Sebastopol City Council
April 2, 2024

RESOLUTION NO. -2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL CERTIFY THE

ENVIRONMENTAL IMPACT REPORT (EIR) AND ADOPTING FINDINGS PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FOR THE PROPERTY AT 1009 AND 1011 GRAVENSTEIN HIGHWAY NORTH (APN 060-261-026, 060-261-028)
WHEREAS, the City of Sebastopol completed a comprehensive General Plan update with adoption of a new General Plan on November 15, 2016; and WHEREAS, the City of Sebastopol completed a Housing Element Update to the General Plan with adoption of a new Housing Element on January 3, 2023, and Certified by the State of California Department of Housing and Community Development (HCD) on March 7, 2023; and,
WHEREAS, an application for a Conditional Use Permit for residential development in a Office Light Industrial district, a State Density Bonus for building height, and a Vesting Tentative Map for an 80-Unit townhome project known as Canopy (the “Project”), was filed on April 21st, 2023, by Samantha Hauser / City Ventures, which consists of subdividing two vacant parcels, 6.1 acres (APN 060-261-026, 060-261-028) into a two-lot subdivision with a condominium map for 80 units plus common areas, with 107,200 square feet of private open space. The Project will develop 80 townhome units, landscaped areas, and parking. Parking will be provided via a surface parking lot on site as well as garage parking for all of the units; and
WHEREAS, the Project was the subject of an Environmental Impact Report prepared in compliance with the California Environmental Quality Act (CEQA), which was circulated for public comment from December 7, 2023 to January 24, 2024, including CEQAnet and the Federated Indians of the Graton Rancheria, consistent with local and State CEQA requirements;
WHEREAS, two comments were received from State agencies (CalTrans and Department of Toxic Substances) and are included within the Final EIR response to comments, and no tribal consultation pursuant to California Public Resources Code Section 21080.3.1 was requested by the Federated Indians of Graton Rancheria; and WHEREAS, thirteen written public comments and one written memo of comments received via phone call were received related to the Draft Environmental Impact Report component of the Project; and
WHEREAS, the Environmental Impact Report identifies significant impacts reduced to less than significant with the implementation of mitigation measures for the following sections; Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

Soil, Greenhouse Gas, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation, and Tribal Cultural Resources; and WHEREAS, there are available feasible mitigation measures listed below that would reduce these impacts below less than significant and would be applied to the Project as conditions of approval refer to the MMRP (Exhibit D) for the full mitigation measures identified in the Final EIR and adopted and incorporated into the project:

1.Aesthetics Impact AES-2. The proposed project would not substantially damage scenic resources including trees, rock outcroppings, or historic buildings within view of a state scenic highway. Potentially significant impacts related to trees would be reduced to a less than significant level with implementation of Mitigation Measure BIO-2.

2.Aesthetics Impact AES-4. The proposed project would introduce nighttime light sources associated with lighting of proposed buildings and could introduce glare associated with onsite residences and associated passenger vehicles. The project would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area. Potentially significant impacts related to outdoor lighting would be reduced to a less than significant level with Mitigation Measure AES-4.

3.Air Quality Impact AQ-3. The project would not increase carbon monoxide concentrations such that it would create carbon monoxide hotspots. However, project construction could potentially expose sensitive receptors to substantial pollutant concentrations in the form of toxic air contaminant emissions given the proximity to surrounding and future onsite sensitive receptors. Potentially significant impacts would be reduced to a less than significant level with implementation of Mitigation Measure AQ-1.

4.Biological Resources Impact BIO-1. The project would have the potential to result in a substantial adverse effect on special status animal species. Potentially significant impacts would be reduced to a less than significant level with implementation of Mitigation Measure BIO-1(a), BIO-1(b), and BIO-1(c).

5.Biological Resources Impact BIO-3. The project could conflict with the City of Sebastopol Municipal Code tree protection ordinance. Potentially significant impacts would be reduced to a less than significant level with implementation of Mitigation Measure BIO-2.

6.Cultural Resource Impact CUL-2. Grading and excavation required for the proposed project would have the potential to unearth and adversely change or damage previously unidentified historical and archaeological resources. Potentially significant impacts would be reduced to a less than significant level with implementation of Mitigation Measure CUL-2.

7.Geology and Soils Impact GEO-1. The project has the potential to significantly impact paleontological resources. Potentially significant impacts would be reduced to a less than significant level with implementation of Mitigation Measure GEO-1.

8.Greenhouse Gas Impact GHG-1. The proposed project would be consistent with Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

BAAQMD’s GHG thresholds for buildings and transportation with implementation of Mitigation Measure GHG-1. Therefore, the project would not generate GHG emissions that may have a significant impact on the environment. Potentially significant impacts related to electrical vehicle parking requirements would be reduced to a less than significant level with implementation of Mitigation Measure GHG-1 and in accordance with CALGreen Tier 2.

9.Hazards and Hazardous Materials Impact HAZ-2. Sebastopol Independent Charter School is located within 0.25 mile of the proposed project. The proposed project would not emit or handle hazardous or acutely hazardous materials. Potentially significant impacts would be reduced to a less than significant level with implementation of Mitigation Measure HAZ-3(b).

10. Hazards and Hazardous Materials Impact HAZ-3. While not listed on Government Code Section 65962.5(a), which constitutes DTSC’s portion of the Cortese List, the project site is associated with an active Voluntary Agreement cleanup case with regulatory agency oversight by the DTSC (DTSC 2023a). There are known hazardous material impacts to soil at the project site. However, compliance with applicable regulations and mitigation for impacts from potential soil and/or groundwater contamination at the project site would minimize hazards from the proposed project. Potentially significant impacts would be reduced to a less than significant level with implementation of Mitigation Measures HAZ-3(a) and HAZ3(b).

11. Hydrology and Water Quality Impact HYD-5. The proposed project would alter drainage patterns and increase runoff in the area but would not exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional polluted runoff. Potentially significant impacts would be reduced to a less than significant level with implementation of Mitigation Measures HAZ-3(a) and HAZ-3(b).

12. Hydrology and Water Quality Impact HYD-6. The proposed project would not conflict with or obstruct the North Coast RWQCB Basin Plan or Santa Rosa Plain Subbasin GSP, pursuant to compliance with applicable water quality regulations.

Potentially significant impacts would be reduced to a less than significant level with implementation of Mitigation Measures HAZ-3(a) and HAZ-3(b).

13. Noise Impact NOI-1. Construction of the project would temporarily increase ambient noise levels, but noise levels would not exceed applicable standards.

Ambient noise in the project vicinity would increase from on-site activities and increased traffic. Traffic noise increases would be less than significant. operational stationary source noise would exceed standards established by the City.

Potentially significant impacts would be reduced to a less than significant level with implementation of Mitigation Measure NOI-1.

14. Transportation Impact TRA-1. The project would conflict with General Plan Action CIR 1f relating to pedestrian facilities. Incorporation of Mitigation Measure TRA-1 would ensure compliance with all relevant plans, programs, ordinances and policies. Potentially significant impacts would be reduced to a less than significant level with implementation of Mitigation Measure TRA-1.

Agenda Item Number 3 Agenda Item 3 Number
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15. Tribal Cultural Resources Impact TCR-1. Grading and excavation required for the proposed project would have potential to unearth and impact or damage Tribal Cultural Resources. Potentially significant impacts would be reduced to a less than significant level with implementation of Mitigation Measure TCR-1.

WHEREAS, the Project complies with CEQA Guidelines Section 15090 as detailed below:
a.Prior to approving a project the lead agency shall certify that:
a. The final EIR has been completed in compliance with CEQA; b. The final EIR was presented to the decision-making body of the lead agency, and that the decision-making body reviewed and considered the information contained in the final EIR prior to approving the project; and c. The final EIR reflects the lead agency‘s independent judgment and analysis.

WHEREAS, the project complies with CEQA Guidelines Section 15091 as detailed below:
a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
a. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
i. In that the attached Mitigation Monitoring Responsibility Program (MMRP) labeled Exhibit D requires modifications to mitigate potential significant environmental effects; the MMRP, and b. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
i. In that the attached Mitigation Monitoring Responsibility Program identifies the City Department or outside agency responsible monitoring the mitigation.
c. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
i. in that no mitigations required to reduce any potentially significant impacts to less than significant are found to be infeasible. b) The findings required by subdivision (a) shall be supported by substantial evidence in the record.
a. In that the project will be required to submit the final subdivision map to the City Engineer for approval pursuant to the Subdivision Map Act. c) The finding in subdivision (a)(2) shall not be made if the agency making the Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subdivision (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives.
d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. a. In that the attached Mitigation Monitoring Responsibility Program is attached to this Resolution as Exhibit D.
e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based.
a. In that a copy of the Final EIR and MMRP’s will be on file with the City of Sebastopol Planning Department for public viewing.

WHEREAS, on August 21, 2019, the Design Review Board and on October 8, 2019, the Planning Commission conducted a preliminary review of the proposed project, heard public comment, and provided comments to the applicant; and WHEREAS, on January 23rd, 2024, the Planning Commission held a duly noticed public hearing to receive comments on the Draft Environmental Impact Report; and, WHEREAS, on March 12, 2024, the Planning Commission held a duly noticed public hearing to review the proposed residential development with the following entitlements of a use permit, tentative map, and density bonus for building height, and the Final Environmental Impact Report, heard a staff report and public testimony, and deliberated; and,
WHEREAS, The City of Sebastopol Planning Commission adopted Resolution 24-02 recommending the Certification of the Final Environmental Impact Report for the “Canopy” Project (the “Project”) located at 1009 and 1011 Gravenstein Highway North based on the findings of fact of the adopting Resolution No. 24-02. And, WHEREAS, the City of Sebastopol Planning Commission also adopted Planning Commission Resolution 24-03 recommending the City Council approve the use permit, Tentative Map, and Density Bonus for building height entitlements, subject to Exhibit A, Findings in Resolution 24-03, Exhibit B Specific Conditions of Approval, as modified by the Planning Commission, and Exhibit C Standard Conditions of Approval.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sebastopol, California, hereby adopt this Resolution Certifying the Environmental Impact Report and adopting findings of fact pursuant to the California Environmental Quality Act as set forth Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

above, with the mitigation measures set forth above and in the Environmental Impact Report, which are hereby incorporated into the Project and made Conditions of the Project.

The above and foregoing Resolution was duly passed, approved and adopted at a meeting by the City Council on the 2
nd day of April 2024, by the following vote:

VOTE:

Ayes:

Noes:

Abstain:

Absent:

APPROVED:
_______________________________________
Diana Rich, Mayor
ATTEST:
______________________________________________________________________ Mary Gourley, Assistant City Manager/City Clerk,
MMC
APPROVED AS TO FORM: __________________________________________________ Larry McLaughlin, City Attorney
Attachments:

Exhibit D: Mitigation Monitoring Reporting Program
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

RESOLUTION NO. -2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL APPROVING A USE

PERMIT, VESTING TENTATIVE MAP, AND DENSISTY BONUS FOR THE PROPERTY AT 1009-1011 GRAVENSTEIN HIGHWAY NORTH (APN 060-261-026, 060-261-028) WHEREAS, the City of Sebastopol completed a comprehensive General Plan update with adoption of a new General Plan on November 15, 2016; and WHEREAS, the City of Sebastopol completed a Housing Element Update to the General Plan with adoption of a new Housing Element on January 3, 2023, and Certified by the State of California Department of Housing and Community Development (HCD) on March 7, 2023; and,
WHEREAS, pursuant to the California Environmental Quality Act (CEQA, codified at Public Resources Code § 21000 et seq.) and the State CEQA Guidelines (14 CCR, § 15000 et seq.), on November 15, 2016, the City Council certified and adopted an Environmental Impact Report (EIR) for the Sebastopol General Plan (the “Project”; State Clearinghouse No. 2016032001); and
WHEREAS, an application for a Conditional Use Permit for residential development in a Office Light Industrial district, a State Density Bonus for building height, and a Vesting Tentative Map for an 80-Unit townhome project known as Canopy (the “Project”), was filed on November 9
th
, 2023, by Samantha Hauser / City Ventures. The Project consists of subdividing two vacant parcels of approximately 6.1 acres (APN 060-261-026, 060-261- 028) into two-lot subdivision with a condominium map for 80 units plus common area, with 107,200 square feet of private open space. The Project will develop 80 townhome units, landscaped areas, and parking. Parking will be provided via surface parking lots as well as garage parking for all of the units; and
WHEREAS, the project, as conditioned, is consistent with the General Plan, in that it conforms to the following goals/programs/policies; and, • Goal LU1 - Maintain Sebastopol as a unique, charming, and environmentally sensitive small town that provides residents, businesses, and visitors with opportunities to enjoy a high quality of life, in that the project will provide housing opportunities that are environmentally friendly with the low water landscape, all electric development, and improvements to existing pedestrian facilities.
• Policy LU 1-2: Avoid urban sprawl by concentrating development within the City limits; favor infill development over annexation, in that the project is an infill development as it intends to develop two vacant parcels within city limits.
• Policy LU 1-7: Encourage new development to be contiguous to existing development, whenever possible, in that the project reflects similar Agenda Item Number 3 Agenda Item 3 Number
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characteristics to the existing development of the O’Reilly media office buildings to the west, and utilizes existing access points for both vehicles and pedestrians through the site, and enhances the connectivity to the existing urban resources.
• Policy LU 5-5: Strongly encourage residential development in a balanced and efficient pattern that reduces sprawl, preserves open space, and creates convenient connections to other land uses, in that the project provides connections to the West County Trail, pedestrian access to an adjacent bus line, and is within walking distance of a major shopping center.
• Policy LU 6-1: Promote increased residential densities in that the project provides a residential development of 13.11 dwelling units per acre, which is within the minimum and maximum densities allowed in the R7 multifamily zoning district and Office/Light Industrial Land Use designation and Zoning district.
• Policy LU 6-2: Promote compact urban form that provides residential opportunities in close proximity to jobs, services, and transit, in that the project is a compact design of townhomes located in close proximity to a large shopping center, bus stop and two schools.
• Policy CIR 1-5: When analyzing impacts to the circulation network created by new development or roadway improvements, consider the needs of all users, including those with disabilities, ensuring that pedestrians, bicyclists, and transit riders are considered preeminent to automobile drivers in that the project provides connectivity to the West County Trail and adjacent to a bus transit line.
• Housing Element Policy C-4: The City will encourage development of new housing to meet a range of income levels, including market-rate housing, and a variety of housing sizes and types, in that the project includes both market-rate housing as well as fifteen percent of the units to be sold at 120% or less of the average median income (AMI) in perpetuity. • Housing Element Goal D-1: Promote Housing Affordability for both Renters and Homeowners, in that fifteen percent of the units to be sold at 120% or less of the average median income (AMI).
• Community Design Policy 1-2: Ensure that new residential and commercial development is sensitive to the surrounding architecture, topography, landscaping, character, scale, and ambiance of the surrounding neighborhood, in that it is the same scale or lower than the adjacent office buildings, it has significant setbacks from adjoining residential structures, it breaks down the massing of the development by proposing twenty separate structures for the units, it retains the majority of trees between the site and the adjoining residential uses, and maintains two-thirds of the site as open space, and will be planting additional trees.

And,
Agenda Item Number 3 Agenda Item 3 Number
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WHEREAS, granting a Conditional Use Permit for the Project is appropriate as it complies with SMC 17.415.030 as detailed below:

1.The proposed use is consistent with the General Plan and all applicable provisions of this title, in that residential development in an Office Light Industrial zoning district is allowed with the approval of a Conditional Use Permit.

2.The establishment, maintenance, and operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the area of such use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City in that:
i. The proposed use of a residential development is compatible with the surrounding uses of residential, office, and scholastic. ii. The Project maintains the existing trees and screening to the adjoining residential areas, as well as appropriate setbacks from adjoining properties. iii. The Project maintains pedestrian and bicycle connections to the West County Trail which will remain public, and will enhance the pedestrian connectivity by providing new pedestrian and bicycle access to both Gravenstein Highway north and Hurlbut Avenue.
iv. The Project will provide a range of housing, including market rate townhomes, Accessory Dwelling Units, and deed-restricted Moderate income housing. v. The Project is consistent with the R7 Multi-family housing zoning requirements.
vi. The Project, with the approval of a Use Permit, is consistent with the Office and Light Industrial Zoning District.
vii. The Project underwent an Environmental Impact Report (EIR), which requires mitigations related to noise, drainage, soil remediation, air quality, and light glare to ensure health and safety to the community and the new residents.

And,
WHEREAS, granting a Tentative Map for the Project is appropriate as it complies with SMC

16.28.070(A) in that:

1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan as detailed above, and other applicable provisions of SMC Chapter 16 and the State Subdivision Map Act (SMA); and

2. The design of the proposed subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as described in the State Subdivision Map Act and any guidelines promulgated by the City Council.

Agenda Item Number 3 Agenda Item 3 Number
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i. The Project is required to comply with the California Green Building Standard Code (CalGreen) requirements for energy efficient buildings and appliances, including Tier 2 standards required by the City of Sebastopol (which are higher than the base State requirements for green design). CalGreen Standards require that buildings reduce water consumption, employ building commissioning to increase building system efficiencies, divert construction waste from landfills, and install low pollutant‐emitting finish materials. The project also incorporates many sustainable features which help reduce energy consumption, such as:
• All-electric construction
• Low water use landscape
• Native Plant materials
• Accessible/adaptable features in all buildings
WHEREAS, the project was subject to an Environmental Impact Report (EIR) prepared in compliance with the California Environmental Quality Act (CEQA), which was circulated for public comment on December 7, 2023, to January 24, 2024, including CEQAnet and the Federated Indians of the Graton Rancheria, consistent with local and State CEQA requirements, and complies with CEQA Guidelines Section 15074 as detailed in the CEQA Resolution; and,
WHEREAS, on January 23rd, 2024, the Planning Commission held a duly noticed public hearing to receive comments on the Draft Environmental Impact Report; and, WHEREAS, on August 21, 2019, the Design Review conducted a preliminary review of the proposed project and provided comments to the applicant; and, WHEREAS, on October 8, 2019, the Planning Commission conducted a preliminary review of the proposed project and provided comments to the applicant; and, WHEREAS, on March 12, 2024, the Planning Commission held a duly noticed public hearing to review the proposed residential development with the following entitlements of a use permit, tentative map, and density bonus for building height, and Final Environmental Impact report; heard a staff report and public testimony, and deliberated; and,
WHEREAS, The City of Sebastopol Planning Commission adopted Resolution 24-02 recommending the Certification of the Final Environmental Impact Report for the “Canopy” Project (the “Project”) located at 1009 and 1011 Gravenstein Highway North based on the findings of fact of the adopting Resolution No. 24-02. And, WHEREAS, the City of Sebastopol Planning Commission also adopted Planning Commission Resolution 24-03 recommending the City Council approve the use permit, Tentative Map, and Density Bonus for building height entitlements, subject to Exhibit A, Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

Findings in Resolution 24-03, Exhibit B Specific Conditions of Approval, as modified by the Planning Commission, and Exhibit C Standard Conditions of Approval.

NOW, THEREFORE, BE IT RESOLVED THAT, The City of Sebastopol City Council hereby adopts a Resolution approving the following, based on the Findings above and subject to the Conditions of Approval in Exhibit B and Exhibit C:

1. A Use Permit for residential development in an Office Light Industrial district.

2. A Tentative Map for the creation of two new lots and 80 condominium units as shown in Exhibit A.

3. A Density Bonus for the increase in building height from the allowable 30’ and two stories as required in the zoning ordinance to 40’ and three stories.

The above and foregoing Resolution was duly passed, approved and adopted at a meeting by the City Council on the 2nd day of April 2024, by the following vote:

VOTE:

Ayes:

Noes:

Abstain:

Absent:

APPROVED: _______________________________________
Diana Rich, Mayor
ATTEST: ______________________________________________________________________ Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM: __________________________________________________ Larry McLaughlin, City Attorney
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

C4.0 adobe associates, inc. 1220 N. Dutton Ave., Santa Rosa, CA 95401 P. (707) 541-2300 F. (707) 541-2301 Website: www.adobeinc.com "A Service You Can Count On!" civil engineering I land surveying I wastewater Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

EXHIBIT B

RECOMMENDED CONDITIONS OF APPROVAL
Conditional Use Permit, Vesting Tentative Map, Density Bonus 1009-1011 Gravenstein Highway North
060-261-028, 060-261-026, File# 2022-095
PLANNING:

1. Plans and elevations shall be in substantial conformance with plans prepared by WHA Architects, and stamped received on April 21st, 2023, as revised on February 20th, 2024, and on file at the City of Sebastopol Planning Department, except as modified herein:

2. The Use shall be in substantial conformance with the proposed operations as described in the application materials prepared by Samantha Hauser/City Ventures, and stamped received on April 21st, 2023, as revised on February 20th, 2004, and on file at the City of Sebastopol Planning Department, except as modified herein:

3. All measures in the Mitigation Monitoring Reporting Program (MMRP) for the Environmental Impact Report approval for application 2022-095 shall remain applicable.

4. The project’s open spaces shall be maintained by the property owner, not by the City.

5. The project site includes protected trees intended to remain. Protective measures are required for these trees. All final tree protection measures shall be submitted for review and approval by the City Arborist prior to issuance of Improvement Plans.

6. A Tree Removal permit is required for the any trees proposed for removal.

7. Design Review approval is required by the Design Review Board for the design of the units, site features, landscaping, and other amenities.

8. The Vesting Tentative Map shall expire 24 months after its approval or conditional approval unless an extension is approved as provided in SMC 16.28.100 and in accordance with the State Subdivision Map Act

9. The Planning Director shall interpret applicable requirements in the event of any redundancy or conflict in the conditions of approval.

10. This approval does not include any signs. Any new signs that will identify the use of this property are subject to the prior approval of the Design Review Board or City staff, as appropriate.

11. All other approvals than the Vesting Tentative Map shall be valid for three years, except that the applicant may request a one (1) year extension of this approval from the Planning Director, pursuant to Section 17.250.050 of the Zoning Ordinance.

12. As required by the Sonoma County Regional Parks Department the applicant shall install a 42” fence along the northern property line between the County property and the applicant’s property to prevent the creation of “social trails” on County property. No fencing is needed at Agenda Item Number 3 Agenda Item 3 Number
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the existing trail intersection. For avoidance of doubt, this condition applies to the property line adjacent to the West County Trail.

PUBLIC WORKS:

13. The applicant shall label all onsite sewer lines as private.

14. The applicant shall install two master water meter connections for the project.

15. Fire Hydrants will be part of the private onsite system. The City will provide hydrant testing to ensure fire protection.

16. All projects are subject to Impact Fees as adopted by the City Council at the time the preliminary application was submitted, which are due at the time of issuance of the Building Permit unless otherwise stipulated by the City.

ENGINEERING:

17. Prior to Final Map approval provide proof of recorded easements for access (i.e. vehicular and pedestrian access) in connection with and in favor of the Project, including future public water & sewer, public utilities, and storm drain easement, through adjacent private properties, including 1003-1007 Gravenstein Hwy, N (APN 060-261-029).

18. Prior to Final Map approval provide proof of recorded joint maintenance agreement (JMA) for off-site private easements through adjacent private properties, including 1003-1007 Gravenstein Hwy, N (APN 060-261-029), including modifications to any existing recorded agreements. JMA shall extend to proposed new lots to be established by the Final Map. The JMA shall specify and allocate rights, duties and obligations for maintenance of the private easement.

19. The Final Map shall include reference to the recorded covenant restriction along the frontage of Hurlbut Avenue, which shall read as follows: “There shall be no vehicular access from subject property to Hurlbut Avenue. This vehicular access restriction shall not be removed without the express approval of the City of Sebastopol by a resolution of its City Council.”

20. No lot-to-lot drainage will be allowed between the project site and any adjacent parcels without an easement. No concentrated drainage may discharge across sidewalks. All site drains must be connected to the public storm drain system or discharged through the face of curb or to an established waterway.

21. The improvement plans for each phase of development shall include and provide for the construction of offsite improvements as approved by the City Engineer such that each phase of development shall construct sufficient onsite roadway and utility improvements.

GENERAL:

22. Applicant shall apply for any permits required for permanent work or temporary traffic control that encroaches onto Caltrans’ Right-of-Way (ROW). The proposed project will add a new driveway connection off SR-116, it will require an encroachment permit. As part of the Agenda Item Number 3 Agenda Item 3 Number
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encroachment permit submittal process, you may be asked by the Office of Encroachment Permits to submit a completed encroachment permit application package, digital set of plans clearly delineating Caltrans’ ROW, digital copy of signed, dated and stamped (include stamp expiration date) traffic control plans, this comment letter, your response to the comment letter, and where applicable, the following items: new or amended Maintenance Agreement (MA), approved Design Standard Decision Document (DSDD), approved encroachment exception request, and/or airspace lease agreement.

Building Department:

23. The project shall comply with the Green Building regulations contained in the Sebastopol Municipal Code that are in effect at the time the preliminary application was submitted.

Agenda Item Number 3 Agenda Item 3 Number
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EXHIBIT C

STANDARD CONDITIONS OF APPROVAL
Conditional Use Permit, Vesting Tentative Map, Density Bonus 1009-1011 Gravenstein Highway North
060-261-028, 060-261-026, File# 2022-095

1. All plans shall include a brief description of the project on the cover sheet.

2. All submitted building permit plan check sets shall include a plan sheet incorporating these conditions of approval.

3. Except as otherwise noted in these conditions of approval, the plans submitted to the Building Department for plan check shall be in substantial conformance to those approved by the review body. If any changes are made to submitted plans which were approved by the review body the applicant shall work with the Planning Department to determine if the changes are significant enough to once again be seen by the review body, or if staff can approve the changes. Any changes that have not been approved by Planning staff are not approved. Construction or demolition work that does not conform to the Planning approval is not valid and shall be subject to stop work orders and may require removal.

4. Acceptance of the construction drawings and specifications does not release the applicant and owner from correction of mistakes, errors, or omissions contained therein. If, during the course of construction, the field conditions or other previously unknown conditions require a modification or a departure from the accepted plans, the applicant shall provide the modifications or departure and specify the correction of mistakes errors, or omissions in compliance with the CBC and City Standards.

5. The City of Sebastopol and its agents, officers and employees shall be defended, indemnified, and held harmless from any claim, action or proceedings against the City, or its agents, officers and employees to attach, set aside, void, or annul the approval of this application or the environmental determination which accompanies it, or which otherwise arises out of or in connection with the City’s action on this application, including but not limited to, damages, costs, expenses, attorney’s fees, or expert witness fees.

6. A Construction Management Plan (CMP) shall be submitted to the City as part of the Building Permit and/or Grading Permit and shall be incorporated into the plans, unless waived by staff. The City’s CMP template, provided by the Planning Department, may be used for small, infill projects. Revisions to the CMP to increase or add on time to the construction timeline shall be coordinated with the Building Official and any additional requests will be at the applicant’s responsibility.

This CMP shall be a binding document. Failure to adhere to the CMP may result in a “Stop Work Notice” being placed on the project. An electronic copy of the APPROVED CMP shall be submitted to the City, and may be posted to the city’s website. The CMP shall be updated as project conditions warrant. Updates to the CMP shall be provided to the City for review and approval. The CMP shall include but not be limited to:
a) Work schedule (start of construction date, road or lane closure intent/dates, important milestones and proposed final dates)
b) Construction Hours
c) Travel routes and turn-around locations with staff approval Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

• Impact to state highways
d) Road and/or lane closures (Applicant to provide information on how many anticipated road closures, and the reasons for each road closure). e) Worker auto parking space locations/construction parking f) Phasing (if applicable)
g) If construction improvements are located in areas of slopes 15% or greater, the Contractor shall provide safe temporary hard surface stair access to the improvements, unless waived by the Building Official. This access shall be shown on the CMP.
h) Projects that require a grading permit shall comply with the City’s grading ordinance.

The CMP may be more stringent if the project is located close to schools or in impacted neighborhoods. A CMP may be required to be modified if a neighborhood becomes “impacted” during the course of the construction. Impacted neighborhoods are defined as areas in geographic proximity (i.e. using the same streets for access) with a significant number of simultaneous construction projects.

The hours of construction activity shall be limited 7:00 a.m. to 8:00 p.m., Monday through Friday, 8:00 a.m. to 5:00 p.m. on Saturdays with staff approval, depending on scope of work being done, or unless modified by a project’s Specific Conditions of Approval.

A24-inch by 36-inch weatherproof copy with items A-F posted on site. The remaining Construction Management Plan shall be made available on site. The Construction Management Plan shall be posted on the site as part of the job site signage and should include:
a) Address of the project site.
b) Permitted hours of construction and of deliveries/off-haul. c) Name, e-mail address and direct phone number of the General Contractor. d) Name, e-mail address and direct phone number of the person responsible for managing theproject.
e) Name and direct phone number of the party to call in case of an emergency. f) City of Sebastopol Building Department (707-823-8597).

7. All construction materials, debris and equipment shall be stored on site. If that is not physically possible, an encroachment permit shall be obtained from the Public Works Department prior to placing any construction materials, debris, debris boxes or unlicensed equipment in the right-of-way. The fee for using the right-of-way for storage of construction materials or equipment is $10.00 per day. A minimum of 11’ passable auto traffic clearance (paved travel way) shall be maintained at all times along the roadway. The placing of portable restroom facilities in the City right-of-way will not be permitted.

8. All portions of the job site shall be maintained in an organized and professional condition. All trash, debris, construction scraps and broken/deteriorated machinery shall be removed from the site by the end of each week. If off loaded construction materials are not used within 2 weeks, they shall be screened from public view. All sidewalks, driveways and public/private roadways fronting the subject site shall be broom cleaned at the end of each business day.

9. A pre-construction meeting is required with city staff for projects that:

Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

a) Require a City encroachment permit, a Caltrans encroachment permit, or a City grading permit; or
b) Have 5 dwelling units or more; or
c) Have a total of 5,000 square feet of building or more; or d) Have a creek setback requirement; or
e) Are required to have a pre-construction meeting under a specific condition of approval.

10. All permits and/or inspection fees required shall be paid in full prior to final occupancy being granted unless otherwise stipulated by the City.

11. All required construction signage and any required tree-protection shall be posted and available for City inspection at the time of the Pre-construction meeting or, if no preconstruction meeting is required, prior to commencing construction. If these measures are not in place at the time of the pre-construction meeting, a re- inspection fee will be required, and issuance of building permit will be delayed.

12. The Planning Director shall interpret applicable requirements in the event of any redundancy or conflict in conditions of approval.

Planning Department Standard Conditions of Approval:

13. This approval is valid for a period of three (3) years during which time the rights granted must be exercised. However, the applicant may request one (1) one-year extension of this Use Permit from the Planning Director, pursuant to Zoning Ordinance §17.400.100.

14. The light source for all exterior lighting fixtures shall be shielded from adjacent properties. Cut sheets for all exterior lighting shall be submitted as part of the Design Review or other planning application.

15. For any project that includes new structures within 2 feet of the allowed height limit, a letter or certificate from a surveyor confirming that the height of the roof complies with the approved plans shall be submitted to the Planning Department at the earliest point possible.

16. All landscape and irrigation plans must be designed in accordance with the most current City of Sebastopol landscape requirements. Prior to providing water service for new landscape areas, or improved or modified landscape areas, the Planning Department must review and approve the project’s working drawings for planting and irrigation systems. Any question regarding the City of Sebastopol current water conservation and Landscape Ordinance should be directed to the Planning Department.

New construction and rehabilitated (renovations or changes made to sites with an existing irrigation system) landscape projects will be affected by these requirements if the altered landscape area is greater than 500 square feet.

17. For any new housing unit development, the developer/owner shall submit the total amount of fees and exactions associated with the project prior to issuance of certificate of occupancy or final inspection.

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Engineering and Public Works Department Standard Conditions of Approval:

18. An Encroachment Permit is required from the Public Works Department for any and all work within the public right-of-way. If the work is within a CalTrans right-of way, an Encroachment Permit from CalTrans shall also be procured by the applicant.

Encroachment Permit shall not be issued until the City Engineer approves the applicant’s site improvement plans.

19. Construction within the public right-of-way is limited to that necessary to support the lot's use. This may include but is not limited to: driveways, sidewalks and any utility connections. For all improvements within the public right of way, the applicant shall submit plans to adequately describe the work. Plans shall include but not be limited to drainage details, cross-sections, driveway/roadway grades and utility locations as necessary.

20. The applicant shall prepare and submit site improvement plans for the construction of all improvements including water, sanitary sewer, storm drain, water quality facilities, roadway improvements, curbs, gutters, sidewalks, elevated or structural pedestrian walkways, landscaping, landscape irrigation, signing, striping, joint trench and streetlights. All design and construction shall conform to the latest edition of the City of Sebastopol Design and Construction Standards and other applicable codes, standards, guidelines and specifications. Public improvement drawings shall be drafted in the City-approved sheet format.

21. Once approved by the City Engineer, the applicant shall submit PDF files of the signed improvement plans. As-Built record drawings shall also be submitted as PDF files.

22. Deviations from City Standards and applicable Code requirements shall be approved by the City Engineer. The applicant’s engineer shall request all design exceptions in writing.

23. Any improvements, public or private, damaged during construction shall be replaced, by the applicant, in-kind or with new improvements. All cracked, broken, or uplifted sidewalk, driveway and/or curb and gutter fronting the property shall be replaced.

Applicant shall coordinate with the Public Works Department prior to the first submittal of project improvement plans to identify the extents and limits of replacement.

24. An erosion and sediment control plan are required as part of the building permit application. The plan shall be prepared by a certified erosion control specialist and in full compliance with CASQA standards. The plan is subject to review and approval by the Engineering Department prior to the issuance of the building or grading permit. No modifications to the approved plans shall be made without approval of the City Engineer.

25. Mailbox plans and locations shall be approved by the Sebastopol Postmaster prior to improvement plan approval. The developer shall provide a letter and exhibit showing mailbox locations from the Sebastopol Postmaster approving mailbox locations.

26. City Public Water and Sewer and Drainage utility easements, if required by the City Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

Engineer, shall be provided within the development. Easement locations shall be subject to review and approval by the City Engineer.

Roadway Improvements:

27. Road closures, if permitted by the Project Approval, will only be permitted with prior authorization from the Public Works Department consistent with the City's road closure policy. Signs containing details of the proposed closure must be posted 48 hours in advance. Coordinate road closures with the Sebastopol Public Works Department.

Contact the Public Works Department at 707-823-5331 to obtain a road closure permit.

28. An emergency vehicle access, meeting the requirements of the Sebastopol Fire Department shall be constructed.

29. All private driveway areas less than 24-foot wide shall require the approval of the Sebastopol Fire Department.

30. Sidewalk warps shall be provided to allow a clear five-foot walkway at all locations where mailboxes, street furniture, streetlights, street signs and fire hydrants are to be installed, or as otherwise approved by the City Engineer.

31. The structural section of all public road improvements shall be designed using a soil investigation which provides the basement soils R-value and expansion pressure test results. A copy of Geotechnical report and structural section calculations shall be submitted with the first improvement plan check.

32. The structural section of the private on-site drive aisles and parking areas shall meet the requirements and recommendations of the geotechnical report for the project.

33. Retaining walls and retaining curbs may be required to protect damage to trees as determined by a licensed Arborist. All retaining structures shall be designed and constructed to minimize damage to trees.

34. Pedestrian curb ramps, meeting City standards and current accessibility requirements, shall be provided at all intersections and crosswalks where sidewalks are proposed.

Drainage Improvements:

35. All project related flooding impacts shall be mitigated by the project developer.

Drainage improvements shall be designed by a Civil Engineer registered in the State of California in accordance with the Sonoma County Water Agency's Flood Management Design Manual (FMDM). Public and private drainage improvements shall be shown on the improvement plans and the City Engineer may require the applicant to acquire the review and recommendations by the Sonoma County Water Agency (Sonoma Water) prior to approval by the City Engineer. Private storm drain easements will be required for any portions of the private storm drain not entirely located with the lot being served or for any portion of a private utility located on an adjacent parcel.

Stormwater Quality:

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36. Projects that create or replace 10,000 square feet or more of impervious surface area are subject to design and construction requirements of the most recent edition of City of Sebastopol Low Impact Development (LID) Technical Design Manual.

Improvement plans with required LID design features shall be approved by the City Engineer.

37. Projects that will disturb 1.0 acre or more of developed or undeveloped land shall provide evidence that a Notice of Intent (NOI) has been submitted by the applicant and received by the State Water Resources Control Board for a General Construction Activity Storm Water Permit. Two copies of the project Storm Water Pollution Protection Plan (SWPPP) shall be provided to the City prior to issuing a grading permit, encroachment permit, or building permit.

38. For required LID features constructed on private property or on street frontage, the owner shall provide a Declaration Letter to the City Manager regarding the owner’s commitment to ongoing maintenance of said LID features (LID Declaration) prior to occupancy.

Grading:

39. The City of Sebastopol shall require a grading permit for projects that meet these requirements.
a) Cut or fill exceeding 50 cubic yards
b) Cut or fill greater than 3 feet in depth
c) Cut creating a cut slope greater than 5 feet in height and steeper than 2 units horizontal to 1 unit vertical
d) Fill intended to support a structure or surcharge greater than 1 foot in depth or placed on terrain with a natural slope steeper than 15 percent

40. When required by the Building Official the applicant shall submit to the City for review and approval, a detailed Geotechnical Report prepared by a Geotechnical Engineer registered in the State of California. The grading plan shall incorporate the recommendations of the approved Geotechnical Report.

41. Where soil or geologic conditions encountered during grading operations are different from those anticipated in the Geotechnical Report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer.

It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, erosion, settlement, and seismic activity.

42. Existing wells, septic tanks and/or underground fuel storage tanks that are defective or will no longer be in use shall be permanently destroyed or removed under permit and inspection by the Sonoma County Permit and Resource Management Department, Well and Septic Division and/or Sonoma County Environmental Health or other designated agency. Underground fuel storage tanks are subject to UST regulations of the State Water Resources Control Board.

43. The grading plan shall clearly show all existing survey monuments and property corners and shall state that they shall be protected and preserved. Should monuments be damaged or destroyed during construction, they shall be replaced by the developer.

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44. Improvements plans shall include an erosion control (winterization) plan. The plan shall include an order of work and staging/scheduling component indicating when facilities must be installed and when they may be removed.

Fire Department. Standard Conditions of Approval:

45. The address shall be posted in accordance with requirements of the California Building Code and California Fire Code. The Fire Chief shall review and approve all requests for new addresses. Inspection and signoff of address posting shall be coordinated through Building Department.

46.Smoke and CO detectors shall be installed in accordance with the California Building Code. Final inspection and signoff of smoke detectors shall be coordinated through Building Department.

47. Noncombustible roofing shall be provided for:
a. All new roofs shall be non-combustible.
b. Roof Repairs or replacement:
i. Less than 25% - no requirement
ii. 25Hr to 50% - Class C minimum
iii. 50% or more — Non-Combustible
c. In no case shall the roofing material used to be less fire resistive than the existing roof.

NOTE: A "noncombustible" roof is a Class A roof (for other than Group R Occupancies, a Class A or Class A assembly) as defined in the California Building Code and approved by the Building Department.

Building Department Standard Conditions of Approval:

48. All construction shall comply with all applicable Title 24 Codes in effect at the time of building permit submittal. It is the responsibility of the designer(s) to ensure that all applicable Title 24 codes, as well as any applicable Sebastopol Municipal Codes are incorporated into the design.

END OF STANDARD CONDITIONS OF APPROVAL
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City Council Meeting Packet of April 2nd, 2024

Mitigation Monitoring and Reporting Program
1 Mitigation Monitoring and Reporting Program
The Environmental Impact Report (EIR) for The Canopy Project (project) identifies the mitigation measures required to reduce the environmental impacts associated with the project. The California Environmental Quality Act (CEQA) requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to proposed development. As stated in Section 21081.6(a)(1) of the Public Resources Code:
“the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.”
Section 21081.6 also provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined as part of making findings or adopting a mitigated negative declaration. The mitigation monitoring table lists the identified mitigation measures for the project.

To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. The first column, “Mitigation Measure”, identifies mitigation measures that were identified in the EIR. The second column, “Action Required,” refers to the monitoring action that must be taken to ensure the implementation of the mitigation measure. The third column, “Timing,” refers to when the monitoring will occur to ensure that the mitigation action is complete. The fourth column, “Frequency”, refers to how often the mitigation will be implemented. The fifth column, “Responsibility,” refers to the agency responsible for oversight or ensuring that the mitigation measure is implemented. The remaining “Compliance Verification” columns are where the City verifies that the measures have been implemented.

Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
The Canopy
2 Mitigation Monitoring and Reporting Program
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
Air Quality
AES-4 Lighting Specifications
Exterior lighting installed on the project
site must be of low intensity, low glare
design, and must be hooded to direct
light downward onto the subject parcel
and prevent spill-over onto adjacent
parcels and must otherwise meet dark
night sky requirements. Exterior lighting
fixtures must be kept to the minimum
number and intensity needed to ensure
public safety. Upward directed exterior
lighting is prohibited. The final lighting
plan must be amended to include
identification of all types, sizes, and
intensities of wall mounted building
lights and landscape accent lighting, and
a photometric map must be provided.

Confirm lighting meets the
requirements of the General
Plan and design guidelines.

After the completion
of construction
activities.

Once City of
Sebastopol
Planning
Department
Air Quality
AQ-1 Construction TACs Reduction
The applicant and project engineer shall
include the measures listed below on
the grading plan, building plans, and
specifications. Prior to issuance of
grading permits, the City Engineer and
the Chief Building Official shall confirm
that the grading plan, building plans, and
specifications stipulate that the
measures listed below shall be
implemented during project
construction. The construction
contractor shall implement these
measures for the duration of
construction.

1. All mobile off-road equipment
(wheeled or tracked) used
during construction activities
shall meet the USEPA Tier 4
Confirm construction
contractors implement
applicable construction
measures throughout the
duration of construction
activities.

Prior to and during the
duration of
construction activities
Once prior to the
issuance of grading
permits, then
periodically
throughout
construction activities.

City of
Sebastopol
Planning
Department
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
Canopy
Mitigation Monitoring and Reporting Program 3
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
final standards. Tier 4
certification can be for the
original equipment or
equipment that is retrofitted
to meet the Tier 4 Final
standards.

2. Alternative Fuel (natural gas,
propane, electric, other nondiesel fuels) construction equipment shall be
incorporated where available.

These requirements shall be
incorporated into the contract
agreement with the
construction contractor. A
copy of the equipment’s
certification or model year
specifications shall be
available upon request for all
equipment on-site.

3. Electricity shall be supplied to
the site from the existing
power grid to support the
electric construction
equipment. If connection to
the grid is determined to be
infeasible for portions of the
project, a non-diesel fueled
generator shall be used.

Biological Resources
BIO-1(a) Western Bumble Bee Preconstruction Survey
A qualified biologist(s) shall conduct a
pre-construction survey for western
bumble bee prior to the onset of work
activities at the project site. The preconstruction survey effort shall be conducted for a minimum of one hour. If
bumble bees of any species are
• Confirm preconstruction
survey is conducted prior
to the start of construction
activities.
• If construction occurs
during March 1 through
November 1, confirm a
Prior to and during the
duration of
construction activities
Once prior to the start
construction activities
as needed if bumble
bees are identified.

City of
Sebastopol
Planning
Department
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
The Canopy
4 Mitigation Monitoring and Reporting Program
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
observed, they shall be photographed
for identification following the USFWS
guidance in Appendix A Standardized
Bee Photography in the Survey Protocols
for the Rusty Patched Bumble Bee
(Bombus affinis) (USFWS 2019). If
construction begins between March 1
and November 1, the ground shall also
be searched during the survey for active
bumble bee colonies. No capture or
handling of bumble bees shall be
conducted, and western bumble bee, if
identified, shall be avoided during
construction. Foraging bees shall be
allowed to leave work areas
undisturbed.
ground survey is
completed.
• If bumble bees are found
during the pre-construction
survey, confirm they are
photographed for
identification and avoided
during construction.

BIO-1(b) Roosting Bat Surveys and Avoidance Prior to Removal Prior to tree removal or ground
disturbance, a qualified biologist shall
conduct a focused survey of all trees
within the project site, to determine
whether active roosts of special status
bats are present. If tree removal is
planned for the fall or winter, the survey
shall be conducted in September to
ensure tree removal would have
adequate time to occur outside periods
of hibernation and during seasonal
periods of bat activity (March 1 to April
15, September 1 to October 15, or in any
month when evening temperatures rise
above 45 degrees Fahrenheit and/or no
more than 0.5 inch of rainfall within 24
hours occurs, as described below). If
tree removal is planned for the spring,
then the survey shall be conducted
during the earliest feasible time in
March to allow for suitable conditions
for the detection of bats, and
During tree removal or ground
disturbance, the City shall
ensure that a qualified
biologist has conducted a
survey to detect active bat
roosts. If roosts are present,
construction will commence
only after the City approves a
roosting bat protection plan or
proper bat boxes are installed
when large amounts of bats
are present.

Prior to construction Once City of
Sebastopol
Planning
Department
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
Canopy
Mitigation Monitoring and Reporting Program 5
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
subsequent tree removal. Trees
containing suitable potential bat roost
habitat features shall be clearly marked
or identified. If day roosts are found to
be potentially present, the biologist shall
prepare a site-specific roosting bat
protection plan to be implemented by
the contractor following the City’s
approval. The plan shall incorporate the
following guidance as appropriate:

1. When feasible, removal of
trees and structures identified
as suitable roosting habitat
shall be seasonally timed to
avoid disturbance during the
hibernation and breeding
seasons, including the
following:
a) Between September 1
and about October 15, or
before evening
temperatures fall below
45 degrees Fahrenheit
and/or more than 0.5
inch of rainfall within 24
hours occurs.
b) Between March 1 and
April 15, or after evening
temperatures rise above
45 degrees Fahrenheit
and/or no more than 0.5
inch of rainfall within 24
hours occurs.

2. If a tree must be removed
during the breeding season
and is identified as potentially
containing a maternity roost,
then a qualified biologist shall
conduct visual or acoustic
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
The Canopy
6 Mitigation Monitoring and Reporting Program
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
emergence surveys or
implement other appropriate
methods as determined by
the biologist to further
evaluate if the roost is an
active maternity roost. If it is
determined that an active
maternity roost of a colonial
roosting species is present,
the roost shall not be
disturbed during the breeding
season (April 15 to August
31). If it is determined to not
be an active maternity roost,
the tree or structure may be
removed under the guidance
of the qualified biologist.

3. Potential non-colonial
hibernation roosts shall only
be removed during seasonal
periods of bat activity outside
the hibernation and breeding
seasons. Potential noncolonial roosts that cannot be
avoided shall be removed on
warm days in late morning to
afternoon when any bats
present are likely to be warm
and able to fly. Appropriate
methods as determined by
the qualified biologist shall be
used to minimize the
potential harm to bats during
tree or structure removal. For
trees, such methods may
include using a two-step tree
removal process. This method
is conducted over two
consecutive days and works
by creating noise and
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
Canopy
Mitigation Monitoring and Reporting Program 7
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
vibration by cutting nonhabitat branches and limbs
from habitat trees using
chainsaws only (i.e., no
excavators or other heavy
machinery) on the first day
with the remainder of tree
removal occurring on the
second day.

BIO-1(c) Nesting Bird Survey
If construction, vegetation trimming, or
tree removals are scheduled to occur
during the nesting bird season (February
1 through August 31), the project
applicant shall retain a qualified biologist
to conduct a pre-construction nesting
bird survey no more than 14 days prior
to the start of construction to determine
the presence/absence of nesting birds
and raptors within the project site and
adjacent areas. The survey shall include
the entire site plus a 100-foot buffer, as
accessible. If active nests are found, the
qualified biologist shall establish an
appropriate avoidance buffer,
considering the species sensitivity and
physical location of the nest (e.g., line of
site to the work area), to comply with
CFGC 3503 and 3503.5. The buffer shall
be at least 50 feet for non-raptor bird
species and 250 feet for raptor species,
unless a smaller buffer is determined
protective of nesting birds by the
qualified biologist. To prevent
encroachment, the established buffer(s)
shall be clearly marked by high visibility
material installed by the contractor. The
established buffer(s) shall remain in
• If initial ground disturbance
occurs during February 1
through August 31, confirm
a qualified biologist has
been retained to conduct a
nesting bird preconstruction survey in the
disturbance footprint and
buffer area.
• Confirm a report of the
nesting bird and raptor
survey results is submitted
to the City.
• If nests are found during
the pre-construction
survey, confirm the
locations are flagged and
mapped, and confirm
avoidance buffers are
established.
• Confirm that all
construction work is
conducted outside the
established avoidance
buffers.
• Prior to
construction:

Confirm initial
ground
disturbance
timing; confirm
retention of
qualified biologist
for preconstruction
surveys, confirm a
report detailing
results of the
nesting bird and
raptor surveys is
submitted to the
City (prior to
grading activities),
confirm identified
nests are flagged
and mapped,
confirm avoidance
buffers are
established.
• During
construction:
confirm retention
Once: confirm
construction start
date; confirm
retention of biologist;
confirm preconstruction survey is
completed; confirm
survey results report
is submitted; confirm
identified nests are
flagged and mapped;
confirm retention of
biologist for on-site
monitoring, if
required.

City of
Sebastopol
Planning
Department
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
The Canopy
8 Mitigation Monitoring and Reporting Program
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
effect until the young have fledged or
the nest has been abandoned as
confirmed by the qualified biologist. The
City shall review and approve the
biologists’ findings and buffer during
construction, as appropriate.
of qualified
biologist for onsite monitoring, if
required.

BIO-2 Tree Replacement
All protected ordinance-sized trees
removed from the project site shall be
replaced as appropriate for the size class
and species of the tree removed, based
on the City of Sebastopol tree mitigation
requirements for protected native trees,
as determined by the Tree Board or the
City Arborist. Two replacement trees
shall be either planted onsite for each
protected tree removed or at a Cityapproved offsite location, or a fee of $75 per replacement tree would be provided
to the City of Sebastopol tree fund inlieu for off-site tree planting in the community. If onsite/offsite planting is
implemented, a replacement tree
planting plan shall be approved by the
City along with landscape plans prior to
Project implementation
• Confirm that all protected
trees are replaced in
accordance with City
requirements.
• Confirm that all removed
trees are replaced by two
trees onsite, an approved
offsite location, or an inlieu fee is paid.
• Confirm City approval of
landscape plans
Prior to project
implementation
Once • City of
Sebastopol
Tree Board
• City of
Sebastopol
Arborist/Planni
ng Department
Cultural Resources
CUL-2 Archaeological Resources Assessment, Evaluation, and Treatment In the event that archaeological
resources are unexpectedly
encountered during ground-disturbing
construction activities, the construction
contractor shall halt work within 100
feet of the find, and an archaeologist
meeting the Secretary of the Interior’s
Professional Qualifications Standards for
archaeology (National Park Service
1983) shall be contacted immediately to
• Confirm work is halted if
any archaeological
resources are identified
during project
construction, until the
resource can be evaluated
by a qualified archaeologist
and the Native American
monitor.
• Confirm work is
halted if a
resource is
identified and
evaluated during
construction.
• Confirm
prehistoric
resources are
evaluated by a
As needed during
construction
City of
Sebastopol
Planning
Department
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
Canopy
Mitigation Monitoring and Reporting Program 9
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
evaluate the find, as well as the
Sebastopol Planning Department. If the
find is determined by the qualified
archaeologist to be Native American in
origin, then a Native American
representative shall also be contacted to
participate in the evaluation of the find.

If necessary, archaeological testing for
CRHR eligibility shall be completed. If
the discovery proves to be eligible for
the CRHR and impacts to the resource
cannot be avoided via project redesign,
a qualified archaeologist shall prepare a
data recovery plan tailored to the
physical nature and characteristics of
the deposit, per the requirements of
PRC Section 15126.4(b)(3)(C). The data
recovery plan shall identify data
recovery excavation methods,
measurable objectives, and data
thresholds to reduce any significant
impacts to cultural resources. Pursuant
to the data recovery plan, the qualified
archaeologist and Native American
representative, as appropriate, shall
recover and document the scientifically
consequential information that justifies
the resource’s significance. The City shall
review and, in consultation with approve
the treatment plan and archaeological
testing as appropriate, and the resulting
documentation shall be submitted to the
regional repository of the California
Historical Resources Information
System, per PRC Section
15126.4(b)(3)(C).
• Ensure that all identified
prehistoric resources are
also evaluated by a Native
American representative.

Native American
monitor following
discovery.

Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
The Canopy
10 Mitigation Monitoring and Reporting Program
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
Geology and Soils
GEO-1 Paleontological Resources Monitoring and Mitigation Qualified Professional Paleontologist.

Prior to excavation, City Ventures shall
retain a Qualified Professional
Paleontologist, as defined by the Society
of Vertebrate Paleontology (SVP; 2010).

The Qualified Professional
Paleontologist shall draft a
Paleontological Resources Mitigation
and Monitoring Plan, which shall direct
all mitigation measures related to
paleontological resources.

Paleontological Worker Environmental
Awareness Program.

Prior to the start of construction, the
Qualified Professional Paleontologist or
their designee shall conduct a
paleontological Worker Environmental
Awareness Program (WEAP) training for
construction personnel regarding the
appearance of fossils and the
procedures for notifying paleontological
staff should fossils be discovered by
construction personnel.

Paleontological Monitoring.

Full-time paleontological monitoring
shall be conducted during ground
disturbing construction activities within
previously undisturbed sediments.

Paleontological monitoring shall be
conducted by a paleontological monitor
with experience with collection and
salvage of paleontological resources and
who meets the minimum standards of
the SVP (2010) for a Paleontological
Resources Monitor. The Qualified
Professional Paleontologist may
• Confirm a Paleontological
Resources Mitigation and
Monitoring Plan has been
prepared.
• Confirm WEAP training has
been conducted.
• Confirm paleontological
monitoring occurs and
work is halted if any
paleontological resources
are identified during
project construction, until
the resource can be
evaluated by a qualified
paleontologist.
• Confirm any
paleontological resource
discovered during
construction is examined
by a Qualified Professional
Paleontologist and
mitigated appropriately.
• Confirm City receipt of a
Final Paleontological
Mitigation Report.
• Draft a
Paleontological
Resources
Mitigation and
Monitoring Plan
prior to excavation.
• Conduct WEAP
training prior to the
start of
construction.
• Monitor during the
duration of ground
disturbing
activities.
• Prepare the final
report upon
completion of
ground-disturbing.

Prior to the start of
construction activities,
during the duration of
ground disturbing
activities, and then as
needed during
construction
City of
Sebastopol
Planning
Department
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
Canopy
Mitigation Monitoring and Reporting Program 11
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
recommend that monitoring be reduced
in frequency or ceased entirely based on
geologic observations. Such decisions
shall be subject to review and approval
by the City of Sebastopol. In the event of
a fossil discovery by the paleontological
monitor or construction personnel, all
construction activity within 50 feet of
the find shall cease, and the Qualified
Professional Paleontologist shall
evaluate the find. If the fossil(s) is (are)
not scientifically significant, then
construction activity may resume. If it is
determined that the fossil(s) is (are)
scientifically significant, the following
shall be completed:
• Fossil Salvage. The paleontological
monitor shall salvage (i.e., excavate
and recover) the fossil to protect it
from damage/destruction. Typically,
fossils can be safely salvaged quickly
by a single paleontological monitor
with minimal disruption to
construction activity. In some cases,
larger fossils (such as complete
skeletons or large mammal fossils)
require more extensive excavation
and longer salvage periods. Bulk
matrix sampling may be necessary to
recover small invertebrates or
microvertebrates from within
paleontologically sensitive deposits.

After the fossil(s) is (are) salvaged,
construction activity may resume.
• Fossil Preparation and Curation.

Fossils shall be identified to the
lowest (i.e., most-specific) possible
taxonomic level, prepared to a
curation-ready condition, and
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
The Canopy
12 Mitigation Monitoring and Reporting Program
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
curated in a scientific institution with
a permanent paleontological
collection along with all pertinent
field notes, photos, data, and maps.

Fossils of undetermined significance
at the time of collection may also
warrant curation at the discretion of
the Qualified Professional
Paleontologist.

Final Paleontological Mitigation Report.

Upon completion of ground-disturbing
activities (or laboratory preparation and
curation of fossils, if necessary), the
Qualified Professional Paleontologist
shall prepare a final report describing
the results of the paleontological
monitoring efforts. The report shall
include a summary of the field and
laboratory methods employed; an
overview of project geology; and, if
fossils were discovered, an analysis of
the fossils, including physical
description, taxonomic identification,
and scientific significance. The report
shall be submitted to the City of
Sebastopol and, if fossil curation
occurred, the designated scientific
institution.

Greenhouse Gas Emissions
GHG-1 CALGreen Tier 2 EV Requirements
Prior to issuance of building permits, the
City Engineer and the Chief Building
Official shall confirm that the applicant
shall include the following design
feature as part of the project to be
consistent with CALGreen Tier 2 EV
standards:

Confirm project design
includes a minimum of 15
percent of total parking spaces
be equipped with EV charging
stations.

Prior to issuance of
building permits
Once City of
Sebastopol
Building
Department
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
Canopy
Mitigation Monitoring and Reporting Program 13
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
A minimum of 15 percent of the total
number of parking spaces shall be
equipped with EV charging stations.

Hazards and Hazardous Materials
HAZ-3(a) DTSC Regulatory Agency Submittal
The DTSC shall continue to be utilized
for agency oversight of assessment and
remediation of the project site through
completion of grading and site
construction activities. Prior to
commencement of construction and
grading activities at the project site, the
project applicant shall submit the
following documents to the DTSC
project manager of the open Voluntary
Agreement cleanup case:
• Current development plan and any
modifications to the development
plan
• All environmental documents
completed for the project, including
this EIR document
• Any future environmental
documents completed for the
project
Upon submittal of the information
above, and in accordance with the
project’s 2023 DTSC Standard Voluntary
Agreement, DTSC may require actions
such as: development of subsurface
investigation workplans; completion of
soil, soil vapor, and/or groundwater
subsurface investigations; installation of
soil vapor or groundwater monitoring
wells; soil excavation and offsite
disposal; completion of human health
risk assessments; and/or completion of
remediation reports or case closure
Confirm applicant submits
relevant cleanup case
documents to the DTSC
Prior to the issuance of
grading permits; prior
to the start of
construction and
grading activities
Once • City of
Sebastopol
Planning
Department
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
The Canopy
14 Mitigation Monitoring and Reporting Program
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
documents. The DTSC approval shall be
submitted to and reviewed and
accepted by the City prior to issuing
grading permits.

HAZ-3(b) Soil Management Plan
Prior to commencement of construction
and grading activities at the project site,
the project applicant shall retain a
qualified consultant (Professional
Geologist [PG] or Professional Engineer
[PE]) to prepare a Soil Management Plan
(SMP) for the project site. The SMP shall
address:

1. On-site handling and management
of impacted soils or other
impacted wastes (e.g., stained soil,
and soil or groundwater with
solvent or chemical odors) if such
soils or impacted wastes are
encountered, and

2. Specific actions to reduce hazards
to construction workers and
offsite receptors during the
construction phase.

The SMP must establish remedial
measures and soil management
practices to ensure construction worker
safety, the health of future workers and
residents, and prevent the off-site
migration of contaminants from the
project site. These measures and
practices may include, but are not
limited to:
• Stockpile management, including
stormwater pollution prevention and
the installation of BMPs
• Proper disposal procedures for
contaminated materials
• Confirm the applicant has
retained a qualified
consultant to prepare a
SMP.
• Confirm the SMP includes
remedial measures and soil
management practices.
• Ensure the DTSC has
reviewed and approved the
SMP
Prior to the issuance of
grading permits the
City shall review
Prior to the
construction (grading)
activities at the project
site the DTSC shall
review.

Once prior to the
issuance of grading
permits; once prior to
the start of
construction activities;
then periodically
during the duration of
construction activities.
• City of
Sebastopol
Engineering
Department
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
Canopy
Mitigation Monitoring and Reporting Program 15
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
• Investigation procedures for
encountering known and unexpected
odorous or visually stained soils,
other indications of hydrocarbon
piping or equipment, and/or debris
during ground-disturbing activities
• Monitoring and reporting
• A health and safety plan for
contractors working at the project
site that addresses the safety and
health hazards of each phase of
project site construction activities
with the requirements and
procedures for employee protection
• The health and safety plan shall
outline proper soil handling
procedures and health and safety
requirements to minimize worker
and public exposure to hazardous
materials during construction.

The DTSC shall review and approve the
SMP prior to construction (grading)
activities at the project site. The City
shall confirm that DTSC has approved
the SMP prior to issuing grading permits.

The project applicant shall implement
the SMP during , grading and
construction at the project site.

Noise
NOI-1 Mechanical Equipment Noise Reduction
For outdoor condensing units (HVAC)
and transformers directly adjacent to
noise-sensitive receptors, provide a solid
barrier with a height blocking the lineof-sight to the nearby noise-sensitive receptors. The minimum density of the
barrier shall be 2 pounds per square foot
with no holes or gaps. Once final
• Confirm solid barriers are
between sensitive
receptors and HVAC and/or
transformers.
• Confirm an acoustical
analysis is conducted prior
to final design to verify
compliance with the City’s
Once after final
equipment selection is
made.

Once City of
Sebastopol
Planning
Department
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
The Canopy
16 Mitigation Monitoring and Reporting Program
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
equipment selection is made, an
acoustical analysis of the noise from
project mechanical and electrical
equipment to surrounding properties
must be completed by a qualified
acoustical consultant prior to final
design to verify compliance with the
City’s nighttime exterior noise standard
of 45 dBA.
nighttime exterior noise
standard of 45 dBA.

Transportation
TRA-1 Pedestrian Connectivity and Safety
A new pedestrian path shall be added to
link the project and mixed commercial
office park to the new HAWK crossing
across the north leg of the intersection
of SR 116/Danmar Drive before an
occupancy permit is issued.

Confirm a new pedestrian
pathway is added to the
project.

Prior to issuance of
an occupancy permit.

Once City of
Sebastopol
Planning
Department
Tribal Cultural Resources
TCR-1 Suspension of Work Around Tribal Cultural Resources If cultural resources of Native American
origin are identified during
implementation of the proposed project,
all earth-disturbing work within 50 feet
of the find shall cease and desist until an
archaeologist has evaluated the nature
and significance of the find as a cultural
resource and an appropriate local Native
American representative is consulted.

Staking of the area of discovery will be
implemented with stakes no more than
10 feet apart, forming a circle having a
radius of no less than 100 feet from the
point of discovery. If the City, in
consultation with local Native American
tribes, determines that the resource is a
tribal cultural resource and thus
significant under CEQA, a mitigation plan
shall be prepared and implemented in
• Confirm work is halted
work within 50 feet of any
identified cultural resource
of Native American origin
during construction, until
the resource can be
evaluated by a local Native
American representative.
• Confirm a mitigation plan is
prepared and implemented
if the City and local Native
American representative
determine the identified
resources is a tribal cultural
resource.
• Confirm work is
halted if a cultural
resource of Native
American origin is
identified during
construction.
• Confirm a
mitigation plan is
prepared and
implemented
following
determination that
a discovery is a
tribal cultural
resource.

As needed during
construction
City of
Sebastopol
Planning
Department
Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024

City of Sebastopol
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Mitigation Monitoring and Reporting Program 17
Mitigation Measure Action Required Timing Frequency Responsibility Compliance Verification
Initial Date Comments
accordance with state guidelines and in
consultation with local Native American
group(s). The plan shall include
avoidance of the resource or, if
avoidance of the resource is infeasible,
the plan shall outline the appropriate
treatment of the resource in
coordination with the appropriate local
Native American tribal representative
and, if applicable, a qualified
archaeologist. Examples of appropriate
mitigation for tribal cultural resources
include, but are not limited to,
protecting the cultural character and
integrity of the resource, protecting
traditional use of the resource,
protecting the confidentiality of the
resource, or heritage recovery.

Agenda Item Number 3 Agenda Item 3 Number
City Council Meeting Packet of April 2nd, 2024