travel on a street or highway. • Class III Bike Route: signing only for shared use with motor vehicles within the same travel lane on a street or highway.
• Class IV Bikeway: a separated bikeway for the exclusive use of bicycles that includes a separation between the bikeway and the motor vehicle traffic lane. The separation may include, but is not limited to, grade separation, flexible posts, inflexible physical barriers, or on-street parking.

Existing facilities in the project area include the Class I Foss Creek Pathway, Class II bike lanes on much of Grove Street and March Avenue east of Healdsburg Avenue, and Class III bicycle routes on Dry Creek Road and Healdsburg Avenue. Class III bicycle routes are proposed on Dry Creek Road the from City limits to Grove Street and on Grove Street south of Dry Creek Road. Class II bike lanes are proposed on Dry Creek Road west of the City limits and Grove Street north of Dry Creek Road.81 The Class I Foss Creek Pathway is planned to extend to the northern City limits. Bicyclists ride in the roadway and/or on sidewalks along all other streets within the project area.

2.17.2.5 EXISTING AND PLANNED TRANSIT FACILITIES
SCT provides fixed-route bus service in Healdsburg. SCT Route 67 provides north and south loop service Mondays through Saturdays from 9:06 a.m. to 3:11 p.m. to destinations throughout Healdsburg and stops on March Avenue across the street from Ace Hardware and on Grove Street south of Dry Creek Road.

SCT Route 60 provides daily regional service between Healdsburg and surrounding communities such as Cloverdale to the north and Santa Rosa to the south from 7:15 a.m. to 9:20 p.m., depending on travel direction of travel. There are bus stops in both directions on Healdsburg Avenue near Dry Creek Road as well as near Terrace Boulevard. The SCT routes operate with headways of between 1 to 1.5 hours.

Two or three bicycles can be carried on most SCT buses. Bike rack space is on a first-come, first-served basis. Riders are responsible for both loading and unloading their bicycles.

Dial-a-ride, also known as paratransit, or door-to-door service, is available for those who are unable to independently use the transit system due to a physical or mental disability. SCT Paratransit is designed to serve the needs of individuals with disabilities.

The SMART rail line runs adjacent to the project site and service is proposed to be extended to the City, though there is currently no planned completion date for the extension. Upon completion of the SMART rail extension, access to regional transit service would improve. 81 Sonoma County Transportation Authority. 2019. Countywide Bicycle and Pedestrian Master Plan Updated Project List.

Available online: https://scta.ca.gov/planning/countywide-active-transportation-plan/#updated-project-list-2019. Accessed June 2022.

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87 2.17.3 Impact Analysis
a. Would the project conflict with a program plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Trip Generation
The project would generate an average of 263 trips per weekday, including 21 a.m. peak hour trips and 23 p.m. peak hour trips. These new trips represent the increase in traffic associated with the project compared to existing volumes.

Existing Plus Project Conditions
Upon the addition of project-related traffic to existing traffic volumes, the study intersections would continue to operate acceptably at the same LOS with minor increases to the delay (see Table 13: Existing and Existing plus Project Peak Hour Intersection Levels of Service).

Table 13: Existing and Existing plus Project Peak Hour Intersection Levels of Service Study Intersection
Existing Conditions Existing plus Project
AM Peak PM Peak AM Peak PM Peak
Delay LOS Delay LOS Delay LOS Delay LOS

1. U.S. 101 S Ramps/Dry Creek Road 16.6 C 23.2 C 17.4 C 24.0 C

2. U.S. 101 N Ramps/Dry Creek Road 14.1 B 6.4 A 14.3 B 6.6 A Northbound (U.S. 101 Off-ramp) Approach 33.4 D 21.4 C 34.1 D 21.8 C

3. Grove Street/Dry Creek Road 29.0 C 16.1 C 29.0 C 16.2 B

4. Healdsburg Avenue/Dry Creek Road-March Avenue 38.7 D 16.6 B 38.7 D 16.6 B Source: Final Traffic Impact Study for the Dry Creek Commons Project, April 2022 (see Appendix I) Notes: Delay is measured in average seconds per vehicle; LOS= Level of Service; Results for minor approaches to two-way stop-controlled intersections are indicated in italics.

Future Plus Project Conditions
Upon the addition of project-generated traffic to the anticipated future volumes, and with the planned improvements, the study intersections would operate acceptably at LOS D or better (see Table 14:

Future and Future plus Project Peak Hour Intersection Levels of Service.

Table 14: Future and Future plus Project Peak Hour Intersection Levels of Service Study Intersection
Future Conditions Future plus Project
AM Peak PM Peak AM Peak PM Peak
Delay LOS Delay LOS Delay LOS Delay LOS

1. U.S. 101 South Ramps/Dry Creek Road 13.7 B 26.2 C 14.0 B 26.7 C

2. U.S 101 North Ramps/Dry Creek Road 6.8 A 10.1 B 7.0 A 10.2 B

3. Grove Street/Dry Creek Road 30.3 C 31.2 C 30.3 C 31.6 C

4. Healdsburg Avenue/Dry Creek Road-March Avenue 51.1 D 30.0 C 51.1 D 30.0 C Source: Final Traffic Impact Study for the Dry Creek Commons Project, April 2022 (see Appendix I) Notes: Delay is measured in average seconds per vehicle; LOS= Level of Service

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88 The project would contribute vehicular trips to the intersections of U.S. 101 South Ramps/Dry Creek Road and U.S. 101 North Ramps/Dry Creek Road, where the roundabouts are planned to be installed.

These planned future improvements were incorporated into the City’s Traffic Facilities Impact Fees per Resolution 2-2021, so payment of the fee would be expected to offset any cumulative effect on traffic operation associated with the project. Therefore, with the payment of the City’s Traffic Facilities Impact Fees, the project would not conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness of the circulation system and impacts would be less than significant.

Pedestrian Facilities
Given the proximity of nearby commercial and recreational destinations surrounding the project site residents, visitors, and employees may walk, bicycle, and/or use transit for trips from and to the project site. The project would include the construction of a sidewalk along the project’s Dry Creek Road frontage, connecting to the existing sidewalk to the east and the Foss Creek Pathway that runs along the SMART railroad tracks east of the project site and to the existing sidewalk to the west at Plank Coffee near Grove Street.

The project frontage would be oriented toward Dry Creek Road and placed moderately close to the back of the sidewalk. The project’s landscape design would use plantings to define the edge of the sidewalk; incorporate pedestrian paths, outdoor places, landscaping, and lighting; and highlight building entries.

Pedestrian facilities serving the project site would be adequate upon completion of improvements proposed as part of the project. The project would be expected to have a less-than-significant impact regarding adequacy of pedestrian facilities and compliance with policies related to pedestrian facilities.

Impacts to pedestrian facilities would be less than significant.

Bicycle Facilities
Existing bicycle facilities, including the Foss Creek Pathway and bike lanes on Grove Street, March Avenue and Healdsburg Avenue, together with shared use of minor streets, provide adequate access for bicyclists.

Based on Municipal Code Section 20.16.175, Bicycle Parking, lockable bicycle parking is required for multifamily residential projects of 10 or more units, though the number of required bicycle spaces is not specified. Bicycle parking would be provided outdoors at the project site entrance (10 spaces) and indoors inside a secure bicycle room in Building 1 (50 spaces). The bicycle parking room would be centrally located within the project site to encourage bicycling. Bicycle facilities serving the project site are adequate. The project would be expected to have a less-than-significant impact regarding adequacy of bicycle facilities and compliance with policies related to bicycle facilities. Impacts to bicycle facilities would be less than significant.

Transit Facilities
Existing bus stops for SCT Routes 60 and 67 are located approximately 400 feet west of the project site near Grove Street and on March Avenue/Dry Creek Road, approximately 700 feet east of the project site.

These bus stops are within a reasonable walking distance of the project site. Transit load factors would be spread out across SCT Routes 60 and 67 and the various route headways as described above. Therefore, the project-generated transit trips would have a dispersed effect on local transit service. Existing transit routes are adequate to accommodate project-generated transit trips and access to regional transit would be improved upon completion of the SMART extension to the City with connections via existing SCT routes and also via the Foss Creek Pathway.

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89 The project would be expected to have a less-than-significant impact regarding adequacy of transit facilities and compliance with policies related to transit. Impacts to transit facilities would be less than significant.

Summary
The proposed project would not conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness related to transportation and the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Therefore, the project would have less-than-significant impacts to the circulation system.
b. Would the project conflict or be inconsistent with State CEQA Guidelines Section 15064.3, subdivision (b)?
SB 743 established a change in the metric to be applied in determining transportation impacts associated with development projects. As of the date of this analysis, the City has not yet adopted thresholds of significance related to vehicle miles traveled (VMT). As a result, project-related VMT impacts were assessed based on guidance published by the California Governor’s Office of Planning and Research (OPR) in the publication Transportation Impacts (SB 743) CEQA Guidelines Update and Technical Advisory (2018). The Technical Advisory notes that “a project consisting of a high percentage of affordable housing may be a basis for the lead agency to find a less-than-significant impact on VMT.

Evidence supports a presumption of less-than-significant impact for a 100 percent affordable residential development (or the residential component of a mixed-use development) in infill locations.” As the project is an infill 100 percent affordable housing development, the screening guidance provided by the OPR would apply, and it is reasonable to conclude that the project would have a less-than-significant impact on VMT.
c. Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
Site Access
Site access would be from Dry Creek Road via a driveway located at the southeast corner of the project site. The project driveway would be aligned with the driveway for Hotel Trio on the south side of Dry Creek Road; however, given the proximity of the proposed driveway to the recently installed Foss Creek Pathway crossing and, in particular, the median island that is part of that crossing, the project would prohibit left turns from the project driveway and include on-street striping and signage indicating rightturn out movements only. Left turns would be prohibited because drivers exiting the project site would not be able to enter the center turn lane but would need to cross through it. As a result, left turns could result in vehicles stopping across the center lane and extending into the through lane, blocking traffic and creating a potentially unsafe situation. Under future conditions, with the planned extension of service on the SMART rail line through Healdsburg north to Cloverdale, a “Quiet Zone” would be implemented through the City. As part of the implementation of the Quiet Zone improvements, the median island that is part of the Foss Creek Pathway crossing would be extended and would completely block access to the project driveway, resulting in right-turn access only both inbound and outbound.

In order to prevent potential conflicts associated with outbound left turns the project has been designed to prohibit outbound left turns; only outbound right turns would be allowed from the project driveway. Thus, no conflicts are anticipated between vehicles exiting the project site and vehicles traveling on Dry Creek Road, including vehicles entering and exiting the Hotel Trio driveway on the south side of Dry Creek

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90 Road. Therefore, the project would not substantially increase hazards due to a geometric design feature or incompatible uses.

Sight Distance
Sight distance along Dry Creek Road at the project driveway was evaluated based on sight distance criteria contained in the Caltrans Highway Design Manual. The recommended sight distances for minor street approaches that are a driveway are based on stopping sight distance, with the approach travel speeds used as the basis for determining the recommended sight distance. Additionally, the stopping sight distance needed for a following driver to stop if there is a vehicle waiting to turn into a side street or driveway is evaluated based on stopping sight distance criteria and the approach speed on the major street.

For the 30 mile per hour speed limit on Dry Creek Road, a minimum of 200 feet of stopping sight distance is needed. Based on the review of field conditions, sight lines to and from the project driveway on Dry Creek Road are measured to be nearly 720 feet to the west, which would be more than adequate for the posted speed limit. Sight lines to the east were not measured as left turns from the project driveway would be prohibited as part of the project design to avoid potential conflicts associated with the existing median island and Foss Creek Pathway crossing, as described above. Adequate stopping sight distance is available on Dry Creek Road for a following driver to notice and react to a preceding motorist slowing to enter the project site at the project driveway.

Consistent with Article I, Yard Requirements, and Article VI, Landscaping and Screening, of Municipal Code Chapter 20.16, General Development Standards, all signs and landscaping at the project driveway and Dry Creek Road frontage would be designed and maintained to preserve adequate sight lines for vehicles. Therefore, the project would have less-than-significant impacts related to traffic hazards associated with sight lines and stopping sight distance.

Geometric Design Considerations
As part of the project, Dry Creek Road would be widened to provide a second westbound travel lane, closing an existing gap as the second westbound travel lane currently exists to the east and west of the project site. To ensure safe operation upon completion of the project, the project would restripe Dry Creek Road and include new signage to eliminate the existing roadway merge to the east and convert the dedicated right-turn lane at Grove Street to a shared through/right-turn lane. The project would also restripe and install signage at the westbound approach to the Grove Street/Dry Creek Road intersection to allow U-turns.

Summary
Implementation of the project design as proposed, including the right-in, right-out turn restriction at the project driveway; road widening to add a second westbound through lane to Dry Creek Road; associated striping improvements to Dry Creek Road; and associated striping improvements to the Grove Street/Dry Creek Road intersection to accommodate U-turns, would ensure that impacts related to hazards due to a geometric design feature would be less than significant. d. Would the project result in inadequate emergency access? The project site circulation and access design would meet City design criteria, including the 20-foot minimum width for project driveway. Additionally, a vehicular connection on the eastern side of the project site to the parcel north of the project site would provide emergency ingress and egress. All internal drive aisles would be subject to California Fire Code requirements, including provisions associated with

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91 minimum width. As designed, the project site access and on-site circulation would function acceptably for emergency response vehicles and the project would not substantially increase emergency response times.

As such, adequate emergency access would be provided, and impacts would be less than significant.

2.17.4 Mitigation Measures
None required.

2.18 TRIBAL CULTURAL RESOURCES
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
(a) Would the project cause a substantial adverse
change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as
either a site, feature, place, or cultural landscape that is geographically defined in terms of the size and
scope of the landscape, sacred place, or object with
cultural value to a California Native American tribe,
and that is:
(i) Listed in or eligible for listing in the California Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code Section 5020.1(k), or
☐ ☐ ☒ ☐
(ii) A resource determined by the lead agency, in its
discretion and supported by substantial
evidence, to be significant pursuant to criteria set
forth in subdivision (c) of Public Resources Code
Section 5024.1. In applying the criteria set forth
in subdivision (c) of Public Resource Code
Section 5024.1, the lead agency shall consider
the significance of the resource to a California
Native American tribe.
☐ ☒ ☐ ☐

2.18.1 Environmental Evaluation
The Cultural Resources Study for the Dry Creek Commons Project was prepared for the project by Tom Origer and Associates. The following analysis incorporates the findings of this report, which has been included as Appendix D to this Initial Study.

2.18.2 Environmental Setting
Cultural resources are generally defined in the California Public Resources Code (PRC) Section 21074 as either a site, feature, place, or cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe.

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92 2.18.3 Impact Analysis
a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, or cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i. Listed in or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)?
As described above in Section 2.5, Cultural Resources, the Cultural Resources Study prepared for the project did not identify resources on-site that were listed or eligible for listing. Therefore, the project would have less-than-significant impacts on a tribal cultural resource that is listed in or eligible for listing in the California Register, or in a local register of historical resources as defined in PRC Section 5020.1(k).
ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

All formal outreach to Native American parties and follow-up consultation is being conducted by the City’s Planning Division, pursuant to PRC Section 21080.3.1, as amended by the provisions of AB 52. A records search request for the project was made to the California Native American Heritage Commission (NAHC) on November 3, 2021, with the intent of identifying sensitive areas and obtaining a list of Native American tribes and/or individuals who may have specific knowledge of the vicinity (see Appendix D).

The NAHC responded on December 8, 2021, indicating results of the Sacred Lands File search were positive, and provided a list of Native American tribes and individuals who may also have knowledge of cultural resources in the project’s archaeological APE. The City sent formal consultation letters to all provided Native American contacts on February 11, 2022. Informal consultation emails to Native American contacts were also sent on November 3, 2021.

The Federated Indians of Graton Rancheria responded to the informal consultation email via email on November 4, 2021, stating that the project’s archaeological APE is outside of their area of interest. The Kashia Band of Pomo Indians of the Stewarts Point Rancheria responded via email on November 17, 2021, stating that the project’s archaeological APE is within the territory of the Dry Creek Band of Pomo, and they defer comments to them. No other responses have been received as of the date of this Initial Study.

In the event that objects or artifacts that may be tribal cultural resources are encountered during the course of project construction, construction activities would temporarily cease on the project site, as set forth in Mitigation Measure TRI-1, until the potential tribal cultural resources are properly assessed pursuant to PRC Section 21074 (a)(2). Implementation of Mitigation Measure TRI-1 and Mitigation Measure CUL-1 (Accidental Discovery) would reduce impacts related to encountering previously unidentified tribal resources to a less-than-significant level. Compliance with these mitigation measures would ensure the project does not cause a substantial adverse change in the significance of a tribal cultural resource, and this potentially significant impact would be reduced to a less-than-significant level.

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93 2.18.4 Mitigation Measure
TRI-1 In the event that tribal cultural resources are encountered during the course of the project construction, all such activities within 100 feet of the find shall temporarily cease on the project site until a qualified archaeologist can evaluate whether the resource requires further study to ensure that the potential tribal cultural resources are properly assessed and treated pursuant to Public Resources Code Section 21074(a)(2).

2.19 UTILITIES AND SERVICE SYSTEMS
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Would the project:
(a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or
storm water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
☐ ☐ ☒ ☐
(b) Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
☐ ☐ ☒ ☐
(c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it
has adequate capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
☐ ☐ ☒ ☐
(d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
☐ ☐ ☒ ☐
(e) Comply with federal, state, and local management
and reduction statutes and regulations related to solid waste?
☐ ☐ ☒ ☐

2.19.1 Environmental Setting
The Utilities Department, which includes the Electric, Water and Wastewater Divisions, is responsible for the delivery of water, electricity, and treatment of wastewater within the City. Responsibilities include maintenance, operation and improvement of the electrical distribution system, the water system (including production, treatment, storage and distribution), and the wastewater system (including collection, pumping and treatment of sewage). The Public Works Department is responsible for engineering review and the development and maintenance of the City’s infrastructure, including design and construction of the water, sewer and storm drain systems.

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94 2.19.1.1 WASTEWATER
The City operates and maintains a network of 50.2 miles of collection system gravity main piping, 3 miles of force mains, and 11 lift stations.82 The lift stations include the Magnolia Lift Station and 10 smaller satellite lift stations. The Magnolia Lift Station has a capacity of approximately 8.6 million gallons per day (gpd) and experiences maximum daily flows of about 0.9 million gpd.83 The northern area of the City, including the project site, is served by the North Trunk Sewer. The Magnolia Trunk Sewer collects all wastewater within the City near the south end of Healdsburg Avenue, directing flows south to the Magnolia Lift Station where it is pumped to the City’s wastewater treatment plant (WWTP). The City is currently replacing the two sections of 14-inch-diameter force main pipe that runs under Dry Creek Road and installing three new 16-inch-diameter force main pipes.84 The City operates a tertiary-level WWTP, which treats all of the City’s wastewater to Title 22 recycled water standards. The WWTP is located on Foreman Lane, approximately one mile southwest of the City limits just south of the confluence of Dry Creek and the Russian River. The WWTP is located within the Region 1 (North Coast) boundaries of the RWQCB and is designed to accommodate an annual average daily flow of 1.6 million gallons per day (mgd) and maximum sustained peak flows of 4.0 mgd.85 The WWTP operates under Order No. R1-2016-0015 (NPDES Permit No. CA0025135) and has a permitted dry-weather capacity of 1.4 mgd and peak daily wet weather flow of 4.0 mgd.86 The equalization basins and wet-weather treatment capacity (4.0 mgd) together are sized to accommodate a storm event producing wet weather flows of up to 9.3 mgd.87 Buildout under the 2030 General Plan is anticipated to generate an estimated wastewater flow of 0.364 mgd.88

2.19.1.2 WATER
The City’s water distribution system serves a population of roughly 11,800 through 4,532 water meters and includes the residents of Healdsburg and the Fitch Mountain Water District.89 The City’s Utility Department pulls water from both the Russian River and Dry Creek through well fields. This diversion of water is allowed through four water-rights: three on the Russian River and one on Dry Creek. In addition, the City has one application pending with the State Water Resources Control Board (SWRCB) for additional water rights on Dry Creek. The City also contracts with Sonoma Water for a backup supply of water should the City’s water rights become unavailable. 82 City of Healdsburg. 2020. Sewer System Management Plan, pp. 3-4 and Appendix 4-3. Available at:
https://ci.healdsburg.ca.us/DocumentCenter/View/11888/FINAL-SSMP-Update-2020. Accessed May 2022. 83 City of Healdsburg. 2014. Healdsburg Housing Element: 2015-2023, p. 100. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/5437/Adopted-Housing-Element. Accessed May 2022. 84 City of Healdsburg. 2020. Sewer System Management Plan, pp. 3-4 and Appendix 10.1. Available at:
https://ci.healdsburg.ca.us/DocumentCenter/View/11888/FINAL-SSMP-Update-2020. Accessed May 2022. 85 City of Healdsburg. 2008. Membrane Wastewater Treatment Facility. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/1039/New-State-of-the-Art-Facility-PDF?bidId=. Accessed May 2022.
86 City of Healdsburg. 2020. Sewer System Management Plan, Appendix 10.1. Available at:
https://ci.healdsburg.ca.us/DocumentCenter/View/11888/FINAL-SSMP-Update-2020. Accessed May 2022. 87 City of Healdsburg. 2009. 2030 General Plan Update Revised Draft Environmental Impact Report: Utilities, p. IV.P-2.

Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/672/Utilities-PDF. Accessed May 2022. 88 City of Healdsburg. 2014. Healdsburg Housing Element: 2015-2023, p. 101. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/5437/Adopted-Housing-Element. Accessed May 2022. 89 City of Healdsburg. 2021. 2020 Urban Water Management Plan Update, p. 7. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/13549/2020-Urban-Water-Management-Plan---Final?bidId= .

Accessed May 2022.

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95 The City’s drinking water system includes the operation of thirteen water production wells, their water treatment systems and equipment at each of three well fields, the water treatment plant, a single raw water reservoir and seven treated water storage reservoirs, five booster pump stations, and eight pressure reducing stations. The principal water mains in the distribution system range in size from 4 to 16 inches in diameter. Most of the distribution piping in the older areas of the City range in size from 1-1/2 to 4 inches, while the newer areas are served by pipes 6 to 16 inches in diameter.

The City’s Urban Water Management Plan (UWMP) estimated the City’s total demand for water in 2020 at 661 million gallons (mg), including 640 mg of retail water demand and 21 mg of wholesale water demand. The City’s actual retail water supply in 2020 was 1,826 mg. The City’s total water demand (potable and non-potable) is projected to increase to 981 mg in 2045, 940 mg of which would be from retail customers.90 The City’s total retail water supply is projected to increase to 2,355mg in 2045.

In 2020, the City had the rights to 1,826 acre-feet per year (afy) of retail water supplies with an additional 1,306 afy assuming the acquisition of pending water rights. As shown in Table 6-11a of the UWMP, the City projects the reasonably available retail water supply in 2045 to be 2,355 mg.91

2.19.1.3 ELECTRICITY AND NATURAL GAS
The City owns and operates its own electrical distribution system. The City’s Electric Department is responsible for the operation and maintenance associated with the reliable distribution of electricity to residential and commercial customers, except for the Grove Street neighborhood and the Fitch Mountain area, which are served by Pacific Gas and Electric Company (PG&E). The City acquires wholesale-priced power through the Northern California Power Agency (NCPA). The City’s electrical system is linked to its power sources through an interconnection with the PG&E 60,000-volt transmission line at the City’s Badger Electric Substation, located approximately 1.5 miles from the project site. Two main electrical feeder lines extend from the substation south along First Street and south to the industrial area along Healdsburg Avenue. The substation does not operate at full capacity. Two additional electrical feeder lines extend northerly to the main part of the City through Tayman Park Golf Course.92

2.19.2 Impact Analysis
a. Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Wastewater
The project would include the extension of wastewater collection infrastructure from Dry Creek Road to serve Building 1 and Building 2.
90 City of Healdsburg. 2021. 2020 Urban Water Management Plan Update, p. 25. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/13549/2020-Urban-Water-Management-Plan---Final?bidId= .

Accessed May 2022.
91 City of Healdsburg. 2021. 2020 Urban Water Management Plan Update, p. 25. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/13549/2020-Urban-Water-Management-Plan---Final?bidId= .

Accessed May 2022.
92 City of Healdsburg. 2014. Healdsburg Housing Element: 2015-2023. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/5437/Adopted-Housing-Element. Accessed May 2022.

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96 The Magnolia Lift Station and the WWTP both have capacity to serve the project. The Magnolia Lift Station has a capacity of approximately 8.6 million gpd and experiences maximum daily flows of approximately 0.9 million gpd. Therefore, the system has the hydraulic capacity to accommodate the peak wet weather flows as well as additional flows, including those generated by the project.

The WWTP has a permitted dry weather capacity of 1.4 mgd. Taking the highest average dry weather flow (ADWF) between 2000 and 2008 (0.98 mgd) as the base year, the unused capacity available to accommodate development and growth under 2030 General Plan buildout is a minimum of 0.42 mgd.93,94 Buildout under the 2030 General Plan, which considered development of the project site, is anticipated to generate an estimated wastewater flow of 0.364 mgd. The total resulting flow of 1.34 mgd at buildout would leave an unused capacity of 0.06 mgd. Therefore, there is adequate wastewater treatment capacity to accommodate the increased demand associated with the project.

The 2030 General Plan Update EIR did not find a significant impact due to anticipated developments in relation to wastewater facilities. This project falls under the type of buildout planned for in the 2030 General Plan, as it is consistent with the land use and zoning requirements. No new or expanded wastewater treatment facilities or expansion of existing facilities would be needed to serve the wastewater generated from 58 residential units and approximately 146 new residents. Therefore, impacts would be less than significant.

Water
The project would include the extension of water distribution infrastructure from Dry Creek Road to serve Building 1 and Building 2.

Buildout of the 2030 General Plan, which includes development of the project site, is planned to increase the City’s population to 14,468; less than the population of 14,900 projected for 2025 by the 2003 Water System Master Plan and the 2005 UWMP.95 The City’s combined projected water supplies are sufficient to meet projected demands during normal water supply conditions over the next 25 years. However, during single-dry year and multiple-dry year conditions, when the City’s water supplies are constrained by low flows within the Russian River and Dry Creek, the City would have insufficient water supply to meet demand without implementing conservation measures. Under a worst-case condition (single dry year) the level of needed mandatory conservation could reach 50 percent. In 2014 the City updated Municipal Code Chapter 13.12, Water System, to include Article IV, the Water Shortage Emergency Plan for the City.96 In accordance with the 2020 UWMP, this ordinance will be amended to include further water shortage scenarios.

The 2030 General Plan Update EIR did not find a significant impact due to anticipated developments in relation to the availability of water supplies. Buildout of the 2030 General Plan included development of the project site consistent with land use and zoning requirements including the increase that could occur in association with the development of affordable housing. No new or expanded entitlements would be needed to serve the annual water demand from 58 residential units and approximately 146 new residents and expansion of existing facilities would not be necessary. Therefore, there is adequate water supply to 93 City of Healdsburg. 2014. Healdsburg Housing Element: 2015-2023, p.100. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/5437/Adopted-Housing-Element. Accessed May 2022. 94 City of Healdsburg. 2009. 2030 General Plan Update Revised Draft Environmental Impact Report: Utilities, pp. IV.P-8 - IV.P-9. Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/672/Utilities-PDF. Accessed May 2022. 95 City of Healdsburg. 2014. Healdsburg Housing Element: 2015-2023, p. 102. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/5437/Adopted-Housing-Element. Accessed May 2022. 96 City of Healdsburg. 2014. “ORDINANCE NO. 1134.” Available at:
https://ci.healdsburg.ca.us/DocumentCenter/View/988/Water-Conservation-Ordinance-1134-PDF. Accessed May 2022

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97 accommodate the increased demand associated with additional residential development during the Housing Element planning period (i.e., 2015–2023), including the project. Project impacts would be less than significant.

Electricity and Natural Gas
The project would underground the existing overhead electrical lines along the Dry Creek Road frontage.

The project would also include all-electric buildings with solar panels to generate electricity on-site and would not use natural gas.

The 2030 General Plan anticipated energy demand in the City could grow by 15 to 20 percent in the next few years, primarily because of growth in the northern area of the City, including the project site.97 The Badger Electric Substation is currently operating at about one-half of its capacity and would adequately serve the needs of the project. Additionally, sufficient electric power is available to serve future development through purchase power contracts with the NCPA, possible future additional NCPA generation projects, conservation and load management programs, small self-generation projects, and purchase power contracts through private qualifying facilities. The 2030 General Plan Update EIR did not find a significant impact due to anticipated developments in relation to electricity and natural gas.

Buildout of the 2030 General Plan included development of the project site consistent with land use and zoning requirements. No new or expanded electricity or natural gas sources or expansion of existing facilities would be needed to serve the annual energy demand from 58 residential units and approximately 146 new residents. Therefore, project impacts would be less than significant.

Stormwater
Please refer to Section 2.10, Hydrology and Water Quality, for further information and analysis related to stormwater facilities. Impacts would be less than significant. b. Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
Please refer to analysis under Impact Question (a), above. Impacts would be less than significant. c. Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Please refer to analysis under Impact Question (a), above. Impacts would be less than significant. d. Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Please refer to analysis under Impact Question (e). Impacts would be less than significant. 97 City of Healdsburg. 2014. Healdsburg Housing Element: 2015-2023. Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/5437/Adopted-Housing-Element. Accessed May 2022.

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98 e. Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
The 2030 General Plan Update EIR states that residential uses would generate approximately 11.4 pounds of solid waste per dwelling unit per day.98 Using this ratio, the project would generate approximately 661.2 pounds of solid waste daily (0.33 ton) or approximately 87.4 tons annually.

The City has an exclusive franchise agreement with Recology Sonoma Marin to provide solid waste, recycling and compost service to residents and businesses.99 Solid waste from the City is transferred first to the North County Transfer Station and then transported to landfill sites located outside Sonoma County. Landfills outside of Sonoma County include Redwood Sanitary Landfill near Novato, Potrero Hills Sanitary Landfill near Suisun City, and Altamont Landfill near Livermore. Collectively, these disposal facilities have more than 100 million cubic yards of remaining capacity, which is more than enough to accommodate the solid waste potentially produced by the project. Therefore, impacts to landfills would be less than significant.

Section 4.408.1 of the 2019 CALGreen requires all residential projects to recycle and/or salvage for reuse a minimum of 65 percent of nonhazardous construction and demolition waste as a condition of approval on all building and/or demolition permits. To demonstrate compliance, the project would submit a Construction Waste Management Plan to the City’s Community Development Department.100 The project would be required to comply with all federal, state, and local ordinances for water, energy, and waste reduction and management. The project would be served with curbside solid waste, recycling, and green waste collection service, which are standard services for residential uses in the City. Solid waste disposal must follow the requirements of the contracted waste hauler and receiving landfill. These waste haulers must follow federal, state, and local regulations related to the collection and disposal of solid waste. The project would comply with all construction and operational regulations regarding waste diversion and recycling. Given the project characteristics, no further recycling or waste reduction requirements would be applicable therefore project impacts would be less than significant.

2.19.3 Mitigation Measures
None required.

2.20 WILDFIRE
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
(a) Substantially impair an adopted emergency response
plan or emergency evacuation plan? ☐ ☐ ☐ ☒
98 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report: Utilities.

Available at: https://www.ci.healdsburg.ca.us/DocumentCenter/View/672/Utilities-PDF. Accessed May 2022. 99 City of Healdsburg. 2022. “Solid Waste Services.” Available at: https://www.ci.healdsburg.ca.us/875/Solid-Waste. Accessed May 2022.
100 City of Healdsburg Planning and Building Department. 2022. “Construction Waste Management Plan (CWMP).” Available at:
https://www.ci.healdsburg.ca.us/DocumentCenter/View/12333/Construction-Waste-Management-Plan. Accessed May 2022.

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99 Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
(b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to, pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?
☐ ☐ ☐ ☒
(c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
☐ ☐ ☐ ☒
(d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
☐ ☐ ☐ ☒

2.20.1 Impact Analysis
a. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
The project site is surrounded by industrial and commercial uses and is not within a Very High Fire Hazard Severity Zone (FHSZ) in a State Responsibility Area or Local Responsibility Area.101 As shown on General Plan Figure IV.H-1, Wildland High Fire Hazard Zone, the eastern portion of the City includes hazard zones with moderate to high wildland fire susceptibility due to steepness and vegetative cover.102 These zones are more than 1 mile north and east of the project site. Access to Dry Creek Road and the design of the project driveway would comply with City standards including HFD requirements for emergency access. In compliance with Municipal Code Section 12.12.150, Maintaining Traffic, at least 72 hours in advance written notification of any construction-related lane closures or detours would be given to emergency service providers. Therefore, construction and operation of the project would not substantially impair an adopted emergency response plan or emergency evacuation plan, and no impacts would occur.
b. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Please refer to analysis under Impact Question (d), below. No impact would occur. 101 California Department of Forestry and Fire Protection (CAL FIRE). 2008. Very High Fire Severity Zones in Local Responsibility Areas: Sonoma County. Available at: https://osfm.fire.ca.gov/media/6820/fhszl_map49.pdf. Accessed May 2022.
102 City of Healdsburg. 2009. Healdsburg 2030 General Plan Update Revised Draft Environmental Impact Report:

Figure IV.H 1. Available at: https://ci.healdsburg.ca.us/DocumentCenter/View/713/IVH-1-Wildland-High-Fire-Hazard-ZonePDF. Accessed May 2022.

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100
c. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
Please refer to analysis under Impact Question (d), below. No impact would occur. d. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? The project site is located in an urban area surrounded by commercial and industrial development and infrastructure. As noted above, the project site is not within a mapped Very High, High, or Moderate FHSZ pursuant to CAL FIRE and the 2030 General Plan. The project would add three fire hydrants throughout the project site and underground the existing overhead electrical utility lines along the Dry Creek frontage. Given the project’s location outside of a FHSZ, the project would not expose project occupants to pollutant concentrations from wildfire hazards, would not require the installation or maintenance of any other new infrastructure, and would not expose people or structures to significant risks as a result of post-fire instability including downslope or downstream flooding or landslides.

Therefore, the project would not expose people or structures to significant risks associated with wildland fires and no impact would occur.

2.20.2 Mitigation Measures
None required.

2.21 MANDATORY FINDINGS OF SIGNIFICANCE
Environmental Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
(a) Does the project have the potential to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, substantially reduce the number or
restrict the range of a rare or endangered plant or
animal, or eliminate important examples of the major
periods of California history or prehistory?
☐ ☒ ☐ ☐
(b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable future
projects.)
☐ ☒ ☐ ☐
(c) Does the project have environmental effects which
would cause substantial adverse effects on human
beings, either directly or indirectly?
☐ ☐ ☒ ☐

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Packet Pg. 570 Attachment: Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Dry Creek Commons Project Initial Study/Mitigated Negative Declaration (DR 2022-01) Chapter 2. Environmental Checklist and Responses
101

2.21.1 Impact Analysis
a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory?
The project site is located on the western edge of the City, directly adjacent to Foss Creek and its riparian corridor. The project site is surrounded by commercial and industrial land uses to the north, east, west, and south. Three vegetation communities, comprising four wildlife habitat types, occur within the project site. Mitigation Measure BIO-1 through Mitigation Measure BIO-3 would be implemented to protect plants and wildlife in the area, and Mitigation Measures BIO-2 through Mitigation Measure BIO-5 would be implemented to protect sensitive species, wetlands, and nesting birds; therefore, the project would have a less-than-significant impact on biological resources.

The SMART (formerly Northwestern Pacific Railroad) railroad tracks are east of the project site and were determined eligible for the National Register, but the project would not affect this resource. While not anticipated, if archaeological resources and human remains are found during project construction the project would have a less-than-significant impact with implementation of Mitigation Measures CUL-1 and Mitigation Measure CUL-2. As described in this Initial Study, the project would not degrade the quality of the environment, reduce or threaten any fish or wildlife species (endangered or otherwise), or eliminate important examples of the major periods of California history or pre-history. Therefore, impacts from the project would be less than significant with mitigation incorporated. b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) The project would have less-than significant impacts to aesthetics, air quality, biology, cultural resources, energy, geology and soils, GHGs, hydrology and water quality, noise, traffic, and tribal cultural resources.

Cumulative impacts are assessed as follows:
• Aesthetics. Temporary construction impacts to the visual character would be limited to the public view from Dry Creek Road. Construction impacts would be short-term and temporary, lasting approximately 12 to 18 months, and would be limited to the presence of construction vehicles, equipment, and staging on the project site. Because of the intervening landscaping and limited duration of project construction, the project would not cause impacts to aesthetics that would be cumulatively considerable.
• Air Quality and GHG. According to the BAAQMD’s CEQA Guidelines, if a project’s emissions levels exceed the identified significance thresholds for air quality and GHGs, the emissions would be cumulatively considerable. Construction and operational emissions for the project would not exceed BAAQMD thresholds of significance. Therefore, construction and operations-related air quality and GHG impacts associated with the project would not be cumulatively considerable. • Biological Resources. The project could have potentially significant impacts to sensitive species, wetlands, roosting bats, and nesting birds. However, a qualified biologist would conduct preconstruction surveys and Mitigation Measure BIO-1 through Mitigation Measure BIO-4

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Packet Pg. 571 Attachment: Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Dry Creek Commons Project Initial Study/Mitigated Negative Declaration (DR 2022-01) Chapter 2. Environmental Checklist and Responses
102
identified for impacts to biological resources would fully mitigate all potentially significant biological impacts from construction to a less-than-significant level. Therefore, the project would not cause impacts to biological resources that would be cumulatively considerable. • Cultural and Tribal Cultural Resources. There is no indication of any significant tribal or cultural resources located within the project site. Mitigation Measures CUL-1, CUL-2, and TRI-1 would require the cessation of project construction activities following the discovery of any previously unidentified cultural resources, human remains, or tribal cultural resources. The potential impacts remaining after cessation of project construction activities would be negligible and would not contribute to an incremental impact. Therefore, the project would not cause impacts that would be cumulatively considerable.
• Energy. There are no established thresholds of significance for construction-related energy use.

Cumulative impacts on energy resources would occur if the project would add to a substantial aggregation of impacts related to wasteful, inefficient, or unnecessary energy consumption or conflict with a state or local plan for renewable energy or efficiency. Projects in the County are required to comply with the BAAQMD and the California Green Buildings Standard to reduce construction-related GHG emissions which also reduces energy use. In addition, all projects in the County are required to comply with the County Waste Management Plan by recycling at least 65 percent of all construction waste or demolition material. Therefore, the project would not cause impacts to energy use that would be cumulatively considerable. • Geology and Soils. As described in Section 2.7, Geology and Soils, the project is located in a seismically active area. Mitigation Measure GEO-1 would require the recommendations in the Geotechnical Study Report to be incorporated into project design to ensure the project is designed to resist seismic hazards. In addition, there is no indication of any paleontological resources located in the project area; however, Mitigation Measure GEO-2 would require the cessation of construction activities following the discovery of any previously unidentified paleontological resource. The potential impacts remaining after cessation of project activities would be negligible and would not contribute to an incremental impact. Therefore, the project would not cause impacts to geology and soils that would be cumulatively considerable. • Hydrology and Water Quality. Project construction could cause runoff to adjacent ditches and Foss Creek that could violate water quality standards and result in erosion or siltation. However, compliance with the SWPPP BMPs, which is a standard condition of approval, would prevent contaminated stormwater runoff from entering adjacent drainages during both construction and operation. Therefore, the project would not contribute to cumulative water quality impacts in Foss Creek, adjacent drainages, or wetlands.
• Transportation. The project proposes modifications to Dry Creek Road that would temporarily redirect traffic during project construction; notification of any lane closures or detours would be given to emergency service providers at least 72 hours in advance. The project would contribute vehicular trips to the intersections of U.S. 101 South Ramps/Dry Creek Road and U.S. 101 North Ramps/Dry Creek Road, where future improvements are planned. The project would pay the City’s Traffic Facilities Impact Fees per Resolution 2-2021, which would be expected to offset any cumulative effect on traffic operations associated with the project. The project would incorporate improvements to Dry Creek Road and to the Grove Street/Dry Creek Road intersection to increase the safety of the project. Therefore, the project would not cause impacts to transportation that would be cumulatively considerable. Impacts of construction will be shortterm and temporary, lasting approximately 12 to 18 months. Given the small size of the project, its limited duration, and mitigation measures to reduce all potential impacts, the effects of the project would not contribute to a cumulatively considerable impact.

9.B.m
Packet Pg. 572 Attachment: Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Dry Creek Commons Project Initial Study/Mitigated Negative Declaration (DR 2022-01) Chapter 2. Environmental Checklist and Responses
103
c. Does the project have environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly? A significant impact may occur if a project has the potential to result in significant impacts, as discussed in the previous sections. The project would construct affordable housing, and as described throughout this Initial Study, with required adherence to local, regional, and state regulations and implementation of mitigation measures (where applicable), the project would not result in any significant impacts. Therefore, the project would not have the potential to result in substantial adverse effects on human beings, and impacts would be less than significant with mitigation incorporated.

9.B.m
Packet Pg. 573 Attachment: Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Dry Creek Commons Project Initial Study/Mitigated Negative Declaration (DR 2022-01) Chapter 3. List of Preparers
104
CHAPTER 3. LIST OF PREPARERS

3.1 LEAD AGENCY
Ellen McDowell, Senior Planner
City of Healdsburg, Community Development Department
401 Grove Street
Healdsburg, CA 95448-4723

3.2 PROJECT APPLICANT
Burbank Housing Development Corporation
1425 Corporate Center Parkway
Santa Rosa, California 95407

3.3 ENVIRONMENTAL CONSULTANTS (CEQA)
SWCA Environmental Consultants
95 Third Street, Floor 2
San Francisco, CA 94103
Peter Mye, Project Manager
Kara Laurenson-Wright, Environmental Planner
Charlotte Soergel, Biological Resources
Kerry Boutte, Cultural Resources
Jaimie Jones, Technical Editor
Tim Griffith O’Neill, GIS/Graphics

9.B.m
Packet Pg. 574 Attachment: Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Dry Creek Commons Project Initial Study/Mitigated Negative Declaration (DR 2022-01) Chapter 3. List of Preparers
105
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Packet Pg. 575 Attachment: Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Dry Creek Commons Project
Mitigation Monitoring and
Reporting Program
JULY 2022

PREPARED FOR
City of Healdsburg
Community Development Department
401 Grove Street
Healdsburg, California 95448

PREPARED BY
SWCA Environmental Consultants
95 Third Street, Floor 2
San Francisco, California 94103
(415) 536-2883

9.B.n
Packet Pg. 576 Attachment: Exhibit 3 - Dry Creek MMRP_07-15-2022 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

9.B.n
Packet Pg. 577 Attachment: Exhibit 3 - Dry Creek MMRP_07-15-2022 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) Dry Creek Commons Project Initial Study/Mitigated Negative Declaration (DR 2022-01) Mitigation Monitoring and Reporting Program
City of Healdsburg – Dry Creek Commons Project July, 2022 Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM

1. INTRODUCTION
Where a CEQA document has identified significant environmental effects, Public Resources Code Section 21081.6 requires adoption of a “reporting or monitoring program for the changes to the project which it has adopted or made a condition of a project approval to mitigate or avoid significant effects on the environment.”
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared to provide for the monitoring of mitigation measures required for the Dry Creek Commons Project (the project), as set forth in the Initial Study/Mitigated Negative Declaration (IS/MND).

The City of Healdsburg (City) is the Lead Agency that must adopt the MMRP for development and operation of the project. This report will be kept on file with the City of Healdsburg Community Development Department, 401 Grove Street, Healdsburg, CA.

The CEQA Statutes and Guidelines provide direction for clarifying and managing the complex relationships between a Lead Agency and other agencies with implementing and monitoring mitigation measures. In accordance with CEQA Guidelines Section 15097(d), “each agency has the discretion to choose its own approach to monitoring or reporting; and each agency has its own special expertise.” This discretion will be exercised by implementing agencies at the time they undertake any of portion of the project, as identified in the MND.

2. PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM The intent of the MMRP is to ensure the effective implementation and enforcement of adopted mitigation measures. Additionally, for the purposes of public disclosure and to assist in monitoring compliance, the MMRP identifies actions necessary to comply with relevant regulatory requirements discussed in the MND. The MMRP is intended to be used by City staff and others responsible for project implementation.

A lead agency may rely on compliance with applicable laws and regulations in determining that a proposed project will result in a less than significant impact. (See San Francisco Tomorrow v. City and County of San Francisco (2014) 229 Cal.App.4th 49, 525 [holding the City properly relied on compliance with building codes and related regulations in determining the proposed project would not result in potential safety hazards].) As a standard condition of approval, the City requires applicants comply with federal and state laws and regulations as well as standard City requirements that are applicable to a proposed project.

The timing is the point(s) at which the mitigation measure/standard/regulatory requirement must be monitored for compliance. In many cases, the first step in compliance will be to initiate compliance with the subject mitigation measure/standard/regulatory requirement.

3. ROLES AND RESPONSIBILITIES
The project applicant is responsible for fully understanding and effectively implementing the mitigation measures/standards/regulatory requirements contained within the MMRP, as directed by the City. The City is responsible for overall administration/enforcement of the MMRP.

9.B.n
Packet Pg. 578 Attachment: Exhibit 3 - Dry Creek MMRP_07-15-2022 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) Dry Creek Commons Project Initial Study/Mitigated Negative Declaration (DR 2022-01) Mitigation Monitoring and Reporting Program
City of Healdsburg – Dry Creek Commons Project July, 2022 Mitigation Monitoring and Reporting Program

4. CHANGES TO MITIGATION MONITORING AND REPORTING PROGRAM Any substantive change in the MMRP shall be reported in writing. Modifications to the requirements of the MMRP may be made by the City subject to one of the following findings, documented by evidence included in the public record:
• The requirement included in the adopted MND and the MMRP is no longer required because the significant environmental impact identified in the IS/MND has been found not to exist, or to occur at a level which makes the impact less than significant as a result of changes in the project, changes in environment conditions, or other factors.

OR,
• The modified or substitute mitigation measure provides a level of environmental protection equal to, or greater than that afforded by the mitigation measure included in the IS/MND and the MMRP; and,
• The modified or substitute mitigation measure or measures do not have significant adverse effects on the environment in addition to, or greater than those which were considered by the responsible hearing bodies in their decisions on the IS/MND and the proposed project; and, • The modified or substitute mitigation measures are feasible, and the City or, where applicable, other public agencies, through measures included in the MMRP or applicable regulations, can ensure implementation.

Findings and related documentation supporting the findings involving modifications to mitigation measures, including a determination whether further environmental review is required (see CEQA Guidelines Sections 15162-15164), shall be maintained in the project file with this MMRP and shall be made available to the public upon request.

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Packet Pg. 579 Attachment: Exhibit 3 - Dry Creek MMRP_07-15-2022 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) Major Design Review 2022-01
Dry Creek Commons Project

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Healdsburg City CouncilSeptember 5, 2023

Healdsburg City Council
September 5, 2023