Sonoma City Council
November 2, 2022

City Council:

Jack Ding, Mayor
Kelso Barnett, Vice Mayor
Madolyn Agrimonti
Robert Felder
Sandra Lowe
This meeting of the City Council will be conducted in person, and telephonically through Zoom. The City Council will attend the meeting in person. The public is encouraged to attend either in person or remotely through Zoom. The meetings will continue to be live streamed on the City’s CivicWeb Portal (sonomacity.civicweb.net) and YouTube Channel. Please see the agenda below for information on public participation.

REGULAR MEETING AGENDA

OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, November 2, 2022
https://us06web.zoom.us/j/83552502390
6:00PM Regular Meeting
Be Courteous - TURN OFF your cell phones and pagers while the meeting is in session.

The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.

No new items will begin after 9:00pm unless a majority of the members present vote to allow the items to be heard.

Page
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER & PLEDGE OF ALLEGIANCE
ROLL CALL (Felder, Lowe, Barnett, Agrimonti, Ding)

PUBLIC PARTICIPATION USING ZOOM
Public Comment Process for ZOOM Attendance at Meetings

REPORT ON CLOSED SESSION

APPROVAL OF AGENDA

1. COMMENTS FROM THE PUBLIC
At this time, members of the public may comment on any item not appearing on the agenda. It is recommended that you keep your comments to three minutes or less. Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Upon being acknowledged by the Mayor, please step to the podium and speak into the microphone. Begin by stating and spelling your name.

2. MEETING DEDICATIONS

3. PRESENTATIONS

3.1: Introduction of Interim Planning Director Laura Simpson (Interim City Manager)

3.2: Presentation on the Food Scrap-Kitchen Pail Giveaway by Travis Wagner, Sustainability Coordinator
PPT Food Scrap Presentation
5 - 18

3.3: Presentation from City of Sonoma Code Enforcement Department PPT Code Enforcement Presentation Given at Meeting
19 - 33

4. CONSENT CALENDAR – CITY COUNCIL

All items listed on the Consent Calendar are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council or staff request specific items to be removed for separate action.

4.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)

4.2: Adopt an Ordinance Amending the Sonoma Municipal Code Title 19 to amend Section 19.10 (Zones and Allowable Uses); Section 19.52.030 (Concurrent Permit Processing); and Chapter 19.92 (Definitions) and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment. (Planning & Community Services Director)
RECOMMENDATION: Adopt the Ordinance.

Agenda Report - Ordinance Adoption - Zones and Allowable Uses - Pdf 34 - 57

4.3: Adopt an Ordinance Amending Sections 2.44.010, 2.48.020, 2.50.020,

2.56.020, 2.60.020, and 10.12.080 of the Sonoma Municipal Code Pertaining to the Composition of and Eligibility Requirements for the City's Commissions and Committees (CityClerk and Assistant City Attorney)
RECOMMENDATION: Adopt the Ordinance.

Agenda Report - Commission/Committee Municipal Code - Pdf 58 - 62

4.4: Adopt an Ordinance Repealing Chapter 14.25 (Flood Damage Prevention Regulations) and Adopt a New Chapter 14.25 (Floodplain Management Regulations) of the Sonoma Municipal Code to meet the requirements of the National Flood Insurance Program and the California Building Standards Code. (Development Services Director/Building Official)
RECOMMENDATION: Adopt the Ordinance.

Agenda Report - Ordinance Adoption - Flood Hazard Ordinance - Pdf 63 - 88

4.5: Adopt a Resolution Setting the Date and Time for Regular Council Meetings to Allow for Early Consideration of Closed Session Items (City Clerk) RECOMMENDATION: Adopt the Resolution.

Agenda Report - Establishing Meeting Times - Pdf
Correct Resolution - To Replace One Included in Packet
89 - 92

4.6: Introduce an Ordinance Amending Sections 2.48.020 and 2.50.020 of the Sonoma Municipal Code Pertaining to the Composition of and Eligibility Requirements for the City's Commissions (City Clerk)
RECOMMENDATION: Introduce the Ordinance.

Agenda Report - Commission/Committee Ordinance - PROS/CAC - Pdf 93 - 95

4.7: Adopt a Resolution Approving the Parcel Map No. 160 for the 2-Lot Residential Development known as Bevan Minor Subdivision located at 369 West Napa St, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement (Public Works Administrative & Project Manager) RECOMMENDATION: Adopt the Resolution.

Agenda Report - Bevan Minor Subdivision - Pdf
96 - 146

5. PUBLIC HEARING

5.1: Conduct a Public Hearing to Adopt an Ordinance Repealing Chapter 14.10 of the Sonoma Municipal Code and Reenacting a New Chapter 14.10 Adopting New Administrative Provisions and Adopting by Reference Parts 2, 2.5, 3, 4, 5, 147 - 258

6, 8, 9, 10, 11 and 12 of the 2022 California Building Standards Code and Amendments thereto and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment. (Development Services Director/Building Official) RECOMMENDATION: Adopt the Ordinance.

Agenda Report - Ordinance Adoption - Adoption of Codes - Pdf

6. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)

6.1: Consideration, Discussion, and Possible Action to a Resolution Denying an Appeal by Heather Martindale of the Planning Commission’s Action to Approve Resolution No. 12 - 2022, on February 10, 2022, Relating to the Legal Nonconforming Status of a Pergola/Trellis/Arbor Located at 121 France Street (on the South Side of France Street Between Austin Avenue and Broadway) on Property Owned by Beth Harper in the Low Density Residential (LDR) Zoning District (APN: 018-352-049) (Planning & Community Services Director) RECOMMENDATION: Adopt the Resolution.

Agenda Report - Martindale Appeal of Planning Commission Action - Pdf Corrected Resolution - To Replace the One Included in Packet 259 - 286

6.2: Consideration, Discussion, and Possible Action to Adopt a Resolution Accepting the Resignation of Jeffrey Walter as City Attorney and appointing David Ruderman as City Attorney, and Amending Colantuono, Highsmith & Whatley’s Retainer Agreement with the City Accordingly (Interim City Manager) RECOMMENDATION: Adopt the Resolution.

Agenda Report - City Attorney - Pdf
287 - 290

6.3: Consideration, Discussion, and Possible Action Regarding a City Historian Appointment Policy (Interim City Manager and City Clerk) RECOMMENDATION: Discussion and Direction.

Agenda Report - City Historian Appointment Policy - Pdf City Historian Handout Provided by Council Member Agrimonti at Meeting 291 - 296

6.4: Consideration, Discussion and Possible Action to Establish a Position of Protocol Chief for the City of Sonoma (Interim City Manager) RECOMMENDATION: Discussion and Direction.

Agenda Report - Office of Protocol - Pdf
297 - 300

7. COUNCILMEMBERS’ REPORTS AND COMMENTS

7.1: Committee Reports - Council Members are appointed to various boards and committees - local, county-wide and regional. Any updates from a council member will shared at this time. A list of all appointments is available on our City Website for easy reference.

8. CITY MANAGER COMMENTS AND ANNOUNCEMENTS

9. CITY ATTORNEY COMMENTS

10. COMMISSION AND COMMITTEE ROSTER
(This is to provide information only - no action will be taken)

10.1: Commission Committees Roster 09.30.22 301

11. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted as legally required. Rebekah Barr, MMC, City Clerk/Executive Assistant.
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are normally available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours.

If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda, or in written correspondence delivered to the City Clerk, at or prior to the public hearing.

The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.

APPOINTMENTS TO COMMITTEES: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.

CLOSED SESSION: If action is taken during a Closed Session meeting which is required to be reported out at this meeting, the Council will return to Open Session and report out immediately. However, if the Council is unable to do so due to time constraints, it will report out at the immediately following Regular Council Meeting under "REPORT ON CLOSED SESSION".

MOTION FOR RECONSIDERATION: A Council Member voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions.

In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48-hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Presented by Travis Wagner
Sustainability Coordinator
City of Sonoma
Agenda Item #3.2:

• SB 1383: all sectors required to
segregate & place organics in the
green organics cart
2 Agenda Item #3.2:

• Landfilled organics = methane/GHG
−3rd largest source of methane in CA
• Food scraps = 18% of all landfilled
waste (300 lbs pp/py)
3 Agenda Item #3.2:

• Organics includes food scraps:
−Meat & fish parts
−Dairy, egg shells
−Coffee grounds & filters
−Food contaminated packaging
−*Paper towels, napkins, tissue
4 Agenda Item #3.2:

• Segregated organics & food scraps are
composted & returned to soil
−Compost sequesters carbon
• Diverted organics extends landfill life
5 Agenda Item #3.2:

• To encourage proper segregation &
placement…
• City giving away kitchen “pails” to collect
& transfer food scraps
6 Agenda Item #3.2:

• Staff obtained $16,975 grant to
support organics segregation &
collection
• Cooperative purchase, City obtained
2,770 pails ($13,646)
7 $4.92 each
Agenda Item #3.2:

City has $2,800 for
education & outreach
to support giveaway
8 Agenda Item #3.2:

• Ad campaign started:
−Sonoma Valley Sun print and web ads &
editorial
−KSVY radio PSA
−Facebook ads
−SGC mailing insert
9 Agenda Item #3.2:

• Sonoma Garbage
Collectors:
− [email protected]
• Sonoma Garden
Park: (Fri & Sats only)
10 Agenda Item #3.2:

• Refill Madness:
500 W. Napa St, #540
• City Hall
11 Agenda Item #3.2:

• Staff discussing with large local
retailer about upcoming distribution
event
−Will use remaining funds for more ads
−Larger grant likely forthcoming in 2023
12 Agenda Item #3.2:

−Refill Madness
−Sonoma Ecology Center
−City Hall Staff
−Sonoma Garbage Collectors
−Zero Waste Sonoma
−KSVY
−Sarah Tracy
13 Agenda Item #3.2:

Thank You
Any Questions?
14 Agenda Item #3.2:

City has provide several pathways
Type in “Code
Enforcement”
Agenda Item #3.3:

The following menu will appear
Click here
Agenda Item #3.3:

Click here
Agenda Item #3.3:

Fillable form pops up
Agenda Item #3.3:

Agenda Item #3.3:

Agenda Item #3.3:

• The Code Enforcement Process:

1. A Code Enforcement Investigation Form may be submitted via the City’s website, email, mail, or hand delivered to Sonoma City Hall.

2. Upon receipt of a Code Enforcement Investigation Form, staff reviews the information and may visit the subject property to assess the existing conditions, depending on the nature and details of the alleged violation.

3. If a code violation is confirmed, staff will notify the responsible person (e.g., owner and/or tenant of the subject property) by mail of the violation. The notification may be an optional Courtesy Notice or a mandatory Compliance Order, depending on the nature of the violation. Compliance with the applicable regulations, rather than assessing penalties, is always the highest priority. Whether a Courtesy Notice or formal Compliance Order is sent, the responsible person will be provided with a specific amount of time to contact the code enforcement staff and abate the violation.

4. If the violation is unresolved within the specified time allowed by the Courtesy Notice, a Compliance Order will be sent to the responsible person providing a a reasonable time depending on the circumstances to abate the violation. If the violation can be resolved through the issuance of a land use permit and/or building permit, the responsible party may be given the option to apply for a retroactive permit, with all applicable penalties being assessed.

5. If the period lapses without the violation being resolved an Administrative Citation may be issued with the associated fine, or an Administrative Hearing may be scheduled to present the facts of the violation before a third-party Administrative Hearing Officer. This process typically results in significant costs to a confirmed violator of the City’s municipal codes.

6. In some cases the City may impose permit holds, fines or penalties or any other actions necessary to achieve compliance with the applicable code regulations, as determined by the City Prosecuter and/or City Attorney.

Agenda Item #3.3:

Other methods
• Code Enforcement has a separate cell number fo telephone contacts that is checked frequently during the week, however, we will not take complaints over the phone unless it is a matter of immediate public safety.
• Normal email ([email protected]) – usually insufficient information to consider opening a case.

Agenda Item #3.3:

Guidelines for Code Enforcement actions

1. Non-complaint based:
a.Immediate threat to public health or safety
b.Unpermitted construction
c.Referral for enforcement by City staff
• Code Enforcement will not open a file nor take any action that is not responsive to a complain with the exception of item #1 above.

Agenda Item #3.3:

Guidelines for Code Enforcement actions
Complaint based only
a. Non-anonymous, formal complaint, completed through City process b. Complaint source a directly affected party
c. Seriousness of the violation and/or its impact on the complainant d. Seriousness of the violation on the community and/or the degree of culpability of the responsible party;
e. Consequences of inaction
f. Frequency, re-occurrence, or number of violations by the same person; g. Justification, if any, for the existence, or continuance, of the violation; h. Good faith efforts to mitigate the violation or to come into compliance, • The list of factors is not exhaustive nor are they strict guidelines but rather elements of consideration to be factored into the decision to initiate any compliance action.

Agenda Item #3.3:

Current case load- Investigating
5th & Lasuen 9/19/2022
Unpermitted
dumpster
60 - 2nd St East 6/30/2022 GPLB
216-254 1st E 9/21/2022 Water waste
230- 1st Street East 6/16/2022 Water leak
247 - 4th St E 8/31/2022 GPLB
263 Newcombe Street 10/18/2022
Operating business
in residential area.
300 Blk Chase St 8/5/2022 GPLB
348 Napa Road 10/31/2022 GPLB
433 Patten Street 10/17/2022 Noise Complaint
590 Fano Lane 10/31/2022
Construction after
hours
690 - 4th St East 4/25/2021 GPLB
808 - 1st West 7/21/2022
Setback violations,
trash
Agenda Item #3.3:

• Next step
Scheduled for hearing 254 Fine Avenue 6/30/2022 Unpermitted structure/noncompliant 264 Pina Avenue 6/30/2022 Unpermitted structure/noncompliant 317 - 1st St West 12/23/2021 Unpermitted structure/noncompliant 327 - 1st St West 12/23/2021 Unpermitted fence/noncompliant 414 - 1st St East 5/23/2022 Encroachment violations
Working with Town 200 W. Napa Road 3/10/2022 No permits; Setback violations 410 Plum Tree Court 12/23/2021 Unpermitted fence
750 - 5th St East 8/17/2022 Setback violations
Preliminary Notice 48 Aureo Court 9/21/2022 Construction Permits; Setback violations
Agenda Item #3.3:

Closed
Whole Foods and Panda Express 8/31/2022 Compliance
224 Clay St 8/25/2022 Compliance
450 E. MacArthur Street 8/2/2022 Compliance
570 - 7th St West 8/25/2022 Compliance
743 - 3rd St East 7/26/2022 Compliance
827 - 4th Street East 8/12/2022 Compliance
863 Hayes Street 5/10/2022 Compliance
Agenda Item #3.3:

Agenda Item #3.3:

Agenda Item #3.3:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 02 Nov 2022
Department
Planning
Staff Contact
Kristina Tierney, Associate Planner
David A. Storer, AICP, Director
Agenda Item Title
Discussion, Consideration, and Possible Action to Adopt an Ordinance Amending the Sonoma Municipal Code Title 19 to amend Section 19.10 (Zones and Allowable Uses); Section 19.52.030 (Concurrent Permit Processing); and Chapter 19.92 (Definitions) and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment.

Summary
The proposed ordinance was introduced to the City Council on October 19, 2022, and facilitates the permitting of duplexes in the Low Density Residential (RL) zoning district and multifamily housing in the Medium Density Residential (RM) and High Density Residential (RH) zoning districts. Amendments to Section 19.52.030 (Concurrent Review) clarify the review process for concurrent applications to streamline permit processing, and amendments to Chapter 19.92 (Definitions) clarify applicable development standards for residential development projects. At the meeting, the City Council directed staff to amend the proposed language regarding the status of existing single-family residences in the Medium Density Residential (RM), R-H (Residential – High Density), and Mixed Use (MX) zoning districts to allow existing residences in existence prior to July 1, 2023 to continue as a legal, conforming use. The proposed ordinance reflects this direction. The City Council is being asked to “adopt” the ordinance at this time. Upon adoption, the ordinance will go into effect 30 days later, on December 2, 2022.

Recommended Council Action
Adopt an Ordinance Amending the Sonoma Municipal Code Title 19 to amend Section 19.10 (Zones and Allowable Uses); Section 19.52.030 (Concurrent Permit Processing); and Chapter

19.92 (Definitions) and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment.

Alternative Actions
Council Discretion
Financial Impact
None
Environmental Review Status
Agenda Item #4.2:

Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Proposed Ordinance to Amend 19.10 Zones and Allowable Uses City Council Adoption 10 25 22 Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

NA
CC:
n/a
Agenda Item #4.2:

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA

AMENDING THE CITY OF SONOMA MUNICIPAL CODE INCLUDING CHAPTER

19.10 (ZONES AND ALLOWABLE USES); SECTION 19.52.030 (CONCURRENT PERMIT PROCESSING); AND CHAPTER 19.92 (DEFINITIONS) TO FACILITATE PERMITTING OF DUPLEXES AND MULTIFAMILY RESIDENTIAL DWELLINGS; STREAMLINE PERMIT PROCESSING FOR CONCURRENT APPLICATIONS;

CLARIFY DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT PROJECTS; AND FIND SUCH AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL ACT (CEQA) PURSUANT TO SECTION 15061(B)(3) - GENERAL RULE - OF THE CEQA GUIDELINES.

WHEREAS, the California Legislature has declared that there is a severe shortage of affordable housing and has changed laws to expedite the local residential development process; and WHEREAS, California Governor Gavin Newsom signed several housing bills into law (SB 9, SB 13, SB 330, AB 68, AB 881, AB 587 and AB 670) in fall of 2019 that amend California Government Code requiring the City to modify local regulations to further facilitate development of housing; and WHEREAS, the City desires to amend its local regulatory scheme to facilitate the construction of housing to comply with State law; and
WHEREAS, the Sonoma City Council and Planning Commission have independently discussed the need for updates to the Development Code (also known as the “Zoning Code”) for greater clarity, consistency and ease of use and understanding; and
WHEREAS, on August 18, 2022, the Planning Commission discussed amendments including amendments to Chapter 19.10 (Zones and Allowable Uses), Section 19.52.030 (Concurrent Permit Processing), and Chapter 19.92 (Definitions), and unanimously recommended that the City Council introduce an ordinance; and
WHEREAS, the City Council found this ordinance to be exempt from the California Environmental Act (CEQA) pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines prior to taking action; and
WHEREAS, on October 19, 2022, the City Council held a public hearing and considered amendments to the Sonoma Municipal Code, consistent with the applicable policies of the Sonoma General Plan; and
WHEREAS, the proposed amendments to the Sonoma Municipal Code are consistent with State Law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendments to the Sonoma Municipal Code
Agenda Item #4.2:

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A. Section 19.10.020 of the Sonoma Municipal Code (Zoning districts established) is amended as follows:

19.10.020 Zoning districts established.

The city of Sonoma shall be divided into the zoning districts described in this section, to implement the City of Sonoma General Plan land use designations. The following zoning districts are hereby established, and are shown on the official zoning map (see SMC 19.10.040). The uses of land allowed within each zoning district and the planning permit requirements applicable to the allowable uses are determined by SMC 19.10.050, Allowable land uses and permit requirements.

Table 2-0 Zoning Districts Established
Zoning District Allowable Density
Residential
Districts
RHSResidential – Hillside 1DU/10 acres maximum
R-R Residential – Rural 2 DU/acre maximum
R-L Residential – Low Density 2 DU/acre minimum - 5
DU/acre maximum
R-S Residential – Sonoma 3 DU/acre minimum - 8
DU/acre maximum
R-M Residential – Medium Density 7 DU/acre minimum - 11 DU/acre maximum
R-H Residential – High Density 11 DU/acre minimum -15
DU/acre maximum
R-O Residential – Housing Opportunity 15 DU/acre minimum - 25 DU/acre maximum
R-P Residential – Mobile Home Park 7 DU/acre maximum
Mixed Use MX Mixed Use 20 DU/acre maximum
Commercial
Districts
C Commercial 20 DU/acre maximum
C-G Commercial-Gateway 20 DU/acre maximum
Special Purpose
A Agriculture 1DU/10 acres maximum
Pk Park NA
P Public Facilities NA
W Wine Production NA
Agenda Item #4.2:

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Overlay
/C Creek NA
/H Historic NA
/O Open Space NA
/P Plaza Retail NA
A. Residential Zoning Districts.

1. R-HS (Residential – Hillside) District. The R-HS zoning district is applied to hillside areas of the city that are suitable for very-low density single-family residential and agricultural land uses. The maximum allowable density is one dwelling unit per 10 acres. The R-HS zoning district is consistent with the Hillside land use designation of the General Plan.

2. R-R (Residential – Rural) District. The R-R zoning district is applied to areas where the city intends to preserve low density, single-family neighborhoods with rural character. The maximum allowable density is two dwelling units per acre. The R-R zoning district is consistent with the Rural
Residential land use designation of the General Plan.

3. R-L (Residential – Low Density) District. The R-L zoning district is applied to areas primarily suitable for detached single-family dwellings and duplexes. Clustered housing and other types of residential development may be allowed with a planned development permit (SMC 19.54.070). The minimum density for new residential construction is two dwelling units per acre and the maximum density is five dwelling units per acre. The R-L zoning district is consistent with the Low Density Residential land use designation of the General Plan.

4. R-S (Residential – Sonoma) District. The R-S zoning district is typically applied to parcels of three acres or more in size, and is intended to provide areas suitable for a broad range of housing types, including housing affordable to low and moderate income households. The R-S zoning district is intended to promote creativity in project design, variety in lot sizes and unit types, and development that will fit in with surrounding neighborhoods. The minimum density for new residential construction is three dwelling units per acre and the maximum density is eight dwelling units per acre. Subject to use permit review, limited neighborhood-serving commercial uses may be allowed, in accordance with SMC 19.14.030, Neighborhood commercial Agenda Item #4.2:

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development. The R-S zoning district is consistent with the Sonoma Residential land use designation of the General Plan.

5. R-M (Residential – Medium Density) District. The R-M zoning district is applied to areas appropriate for medium density, multifamily residential development. New single-family dwellings are prohibited as of July 1, 2023, but units in existence prior to that date can continue as a legal conforming use. New accessory dwelling units and junior accessory dwelling units are allowed. The minimum density for new residential construction is seven dwelling units per acre and the maximum density is 11 dwelling units per acre. The R-M zoning district is consistent with the Medium Density Residential land use designation of the General Plan.

6. R-H (Residential – High Density) District. The R-H zoning district is applied to areas suitable for high density residential development, particularly in areas of transition between commercial or mixed use zoning districts. New single-family dwellings and duplexes are prohibited as of July 1, 2023, but units in existence prior to that date can continue as a legal conforming use. The minimum density for new residential construction is 11 dwelling units per acre and the maximum density is 15 dwelling units per acre. The R-H zoning district is consistent with the High Density Residential land use designation of the General Plan.

7. R-O (Residential – Housing Opportunity) District. The R-O zoning district is applied to areas appropriate for very high density residential development. The intent of this zoning district is to provide areas suitable for low and very low income households and for high density attached housing types. Single-family dwellings and duplexes are prohibited. The minimum density for new residential construction is 15 dwelling units per acre and the maximum density is 25 dwelling units per acre. The R-O zoning district implements the Housing Opportunity Site land use designation of the General Plan.

8. R-P (Residential – Mobile Home Park) District. The R-P zoning district is applied to the city’s three mobile home parks. Only uses consistent with the continued operation of these sites as mobile home parks are allowed. The maximum residential density is seven dwelling units per acre. The R-P zoning district is consistent with the Mobile Home Park land use designation of the General Plan.

Agenda Item #4.2:

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B. Commercial Zoning Districts.

1. C (Commercial) District. The C zoning district is applied to areas appropriate for a range of commercial land uses including retail, tourist, office, and mixed uses. The C zoning district may accommodate multifamily dwellings but single-family dwellings and duplexes are prohibited. The maximum residential density is 20 dwelling units per acre. The C zoning district is consistent with the Commercial land use designation of the General Plan.

2. C-G (Commercial-Gateway) District. The C-G zoning district is applied to the Four Corners and Verano Triangle areas, prominent commercial entrances into the city that require sensitive site design. The maximum residential density is 20 dwelling units per acre. The C-G zoning district is consistent with the Gateway Commercial land use designation of the General Plan.

3. Residential Component. In applications for new development on properties of onehalf acre in size or larger for which a discretionary permit is required, a residential component is required, unless waived by the planning commission. A residential component should normally comprise at least 50 percent of the total proposed building area. Circumstances in which the residential component may be reduced or waived include, but are not limited to, the following:
a. The replacement of a commercial use within an existing tenant space with another commercial use.
b. The presence of uses or conditions incompatible with residential development on or adjacent to the property for which a new development is proposed. c. Property characteristics, including size limitations and environmental characteristics, that constrain opportunities for residential development or make it infeasible.
d. Limitations imposed by other regulatory requirements, such as the Growth Management Ordinance.

C. Mixed Use Zoning District.

1. MX (Mixed Use) District. The MX zoning district is intended to allow for multifamily dwellings housing types, such as apartments and condominiums, both Agenda Item #4.2:

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separately and in conjunction with commercial and office development, in order to increase housing opportunities, reduce dependence on the automobile, and provide a pedestrian presence in commercial areas. Under this designation, longstanding commercial and industrial uses in otherwise residential areas may be preserved and, subject to use permit review, modified or intensified. New single-family dwellings and duplexes are prohibited as of July 1, 2023, but units in existence prior to that date can continue as a legal conforming use. The maximum residential density is 20 dwelling units per acre. The MX zoning district is consistent with the Mixed Use land use designation of the General Plan.

2. Residential Component. In applications for new development for which a discretionary permit is required, a residential component is required, unless waived by the planning commission. A residential component should normally comprise at least 50 percent of the total proposed building area. Circumstances in which the residential component may be reduced or waived include, but are not limited to, the following:
a. The replacement of a commercial use within an existing tenant space with another commercial use.
b. The presence of uses or conditions incompatible with residential development on or adjacent to the property for which a new development is proposed. c. Property characteristics, including size limitations and environmental characteristics, that constrain opportunities for residential development or make it infeasible.
d. Limitations imposed by other regulatory requirements, such as the Growth Management Ordinance.

3. Commercial Component. In applications for new development for which a discretionary permit is required, a commercial component may be required, unless waived by the planning commission. Circumstances in which a commercial component may be waived include, but are not limited to, the following:
a. The replacement, expansion, or alteration of a residential use within an existing residential or mixed use development.

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b. The presence of uses or conditions incompatible with commercial development on or adjacent to the property for which a new development is proposed. c. Property characteristics, including size limitations and environmental characteristics, that constrain opportunities for commercial development or make it infeasible.
d. Interference with the objective of maximizing housing opportunities, especially affordable housing and other housing types that meet community needs as identified in the Housing Element.
e. Limitations imposed by other development regulations, including applicable requirements and guidelines of the development code.

D. Special Purpose Zoning Districts.

1. A (Agriculture) District. The A zoning district is applied to existing agricultural areas within the city. The intent of the zoning district is to protect these parcels for productive agricultural uses. The maximum residential density is one dwelling unit per 10 acres. The A zoning district is consistent with the Agricultural land use designation of the General Plan.

2. Pk (Park) District. The Pk zoning district is applied to parkland of a variety of types, from intensively developed playing fields and recreational facilities (including museums and recreation centers), to natural open spaces where development is limited to trails.

The Pk zoning district is consistent with the Park land use designations of the General Plan.

3. P (Public Facilities) District. The P zoning district applies to areas appropriate for a variety of public and quasi-public land uses. The P zoning district is consistent with the Public land use designations of the General Plan.

4. W (Wine Production) District. The W zoning district is applied to winery facilities.

Only winery-related land uses are suitable for this designation. The W zoning district is consistent with the Wine Production land use designation of the General Plan.

B. Tables 2-1, 2-2 and 2-3 set forth in Sonoma Municipal Code section 19.10.050 are amended to read as set forth in Exhibit “A”.

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C. Section 19.52.030 (Concurrent Permit Processing) of the Sonoma Municipal Code is amended as follows:

19.52.030 Concurrent permit processing.

When a single project incorporates different land uses or features so that this development code requires multiple planning permit applications, all the applications shall be reviewed concurrently, to the extent feasible, with the review being the responsibility of the higher decision-making body. For purposes of this section, Planning Commission is higher than Design Review and Historic Preservation Commission. For example, an application for a Use Permit and Design Review would be decided by the Planning Commission with any appeal to the City Council.

D. Section 19.92.020 (Definitions of specialized terms and phrases) of the Sonoma Municipal Code is amended as follows:
“Duplex” means a residential structure under single ownership containing two dwellings. …
“Multifamily dwelling” means a structure containing more than two dwelling units. a building or a portion of a building used and/or designed as residences for three or more families living independently of each other. Includes: triplexes, fourplexes (buildings under one ownership with three or four dwelling units, respectively, in the same structure) and apartments (five or more units under one ownership in a single building); townhouse development (three or more attached single-family dwellings where no unit is located over another unit); and senior citizen multifamily housing; see also “Common interest development.” SECTION 2. Findings for Development Code Amendments.

Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the proposed amendments of the development code under this ordinance:

A. Are consistent with the goals, policies, and actions of the General Plan because the amendments the amendments promote and preserve the use of property for housing; B. Would not be detrimental to the public interest, health, safety, convenience, or welfare of the city for the reasons described in the recitals above; C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 3 below; and
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D. Are internally consistent with other applicable provisions of this development code because the amendments facilitate permitting of duplexes in the low density residential zoning district and multifamily residential dwellings in the medium density and high density residential zoning districts, clarify the review process for concurrent applications to streamline permit processing, and clarify development standards for residential development projects.

SECTION 3. CEQA
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The proposed ordinance amendments are therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

SECTION 4. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Effective Date.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 6. Publication.

This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).

SECTION 7. This Ordinance Prevails Where There is Conflict.

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To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.

APPROVED:
__________________________
Jack Ding, Mayor
ATTEST: _________________________
Rebekah Barr, City Clerk
* * * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the November 2, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Approved as to form:
________________________
Jeffrey A. Walter, City Attorney
Agenda Item #4.2:

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EXHIBIT A
Amendments to “Zones and Allowable Uses” (Title 19, Section 19.10.050) of the Sonoma Municipal Code.

A. Table 2-1 (Residential Uses and Permit Requirements) is hereby amended as follows:

Allowed Uses and Permit
Requirements for Residential
Districts (1)
Permit Required by District (2) P Use permitted
UP Use Permit required
L License required
— Use not allowed
Land Use (1) R-HS R-R R-L R-S R-M R-H R-O R-P Specific Use Regulations

AGRICULTURE, RESOURCE AND OPEN SPACE USES
Animal Keeping P P UP — — — — — Chapter 8.08
SMC
Crop Production and
Horticulture
P P UP — — — — —
Produce Stands for
On-Site Production
P P UP — — — — — SMC

19.50.070

MANUFACTURING AND PROCESSING USES
Existing Uses — — — — — — — — SMC

19.82.020

RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Equestrian Facilities UP UP — — — — — —
Parks and
Playgrounds
P P P P P P P —
Religious Facilities — — UP UP UP UP — —
Schools – Public
and Private
— — UP UP UP UP — —
RESIDENTIAL USES (2)
Accessory Dwelling
Units

P P P P P P P P SMC

19.50.090
Accessory Dwelling
Units, Junior

P P P P P P P P SMC

19.50.090
Duplex — — P UP P P — UP — UP —
Emergency Shelters — — — — UP UP UP — SMC

19.50.033
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Home Occupation P P P P P P P P SMC

19.50.035
Live/Work Facilities — — — — UP — — —
Mobile Home Park — — — — — — — UP SMC

19.50.035
Multi-family Dwelling
(Four or fewer units)
— — — UP P P P —
Multi-family Dwelling
(Five or more units)
— — — UP UP UP P —
Personal Indoor
Cannabis Cultivation
(4)

P P P P P P P P SMC

19.50.032.A
Personal Outdoor
Cannabis Cultivation
(4)

P P P P P P P P SMC

19.50.032.B
(Prohibited if
multifamily
dwelling or
mobile
home)
Residential
Accessory
Structures

P P P P P P P P
Residential Care
Homes, Six or fewer
clients
— — P P P — — —
Residential Care
Homes, Seven or
more clients
— — — — UP — — —
Single-Family
Dwellings
P P P P — P —UP — — SMC

19.50.035
Supportive Housing
(3)
P P P/UP P/UP P/UP P/UP — —
Transitional Housing
(3)
P P P/UP P/UP P/UP P/UP — —

RETAIL TRADE AND SERVICES
Art, Antique,
Collectible and Gift
Sales
— — — UP — — — —
Artisan Shops — — — UP — — — —
Bed and Breakfast
Inns (B&Bs)
UP UP UP — — — — — SMC

19.50.030
Child Day Care
Center
— UP UP UP UP UP UP —
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13 Ord. Title 19 SMC 2022

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Child Day Care:

Small Family Day
Care Home
— UP UP UP UP UP — —
Child Day Care:

Large Family Day
Care Home
— — UP UP UP UP UP —
General Retail — — — UP — — — —
Governmental and
Public Facilities
— UP UP UP UP UP UP —
Libraries and
Museums
— — — UP — — — —
Medical Services –
Extended Care
— — — UP UP — — —
Offices, Professional
and Administrative
— — — UP — — — —
Personal Services — — — UP — — — —
Restaurant — — — UP — — — —
Senior Residential
Care Facilities
— — — — UP — — —
Telecommunications
Facilities,
Commercial
See Chapter 5.32 SMC, Telecommunications Facility and Antenna Criteria Time-shares
– – – – – – – –
SMC

19.50.140

SPECIAL PURPOSE USES
Public Utility
Facilities
— — — — — — — —
Public Utility
Equipment

P P P P P P P P
Notes:

1. See SMC 19.10.050(C) regarding uses not listed. See Division VIII for definitions of the listed land uses.

2. New residential developments subject to the City’s Growth Management Ordinance (SMC 19.94).

3. Supportive and Transitional Housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone. For example, such housing structured as single-family is permitted in the R-HS, R-R, RL and RS residential zones, whereas Supportive and Transitional housing structured as multi-family is limited to the RM and RH residential zones and the Mixed-Use Zone.

4. Personal cultivation of cannabis (Indoor and Outdoor) only allowable in conjunction with residential use subject to SMC 19.50.032.

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B. Table 2-2 (Commercial Uses and Permit Requirements) is amended as follows:

Allowed Uses and Permit
Requirements for
Commercial Zoning
Districts (1)
Permit Required by
District (2)
P Use permitted
UP Use Permit required
L License required
— Use not allowed
Land Use C CG Specific Use Regulations

MANUFACTURING AND PROCESSING USES
Artisans/Craft Product
Manufacturing
UP UP
Food and Beverage
Manufacturing
UP UP
Furniture/Fixtures
Manufacturing, Cabinet
Shops
UP UP
Recycling Facilities – Reverse
Vending Machines
UP P
Recycling Facilities – Small
Collection Facilities
UP UP
Research and Development
(R&D)
UP —
Warehousing, Wholesaling
and Distribution
UP —
RECREATION, EDUCATION, and PUBLIC ASSEMBLY USES
Clubs, Lodges and Private
Meeting Halls
— UP
Community Centers UP UP
Health/Fitness Facilities P UP
Indoor
Amusement/Entertainment
Facilities
UP UP
Libraries and Museums P P
Nightclubs and Bars UP UP
Outdoor Commercial
Recreation
UP UP
Religious Facilities P —
Schools – Specialized
Education and Training
UP UP
Studios for Art, Dance, Music,
Photography, Etc.

P UP
Theaters and Auditoriums UP UP
RESIDENTIAL USES (4)
Accessory Dwelling Units P P SMC 19.50.090
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Duplex — —
Emergency Shelters UP UP SMC 19.50.033
Live/Work Facilities UP UP SMC 19.50.050
Multi-family Dwelling (Four or
fewer units)
UP UP
Multi-family Dwelling (Five or
more units)
UP UP
Personal Indoor Cannabis
Cultivation (7)
P P SMC 19.50.032.A
Personal Outdoor Cannabis
Cultivation (7)
P P SMC 19.50.032.B
(Prohibited if multifamily
dwelling or mobile home)
Single Room Occupancy
Housing
UP —
Supportive Housing UP UP
Transitional Housing UP UP
RETAIL TRADE (3)
Accessory Retail Uses P P
Adult Business UP —
Art, Antique, Collectible and
Gift Sales
P P
Artisan Shops P UP
Auto and Vehicle
Sales/Rental
UP —
Building Material Stores UP UP
Commercial Cannabis Activities (8): SMC Chapter 5.36
Manufacturing UP —
Non-store front retail UP —
Store-front retail UP —
Testing laboratory UP —
Drive-In and Drive Through
Sales
UP —
Furniture, Furnishings and
Equipment Stores
P P
General Retail P P
Grocery Store P P
Music Venue L L SMC Chapter 5.34
Outdoor Retail Sales and
Activities
UP UP
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Plant Nurseries and Garden
Supply Stores
P P
Restaurant UP UP
Second Hand Stores P P
Shopping Center UP UP
Single-Family Dwellings — —
Special Event Venue (6) UP UP
Wine Tasting Facilities/Wine
Bars
WTUP WTUP SMC 19.50.120
Tap Rooms UP UP SMC 19.50.130

SERVICES
Banks and Financial Services P P
Bed and Breakfast Inns
(B&Bs)
UP UP SMC 19.50.030
Business Support Services P UP
Child Day Care Facilities P P
Drive-In and Drive-Through
Services
UP —
Equipment Rental UP —
Governmental and Public
Facilities
P P
Hotel or Motel UP UP
Medical Services – Clinics,
Offices, Laboratories
UP UP
Medical Services – Hospitals UP UP
Mortuaries and Funeral
Homes
UP —
Offices, Professional and
Administrative
P UP
Personal Services P P
Storage – Outdoor UP —
Storage – Personal Storage
Facility (Mini-Storage)
UP —
Telecommunications
Facilities, Commercial
See Chapter 5.32 SMC, Telecommunications Facility and
Antenna Criteria
Time-shares — — SMC

19.50.140
Auto Parts Sales P —
Vacation Rental — — SMC 19.50.110
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17 Ord. Title 19 SMC 2022

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Vehicle Services, Car
Washes
UP —
Vehicle Services, Repair and
Maintenance
UP —
Vehicle Services, Service
Station
UP — SMC 19.50.100
Repair Services, for
Consumer Products
P UP

SPECIAL CIRCUMSTANCES COMMERCIAL DEVELOPMENT
Commercial Development,
Large
UP UP Chapter 5.34 SMC
Development Adjacent to a
Residential Zone (4)
UP UP
Formula Business, Small P/UP (5) P SMC 19.50.035
Formula Business, Large UP UP SMC 19.50.035
Formula Restaurant, Large UP/– (6) UP SMC 19.50.035
Shopping Center,
Reconfiguration
UP UP

SPECIAL PURPOSE USES
Public Utility Facilities — —
Public Utility Equipment P P
Notes:

1. See SMC 19.10.050(C) regarding uses not listed. See Division VIII for definitions of the listed land uses.

2. New residential developments subject to the City’s Growth Management Ordinance (SMC 19.94).

3. Supportive and Transitional Housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone. For example, such housing structured as single-family is permitted in the R-HS, R-R, RL and RS residential zones, whereas Supportive and Transitional housing structured as multi-family is limited to the RM and RH residential zones and the Mixed-Use Zone.

4. Defined as new commercial construction or an addition to an existing commercial building, having an area of 1,000 square feet or greater.

5. Use Permit required within the historic overlay zone

6. Prohibited in /P Plaza Retail District. See SMC 19.50.035.

7. Personal cultivation of cannabis (indoor and outdoor) only allowable in conjunction with residential use subject to SMC 19.50.032.

8. No commercial cannabis activity may occur in these zoning districts unless and until a commercial cannabis business permit has been issued for that activity under Chapter 5.36.

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C. Table 2-3 (Mixed Uses and Permit Requirements) is amended as follows:

Allowed Uses and Permit
Requirements for Mixed
Use Zoning Districts (1)
Permit Required by
District (2)
P Use permitted
UP Use Permit required
L License required
— Use not allowed
Land Use MX Specific Use Regulations
MANUFACTURING AND PROCESSING USES (3)
Artisans/Craft Product
Manufacturing
UP
Food and Beverage
Manufacturing
UP
Furniture/Fixtures
Manufacturing, Cabinet
Shops
UP
Change in Existing
Nonconforming Uses
UP SMC 19.82.020
Recycling Facilities – Small
Collection Facilities
—
Research and Development
(R&D)
UP
Warehousing, Wholesaling
and Distribution
—
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES (3)
Clubs, Lodges, and Private
Meeting Halls
UP
Community Centers UP
Health/Fitness Facilities UP
Indoor
Amusement/Entertainment
Facilities
UP
Libraries and Museums UP
Outdoor Commercial
Recreation
—
Religious Facilities UP
Schools – Specialized
Education and Training
UP
Studios for Art, Dance, Music,
Photography, Etc.

UP
Theaters and Auditoriums UP
RESIDENTIAL USES (4)
Accessory Dwelling Units P SMC 19.50.090
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Accessory Dwelling Units,
Junior
P SMC 19.50.090
Duplex — —
Emergency Shelters UP SMC 19.50.033
Live/Work Facilities UP SMC 19.50.050
Multi-family Dwelling (Four or
fewer units)
P
Multi-family Dwelling (Five or
more units)
UP
Personal Indoor Cannabis
Cultivation (7)
P SMC 19.50.032.A
Personal Outdoor Cannabis
Cultivation (7)
P SMC 19.50.032.B
(Prohibited if multifamily
dwelling or mobile home)
Residential Care Homes,
Seven or more clients
UP
Single-Family Dwellings — P (5)
Supportive Housing, four or
fewer units
P
Supportive Housing, five or
more units
UP
Transitional Housing, four or
fewer units
P
Transitional Housing, five or
more units
UP
RETAIL TRADE (3)
Accessory Retail Uses UP
Art, Antique, Collectible and
Gift Sales
UP
Artisan Shops UP
Auto and Vehicle
Sales/Rental
—
Building Material Stores —
Commercial Cannabis Activities (8):

Manufacturing UP SMC Chapter 5.36
Non-store front retail UP SMC Chapter 5.36
Testing laboratory UP SMC Chapter 5.36
Drive-In and Drive-Through
Sales
UP
Farmers Market UP
Fueling Station UP
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Furniture, Furnishings and
Equipment Stores
UP
General Retail UP
Grocery Store UP
Music Venue L Chapter 5.34 SMC
Outdoor Retail Sales and
Activities
UP
Plant Nurseries and Garden
Supply Stores
UP
Restaurant UP
Second Hand Stores UP
Shopping Center UP
Single-Family Dwellings — —
Special Event Venue (6) UP
Wine Tasting Facilities/Wine
Bars
WTUP SMC 19.50.120
Tap Rooms UP SMC 19.50.130
SERVICES (3)
Auto Parts Sales UP
Banks and Financial Services UP
Bed and Breakfast Inns
(B&Bs)
UP
Business Support Services UP
Child Day Care Facilities UP
Drive-In and Drive-Through
Facilities
UP
Equipment Rental UP
Governmental and Public
Facilities
UP
Hotel or Motel UP
Medical Services – Clinics,
Offices, Laboratories
UP
Medical Services – Hospitals —
Mortuaries and Funeral
Homes
UP
Offices, Professional and
Administrative
UP
Personal Services UP
Storage – Outdoor — SMC 19.40.100(D)
Storage – Personal Storage
Facility (Mini-Storage)
—
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Telecommunications
Facilities, Commercial
See Chapter 5.32 SMC, Telecommunications Facility and
Antenna Criteria
Time-shares —
SMC

19.50.140
Vacation Rental — SMC 19.50.110
Vehicle Services, Repair and
Maintenance
UP
Vehicle Services, Service
Stations
— SMC 19.50.100
Repair Services for
Consumer Products
UP

SPECIAL CIRCUMSTANCES COMMERCIAL DEVELOPMENT
Formula Business, Small UP SMC 19.50.035
Formula Business, Large UP SMC 19.50.035
Formula Restaurant, Large UP SMC 19.50.035

SPECIAL PURPOSE USES
Public Utility Facilities —
Public Utility Equipment P
Notes:

1. See SMC 19.10.050(C) regarding uses not listed. See Division VIII for definitions of the listed land uses.

2. New development in the Mixed-Use zone shall include a residential component unless waived by the planning commission through use permit review (see SMC 19.10.020(C)).

3. Uses within these categories are allowed only if the planning commission finds that the use will not result in the encroachment of incompatible commercial uses within an established residential area.

4. New residential developments subject to the city’s growth management ordinance.

5. Limited to Single-family dwellings on an existing lot of record that pre-date July 1, 2023 are legal conforming uses.; otherwise, use permit approval is required.

6. On sites of one acre in size or larger.

7. Personal cultivation of cannabis (indoor and outdoor) only allowable in conjunction with residential use subject to SMC 19.50.032.

8. No commercial cannabis activity may occur in these zoning districts unless and until a commercial cannabis business permit has been issued for that activity under Chapter 5.36.

Agenda Item #4.2:

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Agenda Item #4.2:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 02 Nov 2022
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
David J. Ruderman, Assistant City Attorney,
Agenda Item Title
Adopt an Ordinance Amending Sections 2.44.010, 2.48.020, 2.50.020, 2.56.020, 2.60.020, and

10.12.080 of the Sonoma Municipal Code Pertaining to the Composition of and Eligibility Requirements for the City's Commissions and Committees
Summary
This ordinance is being presented for adoption at this time. The introduction took place on October 19, 2022. As noted at the meeting, the City Clerk will introduce an ordinance at this same meeting to amend the sections of the Municipal Code pertaining to the Parks, Recreation, and Open Space Commission and the Climate Action Commission, to make them consistent with the other commissions.

BACKGROUND
On September 21, 2022, the City Council considered amendments to the Commissions and Committee Appointment Policy. Areas of discussion included the requirement that appointees be qualified electors of the city, the length of time applications are kept on file, the addition of youth members on all Group B commissions, and how residency is verified. The Commission Application was also discussed with recommended amendments being directed to staff.

MUNICIPAL CODE CHANGE
For City Council consideration, staff has prepared a draft ordinance to amend the municipal code enacting the following changes:

1. Adding a member to each Group B commission to accommodate the addition of a nonvoting youth member.

2. Changed the requirement that commissioners be a qualified elector of the City to a resident of the City or Sonoma Valley as defined in the Commission and Committee Appointment Policy.

Recommended Council Action
Adopt the ordinance.

Alternative Actions
Council discretion.

Financial Impact
N/A
Agenda Item #4.3:

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Ordinance Amending SMC re Commissions FINAL
Agenda Item #4.3:

City of Sonoma
ORDINANCE # _____-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING SECTIONS 2.44.010, 2.48.020, 2.50.020, 2.56.020, 2.60.020, AND 10.12.080 OF THE

SONOMA MUNICIPAL CODE PERTAINING TO THE COMPOSITION OF AND ELIGIBILITY REQUIREMENTS FOR THE CITY’S COMMISSIONS
The City Council of the City of Sonoma does ordain as follows:

Section 1: Section 2.44.010 of the Sonoma Municipal Code is hereby amended to read as follows:

2.44.010 Composition – Planning Commission.

The planning commission shall consist of seven voting members who at are at least 18 years of age. , six of whom At least six voting members shall be qualified electors residents of the city of Sonoma. The remaining voting member may be a qualified elector in resident of the Sonoma Valley, as defined by the council commission and committee appointment policy. All members shall be appointed and hold office in accordance with the applicable provisions of Chapter 2.40 SMC and rules and procedures established by city council resolution. No person shall be elected, appointed, reelected, or reappointed as chair or vice chair of the planning commission, unless such person is a qualified elector resident of the city. Any person so elected or appointed shall maintain city residence as a qualification for the office, and upon loss of such residence, shall vacate the office.

Section 2: Section 2.48.020 of the Sonoma Municipal Code is amended to read as follows:

2.48.020 Composition – Parks, Recreation, and Open Space Commission.

The parks, recreation, and open space commission shall be governed by Chapter 2.40 SMC and any rules and procedures established by city council resolution. The parks, recreation, and open space commission shall be composed of seven members. Five of the commission members shall be voting members who are at least 18 years of age, with each city council member making one direct appointment to the commission. At least four voting members shall be residents qualified electors of the city. The remaining voting member may be a resident qualified elector of Sonoma Valley, as defined by the council commission and committee appointment policy. One non-voting member shall be an arborist certified by the International Society of Arboriculture and the other non-voting member shall be a youth member who shall be at least 14 years of age, but no older than 18 years of age at the time of appointment. The two non-voting members shall be appointed by the city council and shall be residents of the city or Sonoma Valley, as defined by the council commission and committee appointment policy.

Section 3: Section 2.50.020 of the Sonoma Municipal Code is amended to read as follows:

2.50.020 Composition – Climate Action Commission
The parks, recreation, and open space commission shall be governed by Chapter 2.40 SMC and
any rules and procedures established by city council resolution. The parks, recreation, and open space commission shall be composed of seven members. Five of the commission members shall
Agenda Item #4.3:

be voting members who are at least 18 years of age, with each city council member making one direct appointment to the commission. At least four voting members shall be residents qualified electors of the city. The remaining voting member may be a resident qualified elector of Sonoma Valley, as defined by the council commission and committee appointment policy.

One non-voting member shall be an arborist certified by the International Society of Arboriculture and the other non-voting member shall be a youth member who shall be at least 14 years of age, but no older than 18 years of age at the time of appointment. The two nonvoting members shall be appointed by the city council and shall be residents of the city or Sonoma Valley, as defined by the council commission and committee appointment policy.

Section 4: Section 2.56.020 of the Sonoma Municipal Code is amended to read as follows:

2.56.020 Composition – Cultural and Fine Arts Commission.

The cultural and fine arts commission shall consist of seven voting members who are at least 18 years of age. All members, who shall be appointed and hold office in accordance with the applicable provisions of Chapter 2.40 SMC and rules and procedures established by city council resolution. At least six voting members shall be qualified electors residents of the city. The remaining voting member may be a resident qualified elector of Sonoma Valley, as defined by the council commission and committee appointment policy.

Section 5: Section 2.60.020 of the Sonoma Municipal Code is amended to read as follows:

2.60.020 Composition – Design Review and Historic Preservation Commission.

The design review and historic preservation commission shall consist of five voting members who are at least 18 years of age. All members, who shall be appointed and hold office in accordance with Chapter 2.40 SMC and rules and procedures established by city council resolution. At least four voting members shall be residents qualified electors of the city. The other remaining voting member may be a resident qualified elector of Sonoma Valley, as defined by the council commission and committee appointment policy. The members of the commission shall include persons who have demonstrated special interest, competence, experience or knowledge in the following areas: historic preservation, cultural geography, or other historic preservation-related discipline; architecture and architectural history; prehistoric and historic archaeology; urban planning; landscape architecture; or related disciplines, to the extent such persons are available in the community. All members must have demonstrated interest in and knowledge of the cultural heritage of the city.

Section 6: Section 10.12.0808 of the Sonoma Municipal Code is amended to read as follows:

10.12.080 Traffic Safety Committee is Established
The traffic safety committee shall consist of five voting members who are at least 18 years of age. All members shall be appointed and hold office in accordance with the applicable provisions of Chapter 2.40 SMC and rules and procedures established by city council resolution. appointed in accordance with SMC 2.40.100. At least four voting of the members shall be qualified electors residents of the city. The remaining voting member may be a resident of Sonoma Valley, as defined by the council commission and committee appointment policy.

Section 6: Severability. If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held to be invalid and/or unconstitutional by a court of competent Agenda Item #4.3:

jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

The city council hereby declares that it would have passed and adopted this chapter and each of the provisions thereof irrespective of the fact that any one or more of said provisions be declared invalid and/or unconstitutional.

Section 7: Effective Date. This ordinance shall take effect thirty (30) days after passage thereof.

Section 8: Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933(c)(1).
********
THE FOREGOING ORDINANCE was introduced at a regular meeting of the Sonoma City Council held on the 19th day of October 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the _______ day of ______, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jack Ding, Mayor
ATTEST:
___________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.3:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 02 Nov 2022
Department
Development Services
Staff Contact
Wayne Wirick, Development Services
Director/Building Official
Agenda Item Title
Adopt an Ordinance Repealing Chapter 14.25 (Flood Damage Prevention Regulations) and Adopt a New Chapter 14.25 (Floodplain Management Regulations) of the Sonoma Municipal Code to meet the requirements of the National Flood Insurance Program and the California Building Standards Code.

Summary
On October 19, 2022, the City Council held a public hearing and “introduced” the proposed ordinance repealing SMC Chapter 14.25 and adopting a new SMC Chapter 14.25 effectively bringing the City's flood plain management regulations into compliance with FEMA's NFIP.

The major change in the regulations is the requirement to raise the lowest floor for most newly constructed buildings and buildings undergoing substantial improvements (as defined) at least 1 foot above the designated base flood elevation if the building is located within a designated special flood hazard zone (projected 100-year flood frequency) as indicated on the City's Flood Insurance Rate Maps. Previously, the lowest floor for these buildings were required to be elevated to not less than designated base flood elevation.

Recommended Council Action
Adopt the proposed ordinance repealing Chapter 14.25 (Flood Damage Prevention Regulations) of the Sonoma Municipal Code and adopting a new Chapter 14.25 (Floodplain Management Regulations) to meet the requirements of the National Flood Insurance Program and the California Building Standards Code.

Alternative Actions
N/A
Financial Impact
N/A
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #4.4:

Attachments
Flood Hazard Ordinance
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

N/A
CC:

N/A
Agenda Item #4.4:

ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA REPEALING CHAPTER

14.25 (FLOOD DAMAGE PREVENTION REGULATIONS) OF THE SONOMA MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 14.25 (FLOODPLAIN MANAGEMENT

REGULATIONS) TO MEET THE REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE

PROGRAM AND COORDINATE WITH THE FLOOD PROVISIONS OF CALIFORNIA CODE OF REGULATIONS TITLE 24 (CALIFORNIA BUILDING STANDARDS CODE). ______________________________________________________________________ WHEREAS, the Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency (FEMA) has identified special flood hazard areas within the boundaries the City of Sonoma and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and
WHEREAS, the City of Sonoma was accepted for participation in the National Flood Insurance Program on January 17, 1979 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and Part 2.5, the City of Sonoma is required to administer and enforce the California Building Standards Code, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas; and WHEREAS, this ordinance does not modify a “building standard” as defined by California Health and Safety Code Section 18909(a) and is not subject to the requirements of findings pursuant to Health and Safety Code Sections 17958.5, 17958.7 and 18941.5; and WHEREAS, The flood hazard areas of Sonoma are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and
WHEREAS, flood losses may be caused by the cumulative effect of obstructions in areas of special flood hazard areas which increase flood heights and velocities, and, when inadequately anchored, may damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss; and WHEREAS, the City Council has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the California Building Standards Code.

WHEREAS, the proposed ordinance contains nondiscretionary ministerial provisions that are exempt from the requirements of the California Environmental Quality Act (“CEQA”).

Agenda Item #4.4:

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sonoma that the following floodplain management regulations are hereby adopted.

SECTION 1. RECITALS.

The foregoing whereas clauses are incorporated herein by reference and made a part hereof.

SECTION 2. AMENDMENTS TO SONOMA MUNICPAL CODE CHAPTER 14.25.

Chapter 14.25 of the Sonoma Municipal Code; Ordinance 88-1; Ordinance 97-3; Ordinance 2002- 09 are hereby repealed in their entirety and Chapter 14.25 of the Sonoma Municipal Code is replaced to read as follows:

CHAPTER 14.25

FLOODPLAIN MANAGEMENT REGULATIONS
PART I. – SCOPE AND ADMINISTRATION
ARTICLE 1 GENERAL PROVISIONS

14.25.010 Title. These regulations, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code (hereinafter “building codes,” consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related codes), shall be known as the Floodplain Management Regulations of the City of Sonoma (hereinafter “these regulations”).

14.25.020 Statutory authority. Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

14.25.030 Scope. The provisions of these regulations, in combination with the flood provisions of the building codes, shall apply to all proposed development entirely or partially in flood hazard areas established in Section 14.25.110 of these regulations.

14.25.040 Purposes and objectives. The purposes and objectives of these regulations and the flood load and flood resistant construction requirements of the building codes are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
(A) Minimize unnecessary disruption of commerce, access and public service during times of flooding.
(B) Require the use of appropriate construction practices in order to prevent or minimize future flood damage.
(C) Manage the alteration of natural floodplains, stream channels and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain. (D) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential.
(E) Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.

Agenda Item #4.4:

(F) Contribute to improved construction techniques in the floodplain. (G) Minimize damage to public and private facilities and utilities. (H) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
(I) Minimize the need for rescue and relief efforts associated with flooding. (J) Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
(K) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
(L) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.

14.25.050 Coordination with California Building Standards Code. Pursuant to the requirement established in Health & Safety Code, § 17958 that the City of Sonoma administer and enforce the Uniform Building Code and California Building Standards Code, the City Council of the City of Sonoma hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas.

Therefore, these regulations are intended to be administered and enforced in conjunction with the building codes.

14.25.060 Warning. The degree of flood protection required by these regulations and the building codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency (FEMA), requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with these regulations.

14.25.070 Disclaimer of liability. These regulations shall not create liability on the part of the City Council, the City of Sonoma, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency (FEMA), for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the community in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by a legal representative of the community until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.

14.25.080 Other laws. The provisions of these regulations shall not be deemed to nullify any provisions of local, State or federal law.

Agenda Item #4.4:

14.25.090 Abrogation and greater restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal, abrogate or impair any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes, nor any existing easements, covenants, or deed restrictions. In the event of an overlap or conflict between these regulations and any other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall govern.

ARTICLE 2 APPLICABILITY

14.25.100 General applicability. These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land; filling, grading and other site improvements; installation of utilities; installation, placement and replacement of manufactured homes; placement of recreational vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects.

14.25.110 Establishment of flood hazard areas. The Flood Insurance Study for Sonoma County, California and Incorporated Areas dated January 17, 1979, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of these regulations and serve as the basis for establishing flood hazard areas. Where the building code establishes flood hazard areas, such areas are established by this section. Additional maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the office of the Building Official at Sonoma City Hall.

14.25.120 Interpretation. In the interpretation and application of these regulations, all provisions shall be:
(A) Considered as minimum requirements.
(B) Liberally construed in favor of the governing body. (C) Deemed neither to limit nor repeal any other powers granted under state statutes.

ARTICLE 3 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR

14.25.130 Designation. The Building Official is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

14.25.140 General authority. The Floodplain Administrator is authorized and directed to administer and enforce these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article 7 of these regulations. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a qualified California (CA) Licensed Land Surveyor or Civil Engineer when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with these regulations.

Agenda Item #4.4:

14.25.150 Coordination. The Floodplain Administrator shall coordinate with and provide comments to the City Building Department to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of these regulations. The Floodplain Administrator has the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section

14.25.170 of these regulations.

14.25.160 Duties. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall:
(A) Review all permit applications and plans to determine whether proposed development is located in flood hazard areas.
(B) Review all applications and plans for development in flood hazard areas for compliance with these regulations.
(C) Review, in coordination with the Building Department, required design certifications and documentation of elevations specified by the building code to determine that such certifications and documentations are complete.
(D) Review applications and plans for modification of any existing development in flood hazard areas for compliance with these regulations.
(E) Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
(F) Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
(G) Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant.
(H) Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobile home Installations when submitted by applicants. (I) Review requests submitted to the Building Department seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Article 7 of these regulations.
(J) Coordinate with the Building Department and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
(K) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available. (L) Require applicants who propose alteration of a watercourse to notify adjacent communities and the NFIP State Coordinating Agency, and to submit copies of such notifications to the FEMA.
(M) Inspect development in accordance with Article 6 of these regulations and inspect flood hazard areas to determine when development is undertaken without issuance of permits.

Agenda Item #4.4:

(N) Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Article 7 of these regulations.
(O) Cite violations in accordance with Article 8 of these regulations. (P) Notify FEMA when the corporate boundaries of the City of Sonoma have been modified and provide a map and legal description of the changes in the corporate boundaries. (Q) Submit a report to the Federal Insurance Administrator concerning the City's participation in the NFIP, including, but not limited to the development and implementation of flood plain management relations, as required by CFR Title 44 Part 59.22, Subpart B, Subsection 2. This report shall be submitted annually or biennially as determined by the Federal Insurance Administrator.

14.25.170 Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Department, shall:
(A) Estimate the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
(B) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure. (C) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
(D) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

14.25.180 Department records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes.

ARTICLE 4 PERMITS FOR FLOODPLAIN DEVELOPMENT

14.25.190 Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and Agenda Item #4.4:

shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of these regulations and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on Conditional Letters of Map Revision issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine a permit for floodplain development is required in addition to a building permit.

14.25.200 Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. The information provided shall:
(A) Identify and describe the development to be covered by the permit. (B) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site.
(C) Indicate the use and occupancy for which the proposed development is intended. (D) Be accompanied by a site plan and construction documents as specified in Article 5 of these regulations, including grading, excavation and filling plans and other information deemed appropriate by the Floodplain Administrator.
(E) State the valuation of the proposed work.
(F) Be signed by the applicant or the applicant's authorized agent. (G) Include such other data and information required by the Floodplain Administrator to demonstrate compliance with these regulations.

14.25.210 Validity of permit. The issuance of a permit for floodplain development under these regulations or the building codes shall not be construed to be a permit for, or approval of, any violation of these regulations, the building code, or any other ordinance of the community. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations.

14.25.220 Other permits required. The applicant shall obtain all other required state and federal permits prior to initiating work authorized by these regulations and shall provide documentation of such permits to the Floodplain Administrator. Such permits include but are not limited to those required by the California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.

14.25.230 Expiration. Every permit issued shall become invalid after 4 years from the date of issuance. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 12 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. For the purposes of this section, work shall be considered commenced if a required inspection has been requested by the permittee and the required inspection of the work performed has been conducted by a City building inspector within 12 months after the issuance of the building permit. For the purposes of this section, work shall be considered abandoned if no required inspection has been conducted by a City building inspector within a 12-month period after work has commenced. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, unless FEMA has issued notification of revision to the Flood Insurance Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid. The extension shall be requested by the permittee in writing and justifiable cause demonstrated.

Agenda Item #4.4:

14.25.240 Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit for floodplain development issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of these regulations or any ordinance or code of this community.

14.25.250 Appeals of decisions. When it is alleged that there is an error in any decision or determination made by the Floodplain Administrator in the interpretation or enforcement of these regulations, such decision or determination may be appealed to the City Council pursuant to the requirements contained in Sonoma Municipal Code Chapter 1.24. Appeals setting forth the reasons of the appeal shall be made in writing, on a form provided by the city clerk, and filed within 15 calendar days of the date the Floodplain Administrator’s decision, notice or order (oral or written) that is properly served, together with any applicable fees pursuant to the fee schedule adopted by the City Council.

ARTICLE 5 SITE PLANS AND CONSTRUCTION DOCUMENTS

14.25.260 Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
(A) Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood elevation(s); ground elevations; proposed filling, grading, and excavation; and drainage patterns and facilities when necessary for review of the proposed development. (B) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 14.25.270 or Section 14.25.280 of these regulations.
(C) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 14.25.270(B) of these regulations.
(D) Location of the proposed activity and proposed structures; locations of water supply, sanitary sewer, and other utilities; and locations of existing buildings and structures. (E) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (F) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.
(G) Existing and proposed alignment of any proposed alteration of a watercourse.

14.25.270 Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator is authorized to:
(A) Require the applicant to include base flood elevation data prepared by a qualified CA Licensed Civil Engineer in accordance with currently accepted engineering practices.

Such analyses shall be performed and sealed by a qualified CA Licensed Civil Engineer.

Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant. (B) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain Agenda Item #4.4:

and use base flood elevation and floodway data available from a federal or state agency or other source.
(C) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:
(1) Require the applicant to include base flood elevation data in accordance with Section 14.25.270(A) of these regulations; or
(2) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. (D) Where the base flood elevation data are to be used to support a request for a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

14.25.280 Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of these regulations, the applicant shall have the following analyses signed and sealed by a qualified CA Licensed Civil Engineer for submission with the site plan and construction documents:
(A) For development activities proposed to be located in a floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 14.25.290 of these regulations and shall submit the Conditional Letter of Map Revision, when issued by FEMA, with the site plan and construction documents.
(B) For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the Flood Insurance Study or on the FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (C) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices that demonstrates the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section 14.25.290 of these regulations. The applicant shall notify the chief executive officer of adjacent communities and the California Department of Water Resources. The Floodplain Administrator shall maintain a copy of the notification in the permit records and shall submit a copy to FEMA.

14.25.290 Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and Agenda Item #4.4:

processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling, permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.

ARTICLE 6 INSPECTIONS

14.25.300 Inspections, in general. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code.

Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

14.25.310 Inspections of development other than buildings and structures. The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.

14.25.320 Inspections of manufactured homes installations. The Floodplain Administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in Section 14.25.590 of these regulations the Floodplain Administrator shall inspect the installation or have the installation inspected.

14.25.330 Buildings and structures. The Building Official shall make or cause to be made inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code and this chapter:
(A) Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the building official.
(B) Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the building official.

ARTICLE 7 VARIANCES

14.25.340 Nature of variances. The considerations and conditions for variances set forth in this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be issued for a parcel of property with physical characteristics so unusual that complying with the requirements of these regulations would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. The issuance of a variance is for floodplain management purposes only. Federal flood insurance premium rates are determined by the National Flood Insurance Program according to actuarial risk and will not be modified by the granting of a variance.

The City Council promotes public health, safety and welfare and adopts regulations to minimize losses from flooding. The implications of property damage and the cost of insuring a structure built below flood level are so serious that variances from the elevation or other requirements in the Agenda Item #4.4:

building codes should be quite rare. The long-term goal of preventing and reducing flood loss and damage, and minimizing recovery costs, inconvenience, danger, and suffering, can only be met when variances are strictly limited. Therefore, the variance requirements in these regulations are detailed and contain multiple provisions that must be met before a variance can be properly issued. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

14.25.350 Variances; general. The City Council shall hear and decide requests for variances from the strict application of these regulations.

14.25.360 Limitations on authority. The City Council shall base its determination on technical justifications submitted by applicants, the considerations and conditions set forth in this article, the comments and recommendations of the Floodplain Administrator, as applicable, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations and the building code.

14.25.370 Records. The Floodplain Administrator shall maintain a permanent record of all variance actions, including justification for issuance.

14.25.380 Historic structures. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic structure upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure. When the proposed work precludes the structure’s continued designation as a historic building, a variance shall not be granted and the structure and any repair, improvement, and rehabilitation shall be subject to the requirements of the building code.

14.25.390 Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analyses required in Section 14.25.280(A) of these regulations.

14.25.400 Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the criteria in Section 1612 of the building code (CCR Title 24 Part 2) or Section R322 of the residential code (CCR Title 24 Part 2.5) are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety.

14.25.410 Agricultural structures. A variance is authorized to be issued for the construction or substantial improvement of agricultural structures that are not elevated or dry floodproofed, provided the requirements of this section are satisfied and:
(A) A determination has been made that the proposed agricultural structure:
(1) Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.
(2) Has low damage potential.
(3) Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or Agenda Item #4.4:

water-reactive materials.
(4) Complies with the wet floodproofing construction requirements of Section

14.25.410(B), below.
(B) Wet floodproofing construction requirements.
(1) Anchored to resist flotation, collapse, and lateral movement. (2) When enclosed by walls, walls have flood openings that comply with the flood opening requirements of American Society of Civil Engineers (ASCE) 24, Chapter

2. (3) Flood damage-resistant materials are used below the base flood elevation. (4) Mechanical, electrical, and utility equipment are elevated above the base flood elevation.

14.25.420 Considerations for issuance of variances. In reviewing applications for variances, all technical evaluations, all relevant factors, all other requirements of these regulations and the building code, as applicable, and the following shall be considered:
(A) The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
(B) The danger to life and property due to flooding or erosion damage. (C) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners. (D) The importance of the services provided by the proposed development to the community. (E) The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable. (F) The compatibility of the proposed development with existing and anticipated development.
(G) The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
(H) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(I) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, if applicable, expected at the site. (J) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

14.25.430 Conditions for issuance of variances. Variances shall only be issued upon:
(A) Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
(B) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable. (C) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or future property owners, or conflict with existing local laws or ordinances.

Agenda Item #4.4:

(D) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(E) When the request is to allow construction of the lowest floor of a new building or substantial improvement of a building below the base flood elevation, notification to the applicant in writing over the signature of the Floodplain Administrator specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that issuance of a variance to construct below the elevation required in the building code will result in increased premium rates for federal flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the required elevation increases risks to life and property.

ARTICLE 8 VIOLATIONS

14.25.440 Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these regulations or the building code, is presumed to be a violation until such time as required documentation is submitted. Violation of the requirements shall constitute a misdemeanor.

14.25.450 Authority. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner’s agent, or to the person or persons doing the work for development that is not within the scope of the building codes, but is regulated by these regulations and that is determined to be a violation.

14.25.460 Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to an investigation fee as adopted by the City Council and penalties as prescribed by Section 1.12.010 of the Sonoma Municipal Code or otherwise prescribed by law. Further, any violation of this section is deemed a public nuisance and may be subject to nuisance abatement proceedings as provided by Section 1.12.010 and Chapter 14.30 of the Sonoma Municipal Code and/or enforcement proceedings under Chapter 1.28 or Chapter 1.30 of the Sonoma Municipal Code.

PART II. – DEFINITIONS
ARTICLE 9 DEFINITIONS

14.25.470 General. The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Where terms are not defined in these regulations and are defined in the building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 2.5), such terms shall have the meanings ascribed to them in those codes. Where terms are not defined in these regulations or the building code, such terms shall have ordinarily accepted meanings such as the context implies.

14.25.480 Definitions
“Accessory Structure” means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage. “Agricultural Structure” means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of Agenda Item #4.4:

agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.
“Alteration of a watercourse” means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. “ASCE 24” means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA.

Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code. “Base flood” means the flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in CCR Title 24 Part 2.]
”Base flood elevation” means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in CCR Title 24 Part 2.] “Basement” means, for the purpose of floodplain management, the portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in CCR Title 24 Part 2.] “Building code” means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:
(1) Part 2, applicable to buildings and structures other than dwellings within the scope of this part.
(2) Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.
(3) Part 10, applicable to existing buildings (as defined in that code). (4) Other specified codes.
“Design flood” means the flood associated with the greater of the following two areas: [Also defined in CCR Title 24 Part 2.]
(1) Area with a flood plain subject to a 1-percent or greater chance of flooding in any year. (2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
“Design flood elevation” means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm). [Also defined in CCR Title 24 Part

2.]
“Development” means any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations, flood control projects, and other land-disturbing activities. “Encroachment” means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

Agenda Item #4.4:

"Exceptional hardship" means, for the purpose of variances from these regulations or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before July 11, 1966.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (i.e., mudflows) which are proximately caused by flooding. “Flood control project” means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization. “Flood damage-resistant materials” means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in CCR Title 24 Part 2.] “Flood hazard area” means the greater of the following two areas: [Also defined in CCR Title 24 Part 2.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.
(2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated.
“Flood Insurance Rate Map (FIRM)” means an official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community. [Also defined in CCR Title 24 Part 2.] “Flood Insurance Study” means the official report provided by the Federal Emergency Management Agency (FEMA) containing the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map (FBFM), the water surface elevation of the base flood and supporting technical data. [Also defined in CCR Title 24 Part 2.] “Floodplain Administrator” means the community official designated by title to administer and enforce the floodplain management regulations.

Agenda Item #4.4:

“Floodway” means the channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Also defined in CCR Title 24 Part 2.] "Fraud or victimization" means, for the purpose of variances from these regulations or the building code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the building code, future owners or tenants of such buildings and the community as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering.
“Functionally dependent use” means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding or ship repair facilities. The term does not include long-term storage, manufacture, sales or service facilities. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. "Historic structure" means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on the inventory of historic places maintained by the California Office of Historic Preservation; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by the California Office of Historic Preservation.
“Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. (2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

Agenda Item #4.4:

“Light-duty truck” means, as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or
(3) Available with special features enabling off-street or off-highway operation and use. “Lowest floor” means the lowest floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the building codes. [Also defined in CCR Title 24 Part 2.]
“Manufactured home” means a structure that is transportable in one or more sections, built on a permanent chassis, designed for use as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and constructed to the Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development. Also see definitions in Health and Safety Code sections18000.(a)(2) and 18001.(a).

For the purposes of floodplain management, the term also includes mobile homes and recreational vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Market value” means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by one of the following methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) a qualified independent appraiser.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after July 11, 1966.
"Nuisance" means that which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. “Permit for floodplain development” means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with these regulations.
“Recreational vehicle” means a vehicle that is built on a single chassis, 400 square feet (37.16 m2) or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A Agenda Item #4.4:

recreational vehicle is ready for highway use when it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. Also see definitions in Health and Safety Code section 18010. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Special flood hazard area (SFHA)" means the land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE, or V1-30. [Also defined in CCR Title 24 Part 2.] “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. [Also defined in CCR Title 24 Part 2.] “Substantial improvement” means any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. When the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in CCR Title 24 Part 2.]
(1) Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. “Utility and Miscellaneous Group U” means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.
“Variance” means a grant of relief from the requirements of these regulations which permits construction in a manner otherwise prohibited and where specific enforcement would result in exceptional hardship.
“Violation” means a development that is not fully compliant with these regulations or the flood provisions of the building code, as applicable.
“Watercourse” means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

PART III. – FLOOD RESISTANT DEVELOPMENT
ARTICLE 10 BUILDINGS AND STRUCTURES

14.25.490 Requirements for buildings and structures in flood hazard areas. Applications for building and structures within the scope of the building code that are proposed in flood hazard areas shall comply with the applicable requirements of the building code as adopted and amended by the City of Sonoma.

14.25.500 Detached garages and accessory storage structures. Detached garages and accessory storage structures used only for parking or storage are permitted below the base flood elevation provided the garages and accessory storage structures:
(A) Are one story and not larger than 600 square feet in area when located in special flood hazard areas.

Agenda Item #4.4:

(B) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. (C) Have flood openings in accordance with the building code. (D) Have flood damage-resistant materials used below the base flood elevation. (E) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation.

14.25.510 Utility and Miscellaneous Group U. Utility and miscellaneous Group U includes buildings that are accessory in character and miscellaneous structures not classified in any specific occupancy in the building code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, fences more than 6 feet (1829 mm) high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters, private garages, retaining walls, sheds, stables, and towers. In addition to the building code requirements for fire and life safety, the following shall apply to utility and miscellaneous Group U buildings and structures in flood hazard areas:
(A) New construction and substantial improvement of such buildings and structures shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions of the design flood. (B) New construction and substantial improvement of such buildings and structures, when fully enclosed by walls, shall be elevated such that the lowest floor, including basement, is elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry floodproofed in accordance with ASCE 24.
(C) Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be constructed in accordance with ASCE 24 and limited to parking, storage, and building access.
(D) When fully enclosed by walls, flood openings shall be installed in accordance with ASCE

24. (E) Flood damage-resistant materials shall be used below the design flood elevation. (F) Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be located or installed in accordance with ASCE 24.

ARTICLE 11 SUBDIVISIONS

14.25.520 Minimum requirements. Subdivision proposals in flood hazard areas, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:
(A) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
(B) All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage in accordance with Section 14.25.550 and Section 14.25.560 of these regulations, as applicable, and appropriate codes.
(C) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

14.25.530 Subdivision requirements. In addition to the requirements of Section 14.25.520 of these regulations, where any portion of proposed subdivisions, including proposals for manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
(A) The flood hazard area, including floodways, as appropriate, shall be delineated on Agenda Item #4.4:

preliminary subdivision plats.
(B) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 14.25.270(A) of these regulations. (C) When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a licensed land surveyor or registered civil engineer.

ARTICLE 12 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS

14.25.540 Minimum requirements. All proposed development in flood hazard areas shall be reviewed to determine that:
(A) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
(B) Where the proposed development has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations are in accordance with Section 14.25.270(A) of these regulations. (C) All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage. (D) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

14.25.550 Sanitary sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.

14.25.560 Water supply facilities. All new and replaced water supply facilities shall be designed in accordance with the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the systems.

14.25.570 Development in floodways. Development, site improvements and land disturbing activity involving fill or regrading shall not be authorized in the floodway unless the floodway encroachment analysis required in Section 14.25.280(A) of these regulations demonstrates the proposed work will not result in any increase in the base flood level during occurrence of the base flood discharge.

14.25.580 Limitations on placement of fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures, fill shall comply with the requirements of the building code. The placement of fill intended to change base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs shall be subject to the requirements of Section 14.25.290 of these regulations.

ARTICLE 13 INSTALLATION OF MANUFACTURED HOMES

14.25.590 Installation. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply Agenda Item #4.4:

with the requirements of the Department of Housing and Community Development (HCD) and the requirements of these regulations. In addition to permits pursuant to these regulations, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes. Upon completion of installation and prior to the final inspection by the Floodplain Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator.

14.25.600 Foundations. All new and replacement manufactured homes, including substantial improvement of manufactured homes installed in flood hazard areas, shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of Section R322.2 of the residential code (CCR Title 24 Part 2.5) and these regulations. Foundations for manufactured homes subject to Section 14.25.630 of these regulations are permitted to be reinforced piers or other foundation elements of at least equivalent strength.

14.25.610 Anchoring. All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind loads and seismic loads.

14.25.620 General elevation requirement. Unless subject to the requirements of Section

14.25.630 of these regulations, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood hazard area, is at or above the base flood elevation.

14.25.630 Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 14.25.620 of these regulations, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as a result of flooding has occurred, shall be elevated such that either the:
(A) Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the flood hazard area, is at or above the base flood elevation. (B) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade.

14.25.640 Flood damage-resistant materials. Materials below elevated manufactured homes shall comply with the flood-damage resistant materials requirements of Section R322 of the residential code (CCR Title 24 Part 2.5).

14.25.650 Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the enclosed area requirements of Section R322 of the residential code (CCR Title 24 Part

2.5).

14.25.660 Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the lowest floor or bottom of the Agenda Item #4.4:

lowest horizontal structural member of the manufactured home, as applicable to the flood hazard area.

Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 14.25.620 or Section 14.25.630, as applicable, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

ARTICLE 14 RECREATIONAL VEHICLES

14.25.670 Temporary placement. Recreational vehicles in flood hazard areas shall be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use.

Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, such as rooms, stairs, decks and porches.

14.25.680 Permanent placement. Recreational vehicles that do not meet the limitations in Section 14.25.670 for temporary placement shall meet the requirements of Article 13 for manufactured homes.

ARTICLE 15 OTHER DEVELOPMENT

14.25.690 General requirements for other development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the building code, shall:
(A) Be located and constructed to minimize flood damage. (B) Meet the limitations of Section 14.25.570 of these regulations when located in a regulated floodway.
(C) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. (D) Be constructed of flood damage-resistant materials. (E) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the building code for wet locations.

14.25.700 Tanks. Tanks that serve buildings shall comply with the requirements of the building code. Underground and above-ground tanks that serve other purposes shall be designed, constructed, installed and anchored in accordance with ASCE 24.

14.25.710 Requirements for temporary structures and temporary storage in flood hazard areas. Temporary structures shall be erected for a period of less than 180 days and temporary storage of goods and materials shall be permitted for a period of less than 180 days. Extensions may be granted in accordance with Section 14.25.230 of these regulations. In addition, the following apply:
(A) Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Fully enclosed temporary structures shall have flood Agenda Item #4.4:

openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.
(B) Temporary stored materials shall not include hazardous materials. (C) The requirements of Section 14.25.570 of these regulations, when located in floodways.

14.25.720 Fences in floodways. Fences in floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 14.25.570 of these regulations.

14.25.730 Oil derricks. Oil derricks located in flood hazard areas shall be designed in conformance with flood loads required by the building code.

14.25.740 Retaining walls, sidewalks and driveways in floodways. Retaining walls and sidewalks and driveways that involve placement of fill in floodways shall meet the limitations of Section 14.25.570 of these regulations and the requirements for site grading in Chapter 18 of the building code.

14.25.750 Roads and watercourse crossings in floodways. Roads and watercourse crossings that encroach into floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side shall meet the limitations of Section 14.25.570 of these regulations. Alteration of a watercourse that is part of work proposed for a road or watercourse crossing shall meet the requirements of Section

14.25.280(C) of these regulations.

14.25.760 Swimming pools. Above-ground swimming pools, on-ground swimming pools, and inground swimming pools that involve placement of fill in floodways shall meet the requirement of Section 14.25.570 of these regulations.

ARTICLE 16 FLOOD CONTROL PROJECTS

14.25.770 Flood control projects; general. In addition to applicable Federal, State and other local permits, a permit for floodplain development is required for construction of flood control projects. The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency of the structural elements of the proposed flood control project. Permits for floodplain development and building permits in areas affected by proposed flood control projects shall not be issued based on Conditional Letters of Map Revision issued by FEMA.

14.25.780 Flood control projects; applications. Applications for permits for flood control projects shall include documentation including but not limited to:
(A) Site plan or document showing the existing topography and the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations shown on the FIRM. (B) Site plan or document showing the proposed topography and the proposed changes to the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations.
(C) The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR) and, if issued, the Conditional Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood control project alters a floodway and increases base flood elevations more than greater than 0.00 feet or alters a watercourse a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or Agenda Item #4.4:

on the FIRM and floodways have not been designated and increases base flood elevations more than 1.0 foot.

SECTION 3. APPLICABILITY.

For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Sonoma.

This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance.

SECTION 4. CEQA.

The City Council finds that the adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”) under California Code of Regulations, Title 14 Section 15268, in that the ordinance contains nondiscretionary ministerial provisions that are therefore exempt from the requirements of CEQA. The ordinance adopts by reference standard codes that are in effect pursuant to state law and sets requirements for compliance. The adoption of this ordinance does not entitle new development or any changes to the physical environment.

SECTION 5. SEVERABILITY.

If any section, subsection, clause, sentence, word or phrase of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of remaining portions of this ordinance. The City Council declares that it would have passed and adopted this ordinance and each of the provisions thereof irrespective of the fact that any one or more such provisions, sections, subsections, phrases or clauses be declared invalid and/or unconstitutional.

SECTION 6. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after the adoption of this ordinance by the City Council or on January 1, 2023, whichever is later.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Sonoma this ____ day of November, 2022.
___________________________
Mayor
ATTEST:
___________________________
Rebekah Barr, City Clerk
State of California )
County of Sonoma )
City of Sonoma )
I, Rebekah Barr, City Clerk of the City of Sonoma, do hereby certify that the foregoing ordinance was adopted on November ____, 2022 by the following vote:

AYES:

NOES:

ABSENT:

Agenda Item #4.4:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 02 Nov 2022
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt a Resolution Setting the Date and Time for Regular Council Meetings to Allow for Early Consideration of Closed Session Items
Summary
Sonoma Municipal Code 2.01.010 (B) allows the City Council to determine the date and time of regular Council meetings via resolution as necessary. At this time, per Resolution #93-2021, the City holds its regular meetings at 6:00PM on the first and third Wednesday of each month.

Typically, the Council does not require a closed session every two weeks, so there is not a resolution designating the date and time of those meetings. Special Meetings are held to consider items as needed.

Recently the City Attorney brought it to Staff's attention that certain items cannot be considered on a special meeting agenda, regardless if open or closed session. In order to be able to continue conducting business, and to avoid closed session items mandated to be heard at the end of the open session regular agenda items, staff is presenting the attached resolution setting the times for regular meetings with a clause that enables the consideration of closed session items prior to the open session.

If the City Council adopts the resolution, the regular session items will continue to start at 6:00P.M., however, it will allow for the Regular meeting to begin as early as 4:00PM to consider matters that must be heard in closed session. The adoption of this resolution does not prohibit the City Council from scheduling special closed sessions as appropriate.

Recommended Council Action
Adopt the Resolution.

Alternative Actions
Do not adopt the resolution and schedule closed session to immediately follow the open session items on the regular calendar.

Financial Impact
None
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #4.5:

Attachments
Meeting Schedule Reso
Agenda Item #4.5:

City of Sonoma
RESOLUTION # ____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA SCHEDULING A REGULAR COUNCIL MEETING ON DECEMBER 14, 2022
WHEREAS, Section 2.01.010 of the Sonoma Municipal Code requires the City Council to establish, by resolution, the date and time of regular Council meetings; and WHEREAS, the City Council adopted their 2022 Meeting Calendar on December 15, 2021, and there was only one meeting scheduled for December; and
WHEREAS, in order to certify the results of the General Municipal Election being held on November 8, 2022, there is a need for an additional regular meeting in December.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that there is a Regular City Council Meeting scheduled for December 14, 2022.

PASSED, APPROVED AND ADOPTED this 5h day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jack Ding, Mayor
ATTEST:
______________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.5:

City of Sonoma
RESOLUTION # ____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA SETTING THE

DATE AND TIME REGULAR COUNCIL MEETINGS TO ALLOW FOR EARLY

CONSIDERATION OF CLOSED SESSION ITEMS
WHEREAS, Section 2.01.010 of the Sonoma Municipal Code requires the City Council to establish, by resolution, the date and time of regular Council meetings; and WHEREAS, there is not a current resolution establishing the date and time for Closed Session meetings; and
WHEREAS, there are some closed session matters that cannot be held on a special meeting agenda; and
WHEREAS, at times it is desired to consider closed session matters prior to the regular session which starts at 6:00PM.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma as follows:

1. Regular City Council Meetings will begin at 6:00PM.

2. The City Council can amend the start time of the Regular Council Meeting to as early as 4:00PM to consider closed session matters prior to the open session.

3. Open session will begin at 6:00PM, or immediately following the conclusion of the closed session if after 6:00PM.

4. Nothing in this resolution prohibits the City Council from considering eligible items at a special meeting scheduled for that purpose.

PASSED, APPROVED AND ADOPTED this 2nd day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jack Ding, Mayor
ATTEST:
______________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.5:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 02 Nov 2022
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Introduce an Ordinance Amending Sections 2.48.020 and 2.50.020 of the Sonoma Municipal Code Pertaining to the Composition of and Eligibility Requirements for the City's Commissions Summary
The City Council introduced an ordinance at the meeting of October 19, 2022, making amendments to the City's Municipal Code pertaining to the composition of and eligibility requirements for City commissions and committees. It was noted that Section 2.48.020 Composition - Parks, Recreation, and Open Space Commission and Section 2.50.020 Composition - Climate Action Commission was not consistent with the other sections in the Chapter.

Due to the 30-day waiting period for an ordinance to become effective, it was the consensus of the Council to introduce a second ordinance making amendments to the two sections mentioned above bringing them into consistency with the others.

Recommended Council Action
Introduce the ordinance.

Alternative Actions
Council discretion.

Financial Impact
There are no financial impacts resulting from this action.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Simple Redline - Ordinance Amending SMC - PROS & CA Commissions Agenda Item #4.6:

City of Sonoma
ORDINANCE # _____-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING SECTIONS 2.48.020 AND 2.50.020 OF THE SONOMA MUNICIPAL CODE PERTAINING TO THE COMPOSITION OF AND ELIGIBILITY REQUIREMENTS FOR THE CITY’S

COMMISSIONS
The City Council of the City of Sonoma does ordain as follows:

Section 1: Section 2.48.020 of the Sonoma Municipal Code is amended to read as follows:

2.48.020 Composition – Parks, Recreation, and Open Space Commission.

The parks, recreation, and open space commission shall be governed by Chapter 2.40 SMC and any rules and procedures established by city council resolution. The parks, recreation, and open space commission shall be composedconsist of seven five voting members who are at least 18 years of age. All members shall be appointed and hold office in accordance with the applicable provisions of Chapter 2.40 SMC and rules and procedures established by city council resolution. Five of the commission members shall be voting members who are at least 18 years of age, with each city council member making one direct appointment to the commission.

At least four voting members shall be residents qualified electors of the cCcity of Sonoma. The remaining voting member may be a resident qualified elector of Sonoma Valley, as defined by the council commission and committee appointment policy. One non-voting member shall be an arborist certified by the International Society of Arboriculture and the other non-voting member shall be a youth member who shall be at least 14 years of age, but no older than 18 years of age at the time of appointment. The two non-voting members shall be appointed by the city council and shall be residents of the city or Sonoma Valley, as defined by the council commission and committee appointment policy.

Section 32: Section 2.50.020 of the Sonoma Municipal Code is amended to read as follows:

2.50.020 Composition – Climate Action Commission
The climate action commission shall be governed by Chapter 2.40 SMC and any rules and procedures established by city council resolution. The climate action commission shall be composedconsist of six five voting members who are at least 18 years of age. All members shall be appointed and hold office in accordance with the applicable provisions of Chapter 2.40 SMC and rules and procedures established by city council resolution. Five of the commission members shall be voting members who are at least 18 years of age, with each city council member making one direct appointment to the commission. At least four voting members shall be residents qualified electors of the city. The remaining voting member may be a resident qualified elector of Sonoma Valley, as defined by the council commission and committee appointment policy. One non-voting youth member shall be appointed by the city council. The non-voting youth member shall be at least 14 years of age, but no older than 18 years of age at the time of appointment and shall be a resident of the city or Sonoma Valley, as defined by the council commission and committee appointment policy. Applicants who have professional background, expertise, or education in one or more of the following areas may be appointed to the commission: climate action, environmental science, energy efficiency, alternative transportation, environmental justice/equity, sustainable business, waste minimization, environmental education, or a related field.

Section 63: Severability. If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held to be invalid and/or unconstitutional by a court of competent Agenda Item #4.6:

jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

The city council hereby declares that it would have passed and adopted this chapter and each of the provisions thereof irrespective of the fact that any one or more of said provisions be declared invalid and/or unconstitutional.

Section 74: Effective Date. This ordinance shall take effect thirty (30) days after passage thereof.

Section 58: Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933(c)(1).
********
THE FOREGOING ORDINANCE was introduced at a regular meeting of the Sonoma City Council held on the 19th 2nd day of OctoNovember 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the _______ day of ______, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jack Ding, Mayor
ATTEST:
___________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.6:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 02 Nov 2022
Department
Public Works
Staff Contact
Oriana Hart, PW Admin & Project Manager
Agenda Item Title
Adopt a Resolution Approving the Parcel Map No. 160 for the 2-Lot Residential Development known as Bevan Minor Subdivision located at 369 West Napa St, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement Summary
On October 14, 2021, the Planning Commission approved a Tentative Map to subdivide the

0.37-acre property at 369 West Napa St into a 2-Lot Residential Development known as Parcel Map No. 160, Bevan Minor Subdivision. A vicinity map is shown on attached Parcel Map No. 160, Bevan Minor Subdivision.

The City Engineer has reviewed Parcel Map No. 160 and Improvement Plans and determined that they are in compliance with the Subdivision Map Act and the City’s development code.

The Parcel Map and Improvement Plans are also in substantial conformance with the approved Tentative Map. Conditions of approval required with the tentative subdivision map approval will be met prior to recordation of the Final Map or have been addressed on the subdivision improvement plans and will be carried out during construction.

A portion of the public improvements identified in the approved Improvement Plans have not yet been constructed. Thus, the developer desires to execute a Subdivision Improvement Agreement per Sonoma Municipal Code 19.70.040. A draft of that agreement has been attached for review.

Conditions of approval for the Tentative Parcel Map, required by the Planning Commission, will be met prior to recordation of the Final Map or have been addressed in the subdivision improvement plans and will be carried out during construction.

Recommended Council Action
It is recommended that the City Council adopt the attached resolution approving Parcel Map No. 160 for the 2-Lot Residential Development known as Bevan Minor Subdivision located at 369 West Napa St, and authorizing the City Manager to execute the Subdivision Improvement Agreement.

Alternative Actions
City Council discretion.

Financial Impact
The City of Sonoma will accept responsibility for the public improvements when constructed by the developer.

Agenda Item #4.7:

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution PM 160 Bevan Minor
PM 160 - Bevan Minor Subdivision
Bevan Minor Subdivision Improvement Plans
Bevan Minor SIA
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.7:

CITY OF SONOMA
RESOLUTION NO. __ -2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA
APPROVING PARCEL MAP 160 FOR THE 2-LOT RESIDENTIAL DEVELOPMENT KNOWN AS BEVAN MINOR SUBDIVISION LOCATED AT 369 WEST NAPA

STREET, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

SUBDIVISION IMPROVEMENT AGREEMENT
WHEREAS, on October 14, 2021, the Planning Commission approved a Tentative Parcel Map to subdivide the 0.37-acre property at 369 West Napa Street into a 2-Lot Residential Development known as Bevan Minor Subdivision; and,
WHEREAS, the City Engineer has reviewed Parcel Map No. 160 and has determined that it complies with all applicable provisions of the development code and the Subdivision Map Act; and,
WHEREAS, the City Engineer has reviewed Parcel Map No. 160 and has determined that it is in substantial conformance with the Tentative Parcel Map approved on October 14, 2021; and,
WHEREAS, the City Council is requested to approve Parcel Map No. 160 for the 2-Lot Residential Development known as Bevan Minor Subdivision, located at 369 West Napa St; and,
WHEREAS, the developer desires to enter into a Subdivision Improvement Agreement prior to constructing all of the required public improvements; and, WHEREAS, the City Engineer has prepared a Subdivision Improvement Agreement in a form that has been approved by the City Attorney.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby approves Parcel Map No. 160, subject to meeting conditions of approval required for the Parcel Map.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Subdivision Improvement Agreement with the developer for the construction of the remaining improvements.

ADOPTED the 2nd day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Jack Ding, Mayor
ATTEST:
__________________________
Rebekah Barr, MMC
City Clerk
Agenda Item #4.7:

adobe associates, inc.
civil engineering land surveying wastewater
1220 N. Dutton, Ave., Santa Rosa, Ca. 95401
P (707) 541-2300; F (707) 541-2301
Agenda Item #4.7:

adobe associates, inc.
civil engineering land surveying wastewater
1220 N. Dutton, Ave., Santa Rosa, Ca. 95401
P (707) 541-2300; F (707) 541-2301
Agenda Item #4.7:

adobe associates, inc.
civil engineering land surveying wastewater
1220 N. Dutton, Ave., Santa Rosa, Ca. 95401
P (707) 541-2300; F (707) 541-2301
Agenda Item #4.7:

WEST NAPA STREET
NO
PARKING LOT 2
LOT 1
1 BEVAN SUBDIVISION IMPROVEMENT PLANS 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

BEVAN SUBDIVISION

IMPROVMENT PLANS
369 WEST NAPA STREET
Sonoma, California
APN 018-241-011

OWNER ARCHITECT

ENGINEER SUBDIVIDER

SURVEYOR BENCHMARK TITLE SHEET
C1.0

OVERALL SITE PLAN

SHEET INDEX
GRADING QUANTITIES:

Area of Disturbance = 0.46 Acres
CITY REFERENCE # C

ABBREVIATIONS
LEGEND
APPROVED:

City Engineer Date
R.C.E. 76103
REVIEWED:

Department Initials Date
Building
Planning
Fire
City of Sonoma**
** City approval is valid for 2 years from date of City Engineer approval. If encroachment permit for the improvements are not secured within 2 years, plans are subject to subsequent review and approval.

ACCEPTED BY:

Public Works Inspector Date
City of Sonoma
CX.X
X

RECORD PLAN

LOCATION MAP
SITE
HATCHING LEGEND: ALL WORK WITHIN ROW (UNDER SEPARATE PERMIT) KEY NOTES:
1 C-806
Agenda Item #4.7:

BEVAN SUBDIVISION IMPROVEMENT PLANS 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 TITLE SHEET C1.1

GRADING NOTES

RAINY SEASON OPERATIONS

YEAR ROUND REQUIREMENTS
EROSION PREVENTION AND SEDIMENT CONTROL NOTES:
“ ” “ ”
“ ”
“ ”
Encroachment Permits

GENERAL SEWER CONSTRUCTION NOTES

FIRE UTILITY NOTES
ADDITIONAL CONSTRUCTION NOTES:

WATER SYSTEM CONSTRUCTION NOTES
GENERAL CONSTRUCTION NOTES:

STAFF REPORT (COA):

C-806
Agenda Item #4.7:

W
W

W WEST NAPA STREET
G
G
G
1 2
3 2
4 BEVAN SUBDIVISION IMPROVEMENT PLANS 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 EXISTING CONDITIONS AND DEMOLITION PLAN C2.0

EXISTING CONDITIONS & DEMOLITION PLAN MATCHLINE - SEE BELOW FOR CONTINUATION

DEMOLITION TABLE

SYMBOL DEMOLITION FEATURE UNITS QUANTITY
*
*
1 2
3 4
5 MATCHLINE - SEE ABOVE FOR CONTINUATION
C-806
Agenda Item #4.7:

NO

PARKING
C6.0
5 LOT 2 LOT 1
8,001 SqFt 8,482 SqFt BEVAN SUBDIVISION IMPROVEMENT PLANS 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

OVERALL SITE PLAN ALL WORK WITHIN ROW (UNDER SEPARATE PERMIT) HATCHING LEGEND: OVERALL SITE PLAN
C3.0
C-806
Agenda Item #4.7:

W
W
W
W
G
G
G
G
NO
PARKING W. NAPA STREET
W
W
W
W
G
G
G
G
1 2
C6.0
5 C6.0 1 2
5 BEVAN SUBDIVISION IMPROVEMENT PLANS 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 GRADING & DRAINAGE PLAN C4.0

GRADING & DRAINAGE PLAN MATCHLINE - SEE BELOW FOR CONTINUATION MATCHLINE - SEE ABOVE FOR CONTINUATION HATCHING LEGEND: ALL WORK WITHIN ROW (UNDER SEPARATE PERMIT) KEY NOTES:
1 2
WATER LEGEND & SCHEDULE*

SANITARY SEWER SCHEDULE
C-806
Agenda Item #4.7:

NO

PARKING
LOT 1 NAPA STREET
C6.0
2 C6.0
3 C6.0
1 1
1 1
LOT 2
C6.0
2 1 BEVAN SUBDIVISION IMPROVEMENT PLANS 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

EROSION & SEDIMENT CONTROL PLAN ALL WORK WITHIN ROW (UNDER SEPARATE PERMIT) HATCHING LEGEND: EROSION & SEDIMENT CONTROL PLAN
C5.0 MATCHLINE - SEE BELOW FOR CONTINUATION MATCHLINE - SEE ABOVE FOR CONTINUATION KEY NOTES:
1 2
C-806
Agenda Item #4.7:

(TYPE "ABOVE GRADE"

WITH STRAW BALES)

CONCRETE

WASHOUT

PLYWOOD
48"x24"

PAINTED WHITE
BLACK
LETTER
6" HEIGHT

0.5" LAG
SCREWS

WOOD POST
3"x3"x8'
10' MIN VARIES
10 MIL.

PLASTIC LINING

STRAW BALE
(TYP) 4"
2"
1/8" DIA

STEEL WIRE
STAKE
(TYP)

STAPLES
(2 PER BALE)

NATIVE MATERIAL
(OPTIONAL)
10 MIL

PLASTIC

LINING BIDING
WIRE

WOOD OR

METAL STAKES
(2 PER BALE)
NOTE:

1. ACTUAL LAYOUT DETERMINED IN FIELD.

2. THE CONCRETE WASHOUT SIGN SHALL BE INSTALLED
WITHIN 30 FT. OF THE TEMPORARY CONCRETE

WASHOUT FACILITY
A A' 3' 3'
CONCRETE WASHOUT 1 NTS
PLAN

SIGN DETAIL (OR EQUAL) STAPLE DETAIL

SECTION A-A
FLOW
FLOW

FILTER FABRIC FLOW
FLOW

DIVERSION RIDGE
NOTES:
3"-6" CRUSHED AGGREGATE
(MIN) 12" THICK ON

GEOTEXTILE FABRIC

SEDIMENT BARRIER
(STRAW WATTLE CHECK

DAM TYPE SHOWN)
2% OR GREATER

EXISTING
PAVED

ROADWAY

DIVERSION RIDGE

REQUIRED WHERE
GRADE EXCEEDS 2%

SUPPLY WATER

TO WASH WHEELS

IF NECESSARY
A A'

TEMPORARY GRAVEL
CONSTRUCTION ENTRANCE / EXIT 2
PLAN
NTS

SECTION A-A
20' R

FLOW WIDTH OF DRIVEWAY (SEE PLAN)
50' (MIN)
FLOW

PONDING HT
NOTES:

1. INLET SEDIMENT BARRIERS ARE TO BE USED FOR SMALL,
NEARLY LEVEL DRAINAGE AREAS. (LESS THAN 5%.)

2. USE 1X4 WOOD OR EQUIVALENT METAL STAKES, (3 FT MIN LENGTH).

3. THE TOP OF THE FRAME (PONDING HEIGHT) MUST BE WELL BELOW THE GROUND

ELEVATION DOWNSLOPE TO PREVENT RUNOFF FROM
BY-PASSING THE INLET. A TEMPORARY DIKE MAY BE NECESSARY ON THE DOWNSLOPE SIDE OF THE STRUCTURE.

4. GRAVEL BAGS TO BE USED IN LIEU OF STRAW WATTLE AFTER PAVEMENT HAS BEEN INSTALLED.

STRAW WATTLE STAKE (TYP)

STAKE (TYP)
INLET SEDIMENT BARRIER 3 NTS

LESS THAN
5% SLOPE
INLET
A
A

SECTION A-A
PLAN

OPTIONAL GRAVEL BAG,
SEE NOTE 4
DRAIN
GRATE
20' - 30'
3"-5"
6-12 FEET
NOTES:

1. STRAW WATTLES ARE TUBES MADE FROM STRAW AND BOUND W/ BIO-DEGRADABLE WRAPPED NETTING. THEY ARE APPROXIMATELY 8" DIA
AND 20 - 30 FT LONG.

2. STRAW WATTLES TRAP SEDIMENT AND REDUCE SHEET & RILL EROSION BY REDUCING

SLOPE GRADIENT, INCREASING INFILTRATION RATES AND BY PRODUCING A FAVORABLE ENVIRONMENT FOR PLANT ESTABLISHMENT.

3. STRAW WATTLE INSTALLATION REQUIRES THE PLACEMENT AND SECURE STAKING OF THE WATTLE IN A TRENCH, 3" - 5" DEEP, DUG ON CONTOUR. RUNOFF MUST NOT BE ALLOWED TO RUN UNDER OR AROUND WATTLE.

STRAW WATTLES MUST BE

PLACED ALONG SLOPE

CONTOURS

SEDIMENT, ORGANIC MATTER, AND

NATIVE SEEDS ARE CAPTURED BEHIND
THE WATTLES. INSPECT AND REMOVE

ACCUMULATED MATERIAL AFTER EACH
STORM EVENT.
1" X 1" STAKE OR
REBAR
@ 3'-4' OC

STRAW WATTLES

TIGHTLY ABUT
STRAW WATTLE 4 NTS

STRAW WATTLES
(CONSTRUCTION SPECIFICATIONS)

PREPARE SLOPE BEFORE THE WATTLING
PROCEDURE IS STARTED. SHALLOW GULLIES SHOULD
BE SMOOTHED AS WORK PROGRESSES.

DIG SMALL TRENCHES ACROSS SLOPE ON CONTOUR,
TO PLACE WATTLES IN. THE TRENCH SHOULD BE

DEEP ENOUGH TO ACCOMMODATE HALF THE
THICKNESS OF THE WATTLE. WHEN THE SOIL IS

LOOSE AND UNCOMPACTED, THE TRENCH SHOULD
BE DEEP ENOUGH TO BURY THE WATTLE 2/3 OF ITS
THICKNESS BECAUSE THE GROUND WILL SETTLE. IT

IS CRITICAL THAT WATTLES ARE INSTALLED

PERPENDICULAR TO WATER MOVEMENT, PARALLEL
TO THE SLOPE CONTOUR.

START BUILDING TRENCHES AND INSTALL WATTLES
FROM THE BOTTOM OF THE SLOPE AND WORK UP.

CONSTRUCT TRENCHES AT CONTOUR INTERVALS OF

THREE TO EIGHT FEET APART DEPENDING ON
STEEPNESS OF SLOPE. THE STEEPER THE SLOPE,
THE CLOSER TOGETHER THE TRENCHES.

LAY THE WATTLE ALONG THE TRENCHES FITTING IT
SNUGLY AGAINST THE SOIL. MAKE SURE NO GAPS
EXIST BETWEEN THE SOIL AND THE STRAW WATTLE.

USE A STRAIGHT BAR TO DRIVE HOLES THROUGH

THE WATTLE AND INTO THE SOIL FOR THE WOODEN
STAKES.

DRIVE THE STAKE THROUGH THE PREPARED HOLE
INTO THE SOIL. LEAVE ONLY ONE OR TWO INCHES OF
STAKE EXPOSED ABOVE WATTLE.

INSTALL STAKES AT LEAST EVERY FOUR FEET APART
THROUGH WATTLE. ADDITIONAL STAKES MAY BE

DRIVEN ON THE DOWNSLOPE SIDE OF THE

TRENCHES ON HIGHLY EROSIVE OR VERY STEEP
SLOPES. DETAILS
C6.0 BEVAN SUBDIVISION IMPROVEMENT PLANS 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 REDWOOD HEADER 5
C-806
Agenda Item #4.7:

1 APN: 018-241-011

SUBDIVISION IMPROVEMENT AGREEMENT
Subdivision No. 160, Bevan Minor Project
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is made and entered into this November 2, 2022 (“Effective Date”), by and between George Bevan, Inc., (hereinafter collectively referred to as (“Subdivider”) of that certain subdivision to be known as Bevan Minor Project (“Subdivision,” “Project” or “Bevan Minor Project”), and the City of Sonoma, a general law city, hereinafter referred to as "City."

RECITALS
WHEREAS, on October 14, 2021 by Planning Commission Resolution No. 12-2021 and other actions taken to approve the Project, the City approved the Tentative Parcel Map (“Map”) for and other land use entitlements applicable to said Subdivision and/or the land encompassed within the Subdivision (collectively referred to as the “Approvals”). The land encompassed within the Subdivision (“Subject Property”) is described in Exhibit “A” attached hereto and made a part hereof; and
WHEREAS, the Subdivision is subject to the Subdivision Map Act (Gov. Code, § 66410 et seq.), the State’s planning and zoning laws, and the City’s ordinances and regulations related to the filing, approval, and recordation of subdivision maps (together, the “Subdivision Laws”) and the requirements and conditions contained in the Approvals; and WHEREAS, Subdivider, pursuant to the State of California Subdivision Map Act and all applicable ordinances of City, has presented to City Improvement Plans (defined below) dated May 22, 2022 outlining thereon the improvements to be constructed by Subdivider within and/or for the benefit of the above-mentioned Subdivision; and WHEREAS, Subdivider has also presented to City for approval a Parcel Map; and

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Sonoma
Atten: City Clerk
No. 1 The Plaza
Sonoma, CA 95476
Exempt from recording fees
(Gov. Code §§ 6103 and 27383)
(Space above this line for Recorder’s use)
Agenda Item #4.7:

2 WHEREAS, Subdivider has requested approval of said Parcel Map prior to construction and completion of the improvements described in the Improvement Plans; and WHEREAS, said Subdivision Laws require Subdivider to enter into an agreement with City whereby Subdivider agrees to have said work completed by the time specified in said agreement; and
WHEREAS, among other things, Subdivider’s execution of this Agreement is a condition precedent to City’s approval of the Parcel Map for the Project (Gov. Code, § 66462(a) & (c)); and
WHEREAS, Subdivider desires to enter into this Agreement, in order to facilitate the completion of all Bevan Minor Project on-site improvements and offsite improvements; and WHEREAS, Subdivider further desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider’s sole cost, expense, and risk, all of the Bevan Minor Project on-site and off-site improvements required in connection with the Bevan Minor Project including, but not limited to, grading work and site clearance, the Improvements (defined below), and all labor required to complete the Improvements to the satisfaction of City; and WHEREAS, Subdivider shall secure this Agreement by depositing security with City consisting of a cash deposit, bond, or letter of credit in form acceptable to City to secure installation of the Improvements and warranties of workmanship and landscape viability/maintenance in accordance with the terms provided herein (the “Securities”); and WHEREAS, on November 2, 2022 the City Council adopted a resolution approving the Parcel Map subject to the Subdivider entering into this Agreement and authorizing the City to enter into this Agreement with Subdivider.

AGREEMENT
NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows:

1. Prior to the expiration of 730 calendar days from November 2, 2022 Subdivider will furnish, construct, and install, at Subdivider’s own and sole expense, and to the City’s satisfaction, all improvements (“Improvements”) outlined and set forth on the Improvement Plans (defined below) and all other improvements required of the Subdivider to be constructed by said Subdivision Laws, the Approvals and/or the conditions of approval of said Subdivision, along with any changes or modifications to such Improvements as may be required by the City Engineer or the City Engineer’s designee due to errors, omissions, or changes in conditions. Upon completion of the Improvements, and as conditions precedent to the acceptance of same and the release of the Securities as provided hereinafter, the physical condition of the Subdivision shall be substantially identical with that depicted in the Improvement Plans (except as to any other improvements approved by the City in writing). No extension of time shall be made except upon the basis of a written application made by Subdivider to the City stating fully the grounds of the application and facts relied upon for such an extension, and City shall retain full discretion to grant, grant in part, or deny the extension.

Agenda Item #4.7:

3 Subdivider shall pay the city's costs of processing any extension in accordance with the City's cost recovery procedures, and any application for an extension may be conditioned upon an increase in the Securities and inspection fees to reflect current costs, as determined by the City Engineer. Whether any such extension is granted shall be left to the sole, unfettered discretion of the City. Neither such extension nor other delay by City shall constitute a waiver of any of the obligations of Subdivider or Subdivider's surety.

Any application for an extension of the said 730 calendar days time period specified herein shall be delivered to the City at least sixty (60) days before the said time period expires, otherwise, the right to apply for such an extension shall be waived.

2. Said Improvements shall include, but are not necessarily limited to, the following:
grading, retaining walls, street work (including curbs, gutters and sidewalks), West Napa Street improvements, storm drainage facilities, stormwater treatment facilities, sanitary sewer facilities, water facilities, joint trench utilities (communication lines, gas and electric), temporary and permanent storm water pollution prevention improvements, and landscape improvements, as shown on the project improvement plans titled:
 Improvement Plans – Subdivision No. 160 – Bevan Minor Subdivision Improvement Plans, prepared by Adobe Associates, Inc 1220 N. Dutton Ave, Santa Rosa, Ca 95401; 7 sheets and dated May 19, 2022.

All plans noted above, have been approved as one plan set by the City Engineer on [DATE]. These plans are collectively referred to as the “Improvement Plans,” “Plan” or “Plans”.

3. The total estimated cost of the Improvements, as determined by the City Engineer, is Eighty One Thousand Nine Hundred Ninety Eight Dollars and Ninety Five Cents ($81,998.95) (“Estimated Cost of Improvements”). Approval by the City Engineer of the Improvement Plans shall not relieve Subdivider from ensuring that all public improvements conform to all other requirements and standards set forth in this Agreement.

4. In accordance with the Subdivision Laws (Gov. Code, § 66499), the recordation of this Agreement creates a lien attached to the property underlying the Bevan Minor Project and has the priority of a judgment lien in the amount necessary to complete the Improvements.

5. Said Improvements shall be constructed in accordance with the Improvement Plans.

6. Said Improvements shall also be constructed in accordance with the Sonoma Municipal Code, the latest edition of the Standard Specifications for Public Works Construction (the “Green Book”), State of California Department of Transportation Standard Specifications (Caltrans) when specified, the City of Sonoma Standard Special Provisions and Standard Drawings, the City of Sonoma’s Standard Plans, the Sonoma Valley County Sanitary District Standard Specifications and Drawings, the California Building Code Appendix 33 J, Grading, Codes approved and adopted by the City of Sonoma, the Sonoma Valley County Sanitary District, and the City Standard Drawings as may be modified by applicable Regulatory Agency Permits (defined below) (collectively, Agenda Item #4.7:

4 along with the Plans, referred to as the “Improvement Standards”). The foregoing plans and specifications are incorporated herein by reference and made a part hereof, with the following exceptions, additions, and modifications: None.

7. Where there is a conflict between plans and specifications described in Sections 5 and 6 herein, the more stringent requirement shall govern.

8. A. Subdivider shall, at Subdivider’s expense, obtain and maintain during the life of this Agreement all necessary permits, approvals, waivers and/or licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.

B. Prior and as a condition to the issuance of any grading, building or other permit by City for said Improvements, and as a condition to the continued validity of any such permit and prior to the commencement of the Work as defined in Section 14, Subdivider shall have obtained and provide to the City evidence that it has obtained, all necessary approvals, licenses, permits, and/or waivers (“Regulatory Agency Permits”) required for said Improvements from the California Department of Fish and Wildlife, the U.S.

Army Corps of Engineers, the Regional Water Quality Control Board, the Sonoma County Flood Control & Water Conservation District, the Sonoma Valley County Sanitary District, the Sonoma Valley Fire Protection District, Pacific Gas and Electric, AT&T, Comcast and all other agencies with jurisdiction. Subdivider shall comply with said Regulatory Agency Permits and their terms and conditions. If at any time any of Subdivider’s Regulatory Agency Permits obtained from any other agency with jurisdiction lapses, expires, terminates, and/or is revoked and/or Subdivider is served with a notice of violation of any such Regulatory Agency Permits by any such agency, the City shall have the right to revoke any grading, building or other permit it issued to Subdivider and halt any and all Work (defined below) until the Regulatory Agency Permits are reinstated or re-issued and/or the notice of violation is rescinded or canceled, as the case may be.

9. Subdivider warrants and guarantees that except for any interests offered to and accepted by public agencies, it is the sole owner of the Subdivision and each and every lot, parcel, or part thereof.

10. Until final acceptance of the Improvements, Subdivider shall give good and adequate warning to the public of each and every dangerous condition existing in said Improvements, and will take reasonable actions to protect the public from such dangerous condition.

11. The City shall not accept any real property to be dedicated or the Improvements unless they are constructed in conformity with the Improvement Plans and specifications, approved modifications, if any, the approved Final Map, and City Improvement Standards and Specifications, to the satisfaction of the City Engineer. Until such time as the Improvements are accepted by the City, Subdivider shall retain title and shall be responsible for, and bear the risk of loss to, any of the Improvements constructed or installed.

Agenda Item #4.7:

5 12. Title to and ownership of any real property to be dedicated and the Improvements constructed under this Agreement by Subdivider shall vest absolutely in the City upon completion and acceptance in writing of such Improvements by City.

13. Subdivider hereby warrants that the Plans referred to herein are in accordance and conformity with the Map approval, the Approvals and all other plans for the Approvals previously approved by the City, together with all conditions made a part of said Approvals. Subdivider further warrants that said plans and specifications are adequate to accomplish the Improvement work (the “Work”) covered by this Agreement in good, workmanlike manner and in accordance with accepted construction practices. Subdivider warrants and shall be solely responsible for ensuring that the design and construction of the Improvements and the Work will not adversely affect any portion of adjacent or other properties and that all Work will be performed in a proper manner and in accordance with all City-issued permits and Regulatory Agency Permits and applicable laws and regulations. Subdivider may modify said Plans and specifications as the development progresses should unforeseen conditions occur only upon the prior written approval from the City Engineer. Should said Plans and specifications, the Improvements and/or the Work at any time prior to the City’s final acceptance of the Improvements referred to herein prove, in the opinion of City, to be inadequate in any respect, then Subdivider shall make such changes in the Plans and specifications, Improvements and/or Work as are necessary to satisfy City's requirements, all at no expense to City.

14. The City Engineer, or his/her authorized representative shall inspect all of the Improvements to be accepted for maintenance by the City (hereinafter referred to as "Public Improvements"). The Sonoma Valley County Sanitary District will inspect public and private wastewater collection system improvements. Utility improvements shall be inspected by the utility companies. All Improvements shall be inspected for compliance with this Agreement and City Improvement Standards, plans, conditions of approvals, specifications, Approvals and Subdivision regulations.

The Improvements shall be deemed accepted only as authorized by the City Council or the City Engineer in accordance with the Subdivision Laws, and City’s inspection of all Improvements. Such acceptance shall not constitute a waiver by City of any defects or deficiencies in the Improvements.

Upon the total or partial acceptance of the Public Improvements by City and acceptance of the sanitation improvements by the Sonoma Valley County Sanitary District, Subdivider shall file with the Recorder’s Office of the County of Sonoma a notice of completion for the accepted Improvements in accordance with California Civil Code section 8182, at which time the accepted Improvements shall become the sole and exclusive property of City without payment therefor. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Subdivider provides, among other things, one (1) set of “as-built” or record drawings or plans on minimum 4- mil mylar to the City Engineer for all such Improvements. The drawings shall be certified by the professional engineer or architect of record and shall reflect the condition of the Improvements as constructed, with all changes incorporated therein.

Agenda Item #4.7:

6 15. A. Subdivider shall allow City’s duly authorized representatives access to the Work at all times and shall furnish them with every reasonable facility for ascertaining that the methods, materials, and workmanship comply with the requirements and intent of the Improvement Plans and this Agreement. The Subdivider shall give at least ten (10) days’ advance notice of the date upon which the Work is to commence and the date upon which the Work is to be completed. City may reject defective Work and require its repair, replacement, or removal by Subdivider, all at no expense to City. City will use its best efforts to provide timely notice of any defect about which it has actual knowledge, but City’s failure to provide such notice shall not constitute a waiver or affect any of City’s rights or remedies, or provide a defense to Subdivider.

B. Upon final completion and acceptance of all said Work in accordance with this Agreement, the City Engineer, in accordance with City regulations, shall notify Subdivider in writing of his/her acknowledgment of acceptance of same. Except as otherwise provided herein, for a period of one year from and after the date of said acceptance of said Work, Subdivider shall, in accordance with the Subdivision Maintenance Warranty attached hereto as Exhibit D, guarantee and warranty all the Improvements constructed under the provisions of this Agreement against defective work or labor done or defective materials furnished and shall repair any defects or failures which may appear in the Improvements during said one year period, and further correct the causes of said defects or failures. Prior to the acceptance of said Work, Subdivider shall deposit with City cash or satisfactory improvement security in the form attached hereto as Exhibit F and as provided by the Subdivision Laws and all applicable ordinances of the City in the amount of 10% of the amount of the performance security specified in Section 21 to secure performance of said guarantee and warranty. If the Subdivider fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before the Subdivider can be notified, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City. Neither the written acknowledgment of acceptance hereinabove referred to nor any periodic or progress inspection or approval shall waive any defect in the Improvements or any breach of this Agreement. Acceptance of any part of any stage of said improvement Work shall not be final until the written notice of final acceptance of all the Improvements shall have been delivered to Subdivider as required herein.

C. City shall not be required to exonerate any surety, release any security relating to satisfactory completion of the Improvements, sign off as complete any building permit, or issue occupancy permits until acceptance of Public Improvements by the City or, in the case of Improvements which will not be dedicated to and accepted by the City, until the Improvements have passed final inspection by the City, all in accordance with the Subdivision Laws. In addition, release of security, exoneration of sureties and issuance of occupancy permits will be predicated upon the receipt of required maintenance and/or warranty agreements and security therefor, in forms acceptable to the City.

D. No Improvements shall be accepted by the City unless and until they are free of all liens and encumbrances, and free of all material defects and conditions which may Agenda Item #4.7:

7 create a hazard to the public health, safety, or welfare. In addition, all properties, rightsof-way, easements, and other interests to be dedicated to the City shall be, before acceptance thereof by the City, free and clear of all liens and encumbrances of any kind or character whatsoever and free of any and all material defects and conditions creating a hazard to public health or public safety. Prior to acceptance, Subdivider shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City.

E. City shall not be responsible or liable for the maintenance or care of the Improvements until City approves and accepts them. City shall exercise no control over the Improvements until accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Subdivider at all times prior to City’s acceptance of the Improvements. Subdivider shall maintain all the Improvements in a state of good repair until they are completed by Subdivider and approved and accepted by City, and until the Securities for the performance of this Agreement is released. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance.

16. A. Subdivider shall replace or repair, or have replaced or repaired, as the case may be, all Public Improvements, public utility facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any Work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public property or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Furthermore, until such time as the Improvements are accepted by City, Subdivider shall be responsible for, and bear the risk of loss to, any and all of the Improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider shall be solely responsible for the care, maintenance of, and any damage to such Improvements, and City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss, or damage, regardless of cause, happening or occurring to the Work or Improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. The Subdivider shall defend and indemnify the City for said accidents, losses and/or damages pursuant to Sections 34 and 38 below. As to any accident, loss or damage occurring or happening after all the Improvements are fully completed and accepted by the City, Subdivider shall indemnify and defend the City pursuant to Sections 34 and 38 below.

Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Subdivider’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Subdivider fails to properly Agenda Item #4.7:

8 prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Subdivider and its surety under this Agreement.

B. Subdivider shall provide adequate and competent supervision of all contractors and subcontractors. Subdivider shall require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing any Work related to the Improvements.

Subdivider shall maintain an office with a telephone and Subdivider, or a person authorized to make decisions and act for Subdivider in Subdivider’s absence shall be available at the site of any Improvements within three (3) hours of being called at such office by City at any time when construction Work is being performed on the Improvements.

C. Subdivider shall assume all costs for utility and cable television undergrounding or relocation which is not the responsibility of the cable television, gas, electric, telephone or other utility company under the terms of any franchises with City or otherwise imposed upon the utility companies by law.

17. All inspection services rendered in connection with the Work covered by this Agreement shall be paid for by Subdivider pursuant to the City’s fee schedule as of the date the services are rendered.

Subdivider shall pay the following types of fees at the times specified below in the amounts and at rates in effect at the time of payment (unless otherwise required by law or City ordinance):

A. Park-in-lieu fees (Quimby Act fees): Park-in-lieu fees for this development have been calculated as $61,487.80. 50% of these fees or $30,743.90 shall be paid prior to Parcel Map approval, and the remainder shall be paid prior to issuance of building permits.

B. Sewer Connection Fees: As required by Permit Sonoma and Sonoma Valley County Sanitation District, paid prior to issuance of sewer permit.

C. Water Connection Fees: The sum of the front foot charge, meter charge and capacity charge per the City’s Water Rate and Fee Schedule, paid prior to installation of water meter.

D. School Impact Fees: Paid to Sonoma Valley Unified School District prior to issuance of Building Permit.

Subject to the above fee provisions, Subdivider shall pay fees required by the City’s Municipal Code, the conditions of Approval and/or state law at the time specified in the City’s Municipal Code, the conditions of Approval and/or state Subdivision Laws Agenda Item #4.7:

9 (whichever is earlier) and at the rates in effect at the time of payment (unless otherwise required by law or City ordinance).

18. If Subdivider refuses or fails to cause prosecution of the Work, or any severable part thereof, with such diligence as will ensure its completion within the time specified by this Agreement, or any extensions thereof, or fails to cause completion of said Work within such time; or if the Subdivider fails to timely cure any defects in the Improvements; or if the Subdivider should be adjudged bankrupt; or if Subdivider should make a general assignment for the benefit of Subdivider's creditors; or if a receiver should be appointed in the event of Subdivider's insolvency; or if Subdivider or any of Subdivider's contractors, subcontractors, agents, or employees should violate or fail to perform any of the provisions of this Agreement; then such acts, omissions and/or events shall constitute a material breach of and default under this Agreement, and City reserves to itself all remedies available to it at law or in equity for such breach, including but not limited to serving written notice on Subdivider and Subdivider's surety of breach of this Agreement, or of any portion thereof, and of the default of Subdivider.

19. In the event of any such notice of breach of this Agreement and the default of Subdivider, any surety providing Performance Security described in Section 21, below, shall be liable to City for the cost of construction and installation of the Improvements and Work and for costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred in enforcing this Agreement. In such event, and at the City’s option, Subdivider’s surety shall have the duty to take over, commence (if applicable) and complete the Work and Improvements or otherwise perform as is herein specified; provided, however, that if the surety, within the time period specified in the City’s notice of breach, does not give City written notice of its intention to take over the performance of this Agreement, and does not commence performance thereof within five (5) days after notice to City of such election, City may elect to take over the Work and prosecute the same to completion, by contract with a new contractor or by any other method City may deem advisable, for the account and at the expense of Subdivider and Subdivider’s surety. In such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Subdivider as may be onsite of the Work and necessary therefor, and by execution of this Agreement, Subdivider grants City permission to enter onto the Subdivision in such event as may be necessary or convenient to construct such Improvements. Should City proceed to have the work called for by this Agreement completed by entering into a contract with a new Contractor, City shall execute said contract for and on behalf of and as the agent of Subdivider. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate the City’s damages in the event of default of Subdivider. The right of the City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the Improvements and, therefore, City’s damages for Subdivider’s default shall, in part, be measured by the cost of completing the required Improvements. The sums provided by the Improvement security may be used by City for the completion of the public improvements in accordance with the Improvement Plans and specifications contained herein. Subdivider and Subdivider's Agenda Item #4.7:

10 surety, and any person, partnership, entity, corporation, or association claiming any interest in the Subdivision and each of them, shall be liable to City for any costs, claims, damages, liability or expenses of whatever nature or kind, direct or indirect, including interest at the maximum rate allowed by law from the date of notification of such cost and expense until paid, and reasonable attorneys’ fees, which are directly or indirectly incurred by reason of the enforcement of this Agreement. Such amounts and interest accrued thereon shall constitute a lien on the Subdivision. Subdivider acknowledges and agrees that if the Improvements are not completed to the satisfaction of the City within the time specified by this Agreement, or any extension thereof, Subdivider fails to comply with any requirement imposed as a condition of the Approvals, or Subdivider fails to comply with any condition imposed under a third party permit, City, in addition to any other remedy it may have at law or in equity or as otherwise provided in this Agreement, may withhold occupancy certificates, utility connections, and/or building permits, until the Improvements have been completed in accordance with this Agreement, and as to any such permit, Subdivider waives any and all rights Subdivider may have under the California Permit Streamlining Act. Failure of Subdivider to comply with the terms of this Agreement shall constitute consent to the filing by the City of a notice of violation against all the lots in the Subdivision, or to rescind the Approvals or otherwise revert the Subdivision to acreage. The remedies provided by this section are in addition to, and not in lieu of, other remedies available to the City. Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be at the discretion of City. In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, attorneys, other professionals, and court costs. The failure of City to take enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Subdivider. In the event that Subdivider commences work on none of the Improvements required to be constructed under this Agreement within the time period set forth in Section 1 hereof, such failure shall constitute a breach of this Agreement and permit the City to recover from Subdivider’s surety and/or utilize the performance security to pay for the costs of commencing and completing the Improvements and reasonable expenses and fees, including reasonable attorney’s fees incurred in enforcing this Agreement.

20. A. In the event of default by Subdivider, then irrespective of whether any Work has been undertaken pursuant to this Agreement, City may, without further notice to Subdivider or to its sureties, elect to initiate proceedings to revert the Subdivision to acreage.

B. In such event: (1) Subdivider shall conclusively be deemed to have consented to a reversion of the Subdivision to acreage and to a rescission of the Tentative Parcel Map and Parcel Map with respect thereto; (2) Subdivider shall execute and deliver such other and further instruments relating to such reversion and rescission as City shall reasonably request; and should Subdivider refuse to execute and deliver same, Subdivider hereby appoints the City as Subdivider’s attorney in fact to execute and deliver said instruments in Subdivider’s name and stead which said instruments shall be binding upon Subdivider; (3) Subdivider shall be entirely responsible for the costs incurred in reverting the Subdivision to acreage and consents to the City utilizing any cash bond described below Agenda Item #4.7:

11 for that purpose; (4) Subdivider agrees and acknowledges that reverting the Subdivision to acreage pursuant hereto shall be deemed to be in full compliance with all applicable provisions of the law, including but not limited to Cal. Gov’t Code section 66499.11 et seq., that all conditions precedent to reverting the Subdivision to acreage have been completely satisfied, and that all findings required to be made under Cal. Gov’t Code section 66499.16 shall be deemed made and satisfied; and (5) after utilizing those portions of the monies deposited with the City by the Subdivider and/or those portions of the improvement security necessary to complete the Improvements and/or to otherwise place the Subdivision in a condition which will be the least detrimental to the City and neighboring properties, City shall release all improvement security and shall return to Subdivider the balance of any moneys held as security for the completion of the Improvements or any other Work which is the subject of this Agreement; provided, however, that the City shall not release said improvement security or refund any moneys held as security to the extent that (i) any demands against said securities are pending or likely to be made, (ii) Subdivider owes the City money for any reason, and/or (iii) Subdivider has not otherwise fully discharged its obligations under this Agreement which must be discharged notwithstanding the reversion to acreage, in which case the City shall be entitled to make demand against and pursue Subdivider’s surety for and/or pay to itself from the deposits held by the City for said contingencies. Notwithstanding anything to the contrary stated herein, Subdivider consents to the reversion of the Subdivision to one parcel under the terms and conditions hereof.

21. Subdivider shall, upon execution of this Agreement, deposit cash in the sum of $81,998.95 or satisfactory improvement security as provided by the State of California Subdivision Map Act and all applicable ordinances of City, in said amount to secure faithful performance of the construction of the public improvements covered by with this Agreement and every part thereof by Subdivider, which, if a bond, shall be in the form attached hereto as Exhibit B (“Performance Security”). Any additions, alterations, or modifications of this Agreement or to the plans and specifications referred to herein, including any extension of time within which the Work hereunder may be completed, shall not release, or exonerate any surety or sureties on the public improvement security given in connection with this Agreement.

22. Subdivider shall, upon execution of this Agreement, deposit with City cash in the sum of $81,998.95 or a satisfactory improvement security as provided by the State of California Subdivision Map Act and all applicable ordinances of City, in said amount to guarantee payment to contractors, subcontractors and persons renting equipment or furnishing labor or materials for the public improvements covered by this Agreement and every part thereof by Subdivider, which, if a bond, shall be in the form attached hereto as Exhibit C (“Payment Security”). Any additions, alterations, or modifications to this Agreement or to the plans and specifications referred to herein, including any extension of time within which the Work hereunder may be completed, shall not release, or exonerate any surety or sureties on the public improvement security given in connection with this Agreement.

23. A. Any bonds submitted as the Securities shall be executed by a surety company authorized to conduct a surety business in California and shall be in a form as specified herein and approved by the City Attorney.

Agenda Item #4.7:

12 B. All Securities deposited as bonds under this Agreement shall be irrevocable, shall not be limited as to time (except as to the guarantee and warranty period), and shall provide that they may be released, in whole or part, only upon the written approval of the City Engineer, as provided under the Subdivision Laws and Section 23(D) below. All Securities shall expressly obligate the surety for any extension of time authorized by City for Subdivider’s completion of the Improvements, whether or not the surety is given notice of such an extension by City. No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as required by the Subdivision Laws.

C. If Subdivider seeks to replace any of the Securities, such replacement shall: (1) comply with all requirements of this Agreement and must be reasonably satisfactory to and be approved by the City Attorney as to form; (2) be provided by Subdivider to the City Engineer; and (3) upon written acceptance by the City Engineer, be deemed to be a part of this Agreement. Upon the City Engineer’s acceptance of a replacement, the earlier provided Securities may be released by City.

D. The Securities required by this Agreement shall be released in accordance with the Subdivision Laws and the following provisions:
i. City shall release the Performance Security upon issuance of a Certificate of Completion by the City Engineer for all of the Improvements, or as may otherwise be authorized in accordance with the Subdivision Map Act (Gov. Code § 66499.7). ii. City shall release the Payment Security in accordance with the Subdivision Laws. The Payment Security may, six (6) months after the Certificate of Completion is issued by the City Engineer, be reduced to an amount equal to the amount of all claims filed and related to the Improvements of which notice has been given to City. The balance of the Payment Security shall be released upon the settlement of all claims and obligations for which the Payment Security was given.
iii. The Securities provided for guarantee and warranty of workmanship shall be released after one (1) year following the completion and acceptance of the Improvements, and inspection thereof by the City’s Construction Inspector, and approved by the City Engineer. If, however, the City Engineer determines there are defects in the Improvements that require correction pursuant to Section 15(B) above, and such defects are not corrected within a reasonable time, the City Engineer shall utilize the Securities to make all necessary corrections, including payment of reasonable expenses and fees and attorney’s fees in connection with enforcement of any provision of this Agreement.

E. Evidence of the Securities required by this Agreement shall be kept on file with the City Clerk. If the City Council gives specific, written approval to replace the Securities by another approved security, such replacement Securities shall be filed with the City Clerk and, upon filing, shall be deemed to be incorporated into this Agreement.

Upon filing of replacement Securities with the City Clerk, the replaced Securities may be released.

24. Subdivider shall, upon execution of this Agreement, deposit with the City cash in the sum of $8,200, to pay for any necessary legal and administrative costs incurred by City to Agenda Item #4.7:

13 enforce the provisions of this Agreement. Should the Subdivider not comply with the provisions of this Agreement, the City may commence legal and administrative efforts to seek compliance, with the costs of said efforts to be paid, in whole or in part, from this deposit. In the event that the City is required to utilize said deposit for said purposes, upon 21 days’ notice, Subdivider shall replenish the deposit so that it remains in the amount of $8,200 until the time that the City is required to refund the deposit to Subdivider. Upon final acceptance of the Improvements, the cash deposit, or remaining portion thereof, will be returned to Subdivider. Notwithstanding the foregoing provisions of this Section, in any action or proceeding governed by Section 34 and/or 38, below, the City shall not be limited to recovering the amount of said deposit as and for the City’s attorneys’ fees, and the provisions of Sections 34 and/or 38 herein shall remain in full force and effect and apply to said action or proceeding.

25. A. The securities described in Section 21 through 22 shall be of the type specified in Government Code Section 66499.(a)(1), (2), or (3), and must be satisfactory to and be approved by the City Attorney as to form. The surety for each such security (herein "Surety") shall (i) be currently admitted to transact surety insurance by the California Department of Insurance, (ii) have a Best’s Insurance Guide rating (herein a "Rating") of no less than A-, when each such security is issued, and (iii) be approved by the City, with such approval not to be unreasonably withheld. Prior and as a condition precedent to the recordation of the Parcel Map, or any change in Surety hereunder, Subdivider shall deliver to the City the certificate of the County Clerk attesting to the admittance status of the Surety. The City shall be the sole indemnitee named on any instrument required by this Agreement.

B. In the event a Surety's Rating is reduced below "B" (a “Rating Event”) Subdivider shall have ten (10) business days from the date such rating actually drops below “B” to present the City with bonds issued by one or more Sureties other than the one being replaced, which shall meet the criteria specified above (the "Replacement Surety"), regardless of the date Subdivider or City actually becomes aware of the Rating Event. In the event the Subdivider does not deliver to the City the security of a Replacement Surety within the ten (10) business day period provided hereunder, Subdivider's work under this Agreement shall immediately cease and shall not recommence until Subdivider has delivered security issued by such Replacement Surety to the City.

C. In the event that the Subdivider does not maintain, in full force and effect, the securities specified in Sections 21 through 22 until the later of final acceptance of the Improvements or the time at which the City is required to release said securities, and/or in the event that the Subdivider does not maintain and/or replenish the deposit specified in Sections 24 up until the time that the City is required to return any unused portion of said deposit, (a) Subdivider’s work under this Agreement shall immediately cease and shall not re-commence until Subdivider has delivered to the City the requisite security and/or deposit, and (b) the City shall have the right to withhold certificates, permits and entitlements as provided in Section 19.

D. Certificates of deposit shall not be deemed to be satisfactory security unless such certificates provide that the City is the owner of record of such funds. In addition to the Agenda Item #4.7:

14 full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney’s and expert’s fees incurred in enforcing the obligation secured.

26. Installation of the landscaping and irrigation system and all other related improvements shall be inspected by a registered landscape architect and certified in writing to City's Planning and Community Services Director as being in compliance with approved plans and specifications and accepted practice prior to release of the applicable bond.

27. Without limiting Subdivider's indemnification provided hereinbelow, Subdivider shall take out and maintain at all times during the term of this Agreement the following policies of insurance with insurers with a Best rating of no less than A:XI:

A. Workers' Compensation Insurance to cover its employees, and the Subdivider shall require all contractors and subcontractors similarly to provide Workers' Compensation Insurance as required by the Labor Code of the State of California for all of the subcontractors' employees. Each Workers' Compensation policy shall be endorsed with the provision that it will not be canceled or altered without first giving thirty (30) days prior notice to the City.

In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Subdivider shall provide, and shall cause its contractors and subcontractors to provide adequate and suitable insurance for the protection of its employees not otherwise protected. Such policy shall provide that it will not be canceled or altered without first giving thirty (30) days prior notice to the City.

Said Worker's Compensation policy shall have the following endorsement:
"All rights of subrogation are hereby waived against the City, its officers and employees when acting within the scope of their appointment or employment".

B. Commercial General Liability Insurance including personal injury and property damage insurance for all activities of the Subdivider and its contractors and subcontractors arising out of or in connection with this contract, written on a commercial general liability form and on an occurrence basis including, but not limited to, Broad Form Property Damage, blanket contractual, products liability and completed operations, X,C,U hazards, vehicle coverage and non- owned auto liability coverage in an amount no less than $2 million dollars personal injury and property damage for each occurrence with an annual aggregate amount of $4 million.

Each such policy shall be endorsed with the following specific language:
(1) The City is named as additional insured for all liability arising out of the work performed by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly, or indirectly, in the performance of the contract.

Agenda Item #4.7:

15 (2) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by the City shall be called upon to contribute to a loss.
(4) The coverage provided by this policy shall not be canceled without thirty (30) days prior written notice given to the City.

C. Prior and as a condition precedent to the recordation of the Parcel Map, Subdivider shall submit to City documentation evidencing Subdivider’s required insurance including Certificates of Insurance and properly executed endorsements in a form at least as broad as ISO CG 20 10 10 01, ISO CG 20 37 10 01, ISO 20 01 04 13, and ISO CG 24 04 for the additional coverages required hereunder. Any deductible or self-insured retentions must be declared to and approved in writing by City. At the option of City, insurer shall reduce or eliminate such deductible or self-insured retention as respects City, its officers and employees or Subdivider shall procure a bond guaranteeing payment of losses and related investigation, claims, administration, and defense expenses.

D. Subdivider shall maintain Environmental Liability Insurance applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured’s performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured and separately to the additional insured against which claim is made or suit is brought.

Coverage shall be maintained in an amount of at least Two Million Dollars ($2,000,000) per loss.

Subdivider warrants that any retroactive date applicable to Environmental Liability Insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage will be maintained for a period of five (5) years beginning from the time the Work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed.

E. Subdivider shall not allow any contractor or subcontractor to commence work until similar insurance first shall have been so obtained by such contractor or subcontractor and approved by the City. Certificates shall be signed by a person authorized by the insurer, or insurers, to bind coverage on their behalf.

F. Subdivider shall ensure that the commercial general liability insurance includes or endorsed to include the following: Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies including breaches of Agenda Item #4.7:

16 representations shall not affect coverage provided to the City, its officers, employees, agents, boards, commissions, and volunteers.

28. All notices herein required shall be in writing, and delivered in person or sent by overnight or registered mail, postage paid. Notice required to be given to City shall be addressed as follows:

City of Sonoma
No. 1 The Plaza
Sonoma, CA 95476
Attn: City Manager
With copy to: Jeffrey A. Walter
City Attorney
Colantuono, Highsmith & Whatley, PC
670 W. Napa St., Suite F
Sonoma, CA 95476
Email: [email protected]
All notices required to be given to Subdivider shall be addressed as hereinbelow indicated:

George Bevan, Inc.

Attn: George Bevan
P.O. Box 605
Sonoma, CA 95476

All notices required to be given to surety or guarantor of Subdivider shall be addressed as indicated on the instrument of improvement security incorporated herein by reference.

Any party hereto or the surety may change such address by notice in writing to the other parties and thereafter notice shall be addressed and transmitted to the new address.

29. Time is of the essence of this Agreement and every provision thereof; provided, that subject to Section 1, in the event good cause is shown therefor, City may extend the time for completion of the Improvements by Subdivider. Any such extension may be granted without notice to the Subdivider's surety, and extensions granted shall not relieve the surety's liability on the bond to secure the faithful performance of this Agreement. The City shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension.

30. This Agreement may be amended or modified only by written agreement signed by both parties. Failure on the part of either party to enforce any provisions of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and shall not act to release any surety from its obligations under this Agreement.

Agenda Item #4.7:

17 31. This Agreement shall not be assigned by Subdivider without the written consent of City.

The consent of City to any assignment shall not be unreasonably withheld, provided the proposed assignee (“Successor”) can demonstrate its ability to perform and complete the obligations of Subdivider under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance. The City shall have the right to compel the Successor to disclose all documents, information, and other material which, in the City’s reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified hereinabove. Subject to subsection (5) below, no assignment permitted hereunder shall be complete until substitute security is provided by the Successor to fulfill its obligations under Sections 21 through 22 hereof. Provided that by no later than six (6) months prior to the expiration of the period specified in Section 1, above, Subdivider provides the City at least forty-five (45) days advance written notice of Subdivider’s intent to assign this Agreement and delivers that notice as well as all documents, information and other material requested by the City and sufficient to enable the City to exercise the discretion vested in it pursuant to this Section 31, no later than thirty (30) calendar days after the City receives the materials submitted by the Subdivider, the City shall deliver to the Subdivider a written determination whether the submitted materials are complete. If the City’s written determination is not delivered within said thirty (30) day period, the submission shall be deemed complete. If within said thirty (30) day period, the City delivers a notice to the Subdivider that the submitted materials are incomplete, the Subdivider shall have thirty (30) calendar days to submit the necessary, additional information and after timely submittal thereof, the City shall have thirty (30) calendar days within which to, again, deliver notice to the Subdivider whether the submitted materials are complete. If the Subdivider does not submit additional materials within thirty (30) calendar days after receiving the City’s determination of incompleteness, it shall be conclusively deemed that the Subdivider has withdrawn its request for consent to the assignment in question. Not later than forty-five (45) days after the Subdivider’s submittal is determined or deemed complete, the City shall accept or reject the proposed assignment. The existence of any legitimate dispute between City and Subdivider over the acceptance by City of any proposed Successor may, in City’s unfettered discretion, result in an extension of the time for performance of Subdivider’s obligations hereunder, as set forth in Section 1, equal to the amount of time required for resolution of such dispute. If the City consents to an assignment to any third-party subdivider or developer , this Agreement shall be deemed to have been amended to provide: (1) that Successor shall be acknowledged by City to be the Subdivider hereunder; (2) that Successor shall assume all obligations of Subdivider hereunder; (3) that all Work and Improvements to which this Agreement relates shall be completed by Successor as required hereunder; (4) that the security for performance of Subdivider’s obligations hereunder, as provided in Sections 21 through 22 hereof, shall, at the election of Subdivider, consist of such security as the Successor shall post, subject to the City’s approval and as long as said substitute security complies with Sections 21 through 22; (5) that all cash security deposited with the City shall be retained by the City pursuant to the terms hereof and any balance owing to the Subdivider shall be paid to the Successor; (6) Subdivider shall remain jointly and severally responsible with the Successor for all of the Subdivider’s obligations hereunder; and (7) the Successor shall provide evidence that it has obtained the requisite insurance.

Agenda Item #4.7:

18 32. In the event either party hereto shall commence any legal action or proceeding against the other party arising out of or in connection with this Agreement, the party prevailing in said action or proceeding shall be entitled to recover, in addition to its cost of suit, reasonable attorneys' fees to be fixed by the court, and such recovery shall include costs of suit and attorneys' fees on appeal, if any. This provision shall be in addition to any provisions regarding attorney’s fees set forth in the bonds securing this Agreement.

33. Prior to the acceptance of any dedications or improvements by City, Subdivider shall provide City with a written warranty, in the form attached and incorporated hereto as Exhibit E (“Environmental Warranty”), to certify and warrant that: (1) neither the property to be dedicated nor Subdivider are in violation of any environmental law and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with environmental law. Neither Subdivider nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws; (2) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; and (3) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. Subdivider shall give prompt written notice to City at the address set forth herein of:

A. Any proceeding or investigation by any federal, state, or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

B. Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and C. Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

For purposes of this Agreement, the terms below have the following meanings:
i. “Environmental Laws” shall mean any federal, state, or local law, rule, regulation administrative or court order, ordinance, regulatory guidance document, standard, or requirements of any government authority regulating, relating to, or imposing liability standards of conduct concerning Hazardous Substances, or that pertains to the protection of human health or the environment, including, but not limited to, the Comprehensive Environmental Response, Conservation and Liability Act of 1980 (42 U.S.C. § 9601 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.); the Clean Water Act (33 U.S.C. § 1251 et seq.); the Toxic Agenda Item #4.7:

19 Substances Control Act (15 U.S.C. § 2601 et seq.); the Hazardous Materials Transportation Act (29049 U.S.C. § 1801 et seq.); the Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 136 et seq.); the Superfund Amendments and Reauthorization Act (42 U.S.C. § 6901 et seq.); the Clean Air Act (42 U.S.C. § 7401 et seq.); the Safe Drinking Water Act (42 U.S.C. § 300f et seq.); the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.); the Surface Mining Control and Reclamation Act (30 U.S.C. § 1201 et seq.); the Occupational Safety and Health Act (29 U.S.C. §§ 655, 657); the California Underground Storage of Hazardous Substances Act (Health and Safety Code, § 25280 et seq.); the California Hazardous Waste Control Act (Health and Safety Code, § 25100 et seq.); the California Safe Drinking Water and Toxic Enforcement Act (Health and Safety Code, § 24249.5 et seq.); and the Porter-Cologne Water Quality Control Act (Water Code, § 13000 et seq.); together with any amendments of or regulations promulgated under the statutes cited above. ii. “Hazardous Substances” or “Hazardous Substance” shall include any hazardous, toxic or dangerous waste, substance or material, pollutant or contaminant, as so defined under any Environmental Laws or any substance which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous, or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons, polychlorinated biphenyls (PCBs), radon gas, urea formaldehyde, asbestos, lead, or electromagnetic waves. Hazardous Substances include any hazardous or toxic substance, material or waste which is regulated by the State of California, the United States government, or any other governmental authority with jurisdiction over the Property. Hazardous Materials include asbestos and any other hazardous waste or substance which has, as of the date hereof, been determined to be hazardous or a pollutant by the U.S. Environmental Protection Agency, the U.S. Department of Transportation, or any instrumentality authorized to regulate substances in the environment which has jurisdiction over the Property which substance causes the Property (or any part thereof) to be in material violation of Environmental Laws.

34. City shall not be responsible for any of the Work, any Improvement or for performance or nonperformance of any Work of construction of any Improvement. To the fullest extent permitted by law, Subdivider, and each of its members, hereby agrees to, and shall defend, indemnify and hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from and against any and all allegations, claims, damages, disabilities, or expenses, including attorneys’ fees, experts’ fees, and witness costs that may be asserted or incurred, as the case may be, by any person or entity, including liability for damages or claims for damage for personal injury, or death, as well as from claims for real or personal property damage arising out of or in connection with (i) the activities of Subdivider in performing any Work on any Improvement addressed in this Agreement, (ii) Subdivider’s performance or non-performance under this Agreement, (iii) Subdivider’s breaches of this Agreement, (iv) the City’s approval of this Agreement (except for any claims Subdivider may have against the City for City’s breach of this Agreement), (v) the City’s compliance or non-compliance with the California Environmental Quality Act or any other law applicable to the approval, processing and implementation of the Subdivision, the Approvals, this Agreement, the Improvements and/or Work, (vi) any soils subsidence, landslides or soil movement arising out of Subdivider’s activities hereunder; (vii) Subdivider’s handling, releasing, disposing, Agenda Item #4.7:

20 transporting or arranging for the handling, releasing, disposing or transporting of any hazardous wastes, substances or materials as those terms may be defined by any law, ordinance and/or regulation of any regulatory agency with jurisdiction; and/or (viii) Subdivider’s violation of any law, ordinance or regulation, whether or not there is concurrent, passive negligence on the part of the City, its elective and appointive boards, commissions, officers, agents, and employees, and regardless of the City’s approval of the Plans or City’s inspection, approval or acceptance of the Improvements and notwithstanding any limitation on the amount or type of damages or compensation payable by or for Subdivider under Workers’ Compensation, Disability, or other employee benefit acts, the acceptance of insurance certificates required under this Agreement, or the terms, applicability, or limitations of any insurance held by Subdivider. This indemnification clause also shall apply to any case where the Work performed is done under a contract entered into by the City as agent of Subdivider and such Work is the proximate cause of any claim against City, and to any cause of action against the City arising from the negligent provision of designs for, or the negligent construction, performance, testing, planning, observation, or supervision of, any Work required by this Agreement. Subdivider indemnifies the City for any liability, cost, expense, including attorney’s fees, incurred by the City in enforcing this Section 34. This Section 34 shall survive termination of this Agreement for any reason. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for damage covered by this Section.

After acceptance of the Improvements, the Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by a latent design or construction defect. Provisions of this Section 34 shall remain in full force and effect for ten (10) years following acceptance by City of the Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or Work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing, or inspecting any Work. The Securities shall not be required to cover the provisions of this section.

35. City shall not be liable for approving, reviewing, checking, or correcting any Plans or specifications or for approving, reviewing, or inspecting any Work. Nothing contained in this section is intended to, or shall be deemed to, limit or waive any protections or immunities afforded by law to City or City’s Agents (defined below) for the approval of the Plan or design of the Improvements, including but not limited to the protections and immunities afforded by Government Code section 830.6.

36. Subdivider shall have sole responsibility for making all arrangements and assuming all expenses that may be required to provide the Subdivision with utilities. All utilities, including cable television facilities, shall be installed underground. All utilities to be located in streets shall be installed and approved prior to installing street improvements.

Subdivider shall be solely responsible and assume all liability for any delays, or damages arising therefrom, caused by utility companies in relocating, installing, establishing, and/or constructing utility lines, cables, trenches, and/or facilities of any type. Subdivider Agenda Item #4.7:

21 shall release, defend, indemnify, and hold City harmless from any such liability, irrespective of City’s passive negligence.

37. All utilities to be located in streets shall be installed and approved prior to installing street improvements.

38. The Subdivider shall indemnify the City in accordance with the terms and conditions of Government Code § 66474.9(b). This Section shall survive the termination of this Agreement for any reason.

39. This Agreement shall be binding upon and inure to the benefit of the parties’ successors, heirs, and assigns, and by the recordation hereof (or the recordation of a memorandum hereof subject to the City’s approval) (which said recordation shall be effected by the City), it is the intention of the parties to give notice to and bind their successors, heirs and assigns hereto. The parties intend that this Agreement and its terms and conditions shall run with the land and shall be deemed a covenant running with the land and an equitable servitude. This Section 39 shall survive termination of this Agreement for any reason.

40. Intentionally left blank.

41. Jurisdiction and venue of all disputes over this Agreement and/or its terms shall be in the County of Sonoma, State of California. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California.

42. The Recitals are incorporated by reference.

43. Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement. City’s elected and appointed councils, commissions, officers, agents, employees, and representatives (“City’s Agents”) shall not, be liable or responsible for any accident, loss, or damage, regardless of the cause, happening or occurring to the Work or Improvements specified in this Agreement prior to the completion and acceptance of the Work or Improvements. All such risks shall be the responsibility of and are hereby expressly assumed by Subdivider.

44. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefore, nor shall anything in this Agreement commit City to any such apportionment.

45. Intentionally left blank.

46. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state, and local laws in the performance of the Work required by this Agreement, including but not limited to all Subdivision Laws, Improvement Standards, and all Agenda Item #4.7:

22 federal, State, and local labor laws. In the event it is determined that Subdivider is required to pay prevailing wages for Work performed under this Agreement, Subdivider shall pay all penalties and wages as required and shall indemnify City in accordance with Section 38 above.

47. Subdivider, its agents, employees, contractors, and subcontractors shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity or national origin in connection with or related to the performance of this Agreement. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the improvements hereunder.

48. If any provision of this Agreement is held invalid by a court of competent jurisdiction, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

49. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Agreement. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving.

50. Any approval or consent that is to be given by City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.

51. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.

57. Intentionally left blank.

58. Performance of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

59. The parties acknowledge and agree that the Subdivider is required to enter a Stormwater Management Agreement acceptable to the City. Said Stormwater Management Agreement shall be executed and recorded prior to the earlier of the (i) sale of the first residential lot in the Subdivision, or (ii) the City’s issuance of the first building permit for the Subdivision (which said recordation shall be a condition precedent to the sale of that lot and issuance of that permit, respectively).

60. It is agreed and acknowledged by Subdivider that the provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.

Agenda Item #4.7:

23 61. Each party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement.

62. The parties warrant and represent that they have the power and authority to enter into this Agreement and the names, titles and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement have been fully complied with.

63. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

64. This Agreement may be amended only by a written instrument signed by the Parties.

Subdivider shall bear all costs of amendments to this Agreement that are requested by Subdivider. Any approval or consent that is to be given by City pursuant to this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.

65. The Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.

66. All exhibits attached hereto are incorporated into this Agreement:

Exhibit A: Legal Description
Exhibit B: Performance Security
Exhibit C: Payment Security
Exhibit D: Maintenance Warranty
Exhibit E: Environmental Warranty
Exhibit F: Form of Maintenance Bond

67. Notwithstanding the provisions and additional agreements, instruments or documents required herein, this Agreement, together with its specific references, attachments, and Exhibits, constitute all of the agreements, understandings, representations, conditions, warranties, and covenants made by and between the parties regarding the construction, installation and warranty of the Improvements and the Improvements. Neither party shall be liable for any representations made, express or implied, not specifically set forth herein. It is the intention of the parties that this Agreement shall supersede any prior agreements, discussions, commitments, representations, or agreements, written, electronic or oral, between the parties with respect to the construction, installation and warranty of the Improvements and the Work.

Agenda Item #4.7:

24 IN WITNESS WHEREOF the parties execute this Agreement on the date first written above.

City of Sonoma
By:
_______________, City Manager
Approved as to form:

By: Dated:

Jeffrey Walter, City Attorney
Subdivider(s)

____________________________________
By:
__________________, President and
Treasurer or Chief Financial Officer
Approved as to form:

By: Dated:

NOTE: All signatures of Party officers must be notarized.

NOTE: Subdivider signatures must be notarized. If the Subdivider executing this Agreement is a corporation, a certified copy of the bylaws or resolution of the board of directors authorizing said corporation to execute this Agreement shall be provided; and at least two corporate officers must execute this Agreement.

Agenda Item #4.7:

25 State of California }
} ss:

County of }
On , before me, , a Notary Public,
personally appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/he/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

, Notary Public

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Agenda Item #4.7:

26 EXHIBIT A: Legal Description

Agenda Item #4.7:

27 EXHIBIT B: Performance Security

FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Sonoma, State of California, and _______________________________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement identified as ________________________, is hereby referred to and made a part hereof; and
WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the principal and ____________________, as surety, are held and firmly bound unto the City of Sonoma hereinafter called (“City”), in the penal sum of _____________________________________________ dollars ($__________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

Agenda Item #4.7:

28 IN WITNESS WHEREOF, this faithful performance bond has been duly executed by the principal and surety above named, on _______________________, 2022. _______________________________ ________________________________ Name of Surety Principal
By:_____________________________
Title: ___________________________
____________________________________
____________________________________
Mailing Address of Surety and
_____________________________________ By:_____________________________ Telephone No. of Surety
Title: ___________________________
By: _________________________________
Attorney in Fact
NOTE: If principal is a partnership, all partners should execute the bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence that the appointment as attorney in fact has been recorded in __________________ County.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.”
APPROVAL: Bonds must be approved by City.

REQUEST TO INSURER TO SUBMIT DOCUMENTS: Execution of this document shall constitute the City’s formal request to the insurer to provide the City with an original of a certificate from the clerk of ___________________ County that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted.

POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers.

Agenda Item #4.7:

29 EXHIBIT C: Payment Security

PAYMENT BOND
WHEREAS, the City Council of the City of Sonoma, State of California, and ______________________________(hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________________ 2022, and identified as _______________________, is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Sonoma to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Sonoma and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of _____________________________________ dollars ($________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney fees, incurred by City in successfully enforcing the obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

Agenda Item #4.7:

30 IN WITNESS WHEREOF, this payment bond has been duly executed by the principal and surety above named, on ____________________, 2022.
_______________________________ _______________________________ Name of Surety Principal
By:_____________________________
Title: ___________________________
____________________________________
____________________________________
Mailing Address of Surety and
_____________________________________ By:_____________________________ Telephone No. of Surety
Title: ___________________________
By: _________________________________
Attorney in Fact
NOTE: If principal is a partnership, all partners should execute the bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence that the appointment as attorney in fact has been recorded in __________________ County.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.”
APPROVAL: Bonds must be approved by City.

REQUEST TO INSURER TO SUBMIT DOCUMENTS: Execution of this document shall constitute the City’s formal request to the insurer to provide the City with an original of a certificate from the clerk of ____________________County that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted.

POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers.

Agenda Item #4.7:

BEV_SIA May 2022 31
EXHIBIT D: Maintenance Warranty

SUBDIVISION MAINTENANCE WARRANTY
To the City of Sonoma for construction of ______________________ (“Project”).

The undersigned (“Contractor”) guarantees all construction performed on this project and also guarantees all material and equipment incorporated therein.

Contractor hereby grants to City for a period of one (1) year following the date of final acceptance of the Work, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work performed in completing the Project.

Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Agreement or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom which shall appear within one (1) year, or longer if specified, from the date of final acceptance.

Should any of the contingencies described in the fourth sentence of Section 16(B) of the Subdivision Improvement Agreement (“SIA”) to which this Exhibit is attached occur, should any of the materials or equipment prove defective or should the Work as a whole prove defective, due to faulty workmanship, material furnished or methods or installation, or should the Work or any part thereof fail to operate properly as originally intended and in accordance with the SIA due to any of the above causes within one (1) year after date of final acceptance, the Contractor shall:
(1) reimburse the City, within 30 days of receipt of the City’s demand, for its expenses (plus 15%) incurred in restoring said Work to the condition contemplated in the SIA, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or
(2) upon demand by the City, replace any such material and to immediately repair said Work completely without cost to the City so that said Work will function successfully as originally contemplated.

Inspection of the work shall not relieve the Contractor of any of its obligations under the SIA.

Even though equipment, materials, or work required to be provided under the SIA have been inspected, accepted, and estimated for payment, the Contractor shall, at its own expense, replace or repair any such equipment, material, or work found to be defective or otherwise not to comply Agenda Item #4.7:

BEV_SIA May 2022 32
with the requirements of the SIA up to the end of the guaranty period specified herein.

The City shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the Contractor. In the event the City elects to have said work performed by the Contractor, the Contractor shall make such repairs within a reasonable period of time after the receipt of demand from the City; provided, however, that in no event shall such period exceed twenty-five (25) days.
________________________________ Dated:_____________________ Agenda Item #4.7:

BEV_SIA May 2022 33
IN WITNESS WHEREOF, this monument bond has been duly executed by the principal and surety above named, on __________________, 2022.
_______________________________ ________________________________ Name of Surety Principal
By:_____________________________
Title: ___________________________
____________________________________
____________________________________
Mailing Address of Surety and
_____________________________________ By:_____________________________ Telephone No. of Surety
Title: ___________________________
By: _________________________________
Attorney in Fact
NOTE: If principal is a partnership, all partners should execute the bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence that the appointment as attorney in fact has been recorded in ___________________ County.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.”
APPROVAL: Bonds must be approved by City.

REQUEST TO INSURER TO SUBMIT DOCUMENTS: Execution of this document shall constitute the City’s formal request to the insurer to provide the City with an original of a certificate from the clerk of ____________________ County that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted.

Agenda Item #4.7:

BEV_SIA May 2022 34
POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers.

Agenda Item #4.7:

BEV_SIA May 2022 35
EXHIBIT E: Environmental Warranty

ENVIRONMENTAL WARRANTY

Subdivision No. ______, _____________________ Project
As a condition precedent to acceptance of the dedications and Required Improvements to be conveyed by _________________________________ (“Subdivider”), to the City of Sonoma, a California municipal corporation (“City”) for the ____________________ project, pursuant to and using those same defined terms in the Subdivision Improvement Agreement dated ________________, 2022, Subdivider hereby warrants to City that to the best of Subdivider’s knowledge:

1. Neither the Subject Property nor Subdivider are in violation of any Environmental Law, and neither the Subject Property nor Subdivider are subject to any existing, pending or threatened investigation by any federal, state, or local governmental authority under or in connection with any Environmental Law relating to the Subject Property.

2. Neither Subdivider nor any third person operating pursuant to a contract with Subdivider or any of its agents, contractors, or subcontractors or otherwise under Subdivider’s control has or will use, generate, manufacture, produce, or release, on, under, or about the Subject Property, any Hazardous Substance, except in compliance with all applicable environmental laws.

3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the Property or the migration of any Hazardous Substance from or to any other property adjacent to, or in the vicinity of, the Subject Property.

4. Subdivider’s prior and present use of the Property has not resulted in the release of any Hazardous Substance on the Subject Property.

All persons executing this warranty hereby represent and warrant to City that the signatories hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signatories hereto have sufficient knowledge or expertise, either personally, through reasonable inspection or investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider’s environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider to City.

The undersigned declares under penalty of perjury that the foregoing is true and correct.

Agenda Item #4.7:

BEV_SIA May 2022 36
Subdivider
_______________________________ Dated:___________________

Agenda Item #4.7:

BEV_SIA May 2022 37

EXHIBIT F

MAINTENANCE (GUARANTEE) BOND
[SUBDIVISION IMPROVEMENT AGREEMENT]
KNOW ALL PERSONS BY THESE PRESENTS, that the City of
(hereinafter designated as "City"), a municipal corporation located in the County of , State of California, and (hereinafter
designated as "Principal") entered into a subdivision improvement agreement (“SIA”) on the day of 2022, whereby Principal agreed to complete the improvements more particularly described in the SIA, which said SIA is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond conditioned to guarantee the maintenance of those improvements ("said improvements") for a period of 1 year(s) from the date of acceptance of said improvements by the City, against all defects in workmanship and materials which may become apparent during said period.

NOW, THEREFORE, we, the Principal and , as
Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. This penal sum shall not be less than ten percent (10%) of the amount specified in Section 23 of the SIA.

THE CONDITION of this obligation is such that if the said Principal shall faithfully carry out and perform said guaranty in accordance with the terms of said specifications and shall, on due notice, promptly repair and make good at its own expense all defects of material or workmanship in the said work which may develop or become apparent during the 1 year period beginning from the effective date of City acceptance of said improvements by the City Council, or shall pay over, make good and reimburse to the City all loss, expense, overhead, and damage which the City may sustain by reason of failure or defect of said Principal so to do, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

AS PART OF THE OBLIGATION secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Agenda Item #4.7:

BEV_SIA May 2022 38
THE SURETY HEREBY STIPULATES AND AGREES that no change, extension of time, alteration or addition to the terms of the SIA or the work to be performed thereunder of the specifications accompanying the same shall in any way effect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of , , the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

NOTE: To be signed by Principal and
Surety and acknowledgment and notarial
seal attached.
[Attach Notary Acknowledgment]

_________________________
_________________________
_________________________
_________________________
Principal
By ______________________
[Attach Notary Acknowledgment]
_________________________
Surety
__________________________
__________________________
Address of Surety
___________________________

The form of the above bond is approved this _____ day of _____________________________.

____________________________
Attorney for the City of ________
Agenda Item #4.7:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 02 Nov 2022
Department
Development Services
Staff Contact
Wayne Wirick, Development Services
Director/Building Official
Agenda Item Title
Adopt an Ordinance Repealing Chapter 14.10 of the Sonoma Municipal Code and Reenacting a New Chapter 14.10 Adopting New Administrative Provisions and Adopting by Reference Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 and 12 of the 2022 California Building Standards Code and Amendments thereto and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment.

Summary
At its meeting of October 19, 2022, the City Council discussed and introduced the proposed ordinance adopting by reference and amending the new 2022 California Building Standards Code.

The California Building Standards Code is made up of 12 parts containing various construction codes (i.e. building, residential, electrical, plumbing, mechanical, energy, green building, existing building, fire, historical structures, etc.) which are adopted in whole or in part and then amended by some 14 different State agencies. The California codes are generally published every three years by the State Building Standards Commission following the update of selected model codes by various code writing organizations. Effective January 1, 2023, the 2022 California Building Standards Code will become effective throughout California and the currently adopted 2019 California Building Standards Code will no longer be applicable to projects applying for a new building permit.

The California Health and Safety Code allows local governments to amend building standards contained in the California Building Standards Code when the modifications are at least as stringent as what is otherwise required by the codes, and provided that amendments are made with express findings of need based on local climatic, geological or topographical conditions.

The mandated requirements of the California Building Standards Code do not provide fully adequate provisions for unsafe building abatement, signs, alternative housing provisions, fire sprinkler systems, fire safety, administrative requirements, green building measures and other provisions that are recommended for Sonoma as amendments to the base construction codes.

This being the case, the City Council has regularly amended the codes adopted by the State to address these inadequate issues.

The suggested local amendments proposed by this ordinance are generally consistent with the direction, existing policies and construction requirements previously adopted by the City Council.

The proposed draft ordinance is shown in Attachment A in the enclosed supplemental report.

A summary of reasons for the proposed local amendments has been provided in Attachment B in the supplemental report.

Agenda Item #5.1:

The 2022 California Building Standards Code proposed for adoption and amendment is available for review at City Hall or online at https://www.dgs.ca.gov/BSC/Codes .

NOTE: A strikeout/underline version of the draft ordinance showing the revisions from the previously adopted ordinance can be viewed and downloaded from the City website at:
https://storage.googleapis.com/proudcity/sonomaca/uploads/2022/10/DRAFT-2022-CodeAdoption-Ordinance-strikethrough-101722.pdf .

Recommended Council Action

1. Hold a public hearing on the proposed ordinance.

2. Publicly read the title of the ordinance (second reading) and adopt the ordinance. “Move to Adopt, AN ORDINANCE OF THE CITY OF SONOMA REPEALING CHAPTER

14.10 OF THE SONOMA MUNICIPAL CODE IN ITS ENTIRETY AND REENACTING A NEW CHAPTER 14.10, ADOPTING NEW ADMINISTRATIVE PROVISIONS, AND ADOPTING BY REFERENCE PARTS 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 AND 12 OF THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND AMENDMENTS THERETO.”

3. Direct the City Clerk to prepare, publish and post a summary of the ordinance with the vote of each council member indicated within 15 days as required by the Government Code.

Alternative Actions

1. Following the public hearing, the City Council may adopt the ordinance as presented and direct staff to make further amendments to the ordinance for consideration at a future date.

2. Following the public hearing, the City Council may amend the ordinance and reintroduce it with revised proposed amendments. The Council should then schedule a new second reading of the Ordinance for its meeting of November 16, 2022. A second public hearing need not be held on the amendments made per Council direction.

3. The City Council can choose not to adopt local amendments, in which case the unmodified version of the 2022 California Building Standards Code would become effective on January 1, 2023.

Financial Impact
Each time the California Building Standards Code are updated (approximately every 3 years), construction costs increase as a result of the addition of more restrictive and complex requirements. The changes in the codes also result in an increase in the cost of providing code compliance services by increasing the need for additional training and public education as well as increasing City costs to perform plan review, inspection and related code enforcement services.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #5.1:

Attachments
Supplemental Report - 2022 Construction Codes Adoption - Public Hearing & Adoption Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

N/A
CC:

N/A
Agenda Item #5.1:

SUPPLEMENTAL STAFF REPORT
Public Hearing and Adoption of an Ordinance Repealing Chapter 14.10 of the Sonoma Municipal Code and Reenacting a New Chapter 14.10 Adopting and Amending the 2022 California Building Standards Code
For the City Council Meeting of November 2, 2022

BACKGROUND
The California Building Standards Code is made up of 12 parts containing various construction codes (i.e. building, residential, electrical, plumbing, mechanical, energy, fire, historical structures, green building, etc.) which are adopted in whole or in part and then amended by some 14 different State agencies. The California codes are generally amended and published every three years by the State Building Standards Commission following the update of selected model codes. Pursuant to California Health and Safety Code, the California Building Standards Code is applicable to all occupancies throughout California 180 days following its publication by the California Building Standards Commission. The latest (2022) iteration of the California Building Standards Code was published in July of 2022 and will become effective throughout California on January 1, 2023. By state law, construction codes previously adopted, including those adopted by Sonoma and contained in Chapter 14.10 (Construction Codes) of the Sonoma Municipal Code, will become null and void on January 1, 2023.

The California Health and Safety Code allows local governments to amend building standards contained in the California Building Standards Code when modifications are made with express findings of need based on local climatic, geological or topographical conditions. State law dictates that amendments to the State Building Standards Code may not be less stringent than the provisions provided therein. Given that the California Building Standards Code does not provide fully adequate provisions for unsafe building abatement, signs, fire sprinkler systems, fire safety, administrative requirements, green building provisions and other provisions determined necessary for Sonoma, the City Council has regularly amended the codes adopted by the state to address these issues.

At its meeting of October 19, 2022, the City Council discussed and introduced the draft ordinance as written.

Councilmember Lowe also requested that staff provide an initial analysis of the possibility of making an amendment to the codes to require air-conditioning in newly built rental housing to provide comfort cooling to help reduce the need for cooling centers during excessive heat weather events. Staff’s initial evaluation of this idea is as follows:

1. Pursuant to Section 10-106 of the California Administrative Code, an amendment to the California Building Code that would mandate the installation of mechanical air-conditioning in residential occupancies would require that:
a. A determination is adopted by the local agency at a public meeting that the proposed amendment is cost effective, and the amendment is subsequently filed with the CA Energy Commission; and
Agenda Item #5.1: