DocuSign Envelope lD: C5D55FC6-57AC-4982-A924-90AC34E82D38 RESOLUTTON NO. 6580-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL CERTIFY THE ENVIRONMENTAL TMPACT REPORT (EtR) AND ADOPTTNG FtNDtNGS PURSUANT TO THE CALTFORNtA ENVIRONMENTAL QUAL|TY ACT (CEaA)
FOR THE PROPERTY AT 1OO9 AND 1011- GRAVENSTEIN HIGHWAY NORTH (APN 060-2 6t-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 lndustrial district, a State Density Bonus for building height, and a Vesting Tentative Map for an BO-Unit townhome project known as Canopy (the "Project"), was filed on November 9,2022, by Samantha Hauser / City Ventures, which consists of subdividing two vacant parcels, 6.i- acres (APN 060-261,-026,060-26I-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 B0 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 lndians of the Graton Rancheria, consistentwith 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 ElR.response to comments, and no tribal consultation pursuant to California Public Resources Code Section 2L080.3.1 was requested by the Federated lndians 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 lmpact Report component of the Project; and
WHEREAS, the Environmental lmpact 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 DocuSign Envelope ID: C5D55FC6-57AC-4982-A924-90AC34E82D38 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:
l.Aesthetics lmpact 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 levelwith implementation of Mitigation Measure BIO-2.
2.Aesthetics lmpact 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 lmpact 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 lmpact 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 lmpact BIO-3. The project could conflict with the City of Sebastopol Municipal Code tree protection ordinance. Potentially significant impacts would be reduced to a lessthan significant levelwith implementation of Mitigation Measure BIO-2.
S.Cultural Resource lmpact CUL-2. Grading and excavation required for the proposed project would have the potentialto 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.
T.Geology and Soils lmpact GEO-I. 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.
S.Greenhouse Gas lmpact GHG-1. The proposed project would be consistent with DocuSign Envelope lD: C5D55FC6-57AC-4982-A924-90AC34E82D38 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 lmpact HM-2. Sebastopol lndependent 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).
L0. Hazards and Hazardous Materials lmpact 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 lmpact HYD-S. 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 lmpact HYD-5. 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 lmpact 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 lmpact TRA-1. The project would conflict with General Plan Action CIR 1f relating to pedestrian facilities. lncorporation 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.
DocuSign Envelope lD: C5D55FC6-57AC-4982-A924-90AC34E82D38
15. Tribal Cultural Resources lmpact TCR-I. 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 L5090 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 projec! and c. The final EIR reflects the lead agency's independent judgment and a na lysis.
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 ElR.
i. ln thot the ottached Mitigotion Monitoring Responsibility Program (MMRP) lobeled Exhibit D requires modifications to mitigote potential significant environmental effects; the MMRP, ond 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. ln thatthe attached Mitigotion Monitoring Responsibility Progrom identifies the City Deportment or outside ogency responsible monitoring the mitigotion.
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 ElR.
i. in that no mitigations required to reduce any potentiolly significont impocts to less than significont ore found to be infeasible. b) The findings required by subdivision (a) shall be supported by substantial evidence in the record.
a. ln thot the project will be required to submit the finol subdivision mop to the City Engineer for opproval pursuont to the Subdivision Mop Act. c) Thefinding in subdivision (a)(2)shall not be made if the agency makingthe DocuSign Envelope lD: C5D55FC6-57AC-4982-A924-90AC34E82D38 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. o. ln that the ottoched Mitigation Monitoring Responsibility Progrom is attoched to this Resolution os 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, ln that o copy of the Finat EtR ond MMRP's will be on fite with the City of Sebastopol Planning Department for public viewing.
WHEREAS, on August 21,2019, the Design Review Board and on October B, 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 23'd,2024, the Planning Commission held a duly noticed public hearing to receive comments on the Draft Environmental lmpact 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 lmpact 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 lmpact 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, TH EREFORE, BE lT RESOLVED, that the City Council of the City of Sebastopol, California, hereby adopt this Resolution Certifying the Environmental lmpact Report and adopting findings of fact pursuant to the California Environmental Quality Act as set forth DocuSign Envelope lD: C5D55FC6-57AC-49B2-A924-90AC34E82D38 above, with the mitigation measures setforth above and in the Environmental lmpact 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 2nd day of April 2024, by the following vote:
VOTE:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Hinton, Mclewis, Vice Mayor Zollman and Mayor Rich Councilmember Maurer
None
None
APPROVED ci;;J*,
Diana Gardner Rich, Mayor
0 Mary Gou , Assistant City Manager/City Clerk,
Docusigned byi
ATTEST:
MMC
APPROVED AS TO FORM:
twlwlrlm
Larry McLaughlin, City Attorney
Attachments:
Exhibit D: Mitigation Monitoring Reporting Program
DocuSign Envelope lD: C5D55FC6-57AC-4982-A924-90AC34E82D38 Mitigotion Monitoring ond Reporting Progrom
Mitig qlion Moniloring qnd Reportin Progrom
The Environmental lmpact Report (ElR) 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 ElR. 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.
DocuSign Envelope lD: C5D55FC6-57 AC49B2-A92+90AC34E82D38 Ciiy of Sebosiopol
The Conopy
AEsi0 Lightingspecifications
Exterior lighting installed on the project
site must be of low intensity, low glaredesign, and must be hooded to direct light downward onto the subject parcel
and prevent spilFover onto adjacentparcels and must otherwise meet darknight sky requirements. Exterior lighting fixtures must be kept to the minimum
number and intensity needed to ensurepublic safety. Upward directed exteriorlighting is prohibited. The final lightingplan must be amended to include identification of all types, sizes, andintensities of wall mounted buildinglights and landscape accent lighting, and a photometric map must be provided.
Confirm lighting meets the
requirements of the GeneralPlan and design guidelines.
After the completion
of construction
activities.
Once City of
Sebastopol
PlanningDepartment
Mitigation Measure
Air Quality
Compliance Verification
Action Required Timing Frequency Responsibility lnitial Date Comments Air Quality
Aq-l ConstructionTACsReductionThe 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 andthe Chief Building Official shall confirmthat the grading plan, building plans, and specifications stipulate that the
measures listed below shall beimplemented during project construction. The constructioncontractor shall implement these measures for the duration of
construction.
1. All mobile off-road equipment
(wheeled or tracked) usedduring construction activities shall meet the USEPA Tier 4
Confirm constructioncontractors implementapplicable construction measures throughout the
duration of constructionactivities.
Prior to and during the
duration ofconstruction activities
Once prior to theissuance of grading
permits, thenperiodically
throughout
construction activities.
City ofSebastopol
PlanningDepartment
2 Mitigciion Monlio;'inE ond Repariing Progisr.rl
DocuSign Envelope lD: C5D55FC6-57AC-4982-A924-90AC34E82D38 City of Sebostopol
Conopy
Compliance Verification
Mitigation Measure Action Required Timing Freque ncy Responsibility lnitial Date Comments final standards. Tier 4
certification can be for theoriginal equipment orequipment that is retrofitted to meet the Tier 4 Finalstandards.
2. Alternative Fuel (natural gas,
propane, electric, other nondiesel fuels) constructionequipment shall beincorporated where available.
These requirements shall be
incorporated into the contract
agreement with theconstruction contractor. Acopy of the equipment'scertification or model yearspecifications shall beavailable upon request for all equipment on-site.
3. Electricity shall be supplied to
the site from the existing
power grid to support theelectric constructionequipment. lf connection to the grid is determined to be
infeasible for portions of the
project, a non-diesel fueled
generator shall be used.
Biological ResourcesBlo-l(al Western Eumble Bee Preconstruction Survey A qualified biologist(s) shall conduct a
pre-construction survey for westernbumble 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. lfbumble bees of any species are o Confirm preconstruction
survey is conducted prior
to the start of construction
activities.
o lf construction occurs
during March l through
November 1., confirm a
Prior to and during the
duration ofconstruction activities
Once prior to the startconstruction activitiesas needed if bumble bees are identified.
City of
Sebastopol
PlanningDepartment
Miligotion Monitoring ond Reporting Progrom 3
DocuSign Envelope lD: C5D55FC6-57 AC-4982-A92+90AC34E82D38 City of Sebostopol
Ihe Conopy
Compliance Verification
Mitigation Measure Action Required Timing Freq u ency Responsibility lnitial Date Comments observed, they shall be photographed
for identification following the USFWSguidance in Appendix A StondordizedBee Photogrophy in the Survey Protocols for the Rusty Patched Bumble Bee
(Bombus offinis) (USFWS 2019). lfconstruction begins between March 1 and November 1, the ground shall also
be searched during the survey for activebumble bee colonies. No capture orhandling 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.BIO-1(b) Roosting Bat Surveys and Avoidance Priorto RemovalPrior to tree removal or ground disturbance, a qualified biologist shallconduct a focused survey of all trees within the project site, to determinewhether active roosts of special status bats are present. lf tree removal isplanned for the fall or winter, the survey shall be conducted in September toensure tree removal would haveadequate time to occur outside periodsof hibernation and during seasonal periods of bat activity (March 1 to April15, September 1 to October 15, or in anymonth when evening temperatures rise above 45 degrees Fahrenheit and/or no
more than 0.5 inch of rainfall within 24hours occurs, as described below). lf tree removal is planned for the spring,then the survey shall be conductedduring the earliest feasible time in March to allow for suitable conditions
for the detection of bats. and
ground survey is
completed.
r lf bumble bees are found
during the pre-constructionsurvey, confirm they arephotographed foridentification and avoided during construction.
During tree removal or ground
disturbance, the City shallensure that a qualifiedbiologist has conducted asurvey to detect active bat roosts. lf roosts are present,
construction will commenceonly 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
4 N,4iiigotion Mcniiorlng cind Repariing Progrern
DocuSign Envelope lD: C5D55FC6-57AC4982-A924-90AC34E82D38 City of Sebostopol
Conopy
Compliance Verif ication
Mitigation Measure Action Required Timing Frequency Responsibility lnitial Date Comments subsequent tree removal. Treescontaining suitable potential bat roosthabitat features shall be clearly marked or identified. lf day roosts are found to
be potentially present, the biologist shallprepare a site-specific roosting batprotection 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 identifiedas 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 below45 degrees Fahrenheit
and/or more than 0.5
inch of rainfall within 24hours occurs.
b) Between March l and
April 15, or after eveningtemperatures rise above45 degrees Fahrenheit and/or no more than 0.5inch of rainfall within 24hours occurs.
2. lf a tree must be removed
during the breeding season
and is identified as potentiallycontaining a maternity roost,then a qualified biologist shallconduct visual or acoustic Mitigotion Monitoring ond Reporting Progrom 5
DocuSign Envelope lD: C5D55FC6-57 AC49B2-A924-904C34E82D38 City of Sebostopol
Ihe Conopy
Compliance Verif ication
Mitigation Measure Action Required Timing FrequencV Responsibility lnitial Date Comments emergence surveys or
implement other appropriatemethods as determined by
the biologist to further
evaluate if the roost is an
active maternity roost. lf it isdetermined 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 notbe an active maternity roost, the tree or structure may be
removed under the guidanceof the qualified biologist.
Potential non-colonial
hibernation roosts shall onlybe removed during seasonalperiods of bat activity outside the hibernation and breedingseasons. Potential noncolonial roosts that cannot beavoided shall be removed on warm days in late morning to
afternoon when any batspresent are likely to be warmand able to fly. Appropriatemethods as determined by the qualified biologist shall be
used to minimize thepotential harm to bats during
tree or structure removal. Fortrees, such methods may
include using a two-step treeremoval process. This methodis conducted over two consecutive days and works
bv creating noise and
Miiigciion N'iorilorlng ond Repo*inE Progrcm
DocuSign Envelope lD: C5D55FC6-57AC-4982-A924-90AC34E82D38 City of Sebostopol
Conopy
Compliance Verif ication
Mitigation Measure Action Required Timing Frequency Responsibility lnitial Date Comments vibration by cutting nonhabitat branches and limbsfrom habitat trees using chainsaws only (i.e., noexcavators or other heavy
machinery) on the first day
with the remainder of tree
removal occurring on the
second day.
BIO-1(C) Nesting Bird Suruey
lf 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 determinethe presence/absence of nesting birds and raptors within the project site andadjacent areas. The survey shall include the entire site plus a 100-foot buffer, as
accessible. lf active nests are found, thequalified biologist shall establish anappropriate avoidance buffer,considering the species sensitivity and physical location of the nest (e.g., line of
site to the work area), to comply withCFGC 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 preventencroachment, the established buffer(s)shall be clearly marked by high visibilitymaterial installed by the contractor. Theestablished buffer(s) shall remain in . lf initial ground disturbance occurs during February 1 through August 31, confirm a qualified biologist has been retained to conduct a nesting bird pre- construction survey in the disturbance footprint and buffer area. o Confirm a report ofthe nesting bird and raptor survey results is submitted to the City. r lf 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. a Prior to construction: Confirm initial grounc disturbance timing; confirm retention of qualified biologist for pre- construction 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 pre- construction 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 a Mitigotion Monitoring ond Reporting Progrom 7
DocuSign Envelope lD: C5D55FG6-57AC-4982-A924-904C34E82D38 City of Sebostopol
The Cqnopy
Compliance Verification
Mitigation Measure Action Required Timing Frequency Responsibility lnitial Date Comments effect until the young have fledged or
the nest has been abandoned as
confirmed by the qualified biologist. TheCity shall review and approve the biologists' findings and buffer during
construction, as appropriate.
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, basedon the City of Sebastopol tree mitigation requirements for protected native trees,
as determined by the Tree Board or theCity Arborist. Two replacement trees shall be either planted onsite for each
protected tree removed or at a Cityapproved offsite location, or a fee of S75per replacement tree would be provided to the City of Sebastopol tree fund inlieu for off-site tree planting in thecommunity. lf onsite/offsite planting is implemented, a replacement tree
planting plan shall be approved by the
City along with landscape plans prior to
Project implementation
o Confirm that all protected
trees are replaced in
accordance with Cityrequirements.
o Confirm that all removed
trees are replaced by twotrees onsite, an approved
offsite location, or an inlieu fee is paid.
r Confirm City approval of
landscape plans
of qualified
biologist for onsite monitoring, ifrequired.
Prior to project
implementation
Once r City of
SebastopolTree Board
. City of
SebastopolArborist/Planni
ng Department
Cultural ResourcesCUL-2 ArchaeologicalResouuesAssessment, Evaluation,andfreatment ln the event that archaeologicalresources are unexpectedly encountered during ground-disturbingconstruction activities, the construction contractor shall halt work within 100feet of the find, and an archaeologist meeting the Secretary of the lnterior'sProfessional Qualifications Standards for archaeology (National Park Service
1983) shall be contacted immediately to
Confirm work is halted if
any archaeological
resources are identified
during projectconstruction, until theresource can be evaluatedby a qualified archaeologistand the Native American monitor.
o Confirm work is
halted if aresource isidentified and
evaluated during
construction.
Confirm
prehistoric
resources are
evaluated by a
As needed during
construction
City ofSebastopol
PlanningDepartment
a
R Mitigoiion Mcniiorlng ond Repcrting Progrc!^n
DocuSign Envelope lD: C5D55FC6-57AC-4982-A924-90AC34E82D38 City of Sebostopol
Conopy
Compliance Verification
Mitigation Measure Action Required Timing Frequency Responsibility lnitial Date Comments evaluate the find, as well as theSebastopol Planning Department. lf the find is determined by the qualified
archaeologist to be Native American inorigin, then a Native American representative shall also be contacted toparticipate in the evaluation of the find.lf necessary, archaeological testing for CRHR eligibility shall be completed. lf
the discovery proves to be eligible forthe CRHR and impacts to the resource cannot be avoided via project redesign,
a qualified archaeologist shall prepare adata recovery plan tailored to the physical nature and characteristics of
the deposit, per the requirements of
PRC Section 15126.4(bX3XC). The datarecovery plan shall identify datarecovery 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, shallrecover and document the scientifically consequentia I information that justifies
the resource's significance. The City shall
review and, in consultation with approve
the treatment plan and archaeologicaltesting as appropriate, and the resulting documentation shall be submitted to the
regional repository of the California
Historical Resources lnformation
System, per PRC Section
1s126.4(bx3xc).
a Ensure that all identified
prehistoric resources arealso evaluated by a Native
American representative.
Native American
monitor followingdiscovery.
Mitigotion Monitoring ond Reporting Progrom I
DocuSign Envelope lD: C5D55FC6-57AC-4982-A924-90AC34E82D38 City of Sebostopol
The Conopy
GEO-I PaleontologicalResourcesMonitoringandMitigation
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 aPaleontological Resources Mitigation and Monitoring Plan, which shall directall mitigation measures related to paleontological resources.
Paleontological Worker Environmental
Awareness Program.
Prior to the start of construction, the
Qualified Professional Pa leontologist or
their designee shall conduct a
paleontological Worker Environmental
Awareness Program (WEAP) training forconstruction personnel regarding theappearance of fossils and the procedures for notifying paleontological
staff should fossils be discovered byconstruction personnel.Paleontological Monitoring.
Full-time paleontological monitoring
shall be conducted during grounddisturbing construction activities within previously undisturbed sediments.Paleontological monitoring shall be conducted by a paleontological monitorwith experience with collection andsalvage of paleontological resources and who meets the minimum standards ofthe SVP (2010) for a Paleontological Resources Monitor. The QualifiedProfessional Paleontologist may o Confirm a Paleontological
Resources Mitigation andMonitoring Plan has been
prepared.
o Confirm WEAP training has
been conducted.
o Confirmpaleontological
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.
o Confirm any
paleontological resource
discovered during
construction is examined
by a Qualified Professional
Paleontologist and
mitigated appropriately.
r Confirm City receipt of a
Final Paleontological
Mitigation Report.
o Draft a
Paleontological
ResourcesMitigation andMonitoring Planprior to excavation. . Conduct WEAP
training prior to thestart ofconstruction.
o Monitor during the
duration of grounddisturbingactivities. . Prepare the finalreport upon completion ofground-disturbing.
Prior to the start ofconstruction activities,
during the duration of
ground disturbing
activities, and then as
needed during
construction
City of
Sebastopol
PlanningDepartment
Miligoiion McnliorlnE oncl ReporlinE Progror'-l
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Compliance Verification
Mitigation Measure Action Required Timing Frequency Responsibility lnitial Date Comments recommend that monitoring be reducedin frequency or ceased entirely based on geologic observations. Such decisions
shall be subject to review and approval
by the City of Sebastopol. ln 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. lf the fossil(s) is (are)
not scientifically significa nt, then
construction activity may resume. lf it isdetermined that the fossil(s) is (are)scientifically significant, the followingshall be completed:o 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 toconstruction activity. ln some cases, larger fossils (such as complete
skeletons or large mammal fossils)
require more extensive excavationand longer salvage periods. Bulkmatrix sampling may be necessary torecover small invertebrates ormicrovertebrates from withinpaleontologically sensitive deposits.
After the fossil(s) is (are) salvaged,
construction activity may resume.
r Fossil Preparation and Curation.
Fossils shall be identified to thelowest (i.e., most-specific) possible taxonomic level, prepared to a
curation-readv condition, and
Mitigotion Monitoring ond Reporting Progrqm t1
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Compliance Verif ication
Mitigation Measure Action Required Timing Freque ncy Respon sibilitv lnitial Date Comments curated in a scientific institution witha permanent paleontologicalcollection along with all pertinent field notes, photos, data, and maps.
Fossils of undetermined significance
at the time of collection may alsowarrant curation at the discretion of the Qualified Professional
Paleontologist.
Final Paleontological Mitigation Report,
Upon completion of ground-disturbing
activities (or laboratory preparation andcuration of fossils, if necessary), theQualified Professional Paleontologist shall prepare a final report describingthe results of the paleontological monitoring efforts. The report shallinclude a summary of the field andlaboratory methods employed; an overview of project geology; and, if
fossils were discovered, an analysis ofthe fossils, including physicaldescription, taxonomic identification,and scientific significance. The reportshall be submitted to the City ofSebastopol and, iffossil curationoccurred, the designated scientific institution.
Greenhouse Gas Ernissions
GHG-1 CALGreen Tier 2 EV Requkements
Prior to issuance of building permits, the
City Engineer and the Chief BuildingOfficial shall confirm that the applicantshall include the following design feature as part of the project to be
consistent with CALGreen Tier 2 EVstandards:
Confirm project designincludes a minimum of 15percent of total parking spacesbe equipped with EV charging stations.
Prior to issuance ofbuilding permits
Once City of
Sebastopol
BuildingDepartment
i2 Miiigotion Moniioring onci Repcrting Progi'cm
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Compliance Verif ication
Mitigation Measure Action Required Timing Freq uency Responsibility lnitial Date Comments A minimum of 15 percent of the total
number of parking spaces shall be
equipped with EV charging stations.
Hazards and Razardous Materials
HAZ-3(af DTSC Regulatory Agency Submittal
The DTSC shall continue to be utilizedfor agency oversight of assessment and remediation of the project site through
completion of grading and siteconstruction activities. Prior to commencement of construction andgrading 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:
o Current development plan and any
modifications to the developmentplan
r All environmental documents
completed for the project, including
this EIR document . Anyfuture 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 actionssuch as: development of subsurface investigation workplans; completion of
soil, soil vapor, and/or groundwatersubsurface investigations; installation ofsoil vapor or groundwater monitoring wells; soil excavation and offsite
disposal; completion of human health
risk assessments; and/or completion ofremediation reDorts or case closure Confirm applicant submits
relevant cleanup case
documents to the DTSC
Prior to the issuance of
grading pernits; priorto the start of
construction and
grading activities
Once r City of
Sebastopol
PlanningDepartment
Miligotion Monitoring ond Reporling Progrom l3
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Compliance Verif ication
Mitigation Measure Action Required Timing Frequency Responsibility lnitial Date Comments documents. The DTSC approval shall besubmitted to and reviewed andaccepted 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
qualifi ed consultant {ProfessionalGeologist IPG] or Professional Engineer [PE]) to prepare a Soil Management Plan(SMP) for the project site. The SMP shall address:
L. On-site handling and management
of impacted soils or other
impacted wastes (e.9., stained soil,
and soil or groundwater withsolvent or chemical odors) if suchsoils or impacted wastes areencountered, and
2. Specific actions to reduce hazards
to construction workers and
offsite receptors during theconstruction 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-sitemigration of contaminants from theproject site. These measures andpractices may include, but are notlimited to:
o Stockpile management, including
stormwater pollution prevention and
the installation of BMPs
r Proper disposal procedures for
contaminated materials
r Confirm the applicant has
retained a qualified
consultant to prepare aSMP.
o Confirm the SMP includes
remedial measures and soilmanagement practices. . Ensure the DTSC hasreviewed and approved the SMP
Prior to the issuance of
grading permits the
City shall review
Prior to the
construction (grading)activities at the projectsite the DTSC shall review.
Once prior to theissuance of grading
permits; once prior to
the start of
construction activities;
then periodically
during the duration ofconstruction activities.
r City of
Sebastopol
EngineeringDepartment
r4 Mitigciion Moniioring ond Reporting Progronn
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Compliance Verification
Mitigation Measure Action Required Timing Freq uency Responsibility lnitial Date Comments . lnvestigation procedures for
encountering known and unexpectedodorous or visually stained soils, other indications of hydrocarbon
piping or equipment, and/or debris
during ground-disturbing activities
. Monitoring and reportingo A health and safety plan for contractors working at the projectsite that addresses the safety and health hazards of each phase ofproject site construction activities with the requirements and
procedures for employee protection
o The health and safety plan shall
outline proper soil handlingprocedures and health and safetyrequirements 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 Cityshall confirm that DTSC has approved the SMP prior to issuing grading permitsThe project applicant shall implementthe SMP during, grading and construction at the project site.NoiseNOI-I Mechanical Equipment Noise Re&rction For outdoor condensing units (HVAC)
and transformers directly adjacent tonoise-sensitive receptors, provide a solidbarrier with a height blocking the lineof-sight to the nearby noise-sensitivereceptors. The minimum density of thebarrier shall be 2 pounds per square foot with no holes or gaps. Once final
Confirm solid barriers are
between sensitivereceptors and HVAC and/or
transformers.
Confirm an acousticalanalysis is conducted prior
to final design to verify
comoliance with the CiVs
Once after final
equipment selection ismade.
Once City of
Sebastopol
PlanningDepartment
a
Mitigotion Monitoring ond Reporting Progrom l5
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Compliance Verification
Mitigation Measure Action Required Timing Frequency Responsibility lnitial Date Comments equipment selection is made, anacoustical analysis of the noise from project mechanical and electrical
equipment to surrounding properties
must be completed by a qualified
acoustical consultant prior to finaldesign to verify compliance with theCit/s nighttime exterior noise standardof45 dBA. nighttime exterior noise
standard of 45 dBA.
Transportati€n
TRA-I Pedestrian canneaivity and Safery
A new pedestrian path shall be added to
link the project and mixed commercial
office park to the new HAWK crossingacross the north leg of the intersectionofSR 116/Danmar Drive before anoccupancy permit is issued.
Confirm a new pedestrian
pathway is added to theproject.
Prior to issuance of
an occupancy permit.
Once City of
Sebastopol
PlanningDepartment
Tribal Cultural ResourcesTCR-I Suspensim of Wort Around Tribal Cultural Resources lf cultural resources of Native American . origin are identified duringimplementation of the proposed project, all earth-disturbing work within 50 feetof the find shall cease and desist until anarchaeologist has evaluated the natureand significance of the find as a cultural resource and an appropriate local Native
American representative is consulted.
Staking of the area of discovery will beimplemented 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. lf the City, in
consultation with local Native Americantribes, determines that the resource is atribal cultural resource and thus significant under CEOA, a mitigation planshall be oreoared and imolemented in Confirm work is haltedwork within 50 feet of any
identified cultural resource
of Native American originduring construction, until
the resource can be
evaluated by a local Native
American representative.
Confirm a mi:igation plan is
prepared and implementedif the City and local Native
American representative
determine the identified
resources is a tribal culturalresource.
o
o Confirm work is
halted if a culturalresource of Native
American origin is
identified during
construction.
r Confirm a
mitigation plan isprepared andimplemented
following
determination thata discovery is a
tribal cultural
resource.
As needed during
construction
City of
Sebastopol
PlanningDepartment
16 Mitigotion Moniioring and Reoorting Progrom
DocuSign Envelope lD: C5D55FC6-57 AC49B2-A924-90AC34E82D38 City of Sebostopol
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Compliance Verif ication
Mitigation Measure Action Required Timing Frequency Responsibility lnitial Date Comments accordance with state guidelines and inconsultation with local Native Americangroup(s). The plan shall includeavoidance of the resource or, ifavoidance of the resource is infeasible, the plan shall outline the appropriatetreatment of the resource in coordination with the appropriate local
Native American tribal representative
and, if applicable, a qualifiedarchaeologist. Examples of appropriate mitigation for tribal cultural resourcesinclude, but are not limited to,protecting the cultural character andintegrity of the resource, protecting traditional use of the resource,
protecting the confidentiality of th€resource, or heritage recovery.
Mitigotion Monitoring ond Reporting Progrom 17