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

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM FOR
Dry Creek Commons Project Draft Initial Study/Mitigated Negative Declaration 155 Dry Creek Road, City of Healdsburg, Sonoma County, California (Includes Text for Adopted Mitigation Measures)

MITIGATION MEASURES

MITIGATION MEASURES
Biological Resources Mitigation Measures
Mitigation Measure BIO-1: Western Pond Turtle Pre-Construction Survey
To prevent take of individuals, a pre-construction 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 site. If no western pond turtles are observed, no further action is required.

If pond turtles are observed in the grasslands, the California Division 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 Division 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 pre-construction survey for western pond turtle shall be conducted.

Project Applicant and
Qualified Biologist
Pre-Construction Survey to
be prepared by Qualified
Biologist
Periodic on-site inspection
and monitoring
Project Applicant and Qualified
Biologist
City of Healdsburg
Date: _______
Initials: _______
Date: _______
Initials: _______
Mitigation Measure 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:

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 preconstruction 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.

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MITIGATION MEASURES

3. If active bird nests (either passerine and/or raptor) are observed during the pre-construction 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 CDFW.

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 will be no restrictions on grading or construction activities outside the prescribed buffer zones.

Mitigation Measure 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. Twostep tree removal must only occur during seasonal periods of bat activity, as follows:

1. 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

2. 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).

Project Applicant and
Qualified Bat Biologist
Pre-Construction Survey to
be prepared by Qualified
Bat Biologist
Periodic on-site inspection
and monitoring
Project Applicant and Qualified
Bat Biologist
City of Healdsburg
Date: _______
Initials: _______
Date: _______
Initials: _______

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MITIGATION MEASURES

Army Corps of Engineers along with a Section 401 water quality certification from the Regional Water Quality Control Board for the 0.25- acre impact to the seasonal wetlands. A detailed wetland mitigation plan would be developed as part of the permit process.

Project Applicant
Consultant to submit
detailed mitigation plan
to obtain Section 404 and
Section 401 permits
Prior to issuance of grading
permit.

Implementation of wetland
mitigation measure
conditions
Project Applicant Consultant
City of Healdsburg
Date: _______
Initials:_______
Date: _______
Initials: _______
Cultural Resources Mitigation Measures
Mitigation Measure CUL-1: Accidental Discovery of Archaeological Resources
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 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, rivertumbled stones; and for some rare sites, locally darkened soil that generally Project Applicant and
Qualified Archaeologist
During construction and/or
when an archaeological
resource is uncovered.

On-site inspection,
provision of Section
15065.5 permit(s); copy of
Department of parks and
Recreation Form(s) 523
City of Healdsburg Date: _______
Initials: _______

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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.

Mitigation Measure CUL-2: Accidental Discovery of Human Remains 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.

Project Applicant
Construction Contractor
During site disturbance and
construction when human
remains are found
City of Healdsburg; County
Coroner
If County Coroner identifies
human remains as Native
American, the Native American
Heritage Commission shall be
contacted.

Date:_______
Initials: _______
Date: _______
Initials: _______

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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.

Geology and Soils Mitigation Measures
Mitigation Measure 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.

Project Applicant
Construction Contractor
Review of site plans prior
to issuance of grading and
building permits and onsite inspection
City of Healdsburg Date: _______
Initials: _______

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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 grounddisturbing 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 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 ground-disturbing 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.

Project Applicant and
Qualified Paleontologist
During construction and/or
when a paleontological
resource is uncovered.

City of Healdsburg Date: _______
Initials: _______

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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.

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ADOPTED AS CONDITIONS OF APPROVAL
Responsibility for
Implementation Mitigation Schedule
Monitoring/Reporting
Responsibility
Monitoring
Actions
Schedule and
Verification of
Compliance
City of Healdsburg – Dry Creek Commons Project July, 2022 Mitigation Monitoring and Reporting Program 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, 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.

Tribal Cultural Resources Mitigation Measures
Mitigation Measure TRI-1: Accidental Discovery of Tribal Cultural Resources
In the event that tribal cultural resources are encountered during the course of the project, all such activities within 50 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 PRC Section 21074 (a)(2).

Project Applicant and
Qualified Archaeologist
During construction and/or
when a potential tribal
cultural resource is
uncovered.

City of Healdsburg
Native American Heritage
Commission
Date: _______
Initials: _______

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ADOPTED AS CONDITIONS OF APPROVAL
Responsibility for
Implementation Mitigation Schedule
Monitoring/Reporting
Responsibility
Monitoring
Actions
Schedule and
Verification of
Compliance

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Packet Pg. 588 Attachment: Exhibit 3 - Dry Creek MMRP_07-15-2022 (4165 : Disposition and Development Agreement - Dry Creek Commons Project
Final Initial Study/
Mitigated Negative Declaration
SEPTEMBER 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. 589 Attachment: Exhibit 4 - Final Dry Creek ISMND_09-12-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project)

DRY CREEK COMMONS PROJECT

FINAL 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
September 2022

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Packet Pg. 590 Attachment: Exhibit 4 - Final Dry Creek ISMND_09-12-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) City of Healdsburg – Dry Creek Commons Project
Final Initial Study/Mitigated Negative Declaration (DR 2022-01) Table of Contents i

TABLE OF CONTENTS
Section 1. Introduction ............................................................................................................................. 1

1.1 Purpose.......................................................................................................................................... 1 Section 2. Responses to Written Comments........................................................................................... 2

2.1 List of Authors.............................................................................................................................. 2

2.2 Responses to Written Comments.................................................................................................. 2 Section 3. Revisions to Public Review Draft IS/MND ......................................................................... 16

3.1 Overview..................................................................................................................................... 16

3.2 Revisions in Response to Specific Comments............................................................................ 16

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Final Initial Study/Mitigated Negative Declaration (DR 2022-01) Introduction 1 SECTION 1. INTRODUCTION

1.1 PURPOSE
The Public Review Draft Initial Study/Mitigated Negative Declaration (Public Review Draft IS/MND) for the Dry Creek Commons Project at 155 Dry Creek Road (project) was published and circulated for public review for a 30-day period starting on July 15, 2022 and ending on August 15, 2022. One public agency provided comments on the Public Review Draft IS/MND on August 17, 2022. Although not required by the California Environmental Quality Act (CEQA) and State CEQA Guidelines, the City of Healdsburg (City) has evaluated the comments received on the Public Review Draft IS/MND. The Responses to Comments and Revisions to the Public Review Draft IS/MND, which are included in this document, together with the Public Review Draft IS/MND, the Public Review Draft IS/MND Appendices, and the Mitigation Monitoring and Reporting Program (MMRP), comprise the Final IS/MND for use by the City in its review and consideration of the project.

This document is organized into three sections:
• Section 1: Introduction
• Section 2: Responses to Written Comments: Provides a list of the agencies, organizations, and individuals who commented on the Public Review Draft IS/MND. Copies of all of the letters received regarding the Public Review Draft IS/MND and responses thereto are included in this section.
• Section 3: Revisions to Public Review Draft IS/MND: Includes an addendum listing refinements and clarifications on the Public Review Draft IS/MND, which have been incorporated.

The Final IS/MND is made up of the following:
• Public Review Draft IS/MND (provided under separate cover) • Public Review Draft IS/MND Appendices (provided under separate cover) • Responses to Written Comments and Revisions to Public Review Draft IS/MND (Sections 2 and 3 of this document)
• Mitigation Monitoring and Reporting Program (provided under separate cover)

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Packet Pg. 592 Attachment: Exhibit 4 - Final Dry Creek ISMND_09-12-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) City of Healdsburg – Dry Creek Commons Project
Final Initial Study/Mitigated Negative Declaration (DR 2022-01) Responses to Written Comments 2 SECTION 2. RESPONSES TO WRITTEN COMMENTS

2.1 LIST OF AUTHORS
One public agency provided comments on the Public Review Draft IS/MND for the Dry Creek Commons Project at 155 Dry Creek Road, which are presented below. The comment letter is reprinted and followed by the corresponding responses. Individual comments within the letter have been bracketed and numbered so comments can be cross-referenced with responses.

Author Author Code
California Department of Fish and Wildlife, dated August 17, 2022 ..................................................CDFW

2.2 RESPONSES TO WRITTEN COMMENTS

2.2.1 Introduction
In accordance with State CEQA Guidelines Section 15088, the City of Healdsburg, as the lead agency, evaluated the comments received on the Public Review Draft IS/MND and has prepared the following responses to the comments received. This Response to Comments document becomes part of the Final IS/MND for the project in accordance with State CEQA Guidelines Section 15132.

2.2.2 Comment Letter and Responses
The bracketed and numbered California Department of Fish and Wildlife (CDFW) comment letter is reproduced in the following pages.

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Packet Pg. 593 Attachment: Exhibit 4 - Final Dry Creek ISMND_09-12-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) City of Healdsburg – Dry Creek Commons Project
Final Initial Study/Mitigated Negative Declaration (DR 2022-01) Responses to Written Comments 3 Letter 1

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Final Initial Study/Mitigated Negative Declaration (DR 2022-01) Responses to Written Comments 11 STATE AGENCY: CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE (CDFW) Response to CDFW Comment 1-1
The comment is an introductory statement and does not address the adequacy of the Public Review Draft IS/MND. No further response is required.

Response to CDFW Comment 1-2
The comment provides an overview of the CDFW’s role as Trustee Agency and/or Responsible Agency in the regulatory process. The CDFW’s role as a Trustee Agency and/or Responsible Agency is acknowledged. This comment is acknowledged; it does not address the adequacy of the Public Review Draft IS/MND, and no further response is required.

Response to CDFW Comment 1-3
The comment provides an overview of the California Endangered Species Act (CESA) and requirements to obtain a CESA permit. The comment notes that CEQA requires a Mandatory Finding of Significance if a project is likely to substantially restrict the range or reduce the population of a threatened or endangered species. A discussion related to Burke’s goldfields (Lasthenia burkei), Sonoma sunshine (Blennosperma bakeri), the biological resource analysis in the Public Review Draft IS/MND, and the supporting technical background study—the Biological Resource Assessment (BRA)—is included under Response to CDFW Comment 1-8.

Response to CDFW Comment 1-4
The comment notes that the CDFW requires a Lake and Streambed Alteration (LSA) Notification, pursuant to California Fish and Game Code Section 1600 et seq., for project activities affecting lakes or streams and associated riparian habitat. The comment asserts the project would impact unnamed wetland tributaries to Foss Creek; therefore, an LSA Notification and Agreement is warranted. A discussion related to CDFW jurisdiction, the need for an LSA Notification and Agreement, and Mitigation Measure BIO-4 (Section 404 Permit and 401 Certification) associated with the project’s wetland impacts is included under Response to CDFW Comment 1-10.

Response to CDFW Comment 1-5
The comment reaffirms the CDFW’s jurisdiction over actions that may result in the disturbance or destruction of active nest sites or the unauthorized take of raptors, nesting, and/or migratory birds. The CDFW requirements associated with the California Fish and Game Code and federal requirements associated with the Migratory Bird Treaty Act (MBTA) are acknowledged and understood. As noted in the Public Review Draft IS/MND (p. 33 and pp. 35–36) and the BRA (pp. 10–11 and 14–16), potential impacts on nesting passerines, nesting raptors, and/or migratory birds are discussed, and Mitigation Measure BIO-2 (Passerines and Raptors) is identified to reduce the impact to less-than-significant levels.

This comment is acknowledged; it does not address the adequacy of the Public Review Draft IS/MND, and no further response is required.

Response to CDFW Comment 1-6
The comment provides a summary of the project description and location. This comment is acknowledged; it does not address the adequacy of the Public Review Draft IS/MND, and no further response is required.

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Packet Pg. 602 Attachment: Exhibit 4 - Final Dry Creek ISMND_09-12-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) City of Healdsburg – Dry Creek Commons Project
Final Initial Study/Mitigated Negative Declaration (DR 2022-01) Responses to Written Comments 12 Response to CDFW Comment 1-7
The comment is an introductory statement about CDFW comments and recommendations related to the project. This comment is acknowledged; it does not address the adequacy of the Public Review Draft IS/MND. No further response is required.

Response to CDFW Comment 1-8
The comment asserts that the Public Review Draft IS/MND did not identify potential impacts to Burke’s goldfields and Sonoma sunshine due to the removal of 0.25 acre of seasonal wetlands, which could be potential habitat for these special-status plant species. As a result, the CDFW recommended mitigation to include time-appropriate pre-construction surveys for Burke’s goldfields and Sonoma sunshine. 1 Representatives from Burbank Housing, Jane Valerius Environmental Consulting (JVEC), and the CDFW held a conference call on August 25, 2022, to discuss the CDFW recommendations in their August 17, 2022, comment letter. The contents of the call were recorded in an August 29, 2022, memorandum prepared by JVEC. Clarifications to original CDFW comments and recommendations related to potential occurrence of Burke’s goldfields and Sonoma sunshine were confirmed by James Hansen (CDFW) in a September 1, 2022, email.
2 As summarized below, the information provided in the Public Review Draft IS/MND and BRA, included as Appendix C-1 of the Public Review Draft IS/MND, indicates that no special-status plants were found on the project site and that suitable habitat does not currently exist on the project site to support special-status plants such as the Burke’s goldfields and Sonoma sunshine. As stated, the CDFW agreed that evidence in the record indicates the site does not contain suitable habitat for special-status plants such as the Burke’s goldfields and Sonoma sunshine.

As discussed in the Public Review Draft IS/MND (pp. 33–34) and documented in the BRA, protocollevel seasonal surveys for special-status plants were conducted on April 27, May 13, and June 9, 2021, to cover the flowering period for all special-status plants with the potential to occur based on the presence of potential habitat, including Burke’s goldfields and Sonoma sunshine (see Appendix C-1 of the Public Review Draft IS/MND, p. 14 and Figure 3). The BRA evaluated the potential for occurrence of 46 special-status plant species. Of the 46 special-status plant species identified, including Burke’s goldfields and Sonoma sunshine, only four had the potential to occur on the parcel and none were identified during any of the protocol-level surveys conducted on the parcel; therefore, no further plant surveys were required or conducted. For a list of every potentially occurring special-status plant species and special-status plant species observed when the protocol-level surveys were conducted, refer to Appendix C-1 of the Public Review Draft IS/MND (see BRA Appendix B, pp. 32 and 35, for SpecialStatus Plant Species Potentially Occurring in the Study Area and BRA Appendix E, pp. 45–46, for Plant Species Observed on April 27, May 13, and June 9, 2021).

As noted in the BRA appendices, Burke’s goldfields and Sonoma sunshine were not present on the site because the site does not provide suitable habitat (valley and foothill grassland [mesic], vernal pools at elevations between 11 and 110 meters; and meadows and seeps [mesic], vernal pools at elevations between 15 and 600 meters, respectively). This is due to the fact that the project site is dominated by a 1 The project site is not located within the Santa Rosa Plains Conservation Strategy Area. California Department of Fish and Wildlife (CDFW). 2005. Santa Rosa Plain Conservation Strategy, Figure 1: Santa Rosa Plain Conservation Strategy Study Area. Prepared on November 25. Available at: https://www.fws.gov/sites/default/files/documents/2-Figures-1-to-5-SantaRosa-Plain-508.pdf. Accessed September 2022. 2 Memorandum from Jane Valerius Environmental Consulting to James Hansen (Environmental Scientist, CDFW) re: Dry Creek Commons Project, Mitigated Negative Declaration, SCH No. 2022070272, City of Healdsburg, Sonoma County; and Email from James Hansen (Environmental Scientist, CDFW) to Karen Massey (Senior Project Manager, Burbank Housing) re: Dry Creek Commons MND Response to comments; SCH No. 2022070272, September 1, 2022.

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Packet Pg. 603 Attachment: Exhibit 4 - Final Dry Creek ISMND_09-12-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) City of Healdsburg – Dry Creek Commons Project
Final Initial Study/Mitigated Negative Declaration (DR 2022-01) Responses to Written Comments 13 very dense cover of non-native species and, therefore, is not good habitat for special-status plants.

The project site also lacks the proper hydrology/hydroperiod for vernal pool plants and the soils that are generally associated with vernal pools and these listed special-status plant species. The protocol-level plant surveys further determined the absence of any vernal pool associates, including semaphore grass (Pleuropogon californicus), coyote thistle (Eryngium armatum), calico flower (Downingia concolor), popcorn flower (Plagiobothrys spp.), and many flowered navarretia (Navarretia leucocephala ssp. plieantha). Based on the results of the protocol-level surveys for special status-plant species, the potential for occurrence, and the fact that the high floodplain terrace wetlands found on the project site do not provide suitable habitat for Burke’s goldfields and Sonoma sunshine, the removal of 0.25 acre of seasonal wetland habitat would not result in significant impacts to special-status plant species, and mitigation would not be required.

Revisions Section 2.4, Biological Resources (pp. 31–36), of the Public Review Draft IS/MND are not proposed and no further response is required.

Response to CDFW Comment 1-9
The comment asserts that the Public Review Draft IS/MND did not identify potential impacts to foothill yellow-legged frog (Rana boylii) Northwest/North Coast Clade due to the removal of 0.25 acre of seasonal wetlands, which could function as potential, albeit marginal, dispersal habitat for foothill yellowlegged frog. The CDFW recommended a mitigation measure to conduct a pre-construction survey for foothill yellow-legged frog. As detailed below, a pre-construction survey for foothill yellow-legged frog will be incorporated into the project as a component of Mitigation Measure BIO-1 (Western Pond Turtle Pre-Construction Survey) to prevent the take of an individual.

As discussed in the Public Review Draft IS/MND (p. 32), the BRA evaluated the potential for occurrence of 38 special-status wildlife species to occur on the project site (see Appendix C-1 of the Public Review Draft IS/MND, p. iv). The BRA identified 11 special-status wildlife species with potential to occur within the larger study area and nine special-status wildlife species with potential to occur within the proposed project impact area; however, no focused surveys for any special-status wildlife species were conducted.

The BRA identified foothill yellow-legged frog as potentially occurring but determined that the site does not provide suitable breeding habitat (i.e., permanent stream pools, creeks with emergent and/or riparian vegetation, and/or cobble-stone habitat), and that no impact would occur to eggs, tadpoles, or breeding adults. Refer to BRA Appendix D (p. 40) for Special Status Animals Potentially Occurring in the Study Area and Appendix F (p. 47) for Wildlife Species Observed on May 13, 2021.

As noted in the BRA (p. 5), none of the wetlands support ponding water but rather “provide an aboveground moisture that is important to amphibians as they move across a landscape. Amphibian species potentially using the fresh emergent wetland include the Sierran chorus frog (Pseudacris sierra) and western toad (Bufo boreas) when they move away from water bodies to forage on terrestrial invertebrates.” Although the high floodplain terrace wetlands and grasslands found on the project site east of the 35-foot-wide riparian setback may not provide suitable breeding habitat for foothill yellow-legged frog, it may provide marginal dispersal habitat for this species.

Thus, with regard to potential impacts to species of special concern, the CDFW’s recommendation to add a pre-construction survey for foothill yellow-legged frog will be included as an additional component of Mitigation Measure BIO-1 to prevent the take of an individual. The required pre-construction survey for the foothill yellow-legged frog would be conducted in the dispersal habitat/movement corridor of the grassland and wetland habitats concurrent with the survey required for the western pond turtle (Emys marmorata) under Mitigation Measure BIO-1 and will utilize the same surveying methodology as required for the western pond turtle. If foothill yellow-legged frog is not found, no further action will be

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Packet Pg. 604 Attachment: Exhibit 4 - Final Dry Creek ISMND_09-12-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) City of Healdsburg – Dry Creek Commons Project
Final Initial Study/Mitigated Negative Declaration (DR 2022-01) Responses to Written Comments 14 taken. If foothill yellow-legged frog is found, the CDFW will be notified, and a relocation plan will be developed with the CDFW to prevent take of individuals.

With the inclusion of the pre-construction survey for foothill yellow-legged frog in Mitigation Measure BIO-1, potential impacts to this species of special concern would continue to be less than significant with mitigation.

Please refer to Section 3, Revisions to Public Review Draft IS/MND, for the revised language in Section 2.4, Biological Resources (pp. 33 and 35), of the Public Review Draft IS/MND, including Mitigation Measure BIO-1.

Response to CDFW Comment 1-10
The comment asserts that an LSA Notification and Agreement would need to be filed and obtained for this project and would likely require the CDFW’s recommended mitigation for wetland impacts. The comment further asserts that Mitigation Measure BIO-3 (Tree Roosting Bats Pre-Construction Survey) may not reduce riparian habitat to less than significant with mitigation. The comment incorrectly identified Mitigation Measure BIO-3 (Tree Roosting Bats Pre-Construction Survey) as the applicable riparian habitat mitigation measure. Mitigation Measure BIO-4 (Section 404 Permit and 401 Certification) is the relevant wetland impact mitigation measure.

Representatives from Burbank Housing, JVEC, and the CDFW held a conference call on August 25, 2022, to discuss the CDFW recommendations in their August 17, 2022, comment letter. The contents of the call were recorded in an August 29, 2022, memorandum prepared by JVEC. Clarifications to original CDFW comments and recommendations related to CDFW jurisdiction and wetland impacts were confirmed by James Hansen (CDFW) in an August 29, 2022, email. 3 As summarized below, the
information provided in the Public Review Draft IS/MND, BRA (Appendix C-1 of the Public Review Draft IS/MND), and communications between Burbank Housing, JVEC, and the CDFW shows that the project will not cause direct impacts to CDFW jurisdictional wetland features because there is no direct overland flow from the 0.25 acre of impacted wetlands to Foss Creek. Because the project would not propose any activity or improvements in the bed, bank, or channel of Foss Creek and will not cause direct impacts to CDFW jurisdictional wetland features, an LSA Notification would not need to be filed and an LSA Agreement would not need to be obtained for the project.

Seasonal wetlands on-site occur as two features: Wetland W-1 and Wetland W-2. Wetland W-1 is

0.53 acre and occurs in the south-central portion of the 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. Water to Wetland W-1 is primarily from direct precipitation and surface and subsurface runoff from the project site. Under normal rainfall years, only the extreme southwest corner of the project site may pond water; the ponded water does not appear to overtop the outlet barrier located along the western end of the wetland. Therefore, there is no direct discharge into Foss Creek in this area.

Wetland W-2 is 0.04 acre and fed by a storm drain culvert under the railroad tracks that flows onto the property and towards Norton Slough/Foss Creek in an east–west direction. A berm located along the top of bank of Foss Creek prevents water from flowing into the creek in this area of the site near its northern boundary. There is no culvert or pipe at this location and therefore no direct discharge into Foss Creek in this area. Thus, the seasonal wetlands are high floodplain terrace wetlands that do not have a direct 3 Memorandum from Jane Valerius Environmental Consulting to James Hansen (Environmental Scientist, CDFW) re: Dry Creek Commons Project, Mitigated Negative Declaration, SCH No. 2022070272, City of Healdsburg, Sonoma County; and Email from James Hansen (Environmental Scientist, CDFW) to Karen Massey (Senior Project Manager, Burbank Housing) re: Dry Creek Commons MND Response to comments; SCH No. 2022070272, August 29, 2022.

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Packet Pg. 605 Attachment: Exhibit 4 - Final Dry Creek ISMND_09-12-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) City of Healdsburg – Dry Creek Commons Project
Final Initial Study/Mitigated Negative Declaration (DR 2022-01) Responses to Written Comments 15 hydrologic connection to Foss Creek. Given that there is no direct overland flow from the wetlands to Foss Creek, no impact to CDFW jurisdictional features would occur as a result of this project; therefore, no CDFW mitigation is required.

Response to CDFW Comment 1-11
The comment requests that any special-status species and natural communities detected during project surveys be reported to the California Natural Diversity Database (CNDDB). The CDFW comment to submit special-status and natural community observations to the CNDDB is acknowledged. A CNDDB occurrence form will be submitted if any special-status species are observed on the project site. This comment is acknowledged; it does not address the adequacy of the Public Review Draft IS/MND, and no further response is required.

Response to CDFW Comment 1-12
The comment notes the filing fees required by CDFW upon filing the Notice of Determination (NOD) by the Lead Agency. The project applicant will pay the CDFW filing fee and County Clerk processing fee with filing of the NOD. This comment is acknowledged; it does not address the adequacy of the Public Review Draft IS/MND, and no further response is required.

Response to CDFW Comment 1-13
The comment is a conclusion statement. This comment is acknowledged; it does not address the adequacy of the Public Review Draft IS/MND, and no further response is required.

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Packet Pg. 606 Attachment: Exhibit 4 - Final Dry Creek ISMND_09-12-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) City of Healdsburg – Dry Creek Commons Project
Final Initial Study/Mitigated Negative Declaration (DR 2022-01) Revisions to Public Review Draft IS/MND 16 SECTION 3. REVISIONS TO PUBLIC REVIEW DRAFT
IS/MND

3.1 OVERVIEW
The following are revisions to the Public Review Draft IS/MND for the Dry Creek Commons Project at 155 Dry Creek Road. These revisions are minor modifications and clarifications to the document, and do not change the significance of any of the environmental issue conclusions within the Public Review Draft IS/MND. The revisions are listed by page number. All additions to the text are double-underlined (underlined) and all deletions from the text are shown in strikethrough.

3.2 REVISIONS IN RESPONSE TO SPECIFIC COMMENTS

3.2.1 Section 2.4 Biological Resources
In response to CDFW Comment 1-9, text on page 33 of the Public Review Draft IS/MND is hereby revised as follows:

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

In response to CDFW Comment 1-9, Mitigation Measure BIO-1 on page 35 of the Public Review Draft IS/MND is hereby revised as follows:

BIO-1 Western Pond Turtle and Foothill Yellow-Legged Frog Pre-Construction Surveys.

To prevent take of western pond turtle and/or foothill yellow legged-frog individuals, a preconstruction survey shall be conducted for both species. The pre-construction survey shall be conducted within 7 days prior to groundbreaking activities between January 1 and June 30 in the grasslands and seasonal wetland habitats within the project impact area on the project site.

If no western pond turtles or foothill yellow-legged frogs are observed, no further action is required. If western pond turtles or foothill yellow-legged frogs are observed in the grasslands or seasonal wetland habitats, the California Department of Fish and Wildlife (CDFW) 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 CDFW. This may be as simple as establishing a drift fence and/or exclusion fence around the project impact area to prevent western pond turtles and/or foothill yellow-legged frogs from moving into the project impact area. If required by the CDFW, a Qualified Biologist shall prepare and implement a western pond turtle or foothill yellow-legged frog relocation plan.

If construction is delayed for more than 30 days from the survey, another pre-construction survey for western pond turtles and foothill yellow-legged frogs shall be conducted.

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Packet Pg. 607 Attachment: Exhibit 4 - Final Dry Creek ISMND_09-12-22 (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) 8/30/2023 – Page 1

CITY OF HEALDSBURG

CITY COUNCIL FUTURE AGENDA ITEMS
(NOTE: The schedule is tentative and subject to change pending final publication and posting of the City Council meeting agenda) September 18, 2023 Pollution Prevention Week and Creek Week Proclamation Bioswale and Right of Way Landscape Maintenance
Boundary Line Agreement – 444 Healdsburg Avenue
Accept FY 24-25 CDBG-CV grant funds for the L&M Village Professional Services Agreement with The Housing Land Trust of Sonoma County for Housing monitoring services
Records Destruction Authorization
YWCA Preschool Lease Agreement
Housing Element Work Group Reorganization & Professional Services Agreement for Housing Needs Assessment
Downtown Housing Capacity Study Award
October 2, 20223 Proclamation recognizing October 2-8, 2023 as International Active Aging Week Domestic Violence Awareness Month Proclamation
Employee Anniversaries – Matt Milde – 5 years, Larry Unsworth – 5 years, Mack Montanye – 10 years, Frank Patane – 10 years, Mike Courts – 25 years, Christina Ramos – 40 years Amend Special Event Policy and Chapter 12.24 of Municipal Code Water and Wastewater Cost of Service and Rate Review Consulting Agreement Establish the proposed Healdsburg Ave Underground Utility District Budget Professional Services Agreement to Provide Engineering Design Services for the Grove Street Neighborhood Plan Implementation Project
Community Services Deferred Maintenance Plan
Vehicle Miles Traveled Policy
Healdsburg Wine and Food Agreement

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Packet Pg. 608 Attachment: Agenda Planning Sheet (4170 : Future Agenda Items - September 5, 2023) 8/30/2023 – Page 2
October 16, 2023
Proposed Adoption of Climate Mobilization Strategy
Foley Family Community Pavilion Bid Award
October 23, 2023
Special Meeting Diversity, Equity and Inclusion Plan Work Session November 6, 2023 Employee Anniversaries – Rosa Gutierrez – 20 years, Kenneth Damos-Deurloo – 5 years, Paul Fleckenstein – 35 years as a reserve firefighter
Cultural Trust Fund Amendment
2024 Special Event Requests
Amend Special Event Policy and Chapter 12.24 of Municipal Code – 2nd reading November 13, 2023
Special Meeting Cannabis Workshop
November 20, 2023
2024 City Council Meeting Calendar
December 4, 2023 Employee Anniversaries – Rob Scates – 20 years, William Van Vleck – 10 years December 18, 2023
Selection of Mayor and Vice Mayor for 2024
Council appointments to Boards and Commissions for 2024 Local Appointments List – Maddy Act
(NOTE: The schedule is tentative and subject to change pending final publication and posting of the City Council meeting agenda)

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Packet Pg. 609 Attachment: Agenda Planning Sheet (4170 : Future Agenda Items - September 5, 2023)

Healdsburg City CouncilSeptember 5, 2023

Healdsburg City Council
September 5, 2023