EXHIBIT BA
DRAFT CONDITIONS OF APPROVAL
Density Bonus, Vesting Tentative Map for 8100 Valentine Avenue APN 004-510-054, File# 2025-067
PLANNING:
1. Plans and elevations shall be in substantial conformance with plans prepared by Rob Toste and Bassani and Lagoni stamped received on December 23, 2025, revised on March 4, 2026, revised March 12, 2026, revised April 17, 2026, and further revised May 21, 2026, and further revised September 3, 2026 and on file at the City of Sebastopol Planning Department, except as modified herein.
2. A Tree Removal permit is required for any protected trees proposed for removalThis condition sets forth how Sebastopol Municipal Code Chapter 8.12 (“Tree Protection Ordinance”) shall apply for this Project, taking into consideration the City's approval of the applicant's requested concession, under Government Code Section 65915, from the Tree Protection Ordinance. Compliance with this condition is required prior to issuance of any grading or building permit. Work performed by City staff in fulfillment of this condition, including the City Arborist or other consultants, shall be at the applicant’s expense.
A. Pre-Permit Submittal: Tree Preservation and Mitigation Plan Prior to the issuance of any grading or building permit, applicant shall submit a Tree Preservation and Mitigation Plan (TPMP), prepared by a California-registered, ISA-certified arborist, for review and written approval by the City Arborist. The TPMP shall identify trees likely to be compromised by construction activities resulting from the approved project. City Arborist approval of this plan is a prerequisite to (i) submittal of the Final Landscape and Irrigation Plan to the Planning Director under Section B.c, and (ii) issuance of any grading permit. The TPMP plan shall include:
a) An inventory of all protected native trees and trees 20 inches dbh (diameter at breast height) or greater on site, with species, size, and location;
b) For each tree proposed for removal: species, current dbh, and written arborist certification that removal is necessary to construct the project as designed, with supporting explanation;
c) For each tree to be retained: designated Tree Protection Zones and protective measures (fencing, root barriers, construction exclusion areas) consistent with Sebastopol Municipal Code Section 8.12, to also be shown on the Grading and Improvement Plans; and Calculation of the 2:1 replacement mitigation requirement described in Section B.2. Tree protection measures shall be installed before any grading or construction activity begins and shall remain in place until construction is complete and released in writing by the City Arborist.
B. Mitigation: Tree Replacement
a) Ratio. For each protected native tree or tree 20 inches dbh or greater that is removed, applicant shall plant two (2) replacement trees, minimum 24-inch box nursery stock, at a 2:1 ratio. A reduced ratio may be approved only on applicant's written showing of genuine site Agenda Item Number 7 Agenda Item Number 7
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infeasibility (not design preference), subject to City Arborist approval. b) Species and Location. Replacement trees shall be native or droughttolerant species suited to local soil and climate conditions, as approved by the City Arborist, and shall be planted on the project site to the maximum extent feasible. Any new trees planted on the project site that meet the size (24-inch box) and species requirements shall qualify as a replacement tree. If on-site planting is infeasible due to documented space, soil, or utility constraints, replacement trees may be planted at another City-approved location within Sebastopol, subject to City Arborist approval. Off-site trees, if planted, may be 15-gallon (3-year) nursery stock.
c) Landscape Plan. Following City Arborist approval of the Tree Preservation and Mitigation Plan under Section A, applicant shall submit a Final Landscape and Irrigation Plan for Planning Director review. The Planning Director’s, or his or her designee’s, review shall be limited to determining the plan's consistency with the applicable objective standards of Section 4.030 (Landscaping and Lighting) of the City's adopted Objective Design Standards; the Planning Director shall not have discretion to modify the tree replacement ratio, species list, or other mitigation requirements established under Section A and this Section B.
The TPMP shall show the species, size, and location of all replacement trees; a minimum five-year irrigation and establishment care program; and a planting schedule completing all mitigation planting prior to final inspection of any home within the subdivision.
Establishment and Replacement of Failures. Replacement trees shall be maintained and monitored for five (5) years from planting, at applicant's expense, with one (1) maintenance report submitted to the City each growing season (May through September). A replacement tree is considered failed if it dies at any point during the five-year period or falls below 80% canopy survival by year three. Any failed tree shall be replaced at applicant's sole cost, within one growing season of the failure determination. Tree stakes, ties, and protective guards shall not be removed until the City Arborist confirms in writing that the tree is established (typically 2-3 years).
C. Construction-Phase Protections and Inspections
a) No grading or tree removal shall occur until the TPMP is approved by the City Arborist and the Planning Director, or his or her designee. b) During construction, no equipment, materials, spoils, or fill may be stored, and no grading, excavation, or utility trenching may occur, within a Tree Protection Zone without prior written City Arborist approval.
Applicant's land development contractor shall attend a mandatory preconstruction meeting with the project arborist to review these requirements.
c) All tree work shall be performed by licensed, City-approved contractors experienced in arboriculture and shall comply with current ISA Standards Agenda Item Number 7
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for Tree Care Operations (ANSI A300) and Sebastopol Municipal Code Chapter 8.12. Tree removal and the grading related to the tree removal shall occur only between November and March, unless otherwise approved in writing by the City Arborist.
d) The City Arborist may inspect the site at reasonable times, including before grading begins, after installation of tree protection measures, after completion of construction, during planting, and during the five-year establishment period.
D. Enforcement
2.e) Violation of this condition — including unauthorized tree removal, damage to protected trees or Tree Protection Zones, failure to timely submit required plans, or failure to plant or maintain mitigation trees as required — is subject to stop-work orders, suspension or revocation of grading or building permits, withholding of occupancy approvals, and the remedies and penalties set forth in Sebastopol Municipal Code Chapter
8.12. 3. The project site includes protected trees intended to remain. Protective measures are required for these trees. The applicant shall provide a tree replacement and mitigation plan pursuant to Sebastopol Municipal Code 8.12.060 and Tree Protection Measures shall be submitted for review and approval by the City Arborist prior to recordation of the Final Map. Grading Plans shall include the approved Tree Protection measures and fencing locations on a Map Sheet.
4. During any point of the construction phase if there is a need for removal of additional trees the applicant shall provide a qualified arborist report showing the findings of Section 8.12 of the Sebastopol Municipal Code being met and the Planning Director, or their designee shall review the report and administratively approve the removal without the need to trigger further Design Review or Tree Board approval.
4. Project will fully comply with the Inclusionary Housing requirements set forth in Section
17.250 of the Sebastopol Municipal Code, and an Affordable Housing Agreement shall be executed and recorded prior to or concurrent with issuance of any Building Permits.
This condition shall be included as a note on the Final Map.
5. The Project is subject to the Inclusionary Housing Program and shall provide 3 single-family units as affordable to households with incomes not above 120% of AMI in perpetuity. Prior to recordation of the Final Map, the applicant shall provide an Affordable Housing Plan for the review and approval of the Planning Director. The AHP shall outline the project’s compliance with Inclusionary requirements and long-term affordability. The AHP shall include a site plan diagram designating the location and phasing of the affordable units, along with the number of bedrooms and bathrooms. Placement, phasing, and a note regarding compliance shall be placed on the Final Map prior to recordation.
6. Design Review Board approval is required for the design of the units, site features, landscaping, and site amenities. Design Review is not required for the Accessory Dwelling Units (ADUs).
7. 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 Formatted: Right: 0", Numbered + Level: 2 +
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accordance with the State Subdivision Map Act except that the applicant may request a one (1) year extension of project approvals from the Planning Director, pursuant to Section 17.250.050 of the Zoning Ordinance, prior to expiration of the initial two-year term.
8. The Planning Director shall interpret applicable requirements in the event of any redundancy or conflict in the conditions of approval.
9. This approval does not include any signs. Any signs that will identify the subdivision or use of this property are subject to the prior approval of the Design Review Board or City staff, as appropriate.
10. The HOA shall ensure that the secondary resident evacuation route for residents on the western side of the site is maintained as fully clear, from ground to sky, at all times. No fencing or other structures may be placed within this area.
11. The project shall adhere to the provisions of Chapter 17.220.025 of the Sebastopol Municipal Code for the condominiumization of the Accessory Dwelling Units.
12. The applicant shall provide a Waste Management Plan (WMP) for the approval of the Planning Director and Waste Management Agency prior to recordation of the Final Map.
13. Dog park fencing may be installed within the City’s PUE only as a temporary, removable structure. No other structures may be placed within the ’City's existing 25’ PUE along the easterly property line. No permanent structures may be placed within the existing eastern 25’ public utility easement including carports or any other permanently erected structures, and no semi-permanent items may be placed without the express written consent of the City.
14. Applicant agrees that property owner and/or HOA shall have sole responsibility for the replacement of any pavement, landscaping, or fencing that is placed within the public utility easement should it become necessary for City to remove or damage private improvements to access the public utilities.
15. Prior to Final Map recordation, the applicant shall submit CC&Rs for the 8100 Valentine Avenue subdivision to the City for review and approval by the Planning Director. No CC&Rs shall be recorded, amended, or terminated without prior City approval. The City retains the right, but not the obligation, to enforce any CC&R provision tied to City imposed conditions of approval, including common area maintenance, shared driveways, and protected tree retention/mitigation requirements.
16. The applicant shall ensure that during any vegetation clearing, tree removal or trimming, grading, or other construction activity occurring during the nesting season (February 1 through August 31), the applicant shall do all of the following:
A. Retain a qualified biologist to survey for active nests of special-status birds, migratory birds, and raptors no more than 14 days before that work begins. The survey shall cover the construction area plus 100 feet around it.
B. If work stops for more than seven consecutive days during the nesting season, Agenda Item Number 7
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repeat the survey before work resumes.
C. Submit the survey results to the Planning Department before work begins or resumes.
D. If no active nests are found, work may proceed.
E. If an active nest is found, fence or flag a no-disturbance buffer around it: 100 feet for raptors and owls, and 50 feet for all other birds. Keep all construction activity, equipment, and staging out of the buffer until the biologist confirms in writing that the young have fledged or the nest is no longer active. Submit that confirmation to the Planning Department before any work takes place inside the buffer.
A.F. If a state or federally listed bird species is found nesting within the survey area, stop all work within 100 feet of the nest and notify the California Department of Fish and Wildlife (CDFW), the U.S. Fish and Wildlife Service (USFWS), and the Planning Department. Work within that area may resume only once the applicant has done whatever those agencies require.
17. Cultural Resources and Human Remains. If prehistoric or historic-era cultural resources or human remains are found during ground-disturbing activities, the applicant shall do all of the following:
A. Cultural resources. If equipment operators or construction crews find prehistoric or historic-era resources, stop all ground-disturbing work within 50 feet of the find and notify the Planning Department within 24 hours. Retain an archaeologist who meets the Secretary of the Interior's Professional Qualification Standards for Archaeology to inspect the find and give written treatment recommendations. The applicant shall submit those recommendations to the Planning Department. Work within 50 feet of the find may resume only once the archaeologist confirms in writing that the recommended treatment has been carried out.
15.B. Human remains. If human remains are found, stop all work within 100 feet of the find, secure the area against further disturbance, and notify the Sonoma County Coroner and the Planning Department right away, as required by California Health and Safety Code Section 7050.5. If the Coroner decides the remains are Native American, the Coroner will notify the Native American Heritage Commission (NAHC) within 24 hours. The NAHC will then name a Most Likely Descendant (MLD). The applicant shall follow the process in Public Resources Code Section 5097.98 for the treatment and disposition of the remains, including any reinterment it requires. The applicant shall also retain an archaeologist meeting the qualifications in item (a). Working with the MLD, the archaeologist shall assess how significant the find is and how likely it is that more remains will be found, and give written treatment recommendations. Submit those recommendations to the Planning Department. Work within 100 feet of the find may resume only once the Coroner, and the MLD if Native American remains are involved, have finished their steps under state law and the archaeologist confirms in writing that the recommended treatment has been carried out.
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Engineering and Public Works Department
16.18. A Final Map shall be prepared and submitted to the City Engineer and Planning Director for review and approval along with the following supporting data: a current (within the most recent three months) Preliminary Title Report including the grant deed and relevant title items, Joint Access Easement Agreement, Private Storm Drain Easement, private utility easements (for separate water, sewer and public utility services), closure calculations, copies of existing easements, and copies of records used to prepare survey (such as deeds and easements, filed maps, etc.). The content and form of the Final Map shall comply with Government Code Section 66434. Upon approval and acceptance by the City, the map will be released to the Applicant’s title company for filing at the office of the Sonoma County Recorder. The Applicant shall provide the number and types of copies to the City as directed by the City Engineer.
17.19. Three-quarter inch iron pipe monuments shall be set at all tract corners and at all lot corners, unless otherwise approved by the City Engineer. Street centerline monuments shall be set as directed by the City Engineer. Per Government Code Section 66441, applicant’s Surveyor shall provide a statement that all monuments have been set. Such statement shall be provided prior to recordation of the Final Map, or the applicant shall deposit with the City a cash deposit in the amount estimated by the applicant’s surveyor for setting all required subdivision monumentation as security for the faithful performance of all work in setting monuments and as security for the payment of the surveyor who set the monuments. Monument security will be released upon submittal of statement by applicant’s Surveyor.
18.20. Lighting Assessment District. Prior to recordation of the Final Map, the property owner shall execute and record a covenant running with the land, in a form approved by the City Attorney and City Engineer, binding the owner and all successors, heirs, and assigns to annex the subdivision, including all lots and any designated remainder parcel, into the existing City of Sebastopol Lighting Assessment District. The covenant shall be recorded concurrently with or prior to the Final Map.
19.21. 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. The applicant shall pull all necessary Encroachment permits and be granted City approval prior to any work being performed.
20.22. Sewer Capacity: The project shall pay its proportionate share of the costs to address existing sewer capacity issues affecting the 6-inch sewer line serving the project. Based on current estimates, the project’s share is approximately $88,605 (39 of 317 units). The amount paid under this condition shall be credited against the overall sewer impact fees due for the project.
21.23. Water Services and Meters. Individual domestic water services and meters shall be installed for each lot in locations approved by the City. Meter sizing shall be based upon anticipated demand and approved by the City Engineer
24. Frontage Improvements. The applicant shall construct all required frontage Agenda Item Number 7
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improvements along Valentine Avenue, as determined by the City Engineer, including pavement widening or restoration, curb, gutter, sidewalk, curb ramps, driveways, street lighting, signing, striping, utility adjustments, and other associated improvements necessary to serve the subdivision.
22. Upon completion of utility installations, the applicant shall return the roadway to the same condition, which will include a full width pave without trench cuts. restore all pavement cuts and associated roadway damage to the satisfaction of the City Engineer.
In addition, the applicant shall apply a Type II slurry seal conforming to Caltrans Standard Specifications, Section 37, across the full paved roadway width of Valentine Avenue for the full length of the project frontage. Pavement preparation and any necessary localized pavement repairs shall be completed before application of the slurry seal, as determined by the City Engineer. Following completion of the slurry seal, the applicant shall reinstall all existing roadway striping and pavement markings within the treated area, consistent with the existing roadway configuration and to the satisfaction of the City Engineer.
23. 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 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
25. adjacent parcel.
24. 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
26. site drains must be connected to the public storm drain system or to an approved bioretention area and then discharged to an established waterway.
25.27. Prior to recordation of a Final Map, the applicant shall execute and record a PostConstruction Stormwater Agreement with the City of Sebastopol.
Building Department:
26.28. 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.
Fire Department:
27.29. Prior to approval of final improvement plans, the applicant shall submit a Fire Apparatus Access Plan for review and approval by the Fire Code Official. The plan shall identify all required fire apparatus access roads, emergency access routes, fire lanes, no-parking areas, hydrants, turning areas, gates/bollards, and vertical-clearance requirements. Required access shall comply with CFC 501.3 and 503.1.1.
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28.30. All portions of the development designated or relied upon as required fire apparatus Formatted: Indent: Left: 0.25", No bullets or
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access roads shall provide not less than 20 feet of unobstructed width and 13 feet 6 inches of unobstructed vertical clearance, except where an alternative modification is expressly approved pursuant to applicable code.
29.31. The 12’ emergency egress route for project residents shall not be represented or relied upon as a compliant fire apparatus access road unless redesigned and approved by the Fire Chief under code authority (CFC 503.1.2, 503.2.1 and 503.2.2).
30.32. Any dead-end fire apparatus access road exceeding 150 feet shall terminate in an approved fire apparatus turnaround. Final plans shall include a turning analysis demonstrating accommodation of the Gold Ridge Fire Protection District design apparatus throughout the required route and turnaround.
31.33. No carport, covered parking structure, or other fixed improvement shall encroach upon the required fire apparatus access width, vertical clearance, or approved apparatus turning envelope. Covered parking adjacent to the principal driveway curve and secondary resident evacuation route shall be relocated, modified, or removed where approved apparatus analysis demonstrates operational conflict.
32.34. Approved fire lanes and permanent no-parking areas shall be established and maintained at the fire apparatus turnaround, along portions of the principal access road necessary to maintain required apparatus clearance, at emergency-access entrances, adjacent to hydrants, and other locations identified on the approved Fire Apparatus Access Plan. Appropriate signs, curb markings, or other approved markings shall be installed and maintained.
33.35. Where the secondary emergency access is restricted from routine civilian vehicle use, approved gates, , or other barricades may be installed subject to approval of the Fire Code Official. Any such device shall provide immediate emergency access to Gold Ridge Fire Protection District through an approved means of operation.
34.36. Fire hydrants and required fire-protection water supplies shall be installed and maintained in locations approved by the Fire Code Official. Access to hydrants shall remain unobstructed, and not less than three feet of clearance shall be maintained around the circumference of the hydrants unless otherwise approved. Required fire flow, hydrant locations, and distances shall comply with the applicable provisions of CFC 507.
35.37. Prior to recordation of the final map or condominium plan, as applicable, the applicant shall incorporate into the recorded CC&Rs or equivalent maintenance instrument a continuing prohibition against parking, storage, landscaping, planters, furniture, refuse containers, or other obstructions within the designated fire apparatus access roads, emergency access routes, fire lanes, turnaround areas, and required hydrant clearances. These private maintenance obligations shall not limit independent enforcement by the City or Fire District under applicable law.
36.38. Required fire apparatus access and required fire-protection water supply shall be installed and made serviceable prior to the start of framing, unless an approved alternative method of protection is authorized.
37.39. All new primary one- and two-family dwellings shall be protected throughout by an approved automatic residential fire-sprinkler system. Each ADU shall also be protected where Agenda Item Number 7
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fire sprinklers are required for its associated primary residence. Systems serving buildings within the scope of the California Residential Code shall be designed and installed in accordance with CRC R313 and either NFPA 13D or CRC R313.3.1.1, as applicable, and shall be submitted to the Fire Code Official for review and approval before installation.
Buildings outside of the scope of the CRC shall comply with CFC 903.2.8 and 903.3 using the system standard applicable to the final occupancy and building configuration. An ADU shall not be required to provide fire sprinklers when sprinklers are not required for the primary residence, and construction of an ADU shall not trigger sprinklers in an existing primary dwelling, consistent with Government Code 66314(d)(12) and 66323(d).
38.40. Approved smoke alarms shall be installed in every primary dwelling and every ADU in each sleeping room, outside each separate sleeping area in the immediate vicinity of the bedrooms, and on every story of the dwelling, including basements and habitable attics, as applicable. In new construction, alarms shall receive power from the building wiring with battery backup and shall be interconnected so activation of one alarm activates all alarms within the individual dwelling unit. Devices shall be listed, installed in accordance with the manufacturer's instructions, and verified operational before final occupancy.
39.41. Before final occupancy of each phase or dwelling, the applicant shall obtain approval of all required fire and life-safety installations applicable to that phase or dwelling, including fire apparatus access, fire lanes, hydrants and water supply, emergency-access controls, residential fire sprinklers, and smoke alarms. Deficiencies identified during inspection shall be corrected before occupancy.
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