Agenda — Sonoma City Council, May 20, 2026 (part 4 of 6)

660'
84°55' 11"
650'
533.63'
ROCK
ROCK
ROCK
DBL 8" OAK
QUAD 8" OAK
18" OAK
24" OAK
20" OAK
ROCK
ROCK
10" OAK
10" OAK
TRPL 10"10"4" OAK
8" OAK
DBL 12" OAK
TRPL 12"12"8" OAK
QUAD 6" OAK
TRPL 10"8"6" OAK
TRPL 10"18"20" OAK
12" OAK
ROCK
ROCK
ROCK
ROCK
ROCK
ROCK
ROCK
WIRE
FENCE

TOP BANK
QUAD 8" OAK
TRPL 12" OAK

PROPERTY LINE

PROPERTY LINE
650'
660'
670'
680'
670'
660'
670'
680'
690'
650'
640'
10" OAK
660'
670'
668'
666'
664'
ROCK
ROCK
ROCK
DBL 8" OAK
QUAD 8" OAK
18" OAK
24" OAK
20" OAK
ROCK
ROCK
10" OAK
10" OAK
TRPL 10"10"4" OAK
8" OAK
DBL 12" OAK
TRPL 12"12"8" OAK
QUAD 6" OAK
TRPL 10"8"6" OAK
TRPL 10"18"20" OAK
12" OAK
ROCK
ROCK
ROCK
ROCK
ROCK
ROCK
ROCK
WIRE
FENCE

TOP BANK
QUAD 8" OAK
TRPL 12" OAK
30' BUILDING SETBACK LINE
30'-0"
30'-0"
30' BUILDING SETBACK LINE
650'
660'
670'
680'
670'
660'
670'
680'
690'
650'
640'
10" OAK
660'
670'
668'
666'
664'
669.75'
GARAGE AREA 612 SF.

FOOTPRINT AREA
3,953 SF.

DN.

UP
UP
DN.
37'-0"
10'-4"
MAIN FLOOR F.F. ELEV: 671.25'
LOWER FLOOR F.F. ELEV: 659.25'
20'-9" 34'-4"
13'-5"
38'-3"
34'-0"
28'-0"
10'-2"
20'-3" 54'-6"
16'-11"
10'-1"
5'-7" 6'-6"
25'-0"
24'-6"
F.F. ELEV: 670.0'

PLANTER

DRIVEWAY

ACCESS ROAD

WALKWAY WALKWAY

STEPS TO
GRADE

POOL TUB
COPING
LANDING @
ENTRY

BOULDERS

FIRE TRUCK TURN AROUND

RELOCATE

GARAGE &

WALKWAY
14'-8" 19'-9" 5'-0"
15'-8"
11'-6"
5'-0" 7'-6"
12'-0" 14'-0" 6'-0"
16'-10"
10'-4"
5'-6"
5'-0"
5'-0"
5'-8"

PLANTER

PLANTER
9'-6"
6'-0"
3'-7" 7'-0"
12'-0"
8'-4"
7'-6" 12'-6"
22'-11"
16'-6"
8'-8"
3'-0"

PLANTER

PLANTED
AREA
(E) TREES OBSTRUCT

TALLEST PORTION OF

STRUCTURE
POOL
382 SF. INCL. COPING & WALLS
ELEV: 659.25'
6'-6"
7'-4"

PROPOSED SLOPE

EASEMENT
5'-0"
6'-1"
6'-0"
1 A3.1
2 A3.1
1 A3.0
2 A3.0
4 A2.3
5 A2.3
6 A2.3
3 A3.0
DATE: ISSUE:

6.23.22 DESIGN REVIEW ENLARGED SITE PLAN
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SHEET NO.

10.15.23 REV.1

USE PERMIT

12.18.24 REV.2

DESIGN REVIEW

04.01.25 DRIVEWAY
LAYOUT REV.
3 08.01.25 REV.3

DESIGN REVIEW
4 09.03.25 REV.4

DESIGN REVIEW

ENLARGED SITE PLAN
1/8"=1'-0"
1 PROJECT
NORTH
SEE FLOOR PLANS ON A2.0, A2.1
& A2.3 FOR EXTERIOR LIGHTING
Agenda Item #8.3:

Page 280 of 506 ends

12'-11"

GUARDRAIL

TERRACE
DN.
671.0'
671.25'

FIREPLACE

KITCHEN
ISLAND
12'-0"
5'-0"
33"
SINK
1'-4"
2'-9"
48"
RANGE

FIRE PIT
ROOF

OVERHANG
670.75'
667.75'
671.25'
POST, TYP.

UP UP
UP UP
UP
UP
4 PANEL SLIDER POCKET DOOR W/ SCREENS 671.25'
670.75'
671.25'
670.25'
48"
REF.

DN.

POOL BELOW
GATE

WALKWAY

LANDING
PORCH
COAT
10'-1"
6'-0" 7'-0"
20'-9" 34'-4" 2'-0"
13'-5"
12'-0"
16'-0"
670.75'
670.25'
665.9'

GUARDRAIL
19'-6"
54'-6"
ROOF POST, TYP. OVERHANG
ROOF

OVERHANG
38'-3"
28'-0" 6'-0"
9'-11"
27'-11" 20'-3"
16'-11"
16'-10"
15'-0"
8'-6" 6'-1"
7'-2" 7'-2"
14'-7" 5'-8" 4'-0" 3'-2" 6'-5"
5'-0"
10'-1" 6'-2" 11'-8"21'-0"
7'-0"
5'-11" 13'-0"
6'-6"

PLANTER

EXTERIOR
LIGHTING, TYP.

STEP LIGHTING, TYP.

LIGHTING,TYP.
671.0'
671.0'
650'
660'
670'
680'
670'
660'

BOULDERS
ROCK

PLANTER
(E) TREES OBSTRUCT

TALLEST PORTION OF

STRUCTURE
21'-1"
4'-10"

KITCHEN
DINING RM. LIVING RM.

OUTDR. DIN. OUTDR. LOUNGE
PWDR. RM
MSTR. BATH
MSTR. BED
OFFICE

BUTLERS PANTRY
MSTR. TERRACE
ENTRY
WINE STO.

HERS CLO. HIS CLO.

MAIN LVL. 2,564 SF. F.F. ELEV. 671.25'
1 A3.1
2 A3.1
1 A3.0
2 A3.0
3 A3.0
DATE: ISSUE:

6.23.22 DESIGN REVIEW MAIN LEVEL FLOOR PLAN
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SHEET NO.

10.15.23 REV.1

USE PERMIT

12.18.24 REV.2

DESIGN REVIEW

04.01.25 DRIVEWAY
LAYOUT REV.
3 08.01.25 REV.3

DESIGN REVIEW
4 09.03.25 REV.4

DESIGN REVIEW

MAIN LEVEL FLOOR PLAN
3/16"=1'-0"
1 PROJECT
NORTH
84°55' 11"

PROPERTY LINE
12'-11"

GUARDRAIL

TERRACE
DN.
671.0'
671.25'

FIREPLACE

KITCHEN
ISLAND
12'-0"
5'-0"
33"
SINK
1'-4"
2'-9"
48"
RANGE

FIRE PIT
ROOF

OVERHANG
670.75'
667.75'
671.25'
POST, TYP.

UP UP
UP UP
UP
UP
4 PANEL SLIDER POCKET DOOR W/ SCREENS 671.25'
670.75'
671.25'
670.25'
48"
REF.

DN.

POOL BELOW
GATE

WALKWAY

LANDING
PORCH
COAT
10'-1"
6'-0" 7'-0"
20'-9" 34'-4" 2'-0"
13'-5"
12'-0"
16'-0"
670.75'
670.25'
665.9'

GUARDRAIL
19'-6"
54'-6"
ROOF POST, TYP. OVERHANG
ROOF

OVERHANG
38'-3"
28'-0" 6'-0"
9'-11"
27'-11" 20'-3"
16'-11"
16'-10"
15'-0"
8'-6" 6'-1"
7'-2" 7'-2"
14'-7" 5'-8" 4'-0" 3'-2" 6'-5"
5'-0"
10'-1" 6'-2" 11'-8"21'-0"
7'-0"
5'-11" 13'-0"
6'-6"

PLANTER

EXTERIOR
LIGHTING, TYP.

STEP LIGHTING, TYP.

LIGHTING,TYP.
671.0'
671.0'
650'
660'
670'
680'
670'
660'

BOULDERS
ROCK

PLANTER
(E) TREES OBSTRUCT

TALLEST PORTION OF

STRUCTURE
21'-1"
4'-10"

KITCHEN
DINING RM. LIVING RM.

OUTDR. DIN. OUTDR. LOUNGE
PWDR. RM
MSTR. BATH
MSTR. BED
OFFICE

BUTLERS PANTRY
MSTR. TERRACE
ENTRY
WINE STO.

HERS CLO. HIS CLO.

MAIN LVL. 2,564 SF. F.F. ELEV. 671.25'
1 A3.1
2 A3.1
1 A3.0
2 A3.0
3 A3.0
Agenda Item #8.3:

Page 281 of 506 ends

W D

EXTERIOR
LIGHTING, TYP.

MAIN LEVEL ABOVE
LOWER LVL. 2,648 SF.

UP
F.F. ELEV. 659.25'
CLO.

BUILT-IN CLO. BUILT-IN CLO.

WALK-IN CLO.

DN.

UP
PATH
F.F. ELEV. 659.25'
8'-11"
11'-0"
20'-0" 54'-6"
37'-3"
19'-11"
5'-6"
20'-8"
6'-7"
46'-4"
5'-0"
37'-0"
10'-4" 7'-6"
4'-2" 10'-11" 10'-6"
20'-6"
30'-9"
9'-2"
6'-1"
10'-10"
7'-6"
5'-5" 14'-5"
16'-2"
13'-0"
16'-0"16'-0"
6'-0" 13'-0" 8'-6" 7'-3"6'-0" 13'-1" 16'-0"
5'-0"
PATH

PLANTER

EXTERIOR
LIGHTING, TYP.

STEP LIGHTING, TYP.

PATH
LIGHTING, TYP.
8'-0"
25'-2" 9'-6"

PLANTER
659.25'
650'
660'
670'
670'
660'
28'-0"

PLANTER
(E) TREES OBSTRUCT

TALLEST PORTION OF

STRUCTURE
LAUNDRY RM.

BEDRM. 4 BEDRM.3 BEDRM.2 BEDRM. 1
BATH. 2
BATH. 1
BATH. 3
TUB
MECH.

FAMILY RM.

POOL
SEE A1.1 FOR AREA
1 A3.1
2 A3.1
1 A3.0
2 A3.0
3 A3.0
DATE: ISSUE:

6.23.22 DESIGN REVIEW LOWER LEVEL FLOOR PLAN
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SHEET NO.

10.15.23 REV.1

USE PERMIT

12.18.24 REV.2

DESIGN REVIEW

04.01.25 DRIVEWAY
LAYOUT REV.
3 08.01.25 REV.3

DESIGN REVIEW
4 09.03.25 REV.4

DESIGN REVIEW

LOWER LEVEL FLOOR PLAN
3/16"=1'-0"
1 PROJECT
NORTH
Agenda Item #8.3:

Page 282 of 506 ends

DATE: ISSUE:

6.23.22 DESIGN REVIEW ROOF PLAN
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SHEET NO.

10.15.23 REV.1

USE PERMIT

12.18.24 REV.2

DESIGN REVIEW

04.01.25 DRIVEWAY
LAYOUT REV.
3 08.01.25 REV.3

DESIGN REVIEW
4 09.03.25 REV.4

DESIGN REVIEW

PROPERTY LINE
> > > > > >
>
>
>
>
>
>
>
> > > > > >
>
>
>
>
>
>
>
6 : 12
1/4"/FT
SLOPE:
6 : 12
1/4"/FT
SLOPE:
6 : 12
6 : 12
1/4"/FT
SLOPE:
2'-0"
3'-6"
1'-0"
1'-0"
5'-0"
5'-0"
4'-0"
2'-6"
2'-0"
16'-8"
50'-7"
MSTR. DECK

ON MAIN
LVL.

CANOPY OVER

MAIN LEVEL DECK
2'-0"

FIREPLACE
MAIN LVL. FOOTPRINT
CANOPY @
ENTRY
PATH @

LOWER LEVEL
POOL

PLANTER PLANTER

PLANTER PLANTER
650'
660'
670'
680'
670'
660'
GATE
47'-2"
2'-0"
(E) TREES OBSTRUCT

TALLEST PORTION OF

STRUCTURE
1 A3.1
2 A3.1
1 A3.0
2 A3.0
3 A3.0

PROJECT
NORTH

ROOF PLAN
3/16"=1'-0"
1 Agenda Item #8.3:

Page 283 of 506 ends

DATE: ISSUE:

6.23.22 DESIGN REVIEW GARAGE FLOOR PLAN, ROOF PLAN & ELEVATIONS H
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SHEET NO.

10.15.23 REV.1

USE PERMIT

12.18.24 REV.2

DESIGN REVIEW

04.01.25 DRIVEWAY
LAYOUT REV.
3 08.01.25 REV.3

DESIGN REVIEW
4 09.03.25 REV.4

DESIGN REVIEW

GARAGE FLOOR PLAN
1/4"=1'-0"
1 PROPERTY LINE
667.00'
666.5'
666.7'
ROOF

OVERHANG
612 SF.

WALKWAY

DRIVE WAY
25'-0"
24'-6"
5'-0"

EXTERIOR
LIGHTING, TYP.
670'
680'
3 A2.3

PROPERTY LINE

PROPERTY LINE
6'-2"
3'-0"

DETACHED GARAGE
4 A2.3
5 A2.3
6 A2.3

GARAGE ROOF PLAN
1/4"=1'-0"
2 PROPERTY LINE
1/4"/FT
SLOPE:
5'-0"
CONC. WALL
GARAGE

FOOTPRINT
BELOW
5'-8"
670'
680'

DRIVEWAY

RELOCATE

GARAGE &

WALKWAY
3'-0"
4 A2.3
5 A2.3
6 A2.3

PROJECT
NORTH

PROPOSED EAST ELEVATION
3/16"=1'-0"
6 8"

WEST ELEVATION

NATURAL
GRADE
676.0'
682.0'
T.O. WALL
678'-3"
GARAGE LVL. F.F.
666'-8"
2'-6"
11'-7"
9'-1"
GARAGE T.O. PLATE
675'-9"
[678.25']
[675.75']
[666.7']
WOOD
SIDING
ACCENT

BOARD- FORMED
CONCRETE, TYP.

T.O. WALL
678'-3"
GARAGE LVL. F.F.
666'-8"
2'-6"
11'-7"
9'-1"
GARAGE T.O. PLATE
675'-9"
[678.25']
[675.75']
[666.7']
4'-9"

NATURAL
GRADE
674.0'
677.0'
671.0'

BOARD- FORMED
CONCRETE, TYP.

WOOD
SIDING

PROPOSED NORTH ELEVATION
3/16"=1'-0"
5 T.O. WALL
678'-3"
GARAGE LVL. F.F.
666'-8"
2'-6"
11'-7"
9'-1"
GARAGE T.O. PLATE
675'-9"
[678.25']
[675.75']
[666.7']
4'-9"

NATURAL
GRADE

PROPOSED SOUTH ELEVATION
3/16"=1'-0"
3 8'-7"
10'-9"
5'-0"
8'-0"
10'-9"

SOUTH ELEVATION

FROSTED GLASS PANELS
@ GARAGE DOOR

NATURAL
GRADE
FINISH
GRADE
WOOD
SIDING
ACCENT

BOARD- FORMED
CONCRETE, TYP.

STEEL C-CHANNEL
FASCIA
666.5'
T.O. WALL
678'-3"
GARAGE LVL. F.F.
666'-8"
2'-6"
11'-7"
9'-1"
GARAGE T.O. PLATE
675'-9"
[678.25']
[675.75']
[666.7']

EXTERIOR
LIGHTING, TYP. 9'-9"

BOARD- FORMED
CONCRETE, TYP.

PROPOSED WEST ELEVATION
3/16"=1'-0"
4 PROJECT
NORTH
3 3
Agenda Item #8.3:

Page 284 of 506 ends

DATE: ISSUE:

6.23.22 DESIGN REVIEW ELEVATIONS & BUILDING SECTION
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SHEET NO.

10.15.23 REV.1

USE PERMIT

12.18.24 REV.2

DESIGN REVIEW

04.01.25 DRIVEWAY
LAYOUT REV.
3 08.01.25 REV.3

DESIGN REVIEW
4 09.03.25 REV.4

DESIGN REVIEW
2'-6" 6'-6"
9'-0"
5'-6" 3'-6"
9'-0"
2'-6" 6'-6"
9'-0"
5'-6" 3'-6"
9'-0"9'-0"
2'-6" 6'-6"
9'-0"
3'-3"
9'-0"
12'-0"
3'-0"
9'-0"
5'-6"
11'-0"
3'-6"
STEEL
POST

BOARD-FORMED
CONCRETE, TYP.

STEEL
PLATE

LINE OF POOL
BEYOND

SOUTH ELEVATION

GLASS PANEL
GUARDRAIL @ TERRACE
WOOD SIDING, TYP.

STEEL C-CHANNEL
FASCIA
WOOD
SIDING, TYP.

MAIN LVL. F.F.
671'-3"
4'-3" 6"
19'-11"
MSTR. SUITE
T.O.PLATE
683'-3"
T.O. RIDGE
686'-11"
T.O. RIDGE
691'-2"
6'-11"
12'-0"
ENTRY LVL. F.F.
670'-9"
GARAGE LVL. F.F.
666'-8"
12'-0"
LOWER LVL. F.F.
659'-3"
GREAT RM. T.O.PLATE
684'-3"
13'-0"
[659.25']
[666.7']
[670.75']
[671.25']
[683.25']
[684.25']
[686.92']
[691.16']
3'-8"
MAIN LVL. F.F.
671'-3"
4'-3" 6"
19'-11"
MSTR. SUITE
T.O.PLATE
683'-3"
T.O. RIDGE
686'-11"
T.O. RIDGE
691'-2"
6'-11"
12'-0"
ENTRY LVL. F.F.
670'-9"
GARAGE LVL. F.F.
666'-8"
12'-0"
LOWER LVL. F.F.
659'-3"
GREAT RM. T.O.PLATE
684'-3"
13'-0"
[659.25']
[666.7']
[670.75']
[671.25']
[683.25']
[684.25']
[686.92']
[691.16']
3'-8"
652.0'
4 PANEL SLIDER, 3
OPERABLE, 1 FIXED.
12'-0"

METAL PANEL
ROOF

EXISTING VEGETATION
BEYOND
651.5'
WOOD
SIDING, TYP.

WOOD
SIDING, TYP.

EXTERIOR
LIGHTING, TYP.

STONE VENEER, TYP. STONE VENEER, TYP.

STONE VENEER, TYP.
656.0'

CANOPY OVER

OUTDOOR DINING &

LOUNGE BEYOND
35'-2"
3 A3.0

PROPOSED SOUTH ELEVATION
3/16"=1'-0"
1 PROPOSED WEST ELEVATION
3/16"=1'-0"
2 6'-0"
2'-6" RECESS

AROUND FRONT
DOORS
30'-0" ABOVE

FINISH GRADE

LINE OF POOL
BEYOND

STEEL POST

WOOD SIDING

ON BEDROOM

WALL BEYOND

BOARD-FORMED

CONCRETE
PLANTERS, TYP.

STEEL
PLATE
STEEL

C-CHANNEL
FASCIA
MAIN LVL. F.F.
671'-3"
4'-3" 6"
19'-11"
MSTR. SUITE
T.O.PLATE
683'-3"
T.O. RIDGE
686'-11"
T.O. RIDGE
691'-2"
6'-11"
12'-0"
ENTRY LVL. F.F.
670'-9"
GARAGE LVL. F.F.
666'-8"
12'-0"
LOWER LVL. F.F.
659'-3"
GREAT RM. T.O.PLATE
684'-3"
13'-0"
[659.25']
[666.7']
[670.75']
[671.25']
[683.25']
[684.25']
[686.92']
[691.16']
3'-8"
18'-11"
22'-4"

EXISTING VEGETATION
BEYOND

GLASS PANEL

GUARDRAIL
25'-5"
WOOD
SIDING, TYP.
652.0'
668.0'

EXTERIOR
LIGHTING, TYP.

STONE VENEER, TYP.

STONE VENEER, TYP.
669.8'
POOL PATIO F.F.
658.0'
30'-0"
13'-5"
14'-8"
13'-8"

CANOPY OVER

OUTDOOR DINING &
LOUNGE

STEEL POST
CANOPY

GLASS PANEL

GUARDRAIL
13'-5"

ROOF OVER
GREAT RM.
(E) GRADE
1'-5"
30'-0" ABOVE

NATURAL GRADE

CRAWLSPACE
HALL

OVERLAP
AREA
14'-4"
12'-1"
MAIN LVL. F.F.
671'-3"
T.O. RIDGE
691'-2"
12'-0"
LOWER LVL. F.F.
659'-3"
GREAT RM. T.O.PLATE
683'-6"
13'-0"
659.25'
671.25'
684.25'
692.67'
12'-0"
WINE STO.

BEDRM. 4 MECH.

BUTLERS PANTRY
HALL
MAIN LEVEL T.O. PLATE HEIGHT
13'-0"

SOUTH WALL
HEIGHT

TERRRACE
T.O. PLATE
HEIGHT @

SECTION CUT

LENGTH OF OVERLAP

PROPOSED BUILDING SECTION
3/16"=1'-0"
3 Agenda Item #8.3:

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PROPOSED EAST ELEVATION
3/16"=1'-0"
2 12'-9"
3'-0" 6'-0"
12'-0"
3'-0"
9'-0"
12'-0"
3'-0" 6'-0"
9'-0"
12'-0"
11'-3"
ETAL
: DOUBLE-LOCK STANDING SEAM PAINTED METAL
PE]: TORCH-DOWN WITH DECORATIVE PEBBLE BALLAST
TERN RED CEDAR, STK, RESAWN, 1x8 SHIPLAP
NT: WESTERN RED CEDAR, STK, RESAWN, 1x3 SHIPLAP

UM CLAD EXTERIOR, WOOD INTERIOR
BERS: STEEL
FIR GRADE-D, RESAWN, 1x4 T+G

UARE RUBBLE LEDGESTONE
N WALLS: BOARD-FORMED CONCRETE

NORTH ELEVATION
STEEL
PLATE

GLASS PANEL
GUARDRAIL @

TERRACE

WOOD ACCENT
SIDING

STEEL C-CHANNEL
FASCIA
WOOD
SIDING, TYP.

WOOD SIDING, TYP.

STONE VENEER, TYP.
669.8' 669.8'
668.0'
12'-3"

PLANTER
BEYOND
3 A3.0
DATE: ISSUE:

6.23.22 DESIGN REVIEW ELEVATIONS
H
O
L
D
E
R | P
A
R
L
E
T
T
E
h
o l d
e r p
a r l e t t e . c
o
m
l a
n
d
s
c
a
p
e
s
a r c
h i t e
c t u r e
K e n t f i e l d C a 9 4 9 0 4 4 1 5 2 6 9 5 2 3 6
1 0 1 0 S ir F r a n c i s D r a k e B l v d . S u it e 2 0 4 A P
N
#
0 1 8
0 5 1 0 1 6
SHEET NO.

10.15.23 REV.1

USE PERMIT

12.18.24 REV.2

DESIGN REVIEW

04.01.25 DRIVEWAY
LAYOUT REV.
3 08.01.25 REV.3

DESIGN REVIEW
4 09.03.25 REV.4

DESIGN REVIEW

PROPOSED SOUTH ELEVATION
3/16"=1'-0"
1 6'-6"
30'-0" ABOVE

FINISH GRADE

PAINTED METAL
SHINGLE MOLD, TYP. STEEL C-CHANNEL
FASCIA

GLASS PANEL

GUARDRAIL
WOOD
SIDING, TYP.

STONE VENEER, TYP.

LINE OF POOL
BEYOND

BOARD-FORMED
CONCRETE, TYP.

WOOD
ACCENT
SIDING
MAIN LVL. F.F.
671'-3"
4'-3" 6"
19'-11"
MSTR. SUITE
T.O.PLATE
683'-3"
T.O. RIDGE
686'-11"
T.O. RIDGE
691'-2"
6'-11"
12'-0"
ENTRY LVL. F.F.
670'-9"
GARAGE LVL. F.F.
666'-8"
12'-0"
LOWER LVL. F.F.
659'-3"
GREAT RM. T.O.PLATE
684'-3"
13'-0"
[659.25']
[666.7']
[670.75']
[671.25']
[683.25']
[684.25']
[686.92']
[691.16']
3'-8"
669.8'
6 12
9'-0"
2'-6"
12'-0"
3'-0"
9'-0"
12'-0"
3'-0"
9'-0"
28'-9"
23'-5"

EXISTING VEGETATION
BEYOND
STONE VENEER, TYP.
656.0'
669.8'
652.0'
660.0'
13'-10"
16'-8"
16'-9"

PLANTED AREA

PLANTER
Agenda Item #8.3:

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PJC&Associates, Inc.

Consulting Engineers 8:Geologists
May 1, 2025 Job No. 81199.01
Edmond Routhier
281 Second Street East
Sonoma, CA 95476
Subject: Geotechnical Plan Review & Update Letter
Proposed Lot 227 Residence
0 Brazil Street
APN: 018-051-016
Sonoma, California
References: Report titled, “Design Level Geotechnical Investigation, Proposed Residence, Brazil Street, Lot 228, Sonoma,
California” prepared by PJC &Associates, Inc., dated March 29, 2017.

Civil Plans, Sheets 1 through 14, prepared by Moll Design + Consulting, dated April 20, 2025.

PJC & Associates, Inc. (PJC) is pleased to submit this letter presenting the results of our geotechnical review of the civil plans for the above captioned project. PJC previously performed a geotechnical investigation for the project and presented the results in a written report dated March 29, 2017. The purpose of our review was to confirm that the recommendations of our geotechnical report were incorporated into the civil plans.

Based on the results of our review, the civil plans are in general conformance with our recommendations. However, we have the following comments. If fill is required on slopes steeper than 5H11V, the fillshould be keyed and benched in accordance with our geotechnical recommendations. Additionally, we recommend that the upper eight inches of the driveway subgrade be compacted to at least 95 percent relative compaction. Furthermore, observation and testing services should be provided by PJC to verify that the intent of the project plans and specifications is carried out during construction; these services should include observing the foundation excavations, field density testing of engineered fill and installation of the subsurface drainage facilities.

Main Office 0 600 Martin Ave, Ste 2 l0, Rohneri Park, CA 94928 ' 707—584-48040 Fox 7O7-584-48li Sonomo Branch - 19449RiversideDrive, Ste 240, Sonoma, CA 95476 - 707-935—37470 Fox 707-935-3587 Agenda Item #8.3:

Page 301 of 506 ends

We trust that this is the information that you require at this time. If you have any questions concerning the content of this letter please call.

Sincerely,
PJC &Ass ciates, Inc.
e echnical Engineer
2750, California
Agenda Item #8.3:

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PJC 8a Associates, Erma
Consult/n9Engineers & Geo/og/sts
April 7, 2016 Job No. 81203.01
Caymus Capital, LLC
Attention: Edmond Routhier
281 Second Street East
Sonoma, CA 95476
Subject: Supplemental Geotechnical Investigation
Proposed Residence
Fourth Street East
Sonoma, California
References: Report titled, “Design Level Geotechnical Investigation, Proposed Devens Residence, 650 Brazil Street, Sonoma, California,” prepared by PJC &Associates, Inc., dated June 27, 2015.

Report titled, “Soil & Foundation Investigation, Proposed Residential Addition, 131 Fourth Street East, Sonoma, California,” prepared by PJC &Associates, Inc., dated November 22, 2011.

Report titled, “Geotechnical Investigation, Proposed Eichstaedt Residential Improvements, 249 & 277 Fourth Street East, Sonoma, California”, prepared by PJC & Associates, dated January 18, 2010.

Report titled, “Design Level Geotechnical Investigation, Proposed Residential Remodel, Guest House & Swimming Pool, 80 Second Street East, Sonoma, California,” prepared by PJC & Associates, dated October 15, 2007.

Report titled, “Design Level Geotechnical Investigation, Proposed Four-Lot Residential Subdivision, 200 Second Street East, Sonoma, California,” prepared by PJC & Associates, Inc., dated August 28, 2006.

PJC and Associates, Inc. (PJC) is pleased to present the results of our supplemental geotechnical investigation for the proposed residence located on Fourth Street East in Sonoma, California. The site is located at the western intersection of Fourth Street East and Brazil Street. Our services were completed in accordance with our proposal for geotechnical engineering services, dated January 12, 2016. The purpose of our work was to explore the shallow Main Of?ce 0 600 Martin Ave, Ste 270, Rohnert Park, CA 94928 - 707—584—48040 Fax 707-584-4877 Sonoma Branch 0 PO Box 469, Sonoma, CA 95476 0 707-935—3747 0 Fax 707-935—8587 Agenda Item #8.3:

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subsurface conditions at the site and provide recommendations and geotechnicai criteria. The opinions, recommendations and geotechnicai design criteria presented in this letter were based on our previous work performed at the above referenced projects located in the vicinity of the proposed project, four supplemental exploratory test pits, laboratory testing, and geotechnicai engineering analysis.

1. PROJECT DESCRIPTION
Based on the information provided by you, and the information provided by your civil engineer, Mr. Chad Moll, it is our understanding that the project will consist of constructing a new single family residence with an attached or detached garage. it is our understanding that the buildings will consist of one or two story, wood frame structures concrete slab-on—grade floors. Furthermore, it is our understanding that the project may also consist of constructing a new swimming pool. We anticipate that the swimming pool willbe constructed below grade and consist of a reinforced gunite construction. The project willbe serviced by underground municipal utilities.

Structural foundation loading information for the structures was not available at the time of this report. For our analysis, we anticipate that structural foundation loads will be light with dead plus live continuous wall loads less than two kips per lineal foot (plf) and dead plus live isolated column loads less than 50 kips. if these assumed loads vary significantly from the actual loads, we should be consulted to review the actual loading conditions and, if necessary, revise the recommendations of this report.

We anticipate that site grading will probably consist of significant cuts of 12 feet and less, and fills of six feet and less to achieve the desired pad grades and to provide adequate gradients for site drainage.

WORK PERFORMED AND SUBSURFACE CONDITIONS
On February 1, 2016, we visually observed the shallow subsurface conditions in the vicinity of the proposed building envelopes and driveway alighnment by excavating four exploratory test pits (TP-1 through TP-4) with a track mounted excavator to depths between two and four feet below the existing ground surface. TP-1 was excavated in the vicinity of the proposed swimming pool, TP-2 was excavated in the southern area of the residence building envelope, TP-3 was excavated along the proposed alignment of the new driveway and TP—4was excavated in the northeast area of the residence building envelope. Our exploratory test pits generally encountered colluvial soil deposits underlain by bedrock deposits of the Sonoma Volcanics Series that extended to the maximum explored depths.

However, at the surface of TP-t, our exploration encountered artificial fill Agenda Item #8.3:

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consisting of silty sands that extended to a depth of three feet below the existing ground surface. The artificial fill appeared moist to very moist, moderately compacted, and fine to coarse grained. At the surface of TP-2 through TP—4,our exploration encountered colluvial soils consisting of sandy silts that extended to depths between one and two and one-half feet below the existing ground surface. The colluvial sandy silts appeared moist to very moist, soft to medium stiff and exhibited low (Pl=11) to medium (Pl=23) plasticity characteristics. Underlying the artificial fill and colluvial soils, our exploration encountered volcanic bedrock deposits of the Sonoma Volcanics Series. The bedrock appeared slightly hard to hard, moderately strong and moderately weathered.

Shallow groundwater seepage was encountered in a bedrock fracture in TP-4 at a depth of two feet below the existing ground surface during our field exploration on February 1, 2016. No groundwater or seepage was encountered in the other test pits. However, seepage within the upper soil layers and bedrock fractures should be anticipated in the winter and early spring, and may vary depending on the amount of rainfall.

CONCLUSIONS
Based on the results of our investigation, it is our professional opinion that the project is feasible from a geotechnical standpoint provided the recommendations contained in this report are followed. The primary geotechnical consideration in design and construction is the presence of weak, compressible and moderately expansive surface soils.

As previously mentioned, the surface soils are weak and compressible, and are not suitable for support of fills, foundations, or slabs. Furthermore, based on our visual observations, laboratory testing (Pl=23) and experience with similar soils at nearby sites, the native soils in the vicinity of the proposed residence are considered to have a moderate expansion potential. Shrinking and/or swelling of these soils due to loss or increase of moisture content can cause irregular and excessive ground movement and distress and damage to foundations and slabs. Below the weak and moderately expansive native soils are competent bedrock deposits considered incompressible for the anticipated foundation loads. Therefore, the foundations should extend through the weak surface soils and into the underlying bedrock. This can be accomplished with a spread footing foundation.

It is our understanding that concrete slabs-on-grade will be utilized in living areas. Therefore, the slabs should be supported entirely on bedrock or entirely on compacted, low to non-expansive engineered fill of relatively uniform thickness or structurally designed. Under no circumstances should the conventional slabs be constructed across a cut-fill transition.

Agenda Item #8.3:

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Furthermore, concrete slabs-on-grade should be provided with underslab drains to prevent hydrostatic uplift and control seepage, as shown on Plate 1.

It is our understanding that the proposed swimming pool will be constructed below existing grade. Therefore, we anticipate that the excavation will remove the unsuitable soils and expose bedrock adequate for support of the pool shell.

The following sections provide geotechnical recommendations and design criteria for construction.

EARTHWORKAND GRADlNG
We anticipate that site grading will probably consist of cuts and fills on the order of six feet and less to achieve the desired pad grades and to provide adequate gradients for site drainage.
a. Stripping. Structural areas should be stripped of the surface vegetation, old fills, debris, underground utilities, etc. These materials should be moved off site; someof them, ifsuitable could be stockpiled for later use in landscape areas. Septic tanks and leach fields, if encountered, should be abandoned according to regulations as set forth by the County of Sonoma Health Department. Voids left from the removal of utilities or other obstructions should be replaced with compacted engineered fill under the observation of the project geotechnical engineer. b. Excavation and Compaction. Following site stripping, areas to receive fill should be prepared by removing the weak soils and exposing firm bedrock as determined by the geotechnical engineer in the field during construction. Areas that are scheduled to receive fillshould be scarified to a minimum depth of eight inches, moisture conditioned to a moisture content at least two percent over optimum moisture content, and recompacted to at least 90 percent of the maximum dry density as determined by ASTM D-1557 test procedures.

Where fill is required on slopes steeper than 5H:1V, the soil mantle and any weak material should be removed and these areas should be positively benched horizontally into bedrock as determined by the geotechnical engineer in the field during construction in conjunction with fillplacement.

The maximum height of benches should be reviewed by the geotechnical engineer. A key will be required at the toe of all fill Agenda Item #8.3:

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embankments. Observation should be provided by the geotechnical engineer to determine where these keys should be constructed. All keys should be a minimum of ten feet in width and extend at least two feet into bedrock as measured on the downhill side. The materials excavated during keyway construction and benching may be used as engineered fill. Subdrains should be installed in all the keys as determined by the geotechnical engineer in the field during construction.

The subdrain should consist of a heavy walled, four inch diameter, perforated pipe sloped to drain to outlets by gravity, and of clean, free draining, three-quarter to one and one-half inch crushed rock or gravel. The depth of the subdrain should extend at least 12 inches below the bottom of the keyway. A drainage filter cloth should be placed between the soil and the drain rock or Class II permeable material be used in lieu of the filter fabric and drain rock.

All fill material should be placed and compacted in accordance to the recommendations presented in Table 1. it is recommended that any import fill to be used on site be of a low to non-expansive nature and should meet the following criteria:

Plastic index less than 12
Liquid Limit less than 35
Percent Soil Passing #200 Sieve between 15% and 35%
Maximum Aggregate Size 4 inches
The existing on-site soils, free of organics and rocks larger than six inches in dimension, are suitable for use as compacted engineered fill. All fills should be placed in lifts no greater than eight inches in loose thickness and compacted to the general recommendations provided for engineered fill.

TABLE 1

SUMMARYOF COMPACTIONRECOMMENDATIONS
Area Compaction Recommendations*
General Engineered Fill
(import)
in lifts, a maximum of eight inches loose thickness, compact to a minimum of 90 percent relative compaction at or near optimum moisture content.

General Engineered Fill
(Native)
ln lifts, a maximum of eight inches loose thickness, compact to 90 percent relative compaction at least two percent over optimum moisture content.
*All compaction requirements stated in this report refer to dry density and moisture content relationships obtained through the laboratory standard described by ASTM D~1557-91 A representative of PJC should observe all site preparation and fill placement. it is important that during the stripping, grading and scarification processes, a representative of our firm be present to Agenda Item #8.3:

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observe whether any undesirable material is encountered in the construction area.

Generally, grading is most economically performed during the summer months when on site soils are usually dry of optimum moisture content. Delays should be anticipated in site grading performed during the rainy season or early spring due to excessive moisture in on-site soils. Special and relatively expensive construction procedures should be anticipated if grading must be completed during the winter and early spring.

Cut and fillslopes should be no steeper than two horizontal to one vertical (2H21W. Steeper slopes should be retained. Disturbed slopes should be planted with deep rooted groundcover to reduce and control erosion.

5. FOUNDATIONS: SPREAD FOOTINGS
a. Vertical Loads. The structures may be adequately supported by a spread footing foundation extending through the weak soils and at least 12 inches into bedrock. Allfootings should be reinforced. The recommended soil bearing pressures, depth of minimum
embedment, and minimum widths of spread footings are presented in Table 2. The bearing values provided have been calculated assuming that all footings uniformly bear on undisturbed bedrock.

TABLE 2

FOUNDATION DESIGN CRITERIA
Footing Type Bearing Minimum Minimum
Pressure Embedment Width
(Psf)* (in)** (in)
Continuous Wall 3000 12 12
Isolated Column 3500 12 18
*Dead plus live load
** Into bedrock
The allowable soil bearing pressures are net values. The weight of foundation may be neglected when computing dead loads.

Allowable soil bearing pressures may be increased by one-third for transient loads such as wind and seismic.

We recommend that the footing excavations not be left open longer than necessary and should be maintained in a moist condition at all times.

Lateral Loads. Resistance to lateral forces may be computed using friction or passive pressure. A friction factor of 0.40 is considered Agenda Item #8.3:

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appropriate between the bottom of concrete structures and the bearing soils. A passive pressure equivalent to that exerted by a fluid weighing 400 pounds per square foot per foot of depth (psf/ft) may be used. Unless restrained at the surface, the upper six inches of bedrock should be neglected for passive resistance. There should be at least seven feet of horizontal confinement between the bottom of the footing and the face of the nearest slope.

Footing concrete should be placed neat against bedrock. Footing excavations should not be allowed to dry before placing concrete. lf shrinkage cracks appear in the footing excavations, the bearing material should be thoroughly moistened to close all cracks prior to concrete placement.

0. Settlement. Total settlement of individual foundations will vary depending on the width of the foundation and the actual load supported. Foundation settlements have been estimated based on the bearing values provided. Maximum settlements of shallow foundations designed and constructed in accordance with the preceding recommendations are estimated to be less than one—half inch. Differential settlement between similarly loaded, adjacent footings are expected to be less than one-quarter of one inch. The majority of the settlement is expected to occur during construction and placement of dead loads.

The geotechnical engineer should observe the bearing surfaces of the spread footings after the cleaning and prior to placement of concrete and steel to assess the conditions of the foundation bearing materials.

SLABS—ON-GRADE
Allslabs-on-grade should be constructed entirely on bedrock or entirely on compacted, engineered fill of relatively uniform thickness or structurally designed. Under no circumstances should conventional slabs be constructed across a cut-fill transition. Allslabs should be supported on at least four inches of clean gravel or crushed rock to provide a capillary moisture break and provide uniform support for the slab. The rock should be graded so that 100 percent passes the one inch sieve and no more than five percent passes the No. 4 sieve.

We recommend that the gravel be placed as soon as possible after compaction of the subgrade to prevent drying of the subgrade soils. Ifthe subgrade is allowed to dry out prior to slab-on-grade construction, the subgrade soils should be moisture conditioned by sprinkling prior to concrete placement.

Agenda Item #8.3:

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We recommend that slabs be at least four inches thick and designed and reinforced as determined by the project structural engineer. Special care should be taken to insure that reinforcement is placed at the slab midheight.

For slabs-on-grade with moisture sensitive surfacing, we recommend that an impermeable membrane be placed over the rock to prevent migration of moisture vapor through the concrete slab. Furthermore, concrete slabson-grade should be provided with underslab drains to prevent hydrostatic uplift, as shown on Plate 1.

RETAININGWALLS
Retaining walls free to rotate on the top and supporting a level backfill may be designed to resist an active equivalent fluid pressure of 40 pcf acting in a triangular pressure distribution. Retaining walls restrained at the top may be designed to resist an “at rest” equivalent fluid pressure of 60 pcf acting in a triangular pressure distribution. These pressures do not consider surcharge loads resulting from adjacent foundations, traffic loads or earthquake loads. If additional surcharge loading is anticipated, we can assist in evaluating their effects.

We recommend that a backdrain be provided behind all retaining walls or that the walls be designed for full hydrostatic pressures. The backdrain should consist of a heavy walled, four inch diameter, perforated pipe sloped to drain to outlets by gravity, and of clean, free-draining, threequarter to one—inch crushed rock or gravel. The crushed rock or gravel should extend to within one foot of the surface. The upper foot should be backfilled with compacted, fine grained soil to exclude surface water intrusion. A drainage filter cloth should be placed between the on-site native material and the drain rock, or Class II permeable material should be used in lieu of filter fabric and drain rock.

We recommend that the ground surface behind the retaining walls be sloped to drain. Under no circumstances should the surface water be diverted into back drains. Where migration of moisture through walls would be detrimental, the walls should be waterproofed.

RETAININGWALLS-SEISMICLOADING
PJC has performed analysis to estimate the anticipated dynamic load due to seismic shaking on retaining walls at the site. Based on our pseudostatic analysis, the walls should be designed for a dynamic lateral force equivalent to a uniform point load, Pe, as determined by the following equation:

Agenda Item #8.3:

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10. 11.

Pe=7.8*H2
Where:

H = height of retaining wall in feet
Pe = pseudostatic seismic loading in lbs/ft
The pseudostatic force, Pe should be applied at a distance of (2/3)*H above the base of the retaining wall.

POOL RETAININGWALLS
Cantilever retaining walls should be designed to resist an “at rest” lateral soil pressure of 60 pct. That portion of the pool extending above grade should be designed for outward pressure of 62 pct. Active lateral pressures on the walls may be resisted by passive pressure on the footings and friction of the pool shell on the supporting bedrock.

POOL SHELL
The pool shell should be supported entirely on competent bedrock as determined by the geotechnical engineer in the field during construction and be underlain by a four inch layer of compacted clean gravel or crushed rock. The underlying subgrade should be moisture conditioned to over optimum moisture content and maintained in a moist condition until gunite placement. Furthermore, due to the sloping topography, we recommend that an outlet drain be provided in the drain rock to prevent hydrostatic uplift and the build up of hydrostatic pressures.

The pool shell should be at least six inches thick and should be reinforced as determined by the project structural engineer.

SEISMIC DESIGN
Geologic structures in the region are primarily controlled by northwest trending faults. No known active fault passes through the site. The site is not located in the Alquist-Priolo Earthquake Fault Studies Zone. Based on the data reviewed, it is concluded that the project site could be subjected to seismic shaking resulting from earthquakes on the active faults primarily in the Coast Ranges. For design, a site class type D, and spectral accelerations of 83 of 1.50 g and S1of 0.60 g are recommended.

Agenda Item #8.3:

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12. 13.
1O

DRAINAGE
We recommend that the roofs be provided with gutters and that the downspouts be connected to closed conduits discharging to a designated area away from foundations and slopes. Surface water should be channeled away from slopes and foundations.

We recommend that foundation subdrains be placed adjacent to all foundations, except the downhill side. The foundation subdrains should extend at least 12 inches below the interior subgrade. The bottom of the trench should be sloped to drain by gravity and lined with a few inches of three quarter to one and a half inch-drain rock. The subdrain should consist of a heavy walled, four inch diameter, perforated pipe sloped to drain to outlets by gravity. The trench should then be backfilled to within six inches of finished surface with drain rock. The upper few inches should consist of compacted soil to reduce surface water inclusion. We recommend that a drainage filter cloth be placed between the soil and the drain rock or Class II permeable material may be used in lieu of the filter fabric and drain rock.

Roof downspouts and surface drains must be maintained entirely separate from the foundation subdrains. The outlets discharge onto erosion resistant areas.

LIMITATIONS
The data, information, interpretations and recommendations contained in this report are presented solely as bases and guides to the geotechnical design for the residence located at on Fourth Street East in Sonoma, California. The conclusions and professional opinions presented herein were developed by PJC in accordance with generally accepted geotechnical engineering principles and practices. No warranty, either expressed or implied, is intended.

This report has not been prepared for use by parties other than the designers of the project. It may not contain sufficient information for the purposes of other parties or other uses. if any changes are made in the project as described in this report, the conclusions and recommendations contained herein should not be considered valid, unless the changes are reviewed by PJC, and the conclusions and recommendations are modified or approved in writing. This report and the figures contained herein are intended for design purposes only. They are not intended to act, by themselves, as construction drawings or specifications.

Soil deposits may vary in type, strength, and many other important properties between the points of observation and exploration. Additionally, Agenda Item #8.3:

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11 changes can occur in groundwater and soil moisture conditions due to seasonal variations, or for other reasons. Therefore, it must be recognized that we do not and cannot have complete knowledge of the subsurface conditions underlying the subject site. The criteria presented are based upon the findings at the points of exploration and upon interpretative data, including interpolation and extrapolation of information obtained at points of observation.

14. ADDlTlONALSERVICES
Upon completion of the project plans, they should be reviewed by our firm to determine that the design is consistent with the recommendations of this report. Observation and testing services should also be provided by PJC to verify that the intent of the plans and specifications is carried out during construction; these services should include observing the foundation excavations, field density testing of fill, and installation of the subsurface drainage facilities.

These services will be performed only if PJC is provided with sufficient notice to perform the work. PJC does not accept responsibility for items that they are not notified to observe.
it has been a pleasure working with you on this project. Please call us if you have any questions regarding the results of this investigation, or if we can be of further assistance.

Sincerely,

PJC &ASSOCIATES
37%
Donald A. Whyt
Project Geologist
PG 9109 California
Ant n J. ' ' G t hnical Engineer
GE 50, California
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. _ SLAB-ON-GRADE
FIRM SOIL/ROCK 4' DIAMETER
FLOOR . SUBGRADE
PERFORATEDPIPE.
(as: me 1) $5?33%”?m"
I \ 20 FT. MAXIMUMINTERVALS I
Notes:

1. PERFORATED PIPE (PVC OR EQUIVALENT) SHOULD BE
PLACED WITH PERFORATIONS DOWN. THE PIPE SHOULD

BE SLOPED FOR GRAVITY FLOW AND OUTLET THROUGH
SOLID PIPE TO SUMPS.

DRAIN ROCK SHOULD BE AT LEAST 4” THICK AND A
MINIMUM OF 10” WHERE PIPES ARE LOCATED. THE DRAIN
ROCK SHOULD BE ‘/2OR 3/:INCH DRAIN ROCK ON FILTER
FABRIC OR CONSIST OF CLASS II PERMEABLE MATERIAL.

PJC & Associates, Inc_ SLAB UNDERDRAINSYSTEM

W PROPOSED RESIDENCE

FOURTH STREET EAST

SONOMA, CALIFORNIA
Consulting Engineers & Geologists
mi" N": $1203.01
Agenda Item #8.3:

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SETTLEMENT AGREEMENT AND RELEASESETTLEMENT AGREEMENT AND RELE This Settlement Agreement and Release (This Settlement Agreement and Release ( “Agreement “ ”Agreement ”), dated ), dated as of as of the date all parties the date all parties sign this Agreementsign this Agreement (the (the ““Effective Date”Effective Date ”) is entered into by and among the City of So) is entered into by and among the nomanoma (“(City “ City ””), So), So nomanoma City Council (“City Council ( “City CouncilCity Council ””), (collectively, ), (collectively, ““RespondentsRespondents ””or or ““CityCity ””); ); California Renters Legal Advocacy California Renters Legal Advocacy and Ed a nd Ed ucation Fund (“ucation Fund ( “California RentersCalifornia Renters ””) ) San Francisco San Francisco Bay Area Renters FederationBay Area Renters Federation (“( “SF BARF”SF BARF ”), ), Sonja Trauss (“Sonja Trauss ( “TraussTrauss ””),),Victoria Fierce Victoria Fierce (“( “Fierce”Fierce ”),),227 Brazil Development LLC227 Brazil Development LLC (“( “227 Brazil227 Brazil ””), 228 Brazil Development LLC ) , 228 Brazil Development LLC (“( “222288 BrazilBrazil ””) ) and N. William Jasper, Jr., individually and as Trustee of the N.W. Jasper Jr. 2004 and N. William Jasper, Jr., ind Irrevocable TrustIrrevocable Trust (“( “Jasper”Jasper ”))(collectively, (collectively, ““PetitionersPetitioners ””). ) . Each of the Petitioners Each of the Petitioners and and RespondentsRespondents are individually referred to herein as a "are individually referred to herein as a " Party,Party, " and collectively referred to as the " and collectively referred ""PartiesParties ." ."

RECITALSRECITALS
A.A. Petitioners Petitioners and Respondents and Respondents are parties to an action pending in are parties to an action pending in SonomaSonoma County Superior County Superior Court entitled Court entitled California RentCalifornia Rent ers Legal Advocacy and Education Fund,ers Legal Advocacy and Education Fund, et al. v. City of Sonoma, et al. v . City of Sonoma, et al.et al. , , SonomaSonoma County Superior Court case no. County Superior Court case no. SCV 26216SCV 26216 (the (the ““ActionAction ””).).

B.B. On or about August 15, 2016, Jasper submitted to the City applicationsOn or about August 15, 2016, Jasper submittsfor use permitfor use permit ssto to construct homesconstruct home sto be located at 149 Fourth Street Eastto be located at 149 Fourth Street East and 228 Brazil Street and 228 Brazil Street in the City ofin the City of Sonoma. Sonoma . (the (the ““149 Fourth Street East Application149 Fourth Street East Application ” and the “22” and the “ 2288Brazil Street ApplicationBrazil Street Application ..”) ” ) On or about April 4, 2017, Jasper submitted revised applications for On or about April 4, 2017, Jasper submitted revised appr the homes to be located atthe homes to be located at 149 Fourth Street East and 228 Brazil Street, and an application for a use permit to construct a 149 Fourth Street East and home to be located at 227 Brazil Street in the City of Sonoma (the “home to be located at 227 Brazil Street in the City of So“227 Brazil Street 227 Brazil Street Application.”Application. ”) The) The 149 Fourth Street East Application, 228 Brazil Street Application and 227 149 Fourth Street East A pplication, 228 Brazil Stre Brazil Street Application are referred to collectively herein asBrazil Street Application are referred to collectively herein a““the Applicationsthe Applications .”149 Fourth .”149 Fourth Street East, 227 Brazil Street and 227 Brazil Street are collectively referred to herein as “the Street East, 227 Brazil Street and 2“the Sites.”Sites. ”
CC. . OnOnAugust 10, 2017 and September 14, 2017, the City Planning Commission approved August 10, 2017 and September 14, 2017, the City Planning Commis the Applications. the Applications. Appeals of the Planning Commission approvals were A ppeals of the Planning Commission approvals were subsequently filed by subsequently filed by members of the public. members of the public. OnOnMay 30, 2018, May 30, 2018, the City Council the City Council upheld the appeals, upheld the appeals, adoptadopt inging Resolution No.Resolution No. 3131-2018, - 2018, in in which which the City the City denied the Applications.denied the Applications.

D.D. On June 29, 2018, Petitioners filed the Action, challenging the City’s denial of the On June 29, 2018, Pet Applications.Applications. On August 1, 2019, the Court sustained the City’s Demurrer with leave to amend to On August 1, 2019, the Court sustained the City’r with leave to amend to the First and Second Causes of Action pleaded in the Action. Thereafter, onthe First and Second Causes of Action pleadSeptember 4, 2019, September 4, 2019, Petitioners filed a First Amended Complaint in the Action.Petitioners filed a First Amended Complaint in the ActiOn January 2, 2020, the Court On January 2, 2020, th sustained the City’s Demurrer without leave tosustained the City’s Demurrer without leave to amend to the First, Second and Third Causes of amend to the First, Seco Action in the First Amended Complaint.Action in the First Amended Complaint.

E.E. JasperJasper now desires to submit for approval by the City now desires to submit for approval by the City a a revised r evised application forapplication for a a use use permit to construct permit to construct a a home to be located athome to be located at the the 149 Fourth Street East149 Fourth Street East sitesite , APN, APN 018018 -051 - 051 -014 - 014 -- 000000 (aka Lot 2.(aka Lot 2 .) ) 227 Brazil Development 227 Brazil Development LLCLLC desires to submit for approval a revised desires to submit for approval a re application for a use permit to construct a home to be located at the 227 Brazil Street application for a use permit to construct a home to be l227 Brazil Street site,site ,APN APN 018018 -051 - 051 -016 - 016 -000 - 000 (aka Lot 4.) (aka Lot 4.) 228 Brazil Development LLC desires to submit for approval a 228 Brazil Development LL Agenda Item #8.3:

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revised revised application for a application for a use permit to construct a home to be located at the 228 Brazil Street site use permit to construct a home to be located at , the 228 Brazil Street site , APN 018APN 018 -051 - 051 -015 - 015 -000 - 000 (aka Lot 3)(aka Lot 3) ((collectively, collectively, the the ““Revised ApplicationsRevised Applications ””). ). Jasper, 227 Jasper, 227 Brazil Development LLC Bra zil Development LLC ,,228 Brazil Development LLC228 Brazil Development LLC , and their successors and assigns, and their successors and assignare are collectively referred to as “collectively referred to as the Applicants. “ the Applicants. ” ” The Revised Applications are described in The Revised Applications are descSection Section 77, below., below.

F.F. By this Agreement, the intent of the Parties is to enter intBy this Agreement, the intent of the Parties is to enter int o a full and complete release and o a full and complete rel settlement of all claims related to or arising out of the Actionsettlement of all claims related to or arising out of the Action , the , the Applications, the Revised Applications, the Revised Applications, and the Sites,Applications, and the Sites, under the terms and conditions set forth herein. under the terms and conditions set forth herein Now therefore, with reference to the foregoing recitals, which are incorporated into this Now therefore, with reference to the foregoing recitals, which are incorporated in Agreement, and for good and valuable consideration, sufficiency of which is hereby Agreement, and for good and valuabl acknowledged, the Parties agree as follows:acknowledged, the Parties agree as follows:

TERMS AND CONDITIONSTERMS AND CONDITIONS

1.1. Joint Request for StayJoint Request for Stay
The Parties agree that, within seven business days after the Effective Date, The Parties agree that, within seven business days after the Effective Date, the Parties shall the Parties shall jointly submit a request to the jointly submit a request to the SonomaSonoma Superior Court to stay the ActionSuperior Court to stay the Action pending pending a decision a decision by by the City Council othe City Council o nnthe Rthe Revised Applicationsevised Applications ..

2.2. Dismissal of ActionDismissal of Actio n
Respondents are under no obligation to begin processing the Revised Applications until after the Respondents are under no Settlement Agreement is signed by all PartiesSettlement Agreement is signed by all Parties ..If the Revised Applications are approved by the I f the Revised Applications City Council, City Council, and no Objection Notice is timely delivered pursuant to Section and no Objection Notice is timely delivered pur suant to Section 4(B), below, 4(B) , below, Petitioners shall file and serve a Request for Dismissal of the entire Action with prejudice within Petitioners shall file and seven seven business business days after the Citydays after the City Council’sCouncil’s finalfinal decision on the Revised Applicationsdecision on the Revised Applicatio..

3.3. CityCity DiscretionDiscretion
All PartiesAll Parties acknowledge that nothing in this Agreement obligates the City to exercise its acknowledge that nothing in this discretion discretion regarding the Revisedregarding the Revised ApplicationApplication ssin any particular manner; that the City may not in any particular manner; tha commit to planning approvals by contract; and that the City makes no representationcommit to planning approvals by contregarding regarding its ability or willingness to approve the its ability or willingness to approve the Revised Applications. Revised Applications. The City Council will The City Council will considerconsider the the RRevisedevised ApplicationsApplications atatone or more duly noticed public hearing one or more duly noticed public hearing ss. .

4.4. Petitioners’ Petitioners’ Waiver and ReleaseWaiver and Release A.A.Provided that no Objection Notice is timely dProvided that no Objection Notice is timely d elivered pursuant to Selivered pursuant to Section 4(B) ection , below, 4(B) , below, immediately upon the City’s immediately upon the City’s final final approval of the Revised Applicationsapproval of the Revised Applicatiat a duly at a duly noticed public hearingnoticed public hearing ,,Petitioners, and each of them, as well as their representatives, Petitioners, and each of bona fide purchasersbona fide purchasers , , membersmembers , officers, directors, managers, employees, agents, , officers, directors, m contractors, contractors, affiliates, affiliates, successors, successors, assigns, assigns, creditors, creditors, heirs, executors, executors, and administrators, will and shall be deemed to release, waive all claims against and forever administrators, will and discharge the City and City Councildischarge the City and City Council , and each of their members, officers, managers, , and each of their mem Agenda Item #8.3:

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employees, agents, contractors, affiliates, successors, assigns, creditors, attorneys, employees, agents, con heirs, executors, and administrators, from any and all claims for damages, equitable heirs, executors, and ad relief, actions for a writ of mandate, demands, causes of action, damages, liabilities, relief, actions for a writ of manda te, demands, causes of and obligations, of whatever description or nature, arising out of, directly or indirectly, and obligations, of what or relating in any manner to the following, whether individually or collectively: the or relating in any mann Action, the Applications,Action, the Applications, the Revised Applications, including but not limited to any the Revised Application claims for compensation, indemnity, entitlements, reversionary interests, severance claims for compensatio damages, damages, special special damages, damages, inverse inverse condemnation condemnation damages, damages, interest, interest, litigation litigation expenses, attorneys' fees, and costexpenses, attorneys' fees, and cost s, whether now known or unknown, s, whether now known or unknown and whether now , and whether now existing or later arisingexisting or later arising ..

B.B.If the Revised Applications are denied, denied in part, or approved with conditions If the Revised A pplications are denied, unacceptable to unacceptable to one or more of one or more of the Applicantthe Applicant ss, the , the stay may be lifted and the stay may be lifted and the Action Action may be revimay be revi vedved ..If the City Council denies or denies in part the Revised Applications, If the City Council deni or approves them with conditions unacceptable to one or more of or approves them with conditions unacceptable to the Applicant one or more of the Applicant s, within s, within sevenseven calendar days of the Council rendering its calendar days of the Council rendering its final final decisiondecision , the, the dissatisfied dissatisfied ApplicantApplicant (s(s))shall deliver a written notice shall deliver a written notice (the “Objection Notice”) (the “Objection Notice”) to the other Parties to the other Parties describing the reasons for dissatisfaction and stating that the dissatisfied describing the reasons for dissatisApplicant Applicant intends to request the Sonoma Superior Court intends to request the Sonoma Superior Court to to lift the stay. Within seven calendar lift the stay. Within sev days of receiving days of receiving the the Objection Notice, Objction N otice, any Party may submit a requestany Party may submit a request to lift the stayto lift the stay to the Sonoma to the Superior Court Sonoma Superior Court ..A Party's failure to (i) timely deliver an Objection Notice A Party's failure to (i) timely deliver an Obje and/or (ii) request to the Sonoma Superi and/or (ii) request to the Sonoma Superi or Court that the stay be lifted within said or Court that the stay be lifted withisevenaid seven calendar days shall constitute a waiver of that Party's right to revive the Action.calendar days shall constitute a C.C.IfIfthe stay is lifted, the Action will resume with the Parties' rights, causes of action and the stay is lifted, the Act defenses intact and as they were defenses intact and as they were immediately immediately prior to the stayprior to the stay , except that Petitioners , except that Petitioners agree that they will not agree that they will not further further amendthe Petition on file in the Actionamend the Petition on file in the Act..ThThe Parties e Parties agree that agree that no part of the administrative record for the Revised Applications, including no part of the administra but not limited to thebut not limited to the review process for the Revised Applications review process for the Revised Applications ,,willwill become part of become part of the administrative record the administrative record prepared in prepared in the Actionthe Action or will be introduced into evidence in or will be introduced int the Actionthe Action ..

D.D.RRegardless egardless of the outcome of the processing of the Revised Applications and the City of the outcome of the pr Council’s decision rendered in connection therewith, Council’s decision rendered in connection therewith, Petitioners, and each of them, as Petitioners, and each of well as their representativeswell as their representatives , , bbona fide purchasersona fide purchasers , , members,members, officers, directors, officers, directors, managers, employees, agents, contractors, affiliates, successors, assigns, creditors, managers, employees, heirs, executors, and administrators, will and shall be deemed to release, waive all heirs, executors, and ad claims against and forever discharge the City and City Council, and each of their claims against and forever dischar ge the City and City C members, officers, managers, employees, agents, contractors, affiliates, successors, members, officers, man assigns, creditors, attorneys, heirs, executors, and administrators, from any and all assigns, creditors, attorn claims for damages, equitable relief,claims for damages, equitable relief, actions for a writ of mandate, demands, causes of actions for a writ of man action, damages, liabilities, and obligations, of whatever description or nature, arising action, damages, liabilit out of, directly or indirectly, or relating in any manner to the following, whether out of, directly or indi individually or collectively: tindividually or collectively: t he Revised Applications, including but not limited to any he Revised Applications claims for compensation, equitable relief, declaratory relief, and writ relief, claims for compensation, indemnity, equitable relief, declaratory relief, aindemnity, entitlements, reversionary interests, severance damages, special damages, inverse entitlements, reversiona condemnation damages, intcondemnation damages, int erest, litigation expenses, attorneys' fees, and costs, whether erest, litigation expenses now known or unknownnow known or unknown , and whether now existing or later arising, and whether now existing or later arising ..

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5.5. Civil Code Section 1542Civil Code Section 1542
The Parties intend this Agreement to be and to constitute a full general release and to constitute a The Parties intend this A full and final accord and satisfaction extending to all claims arising out of or relating to the f ull and final accord and satisfa following, whether individually or collectively: the Action, the Applications, and following, whether individually or collectiveand the Revised the Revised Applications, whether the same are known, unknown, suspected, anticipated, unsuspected, or Applications, whether the sa unanticipated. Accordingly, unanticipated. Accordingly, PetitionersPetitioners ,,by signing this Agreement, agree and warrant that each by signing this Agreemen of them it has read, understood, and expressly releases and waives the provisions of California of them it has read, understood, and expressly releases and waives the provisions o Civil Code Section 1542, which reads as follows: Civil Code Section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS A GENERAL RELEASE DOES NOT EXT

THAT THE CREDITOR OR RELEASING PARTY DOES NOT THAT THE CREDITOR OR RELEASIN

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT KNOW OR SUSPECT TO EXIST IN HI

THE TIME OF EXECUTING THE RELEASE, AND THAT IF THE TIME OF EXECUTING THE RE LEASE, AND THAT IF

KNOWN BY HIM OR HER WOULD HAVE MATERIALLY KNOWN BY HIM OR HER WOULD HAV

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR AFFECTED HIS OR HER SETTLEME OR RELEASED PARTY.OR RELEASED PARTY.

6.6. Revised Application Submittal ProcessRevised Application Submittal Process The Applicants shall submit The Applicants shall submit all of the all of the complete Revised complete Revised Applications Applications without undue delay. without undue delay .

Within 30 days W ithin 30 days of receiving all of of receiving all of what what the Applicants contend are the Applicants contend are the complete the complete Revised Revised Applications, the City shall provide Applications, the City shall provide to Petitioners to Petitioners written comments written comments regarding whether regarding whether each of each of the Revised Applications the Revised Applications isiscomplete. complete. The plan submittal The plan submittal (and review for(and review for completeness) completeness) process process for the Revised Applications, including all documentation required, shallfor the Revised Applications, including all documotherwiseotherwise be consistent be consistent with the City’s usual practiceswith the City’s usual practices and the Permit Streamlining Actand the Permit Streamlining Act ..

7.7. Content of theContent of the Revised ApplicationsRevised Applications Applicants agree to submit Applicants a gree to submit aaRevised Application for Revised Application for no more than no more than 5000 square feet of 5000 square feet of lot pad lot pad gradinggrading eacheach for the 227 Brazil Streetfor the 227 Brazil Street SiteSite and the and 228 Brazil Street the 228 Brazil Street Site,Site, and no more than and 11,000 no more than 11,000 square feet square feet of lot pad of lot pad gradinggrading for the 149 Fourth Street East for the 149 Fourth Street East Site. Site. None of the buildings located None of the buildings lo on any of the three on any of the three Sites Sites will have second storieswill have second stories (but may be tiered, consistent with the (but may be tiered, co Applications). All buildings on the three Applications) . All buildings on the three Sites Sites will be stepped down the hillside. Any pools wilwill be stepped down the l l be included in the calculation of lot pad be included in the calculation of lot pad grading. grading . For purposes of this Agreement, “LFor purposes of this Agreementot L ot PPad ad Grading G rading ” means” means the aggregate of all graded areas on each the aggregate of all graded areas on each Site:Site :the the groundground -floor building area, - floor building area, terraces, decks, patios, pools, paved/graded uncovered parking areas, and graded yards, but terraces, decks, patios, excluding excluding drivesdrives , planters, and walkways, planters, and walkways ..

TheThe Applicant A pplicant sswill work collaboratively with staff on redesignwill work collaboratively with staff on redesign . The Revised Applications. The Revised Applications wiwi ll ll be heard and decided be heard and decided only only by the City Council. by the City Council.

8.8. Environmental Consultant Review Environmental Consultant Review and Recommendationand Recommendation The City will use best efforts to hire an environmental The C ity will use best efforts to hire an environmental consultant within consultant within 45 days after the 45 days after the Effective Date. Effective Date. The City shall solicit proposals from at least three environmental consultants to The City shall solicit prop examine the environmental impacts of the projects proposed in the Revised examine the environmental impacts of the projects proposethe Revised ApplicationsApplications . . Any Any Agenda Item #8.3:

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commentscomments about about a proposed proposed environmental consultant environmental consultant from the Applicantfrom the Applicant ssshall be provided to shall be provided to the City’s Planning Directorthe City’s Planning Director within within 1414calendar calendar days after days after receipt by the Applicantreceipt by the Applicant ssof the of the consultantconsultant ss’’proposalproposal ss..The decision about which consultant to select shall be made by the City. The decision about which TheThe City will City will require each require each consultant to include a “not consultant to include a “not to exceed” to exceed” costscosts /fee/fee ceiling in ceiling in his/her/its his/her/its proposal.proposal.

The environmental consultant will determine whether any existing expert or other reports and The environmental consult documentation may be used in connection with environmental reviewdocumentation may be used in connection with envirof the Revised of the Revised Applications.Applications. The City shall follow its usual practices regarding contacts with the consultantThe City shall follow its usua..No No City Council member shall attempt to influence the consultant’s determination prior to the City Council member shall atte consultant presenting such determination.consultant presenting such determination.

9.9. Cost of Cost of ReviewReview
The The ApplicantApplicant sswill fully reimburse the City for will fully reimburse the City for all reasonable and customaryall reasonable and customary staff time, staff time, consultants andconsultants and legal costs incurred in legal costs incurred in the environmentalthe environmental ,,Revised ApplicationsRevised Applications and and building building permitpermit review processreview process .. The The ApplicantApplicant ssagree toagree to enter the City’s cost recovery agreement and enter the City’s cost recoverpaypay to the Cityto the City an initial an initial , replenishable, replenishable deposit prior to the environmental deposit prior to the environmental or any other or any other consultant consultant performing any work on the Revised Applications. The amount of the deposit shall be the performing any work on the Re combined total of thcombined total of th e “not to exceed” estimate in the e “not to exceed” estimate in the selected selected environmentalenvironmental consultantconsultant ’s’s proposal, together with a reasonable estimate of City staff and legal proposal, together with a reasonable estimate of City staff and legal costs.costs.

10.10. Consideration of Revised ApplicationsConsideration of Revised Applications The City as the lead agency will determine the appropriate level of environmental review of the The City as the lead agency will determine the approprenvironmental review of t Revised Applications. The three Revised Applications shall be considered one “project” for Revised Applications. The th purposes of environmental review.purposes of environmental review. The City will follow all statutory and other CEQA The City will follow all statutory and other CEQA GuidelinesGuideline sand other required timeframes for the ci and other required timeframes for the ci rculation rculation and public review and public review of any of any and all and all environmental documentenvironmental document s related to the Revised Applicationss related to the Revised Applications . The City Council will consider . The City Council will con the Revised Applications at the Revised Applications at one or more duly noticed public hearing one or more duly noticed public hearing ss. . The City will use best The City will use best efforts to schedule the heefforts to schedule the he aring on the Revised Applications at the first available City Council aring on the Revised Applica meeting, after the expiration of all required public circulation and comments periodsmeeting, after the expiration of all req..

11.11. Building PermitsBuilding Permits
Applicants Applicants shall pay all applicable building departmentshall pay all applicable building department ,,building permit feesbuilding permit fees and all reasonable and all reasonable staff and other city expense incurred as part of the building permit review process.. Tstaff and other city expense incurred as he City . T he City will process and issue all building permits according to state and localwill process and issue all building permits according law, and will provide first law, and will provide firs plan review commenplan review commen ts within 30 days of submittal ofts within 30 days of submittal of complete complete building building plans.plans. Applicants will Applicants will submit any revised building plans within 30 days of receiving plan review comments. City will submit any revised buildin provide comments on revised plans within 20 days of receipt of revised plansprovide comments on revised plans within 20 , , and and Applicants Applicants will provide further revisions within 20 days of receipt of the City’s commentswill provide further revisions within 20 day..

12.12.IndemnificationIndemnification
Mr. JasperMr. Jasper agreesagree sto to personally personally defend (with counsel reasonably acceptable to the City), defend (with counsel indemniindemni fyf y, release, release and hold harmless the City, its agents, officers, attorneys, employees, boards and hold harmless the C and commissions (“indemnitees”) from any claim, action or proceeding brought against any of the and commissions (“inde Agenda Item #8.3:

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indemnitees, the purpose of which is to attack, set aside, void or annul the approval of the Revised indemnitees, the purpose of which is to attackroval of the Revised Applications or adoption of any environmental document which Applications or adoption of any environmental documenaccompaniesaccompanies any of them. This any of them. This indemnification shall include, but not be limited to, damages, costs, expenses, liabilities of any indemnification shall in sort, attorney fees or expert witness fees thsort, attorney fees or expert witness fees th at may be asserted or incurred byat may be asserted or incurred by any person or entity, any person or entity, including the Petitioners, third parties and/or the indemnitees, arising out of or inincluding the Petitioners, third parties andconnection with connection with the approval of the Revised Applications, whether or not there is concurrent, passive or active the approval of the Rev negligence on the ne gligence on the part of the indemnitees. This indemnification shall also include, but not be part of the indemnitees limited to, costs, expenses, and attorney fees or expert witness fees awarded against indemnitees limited to, costs, expens arising out of or in connection with the approval of the Revised Applications, whether or not there arising out of or in connection with the approval of the RevApplications, whether or is concurrent, passive or active negligence on the part of the indemnitees. is concurrent, passive or active negligence Once thirdOnce third -party - party litigation is filed, ulitigation is filed, u pon request by the City, Mr. Jasper will provide to the City within 20 days of pon request by the City, such request, a such request, a replenishable replenisha bledeposit of $deposit of $ 5050,000 towards the City’s reasonably anticipated ,000 towards the City’ litigation fees and costs.litigation fees and costs.

Nothing in this Nothing in this Settlement Agreement shall prohibit the City from participating in the defense of Settlement A greement shall prohibit th any any such such claim, action or proceeding. Inclaim, action or proceeding. In the event that the Applicant isthe event that the Applicant is required to defend the required to defend the indemniteesindemnitees in connection with any said claim, action or proceeding,in connection with any said claim, action or proceedinthe City shall retainthe City shall retain the the right to (i) approve the counsel to so defend the indemnitees, (ii) approve allright to (i) approve the counsel to so defend thsignificant decisionssignificant decisions concerning the matter in which the defense is conducted, and (iii) approve any and all concerning the matter in which the d settlements, which approvals shallsettlements, which approvals shall not be unreasonably withhelnot be unreasonably withhel d by the City.d by the City.

The City shall also have the right not to participate in its The City shall also have the right not to participate in itsdefense, except that the City agrees to defense, except that the Cit cooperate with thecooperate with the ApplicantApplicant ssin the defense of in the defense of anyany such such claim, action or proceeding. If the City claim, action or proceedin chooses to have counsel of its own defendchooses to have counsel of its own defend anyany suchsuch claim, action or proceeding where the claim, action or proceeding whe Applicant has already retained counsel to defend the City in such matters, the feesApplicant has already retained counsel tand expenses and expenses of the counsel selected by the City shall be paid by theof the counsel selected by the City shall be paid by the City; provided, however, that the fees and City ; provided, however, that costs incurred by the City Attorney in defending such claim, action or proceeding shall be costs incurr ed by the City Attorney in defen reimbursed (within 30 days of reimbursed (within 30 days of Applicants’Applicants’ receipt of an invoice therefor) to the City by receipt of an invoice therefor) to th ApplicantsApplicants under any and all circumstancesunder any and all circumstances ..

The ApplicantThe Applicant ssalso agree to so indemnify the indemnitees for all costs incurred in additional also agree to so indemnify th investigation or study, orinvestigation or study, or for supplementing, redrafting, revising or amending any document for supplementing, redrafting (e.g., (e.g., the CEQA document approved for the Revised the CEQA document approved for the Revised ApplicationsApplications ) if such is made nec) if such is made nec essary by essary by the claim, action or proceeding and if thethe claim, action or proceeding and if the ApplicantApplicant ssdesire approvals from the City which are desire approvals from the C conditioned on the approval of sconditioned on the approval of s uchuch documents. documents.

The conditions of approval pertinent to the Revised Applications shall include the aboveThe conditions of approval per-stated - stated indemniindemni ficationfication provision or a provision substantially similar to same.provision or a provision substantially similar to sam In the event the City must initiate proceedings to enforce the indemnification obligations stated in In the event the City mu this paragraph, Applicants shall indemnify the City for the City’s costs, fees and expenses incurred this paragraph, Applicants shall inds incurred in any such proceeding.in any such proceeding.

13.13. Code of Civil Procedure Section 664.6Code of Civil Procedure Section 664.6 The Parties agree that this Settlement Agreement is enforceable pursuant to the terms of Code of The Parties agree that thi Civil Procedure section 664.6.Civil Procedure section 664.6.

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14.14. Contribution to Affordable Housing Trust FundContribution to Affordable Housing Trust Fund The Applicants agree to make a $ The Applicants agree to make a $ 50,000 contribution to the City’s Affordable Housing Trust Fund 50,000 contribution to the City’ within 95 within days after issuance of 95 any das after issuance of any building permitbuilding permit s pursuant to this Settlement Agreement, or, if s pursuant to this Settleme the Applicants do not apply for any building permits pursuant tothe Applicants do not apply for any building permits pursthis Agreement, upon expiration this Agreement, upon ex of the deadline for applying for building permits, provided that no litigation is timely commenced of the deadline for apply challenging any approvals of the Revised Applications. challenging any approvals of the Revised Applications. If any challenge to the approvals of the If any challenge to the a Revised Applications is timRevised Applications is tim ely commenced, the contribution will be promptly refunded.ely commenced, the contribution w

15.15. Evidence Code SectionEvidence Code Section 1152 1152 The terms of this Agreement are subject to Evidence Code section 1152, and shall not be The terms of this Agreement are admissible in the Action.admissible in the Action.

16.16. Further ActionFurther Action
In consideration of Respondents' satisfaction of their In consideration of Respondents' satisfaction of obligations under this Agreement their obligations under this Agreement , , and upon and upon approval of theapproval of the Revised Applications,Revised Applications, Petitioners will not pursue additional litigation against Petitioners will not pursue ad Respondents in any state or federal court or before any local,Respondents in any state or federal court or before any local, state, or federal agency, withstate, or federal agency, with respect to the matters alleged in the Action or arising out of or relating to the Arespect to the matters alleged in the Action oction, the A ction, the Applications, Applications, or or the Revised Applicationsthe Revised Applications , , except as provided in paragraph 4of this except as provided in paragraph 4 of this Settlement Settlement Agreement.Agreement.

17.17. Attorneys' FeesAttorneys' Fees
The The Parties mutually waive all claims for attorneys’ fees and costs related to or arising out of the Parties mutually waive a Action, except that sAction, except that s hould any Party institute any action or proceeding to enforce any provision hould any Party institute a of this Agreement, or for damages by reason of any alleged breof this Agreement, or for damages by reason of any alleged ach of this Agreement, or for a ach of this Agreement, or fo declaration of such Party's rights or obligations under this Agreement, or for any other remedy declaration of such Party's r sought for breach of this Agreement, the prevailing Party in such action or proceeding shall be sought for breach of this Ag entitled to recover from the losentitled to recover from the los ing Party all costs and expenses incurred in any such action or ing Party all costs and expen proceeding, including but not limited to its reasonable attorneys' fees. Civil Code Section 1717 proceeding, including but shall govern the definition of "Prevailing Party." shall govern the definition of "Prevailing Party."

18.18. No Admission of LiabilityNo Admission of Liability Nothing containNothing contain ed herein shall be construed as an admission or acknowledgment of any fact, ed herein shall be construed legal issue, claim or defense on the part of any Party; any such interpretation of this Agreement legal issue, claim or defen is hereby expressly disclaimed.is hereby expressly disclaimed.

19.19. CounterpartsCounterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but This Agreement may be executed in c ounterparts, each of whic all of which shall constitute one and the same Agreement. Signatures provided by facsimileall of which shall constitute onor or electronic imageelectronic image shall have the same force and effect as original signatures. shall have the same force and effect as origina Agenda Item #8.3:

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20.20. NoticesNotices
All notices,All notices, demands, or other communications which this Agreement contemplates or authorizes demands, or other comm shall be in writing and shall be personally delivered, faxed, emailed shall be in writing and shall be personally delivered, faxed, emailed or mailed to the respective or mailed to the respective Party as follows:Party as follows:

If to City:If to City : Attn:Attn: City ManagerCity Manager City of City of SonomaSonoma
Sonoma PlazaSonoma Plaz a
1 The Pl1 The Pl azaaza
Sonoma, CA 95476 Sonoma, CA 95476
Email addressEmail address : [email protected] : [email protected] FAX no.:FAX no.: 707707 -938 - 938 -2259 - 2259
__
With Copies toWith Copies to :: Jeffrey Walter, So Jeffrey Walter , So nomanoma City AttorneyCity Attorney City of Sonoma City of Sonoma
670 W. Napa Street, Suite F670 W. Napa Street, Suite F
Sonoma, CA 95476 Sonoma, CA 95476
Email address: Email address: [email protected]@walterpistole.com FAX no.: 707FAX no.: 707 --996 9603996 9603
Dolores Bastian DaltonDolores Bastian Dalton
Goldfarb & Lipman LLPGoldfarb & Lipman LLP
1300 Clay Street, Eleventh Floor1300 Clay Street, Eleventh Floor Oakland, CA 94612Oakland, CA 94612
Email address:Email address: [email protected]@goldfarblipman.com FAX no.:FAX no.: 510510 -836 - 836 -6336 - 6336
If to PetitionersIf to Petitioners :: Ryan J. PattersonRyan J. Patterson

ZACKS, FREEDMAN & ZACK S, FREEDMAN &

PATTERSON, PCPATTERSON, PC
235 Montgomery Street, Suite 400235 Montgomery Street, Suite 400 San Francisco, CA 94104San Francisco, CA 94104
Email address:Email address: [email protected]@zfplaw.com FAX no.:FAX no.: 415415 -288 - 288 -9755 - 9755
N. William Jasper, Jr.N. William Jasper, Jr.
80 280 2 ndndStreet EastStreet East
Sonoma, CA 95476Sonoma, CA 95476
Email address: Email address: [email protected]@wjasper.com Any Party may change the address stated herein by giving notice in writing to the other Parties, Any Party may change the and thereafter notices shall be addressed and transmitted to the new address. and thereafter notices shall be addressed and Notices shall be Notices shall be deemed delivered when they are deemed delivered when they are (i) (i) personally delivered or personally delivered or (ii)(ii) sent if by FAX or email; and shall sent if by FAX or email; be deemed delivered three days after posting if mailed using the United States postal service.be deemed delivered three da Agenda Item #8.3:

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21.21. HeadingsHeadings
The heading titles for each section of this Agreement are included only as a guide to the contents The heading titles for eac and are not and are not to be considered as controlling, enlarging, or restricting the interpretation of the to be considered as controlling Agreement.Agreement.

22.22. SeverabilitySeverability
If any term of this Agreement (including any phrase, provision, covenant, or condition) is held If any term of this Agreeme by a court of competent jurisdiction to be invalidby a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be or unenforceable, the Agreeme construed as not containing that term, and the remainder of this Agreement shall remain in full construed as not containing force and effect; provided, however, this section shall not be applied to the extent that it would force and effect; provided, result in a frustration of the Parties’ intent under this Agreement. result in a frustra tion of the Parties’ intent under this Agreement.

23.23. WaiversWaivers
Except as otherwise specified herein, waiver of a breach or default under this Agreement shall Except as otherwise specifi not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other not constitute a continuing provisprovis ion of this Agreement.ion of this Agreement.

24.24. Each Party’s Role in Drafting the AgreementEach Party’s Role in Drafting the Agreement Each party to this Agreement has had an opportunity to review the Agreement, confer with legal Each party to this Agreem counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. counsel regarding the meanin Accordingly, neither party shall rely upon Civil Code Section 1654 in order to interpret any Ac cordingly, neither party shall r uncertainty in the meaning of the Agreement.uncertainty in the meaning of the Agreement.

25.25. Governing Law; VenueGoverning Law; Venue
This Agreement shall be governed by the laws of the State of California. Any suit, claim or legalThis Agreement shall be proceeding of any kind related to this Agreement shall be heard and filed in a court of competent proceeding of any kind jurisdiction in the County of jurisdiction in the County of Sonoma.Sonoma .

26.26. Integration and ModificationIntegration and Modification s s This Agreement contains all the representations and the entire agreement and understanding This Agreement contains aing among the Parties Parties with respect respect to the subject subject matter hereof, hereof, and supersedes supersedes all prior understandings, agreements (whether written, verbal, implied or otherwise) and communications understandings, agreem with respect thereto. None of the terms hereof shall be amended, waivedwith respect thereto. None of the terms hereof s, or otherwise modified , or otherwise modified except pursuant to a written instrument duly executed by the Parties.except pursuant to a written instrument duly executed

27.27. No Third Party BeneficiariesNo Third Party Beneficiaries Nothing in this Agreement, whether express or implied, is intended (i) to confer any rights, Nothing in this Agreement, wh benefitsbenefits or remedies under or by reason of this Agreement on any person or entity other than the or remedies under or by r Parties and their respective successors and permitted assigns, (ii) to relieve, terminate or Parties and their respective succe discharge any obligation or liabidischarge any obligation or liabi lity of any person lity of any person or entity not a party or entity not a party to this Agreement to any to this Agreement to any Party hereto, or (iii) to give any third person or entity any right of subrogation or action against Party hereto, or (iii) to giv any partyany party ..

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28.28. Cooperation in Challenge to Settlement Agreement Cooperation in Challenge to Settlement Agreement The Parties shall mutually cooperate with each other in any litigatiThe Parties shall mutually cooperate with each other in on, administrative action, or on, administrative action, o other proceeding brought by a third party or parties challenging this Agreement.other proceeding brought by a third party

29.29. Binding on SuccessorsBinding on Successors
This Agreement shall be binding upon and shall inure to the benefit of the Parties and the This Agreement shall be binding Parties’ successors, administrators, managers, assigns, and employees, and shall be binding upon Parties’ successors, administra tors, managers, assigns, a and shall inure to the benefit of the Parties’ officers and agents acting in their official capacity.and shall inure to the benefi

30.30. Authority to Enter into AgreementAuthority to Enter into Agreement Each Party covenants and represents that it is fully authorized to enter into this Agreement and to Each Party covenants and represents that it is fully a uthorized to enter into th carry out the obligations provided for herein. Each signatory to this Agreement represents and carry out the obligations pr covenants that he or she possesses the necessary capacity and authority to sign and enter into this covenants that he or she Agreement and Agreement and to bind the Party on whose behalf he or she is a signatory. to bind the Party on whose behalf he or she is a Agenda Item #8.3:

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"QSJM
"QSJM

David A. Kiff David A. Kiff
Interim City ManagerInterim City Manager
April 14, 2021April 14, 2021
Agenda Item #8.3:

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IN IN WITNE,SS WITNE,SS WHEREOF, WHEREOF, the the Parlies Parlies do do hereby hereby agee agree to tohe the full full performance performance of of the the termsterms set set forth forth herein.herein.

CITY CITY OF OF SONOMA, SONOMA, a a municipal municipal corporation;corporation; and and SONOMA SONOMA CITY CITYOUNCILCOUNCIL
By:By:

Name:Name:

Title:Title:

Dated:Dated:

APPROVED APPROVED AS AS TO TO FORM:FORM:

Dated:Dated:

Dolores Dolores Bastian Bastian Dalton,Dalton,
Attorney Attorney for for the the City City of of Sonoma Sonoma and and SonomaSonoma City CityouncilCouncil
By:By:

Dated:Dated:

SAN SAN FRANCISCO FRANCISCO BAY BAY AREA AREA RENTERSRENTERS

FEDERATIONFEDERATION

CALIFORNIA CALIFORNIA RENTERS RENTERS LEGALLEGAL

ADVOCACY ADVOCACY AND AND EDUCATION EDUCATION FUNDFUND

VICTORIA VICTORIA FIE,RCEFIE,RCE
Dated:Dated:

Sonja Sonja TraussTrauss
Its: Its: FounderFounder

SONJA SONJA TRAUSSTRAUSS
Dated:Dated:
2014\02\3000221.12014\02\3000221.1
-11--11-
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Agenda Item #8.3:

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227 227 BRAZIL BRAZIL DEVEOPMENT DEVELOPMENT LLCLLC
By: By: N. N. William William Jaspeq Jaspeq Jr.Jr.

Its: Its: Managing Managing MemberMember
Dated:Dated:

N. N. WILLIAM WILLIAM JASPER, JASPER, JR., JR., individuallyindividually Dated:Dated:

APPROVED APPROVED AS AS TO TO FORM:FORM:

Attorney Attorney for for California California Renters Renters LegalLegal Advocacy Advocacy and and Education Education Fund, Fund, San San FranciscoFrancisco Bay Bay Area Area Renters Renters Fedeation, Federation, Victoria Victoria Fierce,Fierce, Sonja Sonja Trauss,227 Trauss,227 Brazil Brazil Developnnent Developnnent LLC,LLC, 228Brazil 228Brazil Development Development LLC LLC and and N. N. WilliamWilliam Jasper, Jasper, Jr.Jr.
228 228 BRAZIL BRAZIL DEVEOPMENT DEVELOPMENT LLCLLC
By: By: N. N. William William Jasper, Jasper, Jr.Jr.

Its: Its: Managing Managing MemberMember
Dated:Dated:
-'--'-
N. N. WILLIAM WILLIAM JASPER, JASPER, JR, JR, as as Trustee Trustee of of thethe N.W. N.W. JASPER JASPER JR. JR. 2OO4IRREVOCABLE2OO4IRREVOCABLE

TRUSTTRUST
Dated:Dated:
20 20 14\02\300022 14\02\300022 1 1 . . tt
-t2--t2-
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DRAFT
City of Sonoma City Council

CONDITIONS OF PROJECT APPROVAL
Brazil Hillside Lot 227 Brazil (UA 24-03)
May 20, 2026
This Use Permit and Design Review Permit (UA-24-03) approval authorizes the construction of a 5,212 sqft, single-family dwelling, and 612 sqft detached garage, pool, covered patios, driveway and paths (Project).

The final improvement plans, landscaping plans, and other designs, plans and specifications developed for the construction and implementation of the Project shall be in conformance with the Resolution, the City’s Municipal Code and the project narrative, and approved plans provided to the City Council and attached to the Staff Report on May 20, 2026, except as modified by these conditions. These conditions shall be included on the Building Permit Plan Set Sheets.

Any future modifications to the approved project beyond the scope may require submittal of an amendment to the Use Permit and Design Review Permit and approval by the authorized agency.

Any permit or approval not exercised within six years of approval, two years per application for a single family home on the Brazil Hillside, shall expire and become void. The permit shall not be deemed “exercised” until the permittee has actually obtained a building permit (including demolition permit) and commenced construction (including activities such as tree removal or grading) or has actually commenced the permitted use on the subject property in compliance with the conditions of approval and the Sonoma Municipal Code.

For purposes of this Use Permit, the Use Permits for these three residences — 149 Fourth Street East (UA-24-02), 227 Brazil Street (UA-24-03), and 228 Brazil Street (UA-23-16) — may be exercised on a coordinated, project-wide basis. Each Use Permit shall be deemed 'exercised' upon (a) issuance of any building permit, grading permit, demolition permit, tree removal permit, or other permit authorizing physical work on the Project; AND (b) good-faith commencement of construction, meaning substantial physical work pursuant to such permit, undertaken as part of Project site preparation, infrastructure construction, or construction of authorized improvements. Qualifying work includes, without limitation: (i) installation of shared or off-site infrastructure serving the Project (including sewer main extensions, water mains, common driveways, emergency vehicle access improvements, and drainage facilities); (ii) substantial grading or earthwork related to the Project; (iii) tree removal or vegetation clearing undertaken pursuant to a permit covering Project-wide site preparation; or (iv) construction of any authorized building or improvement for the Project or Project-serving infrastructure. Work commenced in good faith and constituting substantial physical effort toward Project implementation shall constitute exercise of the Project’s Use Permit Community Development Department:

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1.1.1. Landscaping.Landscaping.Landscaping.
a.a.Plan submittal requirements: All required Landscape Plan documents shall be a. Plan submittal requirem submitted for review and approved by the submitted for review and approved by the PlanningPlanning Division prior to the issuance of Planning Division prior to the submitted for revie the Building Permit (e.g., WELO Worksheet, accessible here the Building Permit (e.g., WELO Workshe https://www.sonomacity.org/waterhttps://www.sonomacity.org/water -efficient -- efficient -landscape -- efficient landscape --ordinance/ - landscape ordinance/ , irrigation plan, https://www.sonomacity.org/water ordinance/ , irrigation plan, , irri etc.).etc.).etc.).
b.b.WELO. Project will comply with the regulations pertaining to the State of California’s b. WELO. Project wi Water Efficient Landscaping Ordinance (WELO) and as outlined in Sonoma Municipal Water Efficient L Code (SMC) Chapter 14.32, WaterCode (SMC) Chapter 14.32, Water -Efficient Landscaping, including automative -- Code (SMC) Chapter 14.32, WatEfficient Landscaping, irrigation sirrigation s ystem plan.irrigation s ystem plan.ystem plan. c.c.Final Landscape Plan. Following approval of the land use entitlement, a final c. Final Landscape Plan. Fo landscape plan shall be submitted as part of the application for a building permit. Final landscape plan plans shall be approved by the community development director before the start of plans shall be appr onon-sit --onsit e construction or soil disturbance and before the issuance of a building permit. sit e construction or s Projects requiring commission approval due to their size or use shall require plans be Projects requirin prepared by a licensed landscape architect or licensed contractor. Evidence shall also prepared by a li bbe provided that a licensed landscape contractor will be responsible for plant and b e provided that a lice irrigation installation and that irrigation is automatic. WELO documentation shall be irrigation installatio submitted with the final landscape plan. Final landscape plan must demonstrate that submitted with the landland scape is designed land scape is designed to meet the requirements for sites located in the Very High Fire scape is designed to meet the requ Severity Zone (VHFSZ)Severity Zone (VHFSZ) ... Severity Zone (VHFSZ) d.d.Streetscape. Landscaping shall be provided adjacent to public right d. Streetscape. Landscaping shall be -of ---ofway in --of way in way in conformance with applicable provisions of SMC 19.40.060, Landscape Standards, as conformance wit well as meet streetscape standards pursuant to SMC 19.12.020well as meet streetscape standards pufor rural roads.for rural roads ..No No No for rural ro new trees will be required unless trees are removed and it is feasible to replant. new trees will be requi Additional landscaping may include erosion control planting.Additional landscaping may include erosio e.e.Maintenance Required. Landscape areas shall be maintained to ensure survival and e. Maintenance Req growth of the tree, bush, or ground cover in compliance with the approved landscape growth of the tree plan. Irrigation systems and their components shall be maintained in a fully functional plan. Irrigation sy manner. Regular maintenance shall include, but not be limited to, checking, adjusting, manman ner. Regular ma and repairing irrigation equipment; aerating and dethatching turf areas; replenishing and repairing irriga mulch; fertilizing; pruning; and weeding in all landscaped areas.mulch; fertilizing; pruning; and weeding Enforcement Responsibility: Enforcement Responsibility: Planning Division,Planning Division, Public Works Enforcement Responsibility: Public Works Planning Division, Public Works Timing: Prior to issuance of building permit, as part of submittal, and ongoingTiming: Prior to issu

2.2.2. Exterior lighting shall conform to the California Energy Standards and standards Exterior lighting s and guidelines contained under Section 19.40.030 of the Development Code (Exterior and guidelines cont Lighting). No light or glare shall be directed toward, or allowed to spill onto any offsite Lighting). No light or areas. All exterior light fixtures shall be shielded to avoid glare onto neighboring areas. All exterior light fix properties, and shall be the minimum necessary for site safety and security. Lighting and properties, and s luminaire schedule shall provide consistent information across all plan sheets, iluminaire schedule shall prncluding ncluding ncluding light pole height.light pole height.light pole height.

Enforcement Responsibility: Enforcement Responsibility: Planning DivisionPlanning Division ; Building Division Enforcement Responsibility: Planning Division ; Building Division; Building Divisi Agenda Item #8.3:

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Timing: Prior to issuance of occupancy permitTiming: Prior to issuance of occupancy permitTimin

3.3.3. Solar Equipment. Solar equipment shall be in compliance with standards Solar Equipment. Solar outlined in SMC Section 19.40.100 (C), Solar Equipment.outlined in SMC Section 19.40.100 (C), Solar Eq Enforcement Responsibility: Enforcement Responsibility: Planning DivisionPlanning Division ; Building Division Enforcement Responsibility: Planning Division ; Building Division; Building Divisi Timing: Prior first occupancy for each individual buildingTiming: Prior first occupancy for each ind

4.4.4. Address Assignment: An Address Assignment shall be submitted prior to Address Assignment: A building permits issuance and approved by the Community Development Department.building permits issu Enforcement Responsibility: Enforcement Responsibility: Planning DivisionPlanning Division Enfrcement Responsibility: Planning Division Timing: Prior to issuance of building permit to construct new residential buildingsTiming: Prior to i

5.5.5. The project shall be constructed in accordance with the following requirements The project shall b related to tree preservation, mitigation, and replacement as set forth in SMC Section related to tree preser

12.08.35:12.08.35:12.08.35:
a.a.Applicant shall submit an updated tree replacement plan, which shall be prepared by a. Applicant shall su a certified arborist and shall identify proposed replacement trees, including species a certified arborist and size and planting measures to be included in the Final Landscape Planand size and planting measas well as as well as as we ttree removals required for compliance with state t ree removals required for compliance with state -mandated defensible space under -- mandated defensibree rem Government Code § 51182 and 14 CCR § 1299 et seq., as documented by the Government Code § 51 qualified Fire Protection Plan preparerqualified Fire Protection Plan preparer . Tree replacement shall be consistent with qualified Fire Protection P. Tree replacement s those outlined in SMCthose outlined in SMC 12.08.035 (E)(1) through (3). The tree replacement plan shall those outlined in SMC 12.08.035 (E)(1) t be subject to approval by the Community Development Director per applicable City be subject to appro standards.standards.standards.
b.b.The applicant shall submit a tree protection plan outlining all tree protection measures b. The applicant sh to be implemented. All applicable project design and construction requirements to be implemented. All related to the protection of trees shall be implemented in accordance with SMC related to the protectio Section 1Section 1 2.08.035 F(1) through F(6) and accepted ISA guidelines, unless modified or Section 1 2.08.035 F(1) thr waived by the director of public works in consultation with the project arborist. The waived by the direct tree protection plan shall be subject to approval by the Community Development tree protection plan s Director.Director.Director.
c.c.Tree replacement c. Tree replacement as required by subsection 5(a) above Tree replacement as required by subsection 5(a) above shall consist of a 1 to 1 ratio shall consist of a as require with 15with 15 -gallon sizes -- with 15gallon sizes ..If larger tree sizes are provided 2 each 15 . gallon sizes If larger tree sizes are provided 2 each -gallon trees may be -- gallon trees may b replaced with 1 each 24replaced with 1 each 24 -inch box size, and 3 each 15 -- replaced with 1 each 24 inch box size, and 3 each 15 -gallon trees may be replaced -- inch box size, and 3 gallon trees may b with 1 each 36 inch box size; or payment of an inwith 1 each 36 inch box size; or payment of an in -lieu fee. -- lieu fee.lieu fee. with Enforcement Responsibility: Enforcement Responsibility: Planning DivisionPlanning Division Enfrcement Responsibility: Planning Division Timing: Prior to the issuance of the grading permit and/or removal of trees from Timing: Prior to th the site.the site.the site.

13.13.If archaeological remains or a dense concentration of historic period site indicators are 13. If archaeological uncovered, work at the place of the discovery shall be halted immediately until a uncovered, work at the qualified archaeologist can evaluate the finds. Prehistoric archaeological site indiqualified archaeologist cators cators cators include: obsidian and chert flakes and chipped stone tools; grinding and mashing include: obsidian and c implements (e.g., slabs and handstones, and mortars and pestles); bedrock outcrops implements (e.g., s Agenda Item #8.3:

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and boulders with mortar cups; and locally darkened midden soils. Midden soils may and boulders with m contain a combination of any of the previously listed items with the possible addition of contain a combin bone and shell remains, and fire affected stones. Historic period site indicators gbone and shell remainsenerally enerally eneral include: fragments of glass, ceramic, and metal objects; milled and split lumber; and include: fragments structure and feature remains such as building foundations and discrete trash deposits structure and fea (e.g., wells, privy pits, dumps).(e.g., wells, privy pits, dumps).(e.g., wells, privy pits, dumps).

Enforcement Responsibility: Building Enforcement Responsibility: Building DivisionDivision ; Planning Division ; Planning DivisionDivision ; Public Works ; Planning Division Enforcement Responsibili; Public Works ; Publi DepartmentDepartmentDepartment
Timing: Ongoing during constructionTiming: Ongoing during constructionTiming: Ongoing during con

14.14.The Society of Vertebrate Paleontology, a national scientific organization of professional 14. The Society of vertebrate paleontologists, has established standard guidelines that outline acceptable vertebrate paleon professional practices in the conduct of paleontological resource assessmentsprofessional practices in tand and and surveys, monitoring and mitigation, data and fossil recovery, sampling procedures, surveys, monitoring a specimen preparation, analysis, and curation. Most practicing professional specimen preparation, analys paleontologists in the nation adhere to the Society of Vertebrate Paleontology paleontologists in the nati assessment, miassessment, mi tigation, and monitoring requirements, as specifically spelled out in its assessment, mi tigation, and monit standard guidelines. If paleontological resources are identified during construction standard guidelines. I activities, all work in the immediate area will cease until a qualified paleontologist has activities, all work evaluated the finds in accordance with the standard guidelines established by the evaluaevalua ted the finds in accord Society of Vertebrate Paleontology. If the paleontological resources are considered to Society of Vertebr be significant, a data recovery program will be implemented in accordance with the be significant, a data guidelinesguidelines established by the Society of Vertebrate Paleontology. Data recovery will guidelines established by the S reduce all impacts to a lessreduce all impacts to a less -than -- than -significant level. -- than significant level. reduce all impacts to a less significant level.

15.15.In the event of the accidental discovery or recognition of any human remains in any 15. In the event of the a location other than a dedicated cemetery, the following steps should be taken: location other than a dedi a.a.There shall be no further excavation or disturbance of the site, or any nearby area a. There shall be no fu reasonably suspected to overlie adjacent human remains until: reasonably suspected to overlie adjace 11) The coroner of the county in which the remains are discovered must be contacted 1 ) The coroner of t to determine that no investigation of the cause of death is required, and to determine that no investigat 22) If the coroner determines the remains to be Native American: 2 ) If the coroner determines the remain i. The coroner shall contact the NAHC within 24 hours. ii . The coroner shall contact the NAHC within iiii. The NAHC shall identify the person or persons it believes to be the most likely ii . The NAHC shall descended from the deceased Native American. descended from the deceased Native American. d iiiiii . The most likely descendent may make recommendations to the landowner or iii . The most likely d the person responsible for the excavation work, for means of treating or disposing the person respo of, with appropriate dignity, the human remains, and any associated grave goods of, with appropria as provided in Sectas provided in Sect ion 5097.98 of the Public Resources Code, or as provided in Sect ion 5097.98 of the Public Resourc b.b.Where the following conditions occur, the landowner or the landowner’s authorized b. Where the following representative shall rebury the Native American human remains and associated grave representative s goods with appropriate dignity on the property in a location not subject to further goods with appropriat subsurfsubsurf ace disturbance. subsurf ace disturbance. ace disturbance.

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11) The NAHC is unable to identify the most likely descendent or the most likely 1 ) The NAHC is unable t descendent failed to make a recommendation within 24 hours after being notified by descendent failed the commission. the commission. the commission.
22) The descendant identified fails to make a recommendation; or 2 ) The descendant identified fails to m 33) The landowner or the landowner’s authorized representative rejects the 3 ) The landowner or the land recommendation of the descendant, and the mediation by the NAHC fails to provide recommendation o measures acceptable to the landowner.measures acceptable to the landowner.measures acceptable to Enforcement Responsibility: Building Enforcement Responsibility: Building DivisionDivision ; Planning Division ; Planning DivisionDivision ; Public Works ; Planning Division Enforcement Responsibili; Public Works ; Publi DepartmentDepartmentDepartment
Timing: Ongoing during constructionTiming: Ongoing during constructionTiming: Ongoing during con

16.16.Biology: 16. Biology:Biology:
a.a.Develop and implement a worker environmental awareness program a. Develop and implement a worker Before the start of any construction activity, the project applicant will develop a worker Before the start o environmental awareness program (WEAP) that will be provided to all personnel environmental awarene working on the project area during construction and operation. Training materials and working on the pro bbriefings will include but not be limited to the following elements: b riefings will include but not be limited to • A discussion of applicable requirements established by the following laws and • A discussion of applica regulations, consequences of noncompliance, and the specific conditions of permits regulations, conseq obtained for the project from USFWS and CDFW, under the federal ESA, California obtained for the proj Endangered SpEndangered Sp ecies Act, and the Migratory Bird Treaty Act; Endangered Sp ecies Act, and the Migratory Bird Treaty Act • Identification and values of the special• Identification and values of the special -status plant and wildlife species to be protected -- • Identification and valuestatus plant and by the project; identification of important wildlife habitat and sensitive requirements by the project; identif during various life stages, and the species protected status.during various life stages, and the species pr • Fire protection measures, measures to avoid introduction and minimize the spread of • Fire protection m invasive weeds during construction and operation; procedures for managing trash and invasive weeds d food waste to prevent attracting corvids nuisance wildlife to the site; and proceduresfood waste to prevefor for for preventing and containing spills of hazardous substances.preventing and containing spills of hazardous The project applicant will conduct the workerThe project applicant will conduct the worker -training program for new employees -- training program for nThe project app coming on the project area before the start of any construction activity that would disturb coming on the surface soils. The project applicant will ensure that all personnel working on sitesurface soils. The projecreceive receive receive the training, including construction contractors and Sonoma Hillside Project personnel the training, includ who will operate and maintain project facilities. The training program will be recorded who will operate an and subsequently shown to any project personnel who are unable to attendand subsequently shown to athe initial the initial the initial training program.training program.training program.
b.b.Conduct Pre b. Conduct Pre -Construction Surveys for Swainson’s Hawk and Implement Protective -- Conduct Pre Construction Surv BuffersBuffersBuffers
Preconstruction Surveys.Preconstruction Surveys. A qualified biologist will conduct at least two preconstruction Preconstruction Surveys. A qualified biolog surveys for Swainson’s hawks when construction activities are scheduled during the surveys for Swainso nesting season (March 1 through September 1) within nesting season (March 1 through September 1) wthe project footprint and the project footprint and all all all t suitable nesting habitat within suitable nesting habitat within the project footprint and the project footprint and line of sight of construction suitable nesting habitat within the project footprint and line of sight of constru activities within a 0.25activities within a 0.25 --mile radius of the project footprint. The surveys will be - activities within a 0.25 mile radius of the project f conducted using methods consistent with guidelines provided in Recommended Timing conducted using and Methodology for Swainson’s Hawk Nesting Surveys in the Cand Methodology for Swainson’s Hawk entral Valley (SHTAC entral Valley (SH 2000) with the following exceptions:2000) with the following exceptions:2000) with the following exceptio • Surveys will be required within a 0.25• Surveys will be required within a 0.25 -mile (1,320 -- mile (1,320 -foot) radius around the project area. -- mile (1,320 • Surveys will be required wfoot) radius arou In instances where an adjacent parcel is not accessible to survey because the qualified In instances whe Agenda Item #8.3:

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biologist was not granted permission to enter, the qualified biologist will scan all biologist was not grante potential nest tree(s) from the adjacent property, road sides, or other safe, publicly potential nest tree(s) accessible viewpoints, without trespassing, using binoculars and/or a spotting scopeaccessible viewpointo to to look for Swainson’s hawk nesting activity; look for Swainson’s hawk nesting activity; look for Swainson’s • Surveys will occur during the recommended Swainson’s hawk survey period (SHTAC • Surveys will occ 2000) immediately prior to the project’s initiation and, if possible, within 15 days of the 2000) immediately initiation of construction activities; andinitiation of construction activities; andinitiation of construction acti • Two surveys shall be conducted prior to initial ground• Two surveys shall be conducted prior to initial g-disturbing activities 15 days -- disturbing activities prior to any project work including vegetation removal or active construction, including prior to any projec demolition, site grading, or use of heavy equipment. The initial two preconstrucdemolition, site grading, otion tion tion surveys should be spaced at least 7 days apart and no more than 15 days apart. If surveys should be sp active construction lapses for more than 15 days, another preconstruction survey for active construction Swainson’s hawk activity is required.Swainson’s hawk activity is required.Swainson’s hawk activity is req Nest Buffers. If active Swainson’s hawk nests are found, appropriate buffers shall be Nest Buffers. If act established around active nest sites, in coordination with CDFW, to provide adequate established aroun protection for nesting raptors and their young. No project activity shall commence duprotection for nestinring ring ring the nesting season within the buffer areas until the qualified biologist has determined the nesting season that the young have fledged, the nest is no longer active, or reducing the buffer would that the young hav not result in nest abandonment. not result in nest abandonment. not result in nest abandonment.

Nest Monitoring. Monitoring of the nest by a qualified biologist during construction Nest Monitoring. Mon activities may be required if the qualified biologist determines that the activity has activities may be requi potential to adversely affect the nest. If construction activities cause the nestingpotential to adversely affbird to bird to bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off vocalize, make de the nest, then the nothe nest, then the no -disturbance buffer shall be increased until the agitated behavior -- the nest, then the no disturbance buffer ceases. The exclusionary buffer will remain in place until the qualiceases. The exclusionary buffer will refied biologist has fied biologist has fied confirmed that the chicks have fledged.confirmed that the chicks have fledged. Information about avoidance and minimization confirmed that the chicks Information about measures for Swainson’s hawk shall be included in the WEAP described above in measures for Swainso Avoidance and Minimization Measure BIOAvoidance and Minimization Measure BIO -1. -- 1.1. Avoidance and Mini c.c.Conduct Pre c. Conduct Pre -Construction Surveys for Nesting Birds and Raptors -- Conduct Pre Construction Surveys for Nesting Bir Tree or vegetation removal shall be conducted outside of the nesting season (i.e., the Tree or vegetation nesting season is defined as February 1 through August 31) to the greatest extent nesting season is def feasible. If construction activities will begin during the nesting season, a qualified feasible. If construction biologist shall conduct a survey for nesting birds no more than 3 days prior to vegetation biologist shall c removal or groundremoval or ground -disturbing activities during the nesting season within suitable habitat -- removal or ground disturbing activit (i.e., February 1 through August 31). The survey shall cover the limits of (i.e., February 1 through Augusconstruction construction const and accessible suitable nesting habitat within 500 feet. If any active nests are observed and accessible s during surveys, a qualified biologist should establish a suitable avoidance buffer from during surveys, a q the active nest. The buffer distance will typically range from 50the active nest. The buffer distance will tyfeet (for nesting feet (for nesting feet (for passerines) to 500 feet (for nesting raptors) and will be determined based on factors passerines) to 500 such as the species of bird, topographic features, intensity and extent of the such as the species of bird, disturbance, timing relative to the nesting cycle, and anticipated groundisturbance, timing relative to the d disturbance d disturbance d dist schedule.schedule.schedule.

If vegetation removal activities are delayed, additional nest surveys shall be conducted If vegetation rem such that no more than 7 days are allowed to pass between the survey and vegetation such that no mor removal activities.removal activities.removal activities. d.d.Avoid Impacts on Nesting Birds and Raptors during Construction d. Avoid Impacts on Nesting Birds and Agenda Item #8.3:

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Limits of construction to avoid active nests shall be established in the field with flagging, Limits of constru fencing, or other appropriate barriers and shall be maintained until the chicks have fencing, or other app fledged and the nests are no longer active, as determined by the qualified bifledged and the nests are no ologist.ologist.ologist.

If an active nest is identified in or adjacent to the construction zone after construction If an active nest is has started, work in the vicinity of the nest shall be halted until the qualified biologist can has started, wo provide appropriate avoidance and minimization measures to ensure thaprovide appropriate avoidance at the nest is not t the nest is not disturbed by construction. Appropriate measures may include a nodisturbed by construction. Appropriate -disturbance buffer -- disturbance buffer until the nest has fledged and/or fulluntil the nest has fledged and/or full -time monitoring by a qualified biologist during -- until the nest has fledged and/or time monitoring by a q construction activities conducted near the nest.construction activities conducted near the nest. Information about Information about avoidance measures Information about avoidance measconstructi to protect nesting birds and raptors shall be included in the WEAP described above in to protect nesting Avoidance and Minimization Measure BIOAvoidance and Minimization Measure BIO -1. -- 1.1. Avoidance and Mini e.e.Avoid, Minimize, and Mitigate for Impacts on Bats e. Avoid, Minimize, and Mitigate for Impacts on BatsAv A qualified biologist shall conduct a preconstruction habitat assessment for potential A qualified biologist communal bat roosts within the project area and a 300communal bat roosts within the project area and a -foot buffer of the project area, -- foot buffer of the p ideally one year in advance of, but no less than 30 days prior to the start of conideally one year in advanstruction. struction. struct The habitat assessment should include a visual inspection of potential roosting features The habitat asse (e.g., hollows in trees, bridges), including looking for the presence of guano. If potential (e.g., hollows in maternity roosts or winter hibernacula are found, their locatiomaternity roosts or winter hibernacula are fns shall be mapped, and ns shall be mappe the project shall avoid all areas within a 300the project shall avoid all areas within a 300 -foot buffer around the potential roost sites. -- the project shall foot buffer aroun The nonThe non -disturbance buffer shall remain in place during the maternity and winter -- The non disturbance buffer shal hibernation seasons (May 1 through August 15, and Novemberhibernation seasons (May 1 through Aug1 through March 31) or 1 through March until bats have vacated the roost, unless otherwise authorized by CDFW and USFWS, until bats have va as relevant.as relevant. Information about avoidance measures to protect roosting bats shall be as relevant. Information about av included in the WEAP described above in Avoidance and Minimizationincluded in the WEAP described aMeasure BIOMeasure BIO -1. -- 1.1. Measu f.f.Special f. Special -Status Plant Protection. -- Special Status Plant Protection.Status Plant Protection.

Preconstruction Surveys. Before commencing construction activities, a qualified botanist Preconstruction will survey suitable habitat within the disturbance footprint of the activity, during the will survey suitable h appropriate identification period forappropriate identification period for specialspecial -status plants with the potential to occur. -- special appropriate identification period fostatus plants with the Franciscan onion, Napa false indigo, bigFranciscan onion, Napa false indigo, big -scale balsamroot, narrow -- scale balsamroot, narrow -anthered brodiaea, -- Franciscan onion, Napa anthered brodiaescale balsam bent-bent flowered fiddleneck, Rincon Ridge manzanita, Clara Hunt's milk -- bent flowered fiddleneck, Rincon Ridge m-vetch, Rincon -- vetch, Rincon vetch Ridge ceanothus, hollyRidge ceanothus, holly -leaved ceanothus, Tiburon buckwheat, congested -- Ridge ceanothus, holly leaved ceanothus, Tiburon buc-headed -- headed headed hayfield tarplant, thinhayfield tarplant, thin -lobed horkelia, Jepson's leptosiphon, Cobb Mountain lupine, -- hayfield tarplant, thin lobed horkelia, Jepso Sonoma beardtongue, Mount Burdell jewelflower, green jewelflower, Napa bluecurls, Sonoma beardtong twotwo -fork clover, and oval -- two fork clover, and oval -leaved viburnum. -- leaved viburnum. Survey methods will be consistent with fork clover, and oval leaved viburnum. Survey methods will b Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Protocols for Surveying a Populations and Sensitive Natural Communities (CDFW 2018) and Guidelines for Populations and Sens Conducting and Reporting Botanical Inventories for Federally Conducting and Reporting Botanical InvenListed, Proposed, and Listed, Proposed, a Candidate Plants (USFWS 20Candidate Plants (USFWS 20 00). If no special00). If no special -status plants are observed during -- Candidate Plants (USFWS 20 00). If no special status plants are obse appropriately timed surveys by a qualified botanist, it is assumed that the project will appropriately timed have no impact on specialhave no impact on special -status plants, and no further action is required. -- have no impact on special status plants, and no further ac Impact Avoidance. If specialImpact Avoidance. If special -status plants are identified within the planned construction -- Impact Avoidance. If special status plants are area, the individuals or populations will be mapped and quantified and reported to the area, the individua California Natural Diversity Database (California Natural Diversity Database ( CNDDBCNDDB ), and the project manager will be notified )) CNDDB California Natural Diversity , and the projec so that potential impacts to these known occurrences will be avoided, when feasible. so that potential im Avoidance and minimization measures may include:Avoidance and minimization measures may include:
• No• No -disturbance buffers marked with temporary fencing, high -- • No disturbance buffers marked with temporary -visibility flagging, or other -- visibility flagging means that are equally effective.means that are equally effective.means that are equally effective.

Agenda Item #8.3:

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• Work windows for low• Work windows for low -impact activities such as mowing, grazing, or burning of channel -- • Work windows for low impact activities vegetation that are compatible with the dormant phase of a specialvegetation that are compatible with th-status plant life cycle -- status plant life but that may kill living plants or severely alter their ability to reproduce.but that may kill living plants or se • Silt fencing or construction fencing to prevent vehicles, equipment, and personnel from • Silt fencing or accessing the occupied habitat.accessing the occupied habitat.accessing the occupied habitat. • Erosion control BMPs such as straw wattles, erosion control blankets, or hydroseeding • Erosion contro with a native plant seed mix to prevent sedimentation from upslope maintenance with a native plant seed activities.activities.activities.
• If needed, a qualified biologist will be present or on call during maintenance activities • If needed, a qua to provide guidance on avoiding specialto provide guidance on avoiding special -status plants, ensure that other avoidance -- to provide guidance on astatus plants, ensure measures (e.g., buffers, fencing) are observed, and to document the total impact measures (e.g., buffersof the of the of the maintenance activity, particularly if it is greater or less than anticipated.maintenance activity, particularly Agency Coordination. If work is required in areas where specialAgency Coordination. If work is required -status plant populations -- status plant pop are present and cannot be avoided, the project applicant will coordinate with CDFW or are present and c USFWS staff, as appropriate, to develop appropriate minimization measures.USFWS staff, as appropria Information about avoidance measures to protect specialInformation about avoidance measures to prote-status plants shall be included -- status plants sh in the WEAP described above in Avoidance and Minimization Measure in the WEAP described above in subsection subsection subsectio 16(a)16(a) ... 16(a)
Enforcement Responsibility: Building Division; Planning Division; Public Works Enforcement Respon DepartmentDepartmentDepartment
Timing: Timing: Prior to the issuance of the grading permit and/or removal of trees from the Timing: Prior to the issua site.site. Ongoing during construction site. Ongoing during construction ... Ongoing during construction Building Division:Building Division:Building Division:

17.17.The applicant shall submit a complete set of construction plans to the 17. The applicant shall submit a complCommunity Community Community Development Department for building permit plan check processing. The submittal shall Development De includeinclude , but not limited to, include , but not limited to, a Soils/Geotechnical Report, structural calculations, and State , but not limited to, a Soils/Geotech Energy compliance documentation (Title 24). Construction plans shall include a site Energy compliance plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, plan, a foundation plan exterior elevations, and materials specifications. Submitted plans must show c exterior elevationsexterior elevations , and materials specificatioompliance ompliance omp with the latest adopted editions of the California Building Code (The Uniform Building with the latest adop Code with California Amendments, the California Mechanical, Electrical and Plumbing Code with Californ Codes). A comprehensive plan check will be completed prior to permit issuaCodes). A comprehensive pnce and nce and nce and additional technical code requirements may be identified and changes to the originally additional technica submitted plans may be required.submitted plans may be required.submitted plans may be required.

Enforcement Responsibility: Building DivisionEnforcement Responsibility: Building DivisionEnforc Timing: Prior to Issuance of a Building Permit, Ongoing during constructionTiming: Prior to Issuan

18.18.Fire hydrants/lines shall be installed in the number and at the locations specified by the 18. Fire hydrants/line Fire Chief and the City Engineer. Fire hydrants shall be installed and in working condition Fire Chief and t prior to stockpiling combustible material(s) prior to stockpiling combustible material(s) forfor combustible construction. for combustible construction. prior to stockpiling combu Enforcement Responsibility: City Engineer, Public Works Department, Fire Enforcement Responsibili Department, Building DivisionDepartment, Building DivisionDepartment, Building Division Timing: Prior to combustible materials being onsite for construction.Timing: Prior to combustible mate Agenda Item #8.3:

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19.19.The Applicant shall arrange with the local garbage company to collect garbage, compost 19. The Applicant s and recycling containers on the interior roadways.and recycling containers on the interior roadways.and r Enforcement Responsibility: Building DivisionEnforcement Responsibility: Building DivisionEnforc Timing: Prior to Issuance of a Building Permit, Ongoing during constructionTiming: Prior to Issuan

20.20.Dust control measures, including, but not limited to the following, shall be implemented 20. Dust control meas as necessary during the construction phase of the project: 1) all exposed soil areas (i.e. as necessary du building sites, unpaved access roads, parking or staging areas) shall be watbuilding sites, unpaved accesered at least ered at least ere twice daily or as required by the City’s construction inspector, 2) exposed soil stockpiles twice daily or as shall be enclosed, covered, or watered twice daily; and 3) streets adjoining the project shall be enclosed, site (site ( Brazil and Fourth Street East site ( Brazil and Fourth Street East ) shall be swept daily, if) shall be swept daily, if visible soil material is Brazil and Fourth Street East visible soil material is ) shall be swept daily, if vs deposited onto the road.deposited onto the road.deposited onto the road.

Enforcement Responsibility: Building DivisionEnforcement Responsibility: Building DivisionEnforc Timing: Prior to Issuance of a Building Permit, Ongoing during constructionTiming: Prior to Issuan

21.21.Provide a preliminary Construction Management Plan 21. Provide a preliminary Construction Management P(CMP) (CMP) including a schedule of (CMP) including a schedule construction milestones. The CMP shall contain the following: construction milestones. The CMP shall c •••Estimated project duration and timelineEstimated project duration and timelineEstimated project dura •••Preliminary schedule of milestones (excavation, grading, and off haul duration; Preliminary schedule foundation work; framing; flatwork/paving; punch list/final inspection)foundation work; framing; flatwo •••Excavation and disposal methods Excavation and disposal methods Excavation and disposal method •••Equipment to be usedEquipment to be usedEquipment to be used •••Site access location Site access location Site access location •••Storage and staging location of materials and equipment/portable toilet/debris box and Storage and sta waste bins waste bins waste bins
•••Truck loading area and temporary traffic control required as necessaryTruck loading area and tempo •••Haul routeHaul routeHaul route
Enforcement Responsibility: City Engineer; Building DivisionEnforcement Responsibility: City Eng Timing: Prior to issuance of a Grading and Site Improvement PermitTiming: Prior to issuance of a , Ongoing , Ongoing , Ongoin during constructionduring constructionduring construction

22.22.Prior to the start of any on 22. Prior to the start of any on -site demolition (including tree removal), site development and -- Prior to the start of any on site demolition ( building construction, the applicant shall provide written notification at least one week in building construc advance of the commencement of the construction activity to immediatelyadvance of the commencement adjacent adjacent adjacent property owners / residents. The notice should provide the type of activity, expected property owners / res commencement date, hours of operation, and the contact information of the oncommencement date, hou-site -- site site responsible parties (e.g. developer onresponsible parties (e.g. developer on -site manager, project manager, and City -- responsible parties (e.g. devesite manager, project manofficial.) official.) official.) Provide written notification to the Building Division.Provide written notification to the Building Division.Pro Enforcement Responsibility: Building DivisionEnforcement Responsibility: Building DivisionEnforc Timing: Prior to issuance of a Grading and Site Improvement PermitTiming: Prior to issuance of a

23.23.All construction equipment shall be properly maintained and equipped with noise 23. All construction equipme--- reduction intake and exhaust muffles and engine shrouds, in accordance with reduction intake and exhau manufacturer’s recommendations. Equipment engine shrouds shall be closed during manufacturer’s reco equipment operationequipment operation . Stationary equipment (power generators, compressors, etc.) shall equipment operation . Stationary equi Agenda Item #8.3:

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be located at the furthest practical distance from nearby noisebe located at the furthest practical distance -sensitive land uses or -- sensitive land uses
sufficiently shielded to reduce noisesufficiently shielded to reduce noise -related impacts. When not in use, motorized -- sufficiently shielded to reduce noirelated impacts. When construction equipment shall not be left idling from more than 5 minutes. Noiseconstruction equipment sh--- produciproduci ng construction activities and materials delivery shall comply with the limitations produci ng construction a of the City’s Noise Ordinance, including limiting noise producing construction activities of the City’s Noise and deliveries to the following days and hours:and deliveries to the following days and hours:and deliverie MONDAY MONDAY ––FRIDAY: – MONDAY FRIDAY: 8:00 a.m. to 6:00 p.m. FRIDAY: 8:00 a.m. to 6:00 p.m.8:00 a.m. to 6:00 SATURDAY:SATURDAY: 9:00 a.m. to 6:00 p.m. SATURDAY: 9:00 a.m. to 6:00 p.m.9:00 a.m. to 6:00

SUNDAY/CITYSUNDAY/CITY -DESIGNATED -- SUNDAY/CITY DESIGNATED DESIGNATED HOLIDAYS:HOLIDAYS:HOLIDAYS:
10:00 a.m. to 6:00 p.m.10:00 a.m. to 6:00 p.m.10:00 a.m. to 6 A publicly visible sign with the telephone number for contact person with the Applicant A publicly visible s regarding dust and noise complaints shall be posted. This person shall respond and take regarding dust a corrective action within 48 hours.corrective action within 48 hours.corrective action within 48 hours.

Enforcement Responsibility: Community Development DepartmentEnforcement Responsibility: C, Code , Code , Code EnforcementEnforcementEnforcement
Timing:Timing: Implemented prior to commencement and upon issuance of any Timing: Implemented prior to com construction, grading, demolition, and/or building permits.construction, grading, demolition, and/o

24.24.The property owner shall post a sign at all entrances to the construction site to inform all 24. The property ow contractors of acceptable hours of construction as described in section 9.56.050 of the contractors of acc City’s municipal code.City’s municipal code.City’s municipal code.

25.25.The following Best Management practices shall be implemented during construction: 25. The following Best M a.a.All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and a. All exposed surf unpaved access roads) shall be watered as needed to keep dust to a minimum.unpaved access roads b.b.All haul trucks transporting soil, sand b. All haul trucks transporting soil, sand , o, orther loose material off , o r other loose material off -site shall be covered. -- All haul trucks transporting ssite shall be cover other loose m c.c.All visible mud or dirt track c. All visible mud or dirt track -out onto adjacent public roads shall be removed with wet -- All visible mud or dirt track out onto adjacent power vacuum streetsweeper, as needed.power vacuum streetsweeper, as needed.power vacuum stre d.d.All vehicle speeds on unpaved roads shall be limited to 15 mph. d. All vehicle speeds on unpaved roads s e.e.All roadways, driveways, and sidewalks to be paved shall be completed as soon as e. All roadways, drive possible.possible.possible.
f.f.f.Idling times shall be minimized either by shutting equipment off when not in use or Idling times shall be reducing the maximum idling time to five minutes (as required by the California reducing the maximum airborne toxics control measure title 13, section 2485 of CCR). Clear signage shall be airborne toxics c proviprovi ded for construction workers at all access points. provi ded for construction workers at all access points Agenda Item #8.3:

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g.g.All construction equipment shall be maintained and properly tuned in accordance with g. All construction e manufacturer’s specifications.manufacturer’s specifications. All equipment shall be checked by a certified mechanic manufacturer’s specifications. All equipment sh and determine to be running in proper condition prior to operation.and determine to be running in prope h.h.A publicly visible sign with the telephone number and persons to contact at the h. A publicly visible sign w Applicant regarding dust complaints shall be posted. This person shall respond and Applicant regardin take corrective action within 48 hours. The Air District’s phone number shall also be take corrective act visiblevisible to ensure compliance with applicable regulations. visible to ensure compliance with applicable regulatio Enforcement Responsibility: Community Development DepartmentEnforcement Responsibility: C, Building , Building , Building Division, Code EnforcementDivision, Code EnforcementDivision, Code Enforcement Timing:Timing: Implemented prior to commencement and upon issuance of any Timing: Implemented prior to com construction, grading, demolition, and/or building permits.construction, grading, demolition, and/o

26.26.A written sewer clearance from Sonoma County PRMD shall be provided to the City 26. A written sewer clea Engineer and Building Division verifying that all applicable sewer fees have been paid. Engineer and Buil Note: Substantial fees may apply for new sewer connections and/or the use of additional Note: Substanti ESDs from an existing sewer connection. The applicant is encouraged to check with the ESDs from an ex Sonoma County PRMD and Sonoma County Water Agency immediately to determine Sonoma County P whether such fees apply.whether such fees apply.whether such fees apply.

Enforcement Responsibility: City Engineer; Building DivisionEnforcement Responsibility: City Eng Timing: Prior to issuance of a Grading and Site Improvement PermitTiming: Prior to issuance of a

27.27.Provide letters from the following agencies indicating review and approval of project 27. Provide letters from t improvements:improvements:improvements:

Sonoma County Water Agency [For sewer connections and modifications and Sonoma County W interceptor requirements, and for grading, drainage, and erosion control plans] interceptor require Enforcement Responsibility:Enforcement Responsibility: Building Building DivisionDivision Building Division Enforcement Responsibility:

Timing:Timing: Prior to issuance of a Grading and Site Improvement Permit Timing: Prior to issuance of a Grading Sonoma Valley Unified School District [For school impact fees] Sonoma Valley Unified School Dis Enforcement Responsibility:Enforcement Responsibility: Building Building DivisionDivision Building Division Enforcement Responsibility:

Timing:Timing: Prior to issuance of a Building Permit Timing: Prior to issuance of a Building PermitPrior to issuanc Sonoma County Department of Environmental Health [For abandonment of wellsSonoma County if applicableif applicable ] ] ] if applicable
Enforcement Responsibility:Enforcement Responsibility: Building Building DivisionDivision Building Division Enforcement Responsibility:

Timing:Timing: Prior to issuance of a Building Permit Timing: Prior to issuance of a Building PermitPrior to issuanc Public WorksPublic Works /Engineering/Engineering Public Works/Engineering

28.28.Provide a current (within the last 6 months) 28. Provide a current (within the last 6 months) Preliminary Title Report Preliminary Title Report (including the grant Provide a current (including the graPreliminary T deed and title items) and show all existing easements and other relevant title items on deed and title item the Site Plan and other plans as appropriate. It is the applicant’s responsibility to comply the Site Plan an with the provisions of the easements and/or to acquirewith the provisions of the easements and/or to acqapproval from the grantees of the approval from th Agenda Item #8.3:

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easements if any proposed improvements encroach within the boundaries of said easements if any propo easements.easements.easements.

Enforcement Responsibility: City Engineer Enforcement Responsibility: City Engineer Enforcemen Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building PermitTiming

29.29.The following easements 29. The following easements and agreements and agreements are required by the City and other affected The following easements and agreements are required by the agencies following approval of the application: agencies following approval of the application: agencies a.a.All required sidewalk, street, storm drainage, water, sewer, access and public utility a. All required sidewa easements shall be dedicated to the City of Sonoma or to other affected agencies of easements shall b jurisdiction, as required and shown on the project plans.jurisdiction, as required and shown on the proj b.b.All required easements (onsite and off b. All required easements (onsite and off -site) -- necessary for this project shall have been site) site) All required easements (onecessary for th vacated, obtained, extinguished, or otherwise offered and accepted, settled, recorded vacated, obtaine and finalized and finalized as appropriateand finalized as appropriate ..All finalized documents (legal descriptions and plats) . as appropriate All finalized docume shall be presented to the City for review prior to recordation.shall be presented to the City for review pr c.c.The following specific easements and maintenance agreements, as applicable, are c. The following spec required:required:required:
••• Common driveway private access and emergency vehicle access easement Common driveway p (EVA), utility easement and drainage easements for 227 (EVA), utility easement and drainage eaBrazil St Brazil St and 228 and 228 Brazil Brazil St Brazil and 228 Brazil St St from the on St from the on -site driveway “Y” and continuing to each -- from the on site driveway “Y” and continuing to each parcelparcel ... parcel s ••• Common driveway private access and emergency vehicle Common driveway private access and access access easment access easement easement (EVA), utility easement and drainage easements for the four included parcels (EVA), utility easem (149 4th St East, 9(149 4th St East, 9 55Brazil St, 5 Brazil St, 227 Brazil St and 228 Brazil St (149 4th St East, 9 Brazil St, 227 Brazil St and 228 Brazil St ) from the ) from the ) from the 227 B connectionconnection at 4th St/Brazil St to the connection at 4th St/Brazil St to the property line at “Lot 1” as shown on at 4th St/Brazil St to the property line at “Lot 1” as the the the ParcelParcel Map, Being a Lot Line Adjustment, recorded in Book 784 of Maps, at Parcel Map, Being a Lot Lin Pages 36Pages 36 -40. -- 40. 40. Pages 36
••• Municipal Municipal Water WWSater System SMunicipal ater ystem AAccess A ystem ccess EEasement from Brazil Street to the Municipal E ccess asement from Braz Water System Easement on Water System Easement on 228 Brazil St. 228 Brazil St. (identified as Lot 3, Bk 784 Maps, 228 Brazil St. Water System Easement on (identified as Lot 3, PagePage 42).42). Page42).
••• Stormwater Operations & Maintenance Plan agreement for three Stormwater Operations & Maint parcels: 149 4th St East, parcels: 149 4th St East, 227 Brazil St and 228 Brazil St parcels: 149 4th St East, 227 Brazil St and 228 Brazil St ... 227 Brazil ••• Provide vegetation maintenance agreements and responsibilities for anyProvide vegetation maint vegetation and slope restoration related to the development within the fourvegetation and slope re included parcels (149 4th St East, 95 Brazil St, included parcels (149 4th St East, 95 Brazil St, 227 Brazil St and 228 227 Brazil St and 228 227 Binc Brazil Brazil St).St).St).Brazil
d.d.Prior to issuance of any grading or building permit, all easements identified on the d. Prior to issuance of approved civil plans approved civil plans ——including but not limited to the Proposed EVA Access — approved civil plans including but not limited t Easement and the Proposed Access and Utility Easement serving Lots 227 and 228 Easement and the ——shall be submi — shall be submi tted in draft form for review and approval by the City Engineer and shall be submi tted in draft form fo City Attorney. Prior to issuance of any certificate of occupancy for any residence, all City Attorney. Prio such easements shall be recorded with the Sonoma County Recorder’s office. Review such easement Agenda Item #8.3:

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and recording shall occur at staff level and shall not require any further discretionary and recording sha or entitlement action.or entitlement action.or entitlement action.

Enforcement Responsibility: City Engineer, Public Works DepartmentEnforcement Responsibility: ,,, CommunityCommunity Development Department Community Development Department Development Department Timing: Approval required prior to construction improvements and Timing: Approval required prior underground site improvements; Recordation required prior to issuance of underground site impro certificate of occupancy of the first unit/building.certificate of occupancy of the first unit/building.ce

30.30.Provide a Hydrology & Hydrologic Report for the proposed drainage improvements. 30. Provide a Hydrology Include the following information as typically requested by Sonoma Water:Include the following informatio

HYDROLOGYHYDROLOGYHYDROLOGY
a. Hydrology Map, identifying area of each drainage or tributary to each structure a. Hydrology Map, ident (including offsite drainage tributary to the project).(including offsite drainage tributary to the project).(includ b. Coefficients and measured or calculated parameters used in analysisb. Coefficients and measured or c. Hydrology calculations c. Hydrology calculations ––design flow – design flowdesign flow c. Hydrology calculations d. Hydrology calculations d. Hydrology calculations ––100 – 100 -year flow -- 100 year flowyear flow d. Hydrology calculations

HYDRAULICSHYDRAULICSHYDRAULICS
e. Coefficients and measured or calculated parameters used in analysise. Coefficients and measured or f. Values and source(s) of starting HGLsf. Values and source(s) of starting HGLsf. Values and source(s) g. Hydraulic calculations g. Hydraulic calculations ––conduit flow – conduit flowg. Hydraulic calculations conduit flow h. Demonstrate that designh. Demonstrate that design -flow HGL is contained within the conduct system. -- h. Demonstrate that design flow HGL is contained within i. Hydraulic calculations i. Hydraulic calculations ––Open channel flows – Open channel flows i. Hydraulic calculations Open channel flows j. Hydraulic calculations j. Hydraulic calculations ––Culvert flow – Culvert flowj. Hydraulic calculations Culvert flow k. Provide 100k. Provide 100 -year routing map -- k. Provide 100 year routing mapyear routing map **Project Narrative indicates “Drainage improvements have been proposed along the west * Project Narrativ side of 4th Street East to aid in reducing overland flood routing due to insufficient capacity side of 4th Stre in the existing prein the existing pre -project scenario.” Please provide these plans and calcul -- in the existing pre project scenario.” Please providations for ations for ations for drainage improvements.drainage improvements.drainage improvements.

Enforcement Responsibility: Public Works Department Enforcement Responsibility: Public Works Timing: Prior to Issuance of a grading permit or building permitTiming: Prior to Issuance of a grad

31.31.A Stormwater Control Plan (SCP) in conformance with the standards in Provision E.12 of 31. A Stormwater C the City of Sonoma’s NPDES Permit for stormwater discharges shall be prepared by a the City of Sonom registered civil engineer and submitted to the City Engineer for review and approval. registered civil enginThe The The plan shall be prepared in accordance with the guidance provided in the BASMAA Postplan shall be prepa--- Construction Manual. The required plan shall be approved Construction Manual. The required plan shall by the City Engineer by the City Engineer prior to prior to prior to by t and as a condition precedent to the issuance of a building or grading permit. The and as a condition precSCP SCP SCP must include an Operation and Maintenance Plan for the Best Management Practices must include an Op (BMPs) identified in the SCP. (BMPs) identified in the SCP. (BMPs) identified in the SCP.

Enforcement Responsibility: Public Works Department Enforcement Responsibility: Public Works Timing: Prior to Issuance of a grading permit or building permitTiming: Prior to Issuance of a grad

32.32.An Erosion and Sediment Control Plan (“Control Plan”) shall be prepared by a registered 32. An Erosion and civil engineer and submitted to the City Engineer for review and approval. The City’s civil engineer and su Agenda Item #8.3:

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approval of the required plan shall be a condition precedent to the issuance of a building approval of the r or grading permit. The Best Management Practices specified in the approved Control or grading permit. T Plan shall be implemented before and during any rainfall event. Grading shall onlyPlan shall be implemen commence when erosion and sediment control measures have been installed, commence when erosion implemented, and maintained on the site to the satisfaction of the public works director implemented, and or his/her representative.or his/her representative.or his/her representative.

Enforcement Responsibility: Public Works Department Enforcement Responsibility: Public Works Timing: Prior to Issuance of a grading permit or building permitTiming: Prior to Issuance of a grad

33.33.A 33.soil A A soil and geotechnical investigation and report, prepared by a licensed geotechnical soil and geotechnical in engineer, may be required prior to the issuance of a grading permit, as determined by engineer, may be r the City Engineer. Recommendations identified in the report shall be incorporated into the City Engineer. thetheconstruction plans for the project and into the building permit. the construction plans for the project and int Enforcement Responsibility: Public Works Department Enforcement Responsibility: Public Works Timing: Prior to Issuance of a grading permit or building permitTiming: Prior to Issuance of a grad

34.34.A Construction General Permit is required from the State Water Board if construction 34. A Construction Gen activity results in a land disturbance of one acre or more. Construction activity subject to activity results in this permit includes clearing, grading and disturbances to the ground such as this permit includes clearingstockpiling, stockpiling, stoc or excavation. The Construction General Permit requires the development of a Storm or excavation. The Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP. Water Pollution Prevention Pl Enforcement Responsibility: City Engineer Enforcement Responsibility: City Engineer Enforcemen Timing: Prior to issuance of any Grading and Site Improvement Permit or Timing: Prior to issuanc Building Permit.Building Permit.Building Permit.

35.35.The applicant shall submit a Water Conservation Plan to the City Engineer for review 35. The applicant shall and approval. The Plan shall include conservation measures for indoor and outdoor and approval. The P water use and shall be consistent with the City's water conservation and landscape water use and shall b efficiency ordinances. efficieffici ency ordinances. ency ordinances.

Enforcement Responsibility: City Engineer Enforcement Responsibility: City Engineer Enforcemen Timing: Prior to issuance of any building permitTiming: Prior to issuance of any building permitTim

36.36.The Applicant shall submit all improvement plans for the review and approval of the City. 36. The Applicant s Improvement plans shall include the following:Improvement plans shall include the following:Improvemen a.a.A sheet(s) printed with all conditions of approval written herein. a. A sheet(s) printed with all condition b.b.Include a signature approval line for the Geotechnical Engineer to indicate plan b. Include a signa conformance with the Geotechnical Investigation Report. conformance with the Geotechnical Inve c.c.Include signature approval lines for the City Engineer, Community Development c. Include signature Director, Police Chief, Fire Chief.Director, Police Chief, Fire Chief.Director, Police Chief, Fire Chie d.d.A plan clearly indicating existing topographic survey, property lines and d. A plan clearly indicating e ownership.ownership.ownership.

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e.e.A separate plan sheet clearly identifying all existing and proposed easements e. A separate plan sh associated directly or indirectly with the associated directly or indirectly with the 227 Brazil St and 228 Brazil St227 Brazil St and 228 Brazparcels. associated directlparcels. parcels.

This includes all required easements related to the proposed driveway and utility This includes all improvements. Include all actual easements identified on the Parcel Map (Lot improvements. Incl Line Adjustment). Identify all easements by separate hatches with a description Line Adjustment) of easement type, beneficiaries, etc. of easeof ease ment type, beneficiaries, etc.ment type, beneficiaries, etc. f.f.f.A grading and drainage plan shall be prepared by a registered civil engineer and A grading and d submitted to the City Engineer and Sonoma Water for review and approval.submitted to the City E g.g.Ag.Acomplete set of driveway improvements beginning at the corner of 4 A complete set of driveway th th Street th Street / / / Street
Brazil Street and proceeding onBrazil Street and proceeding on -site and including the “Y” where the driveway -- Brazil Street and proceeding site and includ access splits. This plan should include:access splits. This plan should include:access splits. This •••All improvements at the street connection including reconstruction of the All improveme drainage culvert under the driveway (including drainage culvert entrance and drainage culve exit headwalls), driveway widening and reconstruction of driveway apron exit headwalls (including removal of the existin(including removal of the existin g channel drain within the driveway), private (including removal of the exg channel drain driveway drainage, street lighting improvements (as requested by Public driveway drain Works), utility connections, and any necessary access modifications to the Works), utility City’s facilities adjacent to the driveway.City’s facilities adjacent to the driveway.City’s facilities •••All utilities associated with any/all of the three proposed homes including All utilities ass proposed water booster pumps and how these will be powered.proposed water booster pump •••Any retaining walls, fencing, and any other associated improvementsAny retaining walls, fenci h.h.A complete set of driveway improvement plans beginning at the on h. A complete set of driveway im-site driveway -- site driveway s “Y” and proceeding to the site which are associated with improvements to the “Y” and proceeding 228228228 Brazil St and 227Brazil St and 227 Brazil StBrazil St parcels including: Brazil St and 227 Brazil St parcels including: parcels including:
•••All driveway improvements, widening, reconstruction, etc.All driveway improvements, widening •••All utilities associated with the proposed home, and any associated with the All utilities asso existing home of applicable.existing home of applicable.existing home of applicable. •••Grading, Drainage, and Erosion Control plans. Grading, Drainage, and Erosion Control plans. •••Retaining walls, fencing, and any other associated improvementsRetaining walls, fencing, and •••The required hammerhead at the end of the driveway, and any improvements The required h required to provide access to the two homes using the driveway.required to provide access to •••A driveway turnout for the City of Sonoma water tank access easement.A driveway turnout for i.i.i.Access to existing water facilities may be required for the property along with any Access to existi needed rightneeded right -of -- -ofway and/or easement dedications to the City pursuant to SMC --of needed right way and/or easem

12.14.030. 12.14.030. 12.14.030.
j.j.j.A plan sheet(s) with A plan sheet(s) with street profiles, typical street sections A plan sheet(s) with street profiles, typical street sections at various driveway at various driveway stre widthswidths and calculations for street design. widths and calculations for street design. Include pavement and base rock depth and calculations for sInclude paveme Said plan shall incorporate the findings and recommendations from the approved Said plan shall Soils Report for the pavement design.Soils Report for the pavement design.Soils Report for the p k.k.A separate Site Utility plan and joint trench plan. Plan should include all utilities k. A separate Site U from public street to the “Y” in the driveway, and then all utilities in the driveway from public street serving the serving the 228228 Brazil St and 227 228 serving the Brazil St and 227 Brazil StBrazil St parcels.Brazil St and 227 Brazil St parcels.parcels.

Agenda Item #8.3:

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l.l.l.Provide landscape and irrigation plans, including slope restoration, compliant Provide landscape a with the City of Sonoma Landscape standards and the BASMAA Postwith the City of Sonoma Lan--- Construction Manual. The landscape plans must include and integrate with the Construction Man treatment facilities identified in treatment facilities identified in the project Stormwater Control Plan. treatment facilities identified in the project Stormwater Contro m.m. Provide details (i.e., Slopes, Materials, Inlets and Grates, Spreaders, etc.) for all m. Provide details (i drainage features.drainage features.drainage features.

Enforcement Responsibility: City Engineer; Community Development Department, Enforcement Public WorksPublic Works DepartmentDepartment Public WorksDepartment Timing: Prior to issuance of a Grading and Site Improvement PermitTiming: Prior to issuance of a Other RequirementsOther RequirementsOther Requirements

37.37.The applicant shall submit public improvement plans for the review and approval of the 37. The applicant sha City. The applicant shall enter into a Public Improvement Agreement (“PIA”) with City. The applicant sha required bonds and insurance, for public improvements in the rightrequired bonds and insurance, for pub-of -- of -way. The --of way. The way. The applicaapplica nt shall install all public improvements with the City applica nt shall install all public improvements with the -approved improvement plans -- approved improv as determined by the City Engineer in accordance with the PIA.as determined by the City Engineer in acc

37.37.37. Bonds required by Permit Sonoma for public sanitary sewer improvements may Bonds required b be incorporated into the Public Improvement Agreement bonds posted with the City of be incorporated in Sonoma, provided that Sonoma Valley County Sanitation District is named as an Sonoma, provided that additional beneficiadditional benefici ary as required by Permit Sonoma. additional beneficiary as required by Permit Sonoma.ary as required Enforcement Responsibility: City EngineerEnforcement Responsibility: City Engineer , Public Works Department , , Public Works Department , Permit , Permit Enforcemen, Permit Pu SonomaSonomaSonoma
Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building PermitTiming

38.38.An encroachment permit is required from the City of Sonoma for any work on public 38. An encroachment pe facilitiesfacilities within the public right of way facilities within the public right of way and work on the public water system within the public right of way and work on the public water s...

Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , , Engineer Enforcement Responsibility: CiPublic Works DepartmentPu Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building PermitTiming

39.39.All major grading, including all swales, etc., shall 39. All major grading, including all swales, etc., shall occur outside the rainy season occur outside the rainy sAll maj (October 15 (( October 15 -April 15) -- April 15) , unless otherwise approved by the City Engineer. October 15 April 15) , unless otherwise approved by th Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , , Engineer Enforcement Responsibility: CiPublic Works DepartmentPu Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building PermitTiming

40.40.Extension and/or upgrade of storm drain infrastructure along the frontage of the 40. Extension and/or upgrad property and as may be required to link existing portions of the property and as may be required to link eCity’s storm drain CC ity’s storm drain ity’s st system. In every case where a storm drain main is to be extended, the storm drain shall system. In every extend the full frontage of the parcel parallel to the extension. extend the full frontage of the parcel paralCurrent storm drain Current storm drain C system includes system includes existing headwallsystem includes existing headwall north of the driveway existing headwall north of the driveway ,,,runningrunningderunder the driveway running north of the driveway under the driveway the dr frontage and exiting on the downward slope of the drivewayfrontage and exiting on the downward slope to an open channel system.to an open chan Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , , Engineer Enforcement Responsibility: CiPublic Works DepartmentPu Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building PermitTiming Agenda Item #8.3:

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41.41.The Applicants may construct shared public and private infrastructure 41. The Applicants may construct sha ——including but — including but inclu
not limited to sewer main extensions, water mains, common driveways, emergency not limited to sewer vehicle access improvements, drainage facilities, and other shared utilities vehicle access improvements——at the — at the at the capaccapac ity required to serve all three projects (149 Fourth Street East, 227 Brazil Street, capac ity required to ser and 228 Brazil Street) at the time of the first building permit issuance, rather than and 228 Brazil Street) incrementally. Construction of fullincrementally. Construction of full -capacity shared infrastructure with the first per -- incrementally. Construction of full capacity shared infrastrmit mit mit shall not be deemed oversizing, shall not require additional permits or approvals for shall not be deemed subsequent residences served by the infrastructure (beyond service connections and subsequent reside individual building permits), and shall be designed to avoid duplicative trenching,individual building permroad road road openings, or service disruptions across permit phases.openings, or service disruptions across permit ph Enforcement Responsibility: City EngineerEnforcement Responsibility: City Engineer , Public Works Department , , Public Works Department EnforcemenPu Timing: Timing: OngoingTiming: OngoingOngoing

41.42.142.142.Entrance(s) toEntrance(s) to the property shall be designed, constructed, and maintained to be Entrance(s) to the property sha a minimum of 20 feet wide for emergency vehicle access or as approved by the Fire a minimum of 20 fe Department and the City Engineer.Department and the City Engineer.Department and the City Engineer Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , , Engineer Enforcement Responsibility: City Public Works DepartmentPublic Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building PermitTiming: Pr

42.43.243.243.Address numbers shall be posted Address numbers shall be posted ononthe public street, and on the individual on Address numbers shall be pothe public street, and structures in a manner visible from the driveway. structures in a manner visible from the driveway. struct Enforcement Responsibility: Enforcement Responsibility: Public Works DepartmentPublic Works Department , Building Department, Fire Enforcement Responsibility: Public Works Dep, Building Depa DepartmentDepartmentDepartment
Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building Permit , and prior to Final Inspection, and prior to Final InspTiming

43.44.344.344.Public street lighting on the project frontage along Public street lighting on the project frontage aloFourthFourth Street Eas FourthStreet Eas t t will include t Street Eas will include will i one light fixture and pole like the pole on 4one light fixture and pole like the pole on 4one light fixture and ththStreet, unless PG&E authorizes putting a th Street, unless PG light on their pole. light on their pole. light on their pole.

44.45.445.445.Street trees along the property frontages Street trees along the property frontages are subjectare subject to the review of the are subject to the review of the Street trees aloto th Planning Director and the Public Works Director. All street trees shall be consistent with Planning Directo the City’s Tree Planting Program, including the Master Tree List the City’s Tree Planting Program, includ Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , , Engineer Enforcement Responsibility: CiPublic Works DepartmentPu Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building PermitTiming

45.46.546.546.All All newAll newutility distribution facilities for the new utility distribution facilities for the propertyproperty , including electric, property , including electric, utility distribution faciliti, including telecommunications, cable TV, etc., shall be installed underground. telecommunications, cable TV, etc., Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , , Engineer Enforcement Responsibility: CiPublic Works DepartmentPu Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building PermitTiming

46.47.647.647.The applicant shall be required to pay for all inspections prior to the acceptance The applicant sha of public improvements, or within 30 days of receipt of invoice, at the City’s election. All of public improve Agenda Item #8.3:

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plan checking fees. any other fees charged by the City of Sonoma, Sonoma Water or plan checking fees other affected agencies with reviewing authority over this project. shall be paid prior to other affected age Final Occupancy.Final Occupancy.Final Occupancy.

Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , , Engineer Enforcement Responsibility: CiPublic Works DepartmentPu Timing: Prior to Timing: Prior to Final InspectionFinal Inspection Timing: Prior to Final Inspection

47.48.748.748.Any wells on the site shall be abandoned in accordance with permit requirements Any wells on th of the Sonoma County Department of Environmental Health; or otherwise equipped with of the Sonoma a backa back -flow prevention device as approved by the City Engineer. Wells that will remain -- a back flow prevention d shallshall be plumbed to irrigation system only and not used for domestic potable water use. shall be plumbed to irr Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , , Engineer Enforcement Responsibility: CiPublic Works DepartmentPu Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building PermitTiming

48.49.849.849.A complete set of AsA complete set of As -Built or Record improvement plans showing all constructive -- A complete set of As Built or Record changes from the original plans, shall be provided to the Public Works Department prior changes from th to final acceptance of the public improvements. Once accepted then record drawings, to final acceptanc on mon m ylar, shall be provided to the City Engineer and prior to final acceptance. on m ylar, shall be provided to th Enforcement Responsibility: City EngineerEnforcement Responsibility: City Engineer , Public Works Department , , Public Works Department EnforcemenPu Timing: Prior to Issuance of Timing: Prior to Issuance of Final OccupancyFinal Occupancy Timing: Prior to Issuance of Final Occupancy GeneralGeneral Conditions: General Conditions:Conditions:

49.50. 4950. 4950.Indemnity, Fee Notice, and Time Limitations:Indemnity, Fee Notice, and Time Limitations:Indemn a.a.The Applicant/developer, owner, and any successor in interest, severally and jointly, a. The Applicant/de shall defend, indemnify, and hold harmless the City and its agents, officers, shall defend, indemnify, an attorneys, and employees from any claim, action, or proceeding brought against the attorneys, and em City or its agents, officers, attorneys, or employees to attack, set aside, void, or City or iCity or i ts agents, officers, atto annul the annul the City Council annul the City Council ’s decisions memorialized herein, including any approval of City Council ’s decisions memoria any portion of the Project, the environmental determination applicable to the Project any portion of the and/or the eand/or the e nvironmental review document(s) for the Project. This indemnification and/or the e nvironmental review shall include damages or fees awardedshall include damages or fees awarded againstagainst thetheCity, if theagainst City, if any,any, costs City, if any, costs ofofsuit, ofcosts suit, shall include damages osuit, attorney’sattorney’s fees,fees, andattorney’s and fees, other andother costsother costs andand expenses incurred costsand expenses incurred ininconnection in connection withwith expenses incurred suchwithsuch connection such actionaction whether action whether incurredwhether incurred bybythebytheApplicant/developer, incurred the Applicant/developer, thetheCity, and/or parties initiating the Applicant/developer, City, and/or parties or bringing such action.or bringing such action.or bringing such action. a.b. ab. ab. The defense, indemnification, and holdThe defense, indemnification, and hold -harmless obligations set forth in this -- harmless obligations The defense, indem Section shall remain personal obligations of the original Applicants Section shall remain personal oblig——N. William — N. William N. William Jasper, Jr. (individually and as Trustee of the N.W. Jasper Jr. 2004 Irrevocable Jasper, Jr. (individually Trust), 227 BraTrust), 227 Bra zil Development LLC, and 228 Brazil Development LLC Trust), 227 Bra zil Development LLC, and 228 ——and their — and their and their respective successor entities. These obligations shall not transfer to bona fide respective successor en purchasers in armspurchasers in arms -length transactions of any parcel within the project. Conditions -- purchasers in arms length transactions running with the land relatrunning with the land relat ing to ongoing compliance running with the land relat ing to ongoing compliance ——including but not limited to — ing to ongoing compliaincluding but not lim defensible space maintenance, vegetation management, drainage maintenance, defensible space ma and physical Conditions of Approval and physical Conditions of Approval ——shall continue to bind successor owners as — and physical Conditions of Ashall continue to bi conditions running with the land, separate conditions running with the land, separate from the defense and indemnification from the defense and conditions runnin Agenda Item #8.3:

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obligations of this Sectionobligations of this Section ... obligations of this Section c.c.c.The applicant/developer, owner, and any successor in interest, severally and jointly, The applicant/dev shall defend, indemnify, andshall defend, indemnify, and hold harmlesshold harmless thetheCity, its the City, its agen, officers, employees, shall defend, indemnify, and hold harmless City, its agents, officers, e andand attorneys for all costs incurred in and attorneys for all costs incurred in additionaladditional investigation additional investigation ofoforoforstudy orattorneys for all costs incurred in study of,investigation of, orstudy of,rfororforfor supplementing,supplementing, preparing, redrafting, supplementing, preparing, redrafting, revising,revising, ororamending or revising, preparing, redrafting, amending anyany document anyamending document (included(included document(included butbut notbut not limited not limited totoanytolimited any environmental document or study), if made necessary by any any environmental doc claim, action, or proceeding and if the applicant/developer or owner desires to claim, action, or procee pursue securing such approvals and/or clearances, after initiation of such claim, pursue securing such action, or proceeding, which are coaction, or proceeding, which are co nditioned on the approval of such documents in a action, or proceeding, which are nditioned on the form and under conditions approved by the Cityform and under conditions approved by the City Attorney.Attorney.Attorney. form an b.d. bd. bd. The defense and indemnification obligations relating to challenges to the The defense and indem original approval of the Revised Applications shall terminate upon the later of: (i)original approval of th fortyforty -five (45) days after the applicable statute of limitations has passed without a -- forty five (45) days after t proceeding having been filed; or (ii) the final, nonproceeding having been filed; or (ii) the final, non -appealable resolution of any third -- appealable resolut--- proc party action timely filed challenging the Revised Applications. Ongoing complianceparty action timely f obligations and the obligation to defend against actions arising from postobligations and the obligation -approval -- approval approval interpretatiinterpretati on or enforcement of the Conditions of Approval shall not be subject to interpretati on or enforcement o this sunset.this sunset.this sunset.
e.e.In the event that a claim, action or proceeding described in subsection (a) or (b) e. In the event that a cla above is brought, the City shall promptly notify the Applicant/developer and owner of above is brought the existence of thethe existence of the claim, action,claim, action, ororproceeding, and orthe existence of the claim, action, proceeding, and thetheCitytheCity willwill Cty cooperate will proceeding, and cooperate fullyfully ininfully incooperate thethedfense the defense ofofsuch of such defense claim, action, or proceeding. Nothing herein shall prohibit the such claim, action, or proc City from participating in theCity from participating in the defense of anydefense of any claim,claim, action, or proceeding; claim, City from participating in the defense of anyaction, or proceeding; the City the City the City action, o shall retain the right to (i) approve the counsel to so defend the City, (ii) approve shall retain the right to all all all significant decisions concerning the manner in which the defense is conducted, and significant decisio (iii) approve any and all settlements, which approval shall not be(iii) approve any and all settlements, wunreasonable unreasonable unreaso withheld. The City shall also have the right not to participate in said defense, except withheld. The City that the City agrees to cooperate with the Applicant in the defense of said claim, that the City agrees to action, or proceeding. Ifaction, or proceeding. If the Citythe City choosesthe City chooses totohave toaction, or proceeding. If have chooses counsel havecounsel ofofits own of counsel its ownotodefend any to its owndefend anydefend a claim, action, or proceedingclaim, action, or proceeding where the Applicant/developer or owner claim, action, or proceeding where the Applicant/developer or has already has already has alre retained counsel toretained counsel to defenddefend thetheCitythe defend City ininsuch retained counsel to City in such matters, suchmatters, thethefees and thematters, fees and expenses of fees and expenses of thethethe expenses of counselcounsel selectedcounsel selected bybythebytheCity shall selected the City shall bebepaidbepaid byCity shall bythepaid bytheapplicant/developer and owner the applicant/developer an... c.c. f.f.c.The defense, indemnification, and hold f. The defense, indemnification, and hold -harmless obligations of the Applicants under -- The defense, indemnificharmless obligati this Section may be assigned by the Applicants to a bona fide successor developer this Section may b of the project, subject to the City’s written consent, which shall not be unreasonably of the project, sub witwit hheld or delayed. For purposes of this Section, it shall be reasonable to withhold wit hheld or delayed. consent if the proposed assignee does not demonstrate, to the City’s reasonable consent if the propos satisfaction, sufficient financial capacity to perform the obligations of this Agreement satisfaction, suffic and to bear any costs or liabilities that may arise thereunder. Such assignment shall and and to bear any costs be effected through a written assumption agreement in form reasonably acceptable be effected throug to the City Attorney, providing that the assignee assumes the obligations on terms to the City Attorney not materinot materi ally less favorable to the City than those of the assigning Applicants in not materi ally less favorable to compliance with Section 19.03.060 of the Sonoma Municipal Code. Upon execution compliance with S of the assumption agreement and City consent, the assigning Applicants shall be of the assumption ag released prospectively from the obligations so assumed. released prospectively released prospectively from the obligations so assumed.from the obl Agenda Item #8.3:

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d.g. dg. dg. The applicant/developer, owner, and any successor in interest, severally and The applicant/devel jointly, shall indemnifyjointly, shall indemnify thetheCitytheCity forfor City allfor all thealltheCity’s thejointly, shall indemnify City’s costs,City’s costs, fees,fees, costs, andand fees, damages and damages whichwhich thedamages thewhich the CityCity incurs Cityincurs ininenforcing the above indemnification provisions. inincurs enforcing the above indemnification provi e.h. eh. eh. If the applicant and/or owner is not a natural person, but is an entity, then the If the applicant and/ managing member,managing member, majoritymajority shareholder, majority managing member, shareholder, ororother or other principal shareholder, otherprincipal ofoftheoftheentity principal theentity shallshall entity bebeshall be personallypersonally liableliable forfor the entity’s obligations under these indemnification provisions. personally liable for the entity’s obligatio f.f.ii.f.i.UnlessUnless aashorter a Unless shorter limitationshorter limitation periodperiod applies, limitation period applies, thethetimetheapplies, time withintimewithin whichwithin which judicial which judicial reviewjudicial review ofofofreview thisthis decision must be sought is governed by California Code of Civil Procedure, this decision must be soug Section 1094.6.Section 1094.6.Section 1094.6.
g.j.g.j.The g.j. The conditions The conditions ofofproject of project conditions approval project approval setset forthsetapproval forth hereinforthherein includeherein include certaininclude certain fees,fees, ddication certain fees, dedication dedicatio requirements,requirements, reservation requirements, and other exactions, some of which may requirements, reservation requirem be subject to the Mitigation Fee Act (Government Code section 66000, et seq.). be subject to the Mitig Pursuant to Government Code section 66020, subdivision (d)(1), the conditions Pursuant to Governme constitute written notice of aconstitute written notice of a statementstatement ofoftheoftheamount of such thestatement constitute written notice of a amount of such fees andfees and aadescription a amount of such fees and description descr of dedications,of dedications, reservations,reservations, and other exactions. You are of dedications, reservations, and other exactions. You are hereby further notified hereby further notifieand other exac that the 90that the 90 -day approv -- that the 90 al period in which you may protest these fees, dedications, day approvday approv al period in which yo reservations, and other exactions pursuant to Governmentreservations, and other exactions pursuant CodeCode sectionCode section 66020,section 66020,66020, subdivisionsubdivision (a),(a), has(a), has begun. subdivision hasbegun. IfIfyou If you fail begun. fail you ttofail filetofileaaprotest filea protest within this 90 protestwithin this 90 -day period -- day period within this 90 day period complying with all of the requirements of Government Code sectioncomplying with all of the requireme66020, you will 66020, you will 66 be legally barred from later challenging such exactions.be legally barred from later challenging such ex See attached conditions from the Sonoma Fire District and Permit Sonoma (Sanitation)See attached co Agenda Item #8.3:

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Thomas Tunny
[email protected]
May May May 202020, 2026, 2026, 2026
Delivered ViaDelivered Via EmailEmailDelivered Via Email Sonoma City CouncilSonoma City CouncilSonoma City Council No. 1 The PlazaNo. 1 The PlazaNo. 1 The Plaza
Sonoma, CA 95476Sonoma, CA 95476Sonoma, CA 95476
Re:Re:Re: 149 Fourth St. East, Lot 227 Brazil St., and Lot 228 Brazil St.149 Fourth St. East, Lot 227 Brazil St., Use Permit and Design ReviewUse Permit and Design ReviewUse Permit and Design Review City Council Meeting May 20, 2026City Council Meeting May 20, 2026City Council Meeting May 20 Our File No:Our File No ::11562.0211562.02 Our File No 11562.02 Dear Dear Dear Mayor Wellander and Members of the City Mayor Wellander and Council Members of the City Council ::: Mayor Wellander and Council Members of the City This firm represents the William William William Jasper Trust, Trust, Trust, 227 Brazil 227 Brazil 227 Brazil Development Development Development LLC, and 228 LLC, and 228 LLC, and 228 Brazil Development LLC (collectively, the “4Brazil Development LLC (collectively, the “4Brazil Development LLC (c thththand Brazil Owner”), which own and Brazil Owner”), which own and B East, Lot 227 Brazil St., and Lot 228 Brazil St.East, Lot 227 Brazil St., and Lot 228 Brazil St. (the “4(the “4(the “4 East, Lot 227 Brazil St., and ththth and Brazil Properties”), respectively. As and Brazil Properties”), you know, the 4you know, the 4you know, the 4 ththth and Brazil Owner has submitted applications for Use Permit and Design Review and Brazil Owner has su approvalapproval ssof a single s approval of a single -family home and accessory structures on each of the 4 -- of a single family home and accessory structures on each o ththth and Brazil Properties and Brazil Properties and
(the “Project”). The City Council is considering the Project for approval on May 20, 2026. For (the “Project”). The City Council is co(the “Project”). The City Council is co nsidering the Project for all of the following reasons, we respectfully request that the City Council approve the all of the following reasons, we reas as as proposedproposedproposed...

I.I.I. BRIEF BB RIEF PROJECT PP RIEF ROJECT DESCRIPTION AND DD ROJECT ESCRIPTION AND BACKGROUND BB ACKGROUND ESCRIPTION AND ACKGROUND The proposed Project derives from a Settlement Agreement entered into by the City and The proposed Project d the 4the 4the 4 thththand Brazil Ownerand Brazil Owner in 2021in 2021in 2021 and Brazil Owner , which Settlement Agreement resolved a legal challenge of the , which S City City denial of the original version of the proposed Project. The Settlement Agreement set forth City denial of the original ve the parties’the parties ’agreement to certain revisions of the original project, which ’ the parties agreement to certain revisions of the original pro proposed Project. The 4proposed Project. The 4proposed Project. The 4 ththth and Brazil Owner submitted applicationsand Brazil Owner submitted application sfor the proposed Project in s for the proposed Project in and Brazil Owner fo 2023.2023.2023.

The PThe roject PPThe properties are roject roject properties are located above the intersection of 4th Street and Brazil Street, on properties are located above the interse the slopes of Schoeken of Schoeken of Schoeken Hill in Hill in Hill in the foothills foothills foothills of the Mayacama Mayacama MayacamasssMountain range.Mountain range.Mountain range. T propertiesproperties comprise a total area of properties comprise a total area of comprise a total area of Except for a City well and water tank approximately 7.5 acres. Except for a City well anapproximately on 228 Brazil Street, the on 228 Brazil Street, the roject area is largely undeveloped and supports open grassland, oak on 228 Brazil Street, the PPP roject area is largely un woodlands, and rock outcroppings. An existing paved driveway at the western terminus of Brazil woodlands, and rock ou Street provides direct access to 149 4th Street East, while the other two properties do not have Street provides direct access to 149 4th Street East, whther two properties do n Agenda Item #8.3:

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paved vehicle access to the interior of the lots. paved vehicle access to the interior of the lots. --family - paved vehicle access to the ifamily family home and accessory structures on each home and accessory structures on each propertpropert iesies . . iespropert . home and accessory structures on each of th II.II.II.THE TTHE PROJECT PPHE ROJECT IISISCS ONSISTENT WITH CCROJECT AONSISTENT WITH LL AALL APPLICABLE ALL A ONSISTENT WITH PPLICABLE PLANNING AND PP PPLICABLE LANNING AND ZONING ZZ ONING LANNING AND ONING

CONTROLS CC ONTROLS ONTROLS
All three properties have a General Plan designation of Hillside Residential and are zoned All three properties have Residential Hillside (R-Residential Hillside (R HS) with a Historic Overlay. -- Residential Hillside (R HS) with a Historic Overlay. The Hillside Residential land use designation HS) with a Historic Overlay. The Hillside Residential is intended to preserve the City’s hillside backdrop, while allowing limited residential development is intended to preserve th in conjunction with agricultural uses. The designation allows a density of one residential unit per in conjunction with agri ten acreten acreten acres (excluding second units). s (excluding second units). s (excluding second units).

The R-The R -HSzoning permits single - The R HS zoning permits single -family homes and residential accessory structures, subject -- HS zoning permits single family homes and reside to approval of a Use Permit. to approval of a Use Permit. The project also require TT she project also require sDesign Review. s to approval of a Use Permit. Design Review. Adjoining land uses include he project also require Design Review. Adjoining land uses inclu single-single -family homes on large parcels also zoned R - single -family homes on large parcels also zoned R -HS, as well as undeveloped properties to the - family homes on large parHS, as well as undevelo north that are in unincorporated Sonoma County. The north that are in unincorporated Sonoma County. The context is defined by singlecontext is defined by single --family - family family north that con residential uses, open spaces in the surrounding hillsides, and agricultural uses.residential uses, open spaces in the surroun As set forth in the Staff Report, Staff Report, Staff Report, the proposed Project PP is consistent consistent consistent with the with the with the goals and policies of the City of City of City of Sonoma 2020 General 2020 General 2020 General Plan, which encourages Plan, which encourages Plan, which encourages infill development. In development. In development. In addition, the Community Development Element (““CDE “ CDE ””) of ” CDE the General General General Plan recognizes recognizes recognizes that citizen approval of the Urban Growth Boundary (citizen approval of the Urban Growth Boundary ( ““UBG “ UBG ) reflects a commitment to focus growth UBG””” ) reflects a commitment citizen approval of the within within Cy limits to prevent urban sprawl into agriculturally and environmentally sensitive areas CC within ity limits to prevent urb surrounding surrounding surrounding the City. The CDE notes that the UGB is also intended to concentrate intended to concentrate intended to concentrate future residential, commercial, and industrial growth in areas already served residential, commercial, and industrial growth in a, such as , such as , such as the 4th and Brazil Properties.the 4th and Brazil Properties .. the 4th and Brazil Properties The proposed The proposed roject is consistent with the R The proposed PP-roject is consistent with the R P-HS zoning - HS zoning as it is intended for hillside areas HS zoning roject is consistent with the R ,,, as it is intended for hillsi of the City that are suitable for very-of the City that are suitable for very -low density single - -low density single -family residential uses. - of the City that are suitable for very low density single family residential uses. The proposed The proposed family residentThe prop single-single -family dwelling - single sfamily dwelling sand accessory structures s family dwelling arend accessory structures are consistent with the R are -consistent with the R and accessory structures -HS zoning development - consistent with the R HS zoning development standards astandards and the a nd the Ciy’s standards nd the Ciy’s hllside development and design standards. The location, size, design, and City’s hillside development and operating characteristics are operating characteristics areare compatible with the existing and future land use in the vicinity. operating characteristics compatible with the ex The proposed useThe proposed use sswill not impair the architectural integrity and character of the s The proposed use will not impair the architectural intdistrictdistrict as as as district the area has a diversity of dwelling the area has the area has a diversity of dwelling sizesize s, massing s size , massing ,and design , a diversity of dwelling , massing sand design s..s. The p roposed P and design The pThe p rojectposed P protects roject roposed P roject proects the the the protects natural topography and utiliznatural topography and utiliz esesa variety of setbacks es a variety of setbacks , building heights, and forms to blend into the , , natural topography and utiliz a variety of setbacks building heights, and for terrain. The terrain. The roject's design and architecture comply with the applicable policies and regulations terrain. The PPP roject's design and archi set forth in the Development Code.set forth in the Development Code.set forth in the Development Code.

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III.III.III. THE TTHE PPHE ROJECT P ROJECT IIS IS S CCATEGORICALLY ROJECT C ATEGORICALLY EXEMPT EE FROMATEGORICALLY THE CALIFORNIA CC ALIFORNIA ALIFORNIA ENVIRONMENTAL EE NVIRONMENTAL QQUALITY Q UALITY AACT ACT (“CEQA”) NVIRONMENTAL UALITY CT (“CEQA”) PURSUANT TO PP (“CEQA”) CEQA URSUNT TO CEQA GGUIDELINES GURSUANT TO CEQAUIDELINES UIDELINES SECTION SS ECTION 1530315303 ECTION 15303
CEQA Guidelines Section 15303 CEQA Guidelines Section 15303 CEQA Guidelines Section 15303provides that certain , also referred to as Class 3, provides that certain types of ,also referred to as Class types of types of prvides tha projects, including up to three single projectsprojects -, including up to three single family homes, -- family homes, have been determined to not have a significant , including up to three single family homes, have been determined to effect on the environment and are thus categorically exempt from CEQA. effect on the environment and are thus categoricSection 15303 provides Section 15303 provides as follows:as follows:as follows:

Class 3 consists of construction and location of limited numbers of new, Class 3 consists of construction and l small facilities facilities facilities or structures; or structures; or structures; installation installation installation of small new small new small new equipment and equipment and equipment and facilities in small structures; and the conversion of existing small structures facilities in small structures; and the con from one use to another where ofrom one use to another where ofrom one use to another where only minor mo exterior of the structure. The numbers of structures described in this section exterior of the structure. The numbers o are the maximum allowable on any legal parcel. Examples of this exemption are the maximum allowable on any lega include but are not limited to:include but are not limited to:include but are not limited to:
(a) One single-(a) One single -family residence, or a second dwelling unit in a residential - (a) One single family residence, or a second dwelling zone. In urbanized areas, up to three single--family - residences may be constructed or converted under this exemption.constructed or converted under this exemption.constructed or conve ………
(e) Accessory (appurtenant) structures including garages, carports, patios, (e) Accessory (appurtenant) structures swimming pools, and fencesswimming pools, and fences ... swimming pools, and fences ………
((14 C ( .14 C ..C...CR.14 C .C.RR§ 15303§ 15303§ 15303.).).) The ProjectThe Project meets the requirements of The Project meets the requirements of Section 15303 because it meets the requirements of Section 15303 because it three singlethree single --- Section 15303 becauthree single family dwellings with accessory structures that are consistent with the City’s family dwellings with accessory structures that aCity’s General Plan City’s General Plan General Plan Zoning ZZ oning Dstrict oning District development controls and design regulations. District development controls and design regulations. developme served by all required utilities and public services.served by all required utilities and public services .. served by all required u IV.IV.IV. REQUESTED RR EQUESTED COUNCIL CC OUNCIL AEQUESTED CTION AA OUNCIL CTION ——STATE S—SCTION -TATE -M- MANDATED TATE M ANDATED DEFENSIBLE DD ANDATED EFENSIBLE SPACE SS PACE TREE TTEFENSIBLE PACE REE REE

REMOVALS RR EMOVALSEMOVALS
We respectfully We respectfully We respectfully request request request Council Council Council take action take action take action on a discrete a discrete a discrete matter at the May the May the May 20, 2026 hearing: the interaction between state-hearing: the interaction between state -mandated defensible space requirements and the City's local - hearing: the interaction between state mandated defensible spa tree replacement ordinance.tree replacement ordinance.tree replacement ordinance.

The Project sits within the Very High Fire Hazard Severity Zone (VHFHSZ) in the Local The Project sits within t Responsibility Area. Government Code section 51182 and 14 C.C.R. section 1299 et seq Responsibility Area. Government Code . impose et seqet seq. impose . impose mandatory mandatory mandatory defensible defensible defensible space obligations obligations obligations on property owners on property owners on property owners in the VHFHSZ, including VHFHSZ, including VHFHSZ, including tree removals and canopy spacing requirements that will require the removal of trees from the site, as removals and canopy sp will be documented by the qualified Fire Protection Plan preparer required under the Sonoma will be documented by the qualified Fire Protection Plaarer required under the Valley Fire District's Conditions of Approval. As the Valley Fire District's Conditions of Approval. As the Valley Fire D Agenda Item #8.3:

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confirm, these confirm, these confirm, these obligations obligations obligations apply by operation of apply by operation of apply by operation of state law regardless regardless regardless of municipal municipal municipal zoning or zoning or zoning or general plan designation, and the local fire authority has independent authority to enforce them.general plan designation, a Under Sonoma Municipal CodeUnder Sonoma Municipal Code (SMC)(SMC) section 12.08.035, however, every tree removal (SMC) Under Sonoma Municipal Code —section 12.08.035, however—— including a stateincluding a state --mandated removal undertaken solely for compliance with the defensible space - including a state mandated removal unde framework —framework —— triggers a 1:1 replacement requirement with a 15 framework --gallon tree, or payment of a $700 - triggers a 1:1 replacement requirement with a 15 gallon tree, or payment trigg perper --tree in - per -tree in -lieu - fee. lieutree in fee. lieu Applied to state fee. -Applied to state mandated defensible space removals, this requirement would -- Applied to state mandated defensible spa obligate the Applicants to plant new trees to replace the very fuel that the state legislature has obligate the Applicants determined must be removed for fire safetydetermined must be removed for fire safety in the VHFHSZ. in the VHFHSZ. That outcome is in direct tension in the VHFHSZ. determined must be removed for That outcome is in dire with the with the with the policy underlying Government policy underlying Government policy underlying Government Code section 51182, which the section 51182, which the section 51182, which the legislature legislature legislature enacted enacted enacted to compel fuel reduction in the wildlandcompel fuel reduction in the wildland urban interface following the 2017 and 2020 California compel fuel reduction in the wildland urban interface followin--- wildfire seasons.wildfire seasons.wildfire seasons.

City City Planning staff has confirmed in writing (May 18, 2026 correspondence to the PP City lanning staff has confirmed in w aapplicants) that the tree removal permit process under SMC 12.08.035 is administratively waived a pplicants) that the tree re for state-for state mandated defensible space removals. -- for state mandated defensible space removals. Staff has further indicated, however, that the 1:1 mandated defensible space removalsStaff has further indicat replacement requirement and in-replacement requirement and in lieu fee cannot be waived without Council action. -- replacement requirement and in lieu fee cannot be waived without Coun As such, weAs such, we respectfully request Council direct staff to incorporate the following clarifying As such, we respectfully request Cou language into the Conditions of Approval prior to final adoption:language into the Conditions of Approval prior to final ad "Tree removals required by Government Code section 51182 and 14 C."Tree removals required by Government C..C...CR..C.Rsection 1299 R section 1299 section 129 et seq. for state et seqet seq-. for state mandated defensible space, as documented by the qualified Fire Protection Plan -- . for state mandated defensible sp preparer, shall not be subject to the 1:1 replacement requirement or in-preparer, shall not be subject to the 1:1 replacement rlieu fee under SMC section -- lieu fee under SMC sect

12.08.035. Tree 12.08.035. Tree 12.08.035. Tree removals removals removals related related related to development to development to development of the Project Project Project shall remain subject to those provisions."provisions."provisions."
This request is narrow and limited to stateThis request is narrow and limited to state -mandated removals. The -- mandated removals. The Project aProject aThis request is narrow and limProject amandated removals. pplicants are pplican not requesting any modification to requesting any modification to requesting any modification to the replacement replacement replacement obligations obligations obligations for development development development-related -- tree removals, which will remain subject to SMC section removals, which will remain subject to SMC 12.08.035 as written. section section 12.08.035 as written. The Project a The The Project a removals, which will remain sub12.08.035 as written. Project applicants pplican are committed to onare committed to on site replanting where feasible and consistent with the same canopy are committed to on--- -site replanting where feasible and -spacing - spacing spacing and WELO constraints that necessitated the underlying removal.and WELO constraints that necessitated the underlying re Agenda Item #8.3:

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Sonoma City Council
May 20, 2026

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We respectfully request that this matter be considered and acted upon by Council at the We respectfully request May 20, 2026 hearingMay 20, 2026 hearingapprove the Project as proposed. May 20, 2026 hearing, and that the Council approve the Project as proposed. , and that the Council approve the P, and that th Very truly yours, Very truly yours, Very truly yours,

REUBEN, JUNIUS & ROSE, LLPREUBEN, JUNIUS & ROSE, L
Thomas Tunny Thomas Tunny Thomas Tunny
cc: David J. Ruderman, City Attorney cc:cc: David J. Ruderman, City Attorney David J. Ruderman, City Attorney Jennifer Jennifer Jennifer Gates, Community Development Director Gates, Community Development Director Gat Agenda Item #8.3:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 20 May 2026
Department
Community Development
Department
Staff Contact
Jennifer Gates, AICP
Community Development Director
Agenda Item Title
Public Hearing to Consider, Discuss, and Approve a Use Permit and Design Review (UA 23- 16) for Construction of a Proposed New Single-family Home and Detached Garage at Lot 228 Brazil Street (APN: 018-051-015), Including Action to Approve a Categorical Exemption Pursuant to Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the State CEQA Guidelines for New Construction of Up to Three Residential Units and Accessory Structures
Summary
Background:

In 2018 the City Council denied an application on appeal for a proposed single-family home at Lot 228 Brazil Street, along with two other applications for 149 Fourth Street East and Lot 227 Brazil Street. A lawsuit arose from that denial and through discussions a Settlement Agreement (attached) was entered into between the City and the Applicant, as well as the other petitioners in the lawsuit. The Agreement requires the Applicant to submit new applications for all three properties and the City Council to consider approval at a public hearing rather than the Planning Commission.

In late 2023, a new application was submitted for a new single-family home and detached garage for Lot 228 Brazil Street. The plans were reviewed by the Public Works Department, Fire Department, Community Development Department, and Permit Sonoma (Sewer) who have provided Conditions of Approval for the project.

Project Description
The project applicant proposes to construct a new single-family home on a 2.6 acres (113,584 sqft) lot in the Residential Hillside Zoning and Historic Overlay districts. The site will be accessed from Fourth Street East at Brazil Street from an existing road that will be widened.

A fire truck turn around is proposed at the end of the access road that is shared with Lot 227 Brazil and an additional one on the driveway in front of the proposed 539 sqft detached garage. Adjacent to the driveway will be the 5,127 sqft, single-family dwelling.

Architectural materials, finishes, and colors reflect natural materials and colors selected to blend with the environment. These include:
 Walls: natural stained wood siding, off white painted stucco, and light grey stone veneer
 Fascia and Trim: wood painted black
 Doors and Windows: aluminum clad in dark bronze
 Roof: single ply IB in dark grey (flat roofs)
General Plan Consistency
The property is designated Residential Hillside (R-HS) by the General Plan. The R-HS land use designation is intended to preserve Sonoma’s hillside backdrop, while allowing limited Agenda Item #8.4:

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residential development in conjunction with agricultural uses. As the proposed project would provide a single-family home with accessory structures, complies with the R-HS land use designation. The land use designation allows a residential density of up to 1 unit per 10 acres.

The project site is 2.6 acres and is allowed to have one dwelling unit, which is consistent with the proposed project.

The proposed project is consistent with the goals and policies of the City of Sonoma 2020 General Plan, which encourages infill development. In addition, the Community Development Element (CDE) of the General Plan recognizes that citizen approval of the Urban Growth Boundary (UBG) in 2000 reflects a commitment to focus growth within city limits to prevent urban sprawl into agriculturally and environmentally sensitive areas surrounding the City. The CDE notes that the UGB is also intended to concentrate future residential, commercial, and industrial growth in areas already served by urban services.

Applicable General Policies include the following:

Community Development Element
 Limit growth in Sonoma to a rate that is based on the cost-effective provision of services within the sphere of influence (CDE 1.6).
 Preserve and enhance the scale of the community without imposing rigid stylistic restrictions (CDE 5.1).

Housing Element:
 Encourage diversity in the type, density, size, affordability, and tenure of residential development in Sonoma, while maintaining quality of life goals for the community (Policy H- 1.1).
 Maintain and enhance the existing housing stock, preserve the affordable housing stock, and ensure that new residential development is consistent with Sonoma’s town character and neighborhood quality (HE Goal 3).
 Maintain sustainable neighborhoods with quality housing, infrastructure, and open space that fosters neighborhood character and the health of residents (H-3.1).  Promote environmental sustainability through support of existing and new development that minimizes reliance on natural resources (Goal H-6).  Promote the use of sustainable construction techniques and environmentally sensitive design for all housing to include best practices in water conservation, low-impact drainage, and greenhouse gas reduction (HE 6.3).

Environmental Resources Element:
 Require new development to provide adequate private and, where appropriate, public open space (ERE 1.4).
 Preserve existing trees and plant new trees (ERE 2.6).  Encourage construction, building maintenance, landscaping, and transportation practices that promote energy and water conservation and reduce green-house gas emissions (ERE 3.2).

Public Safety Element:
 Require development to be designed and constructed in a manner that reduces the potential for damage and injury from natural and human causes to the extent possible (PSE 1.1).
 Ensure that all development projects provide adequate fire protection (PSE 1.3).

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Overall, the proposed project is consistent with applicable General Plan policies.

Development Code Consistency
Zoning/Use: The project site is zoned Residential - Hillside (R-HS) and is within the Northeast Planning Area. The proposed project is consistent with the R-HS zoning as it is intended for hillside areas of the City that are suitable for very-low density single-family residential and agricultural land uses. As indicated in Table 2-1 Residential Uses and Permit Requirements in SMC Section 19.10.050, single-family dwellings require a Use Permit within the R-HS zoning district. The proposed project is consistent with the zoning code with the approval of a Use Permit. Additional consistency information is provided below under “Project Entitlements.”
Development Standards: The proposed project is governed by development standards contained in SMC Section 19.18 (Northeast Planning Area).

Table 1. Northeast Planning Area Development Standards
Development Feature Standard Compliance
Lot Size: 10 acres Legal Non-Conforming. 2.6
acres +/-
Setbacks: 30 feet
Complies. Main house is 34
feet at closest (northern)
corner and 158 feet at
furthest (southern) corner.

Accessory Structures
Setback:

Minimum5 feet for accessory
structures 9 feet or less in
wall height (SMC

19.50.080).

Complies. Garage is
located 5 feet 6 inches at its
closest corner and is 2 feet
in wall height at that point
since the garage is tucked
into the hillside.

FAR: .10 Complies. .05 FAR
Site Coverage: 15% Complies. 12.4%
Height:

Main Structure: 30 feet from
finished grade
Chimney: 38 feet
15 feet for accessory
structures within the
setbacks
Complies. Main house 28
feet 11 inches (11’-12’
ceiling height)
Chimney: 28 feet 11 inches
Garage: 10 feet 3 inches
Parking: 1 covered space
Complies. 2 spaces are
located within the detached
garage.

Site Access and Circulation: Vehicle access to the project site would be provided via a new driveway off Fourth Street East at Brazil Street. The proposed driveway would be a minimum of 20 feet wide and would provide direct access to the shared driveways to 95 Brazil Street, Lot 227 Brazil Street and Lot 228 Brazil Street. The shared driveway splits to provide access to Lots 227 and 228 and will be narrowed to 16 feet. A fire access turnaround will be provided at the end of the driveway where it enters into Lot 227, and another turnaround is provided in front of the garage.

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Utilities: The City of Sonoma Water Department provides water services to the City. Sonoma Clean Power is the default electricity service provider to the City via Pacific Gas and Electric (PG&E) infrastructure. PG&E provides natural gas services to the City. Sewer is provided by Sonoma Water (Sonoma Valley County Sanitation District). All proposed utility lines for the proposed project would be installed underground.

Stormwater Management: A Preliminary Stormwater Control Plan (Prelim SCP) was provided for this project along with the proposed projects for Lot 227 Brazil and 149 Fourth Street East. The Prelim SCP identifies fifteen bio retention areas, their drainage management area, the direction of the runoff being captured by each, and the bio retention capacity. The City Engineer must approve the final SCP prior to and as a condition precedent to the issuance of a building or grading permit. The SCP must include an Operation and Maintenance Plan for the Best Management Practices (BMPs) identified in the SCP that will be recorded on the property.

In addition, an Erosion and Sediment Control Plan (“Control Plan”) is required to be approved by the City Engineer before the issuance of a building or grading permit. The Best Management Practices specified in the approved Control Plan shall be implemented before and during any rainfall event. Grading shall only commence when erosion and sediment control measures have been installed, implemented, and maintained on the site to the satisfaction of the Public Works Director.

Landscaping: A Landscaping plan must be prepared that complies with SMC Chapter 14.32, Water Efficient Landscaping (WELO), and SMC Section 19.40.060, Landscape Standards. In addition, due to the location of the project site in a Very High Fire Severity Zone, the proposed landscaping must comply with the home hardening and separation requirements as required by the Fire Department.

Project Entitlements: The following entitlements are required for this project.

Use Permit (19.54.040): As indicated in Table 2-1 Residential Uses and Permit Requirements in SMC Section 19.10.050, single-family dwellings require a Use Permit within the R-HS zoning district along with the objectives identified in SMC Section 19.40.050. The proposed single-family dwelling and accessory structures is consistent with the development standards explained above and the hillside development and design standards described below. The location, size, design, and operating characteristics are compatible with the existing and future land use in the vicinity. The proposed use will not impair the architectural integrity and character of the zoning district as the area has diverse size, massing and design of dwellings.

Hillside Development (19.40.050):

Table 2. Hillside Development Standards
Development Feature Compliance
Structure Height
Complies. See Table 1 above for height
measurements; the heights do not exceed
the maximum allowed in the zoning district.

Grading and Drainage
Complies. The project proposes to cut 780
cubic yards of which 620 cubic yards will be
used as fill onsite, and 160 cubic yards
exported from the site. The proposed
buildings are cut into the hillside and step
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with the hillside. All areas will be protected
from erosion and include bioretention
facilities.

Street Layout
Complies. The proposed roads and fire
access turnarounds and turnouts are graded
to blend with existing topography where
feasible. Due to the slope of the hillside and
the limitations on the slope of the road for
the fire truck access requires areas of cut
and fill. This will require some retaining walls
of 4 feet along the side of the proposed road
at cut locations and fills will be sloped to
blend with the topography and will include
plant restoration and erosion control. The
driveway for both Lots 227 and 228 will be
required to cut 2890 cubic yards which will
be used as fill on the site for the driveway.

Terrain Alteration
Complies. Protruding and steeply cut
slopes for roads and lot pads are avoided.

Buildings and roads are cut into the terrain
as described below but it is limited to what is
needed to provide a fire truck access road.

Lot Pad Grading
Complies. The lot pad grading, including
access roads and driveways for Lot 228
adheres the 5,000 square foot maximum.

The total proposed grading is 4,882 square
feet.

Site and Structure Design
Complies. The proposed project uses
varying structure heights and setbacks for
the proposed structures that terrace with the
direction of the slope. The foundation is split
level with limited areas of overlap between
the upper level with the lower level.

Design and Location of Structures
Complies. The structures blend with the
terrain using stepped footing, separation of
structures to minimize massing and the
earthtones are used for the building
materials and color palette. The lower level
is excavated into the slope to reduce the
visual bulk of the structure and portions of
the lower level roof provides deck space for
the upper level.

Retaining Walls Complies. Retaining walls are no taller than five feet.

Slope Restoration
Complies. Drought-tolerant trees, shrubs,
and ground cover that are compatible with
existing surrounding vegetation will be
required for the replanting of slopes.

Preservation of Ridgelines
Complies. The proposed project is located
below the ridgeline and the peak of
Schocken Hill.

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The project site planning and design that comply with the objectives of the City’s hillside development criteria including protecting the natural topography to the greatest extent possible; and utilizing a variety of setbacks and building heights, and forms to blend into the terrain.

Design Review: The project's design and architecture comply with the applicable policies and regulations set forth in the Development Code. Development of the project would meet applicable development standards for the Residential Hillside zoning district, including limits on height, setbacks, site coverage, and floor area ratio. The proposed Project is consistent with the design guidelines contained in Chapter 19.18 (Northeast Planning Area) as the proposed structures are below the maximum height limit, meets the setback requirements and are compatible with adjacent development. The proposed project is within the Historic Overlay, however the site is not a historic resource and is not located in a historic district. (See Cultural Resources Report.) While some of the proposed improvements would be visible from the south, in general, the project is tucked behind existing vegetation and would not significantly impact public or private views.

Consistency with other City Ordinances
Tree Removal: Tree removal for new development is governed by SMC Section 12.08.035 (Applications for new development). As required by the City’s Tree Ordinance, an arborist report was prepared, which in 2017 identified and evaluated a total of 7 trees on the site and construction of the proposed project would require the removal of 2 trees. Tree replacement is required on a 1:1 basis with one 15-gallon tree for each six inches of trunk diameter being removed. As conditioned, the landscape plan submitted with building permits shall identify that each tree shall be at least 15 gallons in size, along with an updated tree removal and protection plan. Therefore, the proposed tree removal and replacement complies with SMC Section 12.08.035. The Arborist Report is contained within the Biological Resources Report.

Discussion of Project Issues
Project Modification: The applicant has provided in the Project Narrative (attached) an overview of modifications that have been made to the 2017 project with the current submittal.

These include reductions in the overall building height and plate height for both levels.

Stepped Design: Per the Settlement Agreement, the buildings will not have second stories but may be tiered and stepped down the hillside. The project proposes a tiered building design with the upper level overlapping the lower level for approximately 1,384 square feet of the proposed 5,127 square foot house, or 27 percent of the house overlaps. The stepped design is also consistent with the Hillside Design Standards in that there are below grade rooms and the roofs of the lower level are used as decks for the upper level.

Very High Fire Severity Zone:The wildland interface requirements under Chapter 7A of the Building Code will apply to the site, including vegetation management and use of fire-resistant exterior materials. Substantial improvements will be necessary to provide City water service (both domestic and fire sprinkler) with adequate pressure to the proposed structures on the lot, possibly requiring booster pumps and backflow prevention devices. See Fire Department Conditions of Approval (attached).

Environmental Review
The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15303 (Class 3 - New Construction or Agenda Item #8.4:

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Conversion of Small Structures) as the project is consistent with the General Plan land use designation and policies and the zoning designation and applicable regulations (as discussed above). A memo prepared by the City’s CEQA consultant engaged for this project, AECOM, demonstrates that the proposed project meets the Class 3 exemption as it entails construction of a single-family dwelling and accessory structures. The site does not contain endangered, rare, or threatened species and would not result in any significant effects relating to traffic, noise, air quality or water quality (See attached CEQA Memo). Additionally, the project would be adequately served by all required utilities and public services. Therefore, the project meets all of the required criteria to utilize a Class 3 exemption.

Recommended Council Action
Adopt a Resolution approving Use Permit and Design Review (UA 23-16) for construction of a proposed new single-family home and detached garage at Lot 228 Brazil Street (APN: 018- 051-015), including action to approve a Categorical Exemption pursuant to Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the State CEQA Guidelines for new construction of up to three residential units and accessory structures, as proposed subject to the findings and conditions of approval.

Alternative Actions
Council alternative.

Financial Impact
Not applicable
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - Brazil Hillside - Lot 228 Brazil
Conditions of Approval - Lot 228
Sonoma Hillside CEQA Memo
Lot 228 Brazil Narrative
Lot 228 Brazil Materials Board
Lot 228 Brazil Arch Plans
Lot 228 Brazil Civil Plans
Lot 228 Brazil Geotechnical
Settlement Agreement 2021
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1 CITY OF SONOMA

CITY COUNCIL
RESOLUTION # _______ - 2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA
APPROVING THE USE PERMIT AND DESIGN REVIEW APPLICATION (UA-23- 16) OF CHAD MOLL FOR 228 BRAZIL DEVELOPMENT LLC FOR A NEW SINGLE-FAMILY DWELLING AND ACCESSORY STRUCTURES AT LOT 228 BRAZIL STREET (APN 018-051-015) INCLUDING ACTION TO APPROVE A CATEGORICAL EXEMPTION PURSUANT TO SECTION 15303 (NEW

CONSTRUCTION) OF THE STATE CEQA GUIDELINES
WHEREAS, on December 20, 2023 Chad Moll submitted an application to the City of Sonoma for a Use Permit and Design Review Permit to construct a new single-family home and accessory structures at Lot 227 Brazil Street (“Project”); and WHEREAS, the Project was subject to a Settlement Agreement entered into between the City and the Property Owner in 2021 after a prior project was denied; and WHEREAS, the City of Sonoma (“City”) determined that the Project was Categorically Exempt from the requirements of the California Environmental Quality Act (“CEQA”), per CEQA Section 15303 (New Construction). The Project, in conjunction with two other neighboring single-family home projects, is exempt pursuant to Section 15303 because it entails not more than three single-family dwellings with accessory structures that are consistent with the General Plan land use designation and policies and the zoning designation and applicable regulations. The site does not contain endangered, rare, or threatened species and the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The Project would be adequately served by all required utilities and public services; and
WHEREAS, the City Council considered and concurred with the Class 3 Categorical Exemption prior to taking any action on the Project; and WHEREAS, the City Council held a duly noticed public hearing on May 20, 2026, to consider the merits of the Use Permit and Design Review for the Project and hear testimony in favor of, and in opposition to, the Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that it hereby finds and declares as follows:

I. Record
A. The record of proceedings (“Record”) upon which all findings and determinations related to the Project and the Class 3 Categorical Exemption are based includes, but is not limited to:

1. The technical reports and all other documents relied upon for the Categorical Exemption;

2. The staff reports, City files, records and other documents, and all other information (including written evidence and testimony) prepared for and/or submitted to the City Council relating to the Project;
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2 3. All information (including written evidence and testimony) presented to the City by the staff, applicant, public, environmental consultants and sub consultants relating to the Project;

4. All information (including written evidence and testimony) presented to the City by other public agencies relating to the Project;

5. All documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the City relating to the Project;

6. For documentary and information purposes, the General Plan, its related environmental document, the Sonoma Municipal Code and all other City-adopted land use plans and ordinances, including, without limitation, specific plans, guidelines and ordinances;

7. All other matters of common knowledge to the City Council, including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City of Sonoma and its surrounding areas;

8. The evidence, facts, findings and other determinations set forth in this resolution; and

9. All other documents comprising the record of proceedings pursuant to California Code of Civil Procedure Section 1094.5.

B. The findings contained in this Resolution are based upon the evidence in the entire Record relating to the Project. All the evidence supporting these findings was presented in a timely fashion, and early enough to allow adequate consideration by the City. References to specific reports and specific pages of documents are not intended to identify those sources as the exclusive basis for the findings.

The custodian of the documents and other materials that constitute the record of proceedings on which the City’s decision is based is the City Clerk, or designee. Such documents and other materials are located at Sonoma City Hall, No. 1 The Plaza, Sonoma, CA 95476.

II. Use Permit Findings
In accordance with Section 19.54.040.E of the Sonoma Municipal Code, the City Council has determined that the Project, as conditioned herein, is consistent with the findings required for Use Permit approval. The City hereby makes the following findings based on the facts contained in the Record as a whole, including, but not limited to those set forth below.

1. The proposed use is consistent with the General Plan and any specific plan; The development and use of the property as a single-family dwelling and accessory structures is consistent with the City of Sonoma 2020 General Plan. The Project site is designated Residential Hillside (R-HS) by the General Plan. The R-HS land use designation is intended to preserve Sonoma’s hillside backdrop, while allowing limited residential development in conjunction with agricultural uses. As the proposed Project would provide a single-family home with accessory structures, it complies with the R-HS land use designation.

The land use designation allows a residential density of up to 1 unit per 10 acres. The Project site is 2.6 acres and is allowed to have one dwelling unit, which is consistent with the proposed Project.

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3 The proposed Project is consistent with the goals and policies of the City of Sonoma 2020 General Plan, which encourages infill development. In addition, the Community Development Element (CDE) of the General Plan recognizes that citizen approval of the Urban Growth Boundary (UBG) in 2000 reflects a commitment to focus growth within City limits in order to prevent urban sprawl into agriculturally and environmentally sensitive areas surrounding the city. The CDE notes that the UGB is also intended to concentrate future residential, commercial, and industrial growth in areas already served by urban services.

Applicable General Policies include the following:

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4 Overall, the proposed Project is consistent with applicable General Plan policies. There is no Specific Plan applicable to the Project site.

2. The proposed use is allowed with a conditional use permit within the applicable zoning district and complies with all applicable standards and regulations of this development code (except for approved variances and exceptions);
The Project is located in the Residential Hillside zoning district. Single-family residential land uses are identified as conditionally allowed uses in the zoning district as set forth in Sonoma Municipal Code (SMC) Section 19.10.050. The proposed uses are allowed with a Use Permit within the zoning district and as conditioned, the Project would comply with applicable standards contained in the SMC. The Project complies with the development standards applicable to new development in the Northeast Planning Area and the development and design standards applicable to new development in Hillside Development (SMC 19.40.050) as it is tucked behind existing vegetation and would not significantly impact public or private views.

3. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; and Location: The Project site is zoned Residential-Hillside and is located within the Northeast Planning Area. The zoning district identifies single-family dwellings as allowable uses, subject to Use Permit review and approval to preserve and protect views to and from the hillside areas, preserve significant topographical features and habitats consistent with the character and environmental quality of the city. The proposed location of roads and buildings is to minimize impacts to the topography by stepping with the terrain and limiting grading needs.

Size: The Project complies with Development Code standards regulating building height, site coverage, and floor area ratio and is compatible with existing development in terms of size massing and design.

Design: The Project complies with Development Code standards concerning building height, setbacks, site coverage, and floor area ratio, which have as their purpose ensuring that new development fits appropriately within its surroundings. The Project also complies with Infill in the Historic Overlay Zone and the Objectives of the Hillside Development. The Project is a tiered multi-level house that steps with the slope. The color and materials selected are all natural and proposed to blend with the environment.

Operating Characteristics: The site is intended and will be used for single-family residence.

4. The proposed use will not impair the architectural integrity and character of the zoning district in which it is to be located.

The proposed uses would not impair the architectural integrity and character of the zoning district in which it is located. The Project site is in the Residential Hillside zoning Agenda Item #8.4:

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5 district in the Northeast Planning Area, which supports a mix of single-family residential development of a variety of sizes with accessory structures. The Project also complies with Infill in the Historic Overlay Zone and the Objectives of the Hillside Development.

Therefore, the Project would not impair the character of its surroundings.

In accordance with Section 9.50.050.F of the Sonoma Municipal Code, the City Council has also evaluated the Project and finds, as conditioned herein, it meet the objectives for a use permit application for hillside development based on the facts contained in the Record as a whole, including, but not limited to those set forth below.

1. The preservation of natural topographic features and appearances by maintaining the natural topography to the greatest extent possible; The Project proposes to only impact the natural topography for the construction of the roads and structures. The structures are cut into the terrain, limiting the need for lot pad grading and limiting the need for retaining walls.

2. The protection of natural topographic features and appearances through limitations on successive padding and terracing of building sites and the preservation of significant ridgelines, steep slopes, natural rock outcroppings, drainage courses, prominent trees and woodlands, vernal pools, and other areas of special natural terrain; The building sites are cut into the slope of the lot and proposes terraced walkways adjacent to the house. There are no signification ridgelines, rock outcroppings, or other areas of special natural terrain identified on this site.

3. The utilization of varying setbacks, building heights, foundation designs, and compatible building forms, materials, and colors that help blend buildings into the terrain;
The setbacks vary for all of the walls of the structures in relation to the parcel lines. The building heights and massing of the main house varies throughout the design to limit the visual massing. The lower level is excavated into the slope to reduce the visual bulk of the structure and portions of the lower-level roof provide deck space for the upper level. In addition, the accessory structure being subordinate in design and size to the main house. The natural materials and colors will help to blend the Project into the natural terrain.

4. The utilization of clustered sites and buildings on more gently sloping terrain to reduce grading alterations on steeper slopes;
The Project is clustered on the lot but is located on the more gentling sloping terrain reducing steeper cuts and preserves steeper slopes.

5. The utilization of building designs, locations, and arrangements that protect views to and from the hillside area;
The Project location and site have limited visibility from the public right-of way and does not materially impact views of the hillside. The ridgeline and peak of Schocken hill is not impacted.

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6 6. The preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction of hillside areas; and
After grading, the slopes will be restored and planted with appropriate plant materials as a condition of approval. Only those trees directly impacted by the construction are proposed to be removed with a tree protection plan required for those remaining within the limits of construction.

7. The utilization of street designs and improvements that minimize grading alterations and harmonize with the natural contours of the hillsides.

The proposed roads and fire access turnarounds and turnouts are graded to blend with existing topography where feasible. Due to the slope of the hillside and the limitations on the slope of the road for the fire truck access requires areas of cut and fill. This will require some retaining walls of 4 feet along the side of the proposed road at cut locations and fills will be sloped to blend with the topography and will include plant restoration and erosion control.

III. Design Review Findings
Based on the findings below and pursuant to SMC Section 19.54.080, the City Council grants design review approval of the Project as conditioned herein. Specifically, the City Council hereby makes the following findings in support of its decision to grant design review approval based on the facts contained in the Record as a whole, including, but not limited to those set forth below:

1. The project complies with applicable policies and regulations, as set forth in this Development Code (except for approved Variances and Exceptions), other City ordinances, and the General Plan.

The Project’s site design and architecture comply with the applicable policies and regulations set forth in the Development Code. Development of the Project would meet applicable development standards for the Residential Hillside zoning district, including limits on height, setbacks, site coverage, and floor area ratio.

2. On balance, the project is consistent with the intent of applicable design guidelines set forth in the Development Code.

The proposed Project is consistent with the design guidelines contained in Chapter

19.18 (Northeast Planning Area) and Section 19.40.050 (Hillside Development) as the Project is located close to the road in less steep portion of the terrain, main house is terraced with the slope of the hill and the proposed structures are below the maximum height limit.

3. The project responds appropriately to the context of adjacent development, as well as existing site conditions and environmental features.

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7 The Project is compatible with adjacent development. The Project also complies with Development Code standards including building height, setbacks, site coverage, and floor area ratio, which ensure that new development fits appropriately within its surroundings. The proposed natural materials and colors help blend the proposed development into the environment. The terraced levels of the main house with the slope helps blend the Project with the existing site conditions. The existing trees and topography not within the limits of the construction are not proposed to be impacted by the development.

4. The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.

The proposed Project will not be detrimental to public health, safety, or welfare or materially injurious to properties and improvements in the vicinity. The Project proposes and is conditioned to provide necessary improvements to catch stormwater runoff and install erosion and fire protection measures on the site.

5. The project will not impair the historic character of its surroundings.

The proposed Project would not impair the historic character of the surroundings. The Project is not inside a historic district.

6. The project substantially complies with the applicable guidelines set forth in Chapter 19.42 SMC (Historic Preservation and Infill in the Historic Zone); The Project substantially complies with the applicable guidelines identified in Infill in the Historic Overlay Zone. The Project site has limited visibility from the public right-of-way.

7. The project substantially complies with any applicable preservation plan or other guidelines or requirements pertaining to a local historic district as designated through SMC 19.42.020 (Designation of a local historic resource or district) and adopted by the city of Sonoma.

The Project site is not subject to a preservation plan and the Project site is not within a local historic district designated through SMC 19.42.020. The Project site is located outside the Sonoma Plaza National Register Historic District, the Broadway District, Train District, and Sebastiani Cottage District.

IV. Indemnity and Time Limits
A. The applicant/developer, owner, and any successor in interest, severally and jointly, shall defend, indemnify, and hold harmless the City and its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against the City or its agents, officers, attorneys, or employees to attack, set aside, void, or annul the City Council's decision at issue herein, including any approval of any portion of the Project or the environmental review document(s) for the Project. This indemnification shall include damages or fees awarded against the City, if any, costs of suit, attorney's fees, and other costs and expenses incurred in connection with such action whether incurred by the applicant/developer, owner, the City, and/or parties initiating or bringing such action.

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8 B. The applicant/developer, owner, and any successor in interest, severally and jointly, shall defend, indemnify, and hold harmless the City, its agents, officers, employees, and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, preparing, redrafting, revising, or amending any document (included but not limited to any environmental document or study), if made necessary by any claim, action, or proceeding and if the applicant/developer or owner desires to pursue securing such approvals and/or clearances, after initiation of such claim, action, or proceeding, which are conditioned on the approval of such documents in a form and under conditions approved by the City Attorney.

C. In the event that a claim, action, or proceeding described in subsection number A or B above is brought, the City shall promptly notify the applicant/developer and owner of the existence of the claim, action, or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding. Nothing herein shall prohibit the City from participating in the defense of any claim, action, or proceeding; the City shall retain the right to approve (i) the counsel to so defend the City, (ii) all significant decisions concerning the manner in which the defense is conducted, and (iii) any and all settlements, which approval shall not be unreasonably withheld. The City shall also have the right not to participate in its defense, except that the City agrees to cooperate with the applicant/developer and owner in the defense of such claim, action, or proceeding. If the City chooses to have counsel of its own to defend any claim, action, or proceeding where the applicant/developer or owner has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the applicant/developer and owner.

D. The applicant/developer, owner, and any successor in interest, severally and jointly, shall indemnify the City for all the City's costs, fees, and damages which the City incurs in enforcing the above indemnification provisions.

E. If the applicant and/or owner is not a natural person, but is an entity, then the managing member, majority shareholder, or other principal of the entity shall be personally liable for the entity's obligations under these indemnification provisions.

F. Unless a shorter limitation period applies, the time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure section 1094.6.

G. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions, some of which may be subject to the Mitigation Fee Act (Government Code section 66000, et seq.). Pursuant to Government Code section 66020, subdivision (d)(1), the conditions constitute written notice of a statement of the amount of such fees and a description of dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions pursuant to Government Code section 66020, subdivision (a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Government Code section 66020, you will be legally barred from later challenging such exactions.

V. Project Approval
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9 Based on the findings set forth in this Resolution, the City Council hereby grants approval of a Use Permit and Design Review Project located at Lot 228 Brazil Street and as set forth in Project narrative and Project plans provided with the staff report on May 20, 2026, subject to the Conditions of Approval attached hereto and incorporated herein by reference.

VI. Effective Date
Under SMC Section 19.88.090, this decision of the City Council is final and is effective on the date of adoption.

RESOLVED AND ADOPTED this ___________________, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Ron Wellander, Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
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DRAFT
City of Sonoma City Council

CONDITIONS OF PROJECT APPROVAL
Brazil Hillside Lot 228 Brazil St (UA 23-16)
May 20, 2026
This Use Permit and Design Review Permit (UA-23-16) approval authorizes the construction of a 5,127 sqft single-family dwelling and 539 sqft detached garage, pool, driveway and paths (Project).

Any future modifications to the approved project beyond the scope may require submittal of an amendment to the Use Permit and Design Review Permit and approval by the authorized agency.

Community Development Department:

1. Landscaping.
a. Plan submittal requirements: All required Landscape Plan documents shall be submitted for review and approved by the Planning Division prior to the issuance of the Building Permit (e.g., WELO Worksheet, accessible here https://www.sonomacity.org/water-efficient-landscape- ordinance/ , irrigation plan, etc.).
b. WELO. Project will comply with the regulations pertaining to the State of California’s Water Efficient Landscaping Ordinance (WELO) and as outlined in Sonoma Municipal Code (SMC) Chapter 14.32, Water-Efficient Landscaping, including automative irrigation system plan.
c. Final Landscape Plan. Following approval of the land use entitlement, a final landscape plan shall be submitted as part of the application for a building permit. Final plans shall be approved by the community development director before the start of Agenda Item #8.4:

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on-site construction or soil disturbance and before the issuance of a building permit.

Projects requiring commission approval due to their size or use shall require plans be prepared by a licensed landscape architect or licensed contractor. Evidence shall also be provided that a licensed landscape contractor will be responsible for plant and irrigation installation and that irrigation is automatic. WELO documentation shall be submitted with the final landscape plan. Final landscape plan must demonstrate that landscape is designed to meet the requirements for sites located in the Very High Fire Severity Zone (VHFSZ).
d. Streetscape. Landscaping shall be provided adjacent to public right-of-way in conformance with applicable provisions of SMC 19.40.060, Landscape Standards, as well as meet streetscape standards pursuant to SMC 19.12.020 for rural roads. No new trees will be required unless trees are removed and it is feasible to replant.

Additional landscaping may include erosion control planting. e. Maintenance Required. Landscape areas shall be maintained to ensure survival and growth of the tree, bush, or ground cover in compliance with the approved landscape plan. Irrigation systems and their components shall be maintained in a fully functional manner. Regular maintenance shall include, but not be limited to, checking, adjusting, and repairing irrigation equipment; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas.

Enforcement Responsibility: Planning Division, Public Works Timing: Prior to issuance of building permit, as part of submittal, and ongoing

2. Exterior lighting shall conform to the California Energy Standards and standards and guidelines contained under Section 19.40.030 of the Development Code (Exterior Lighting). No light or glare shall be directed toward, or allowed to spill onto any offsite areas. All exterior light fixtures shall be shielded to avoid glare onto neighboring properties, and shall be the minimum necessary for site safety and security. Lighting and luminaire schedule shall provide consistent information across all plan sheets, including light pole height.

Enforcement Responsibility: Planning Division; Building Division Timing: Prior to issuance of occupancy permit

3. Solar Equipment. Solar equipment shall be in compliance with standards outlined in SMC Section 19.40.100 (C), Solar Equipment.

Enforcement Responsibility: Planning Division; Building Division Timing: Prior first occupancy for each individual building

4. Address Assignment: An Address Assignment shall be submitted prior to building permits issuance and approved by the Community Development Department.

Enforcement Responsibility: Planning Division
Timing: Prior to issuance of building permit to construct new residential buildings Agenda Item #8.4:

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5. The project shall be constructed in accordance with the following requirements related to tree preservation, mitigation, and replacement as set forth in SMC Section

12.08.35:
a. Applicant shall submit an updated tree replacement plan, which shall be prepared by a certified arborist and shall identify proposed replacement trees, including species and size and planting measures to be included in the Final Landscape Plan. Tree replacement shall be consistent with those outlined in SMC 12.08.035 (E)(1) through (3). The tree replacement plan shall be subject to approval by the Community Development Director per applicable City standards.
b. The applicant shall submit a tree protection plan outlining all tree protection measures to be implemented. All applicable project design and construction requirements related to the protection of trees shall be implemented in accordance with SMC Section 12.08.035 F(1) through F(6) and accepted ISA guidelines, unless modified or waived by the director of public works in consultation with the project arborist. The tree protection plan shall be subject to approval by the Community Development Director.
c. Tree replacement shall consist of a 1 to 1 ratio with 15-gallon sizes. If larger tree sizes are provided 2 each 15-gallon trees may be replaced with 1 each 24-inch box size, and 3 each 15-gallon trees may be replaced with 1 each 36 inch box size; or payment of an in-lieu fee.

Enforcement Responsibility: Planning Division
Timing: Prior to the issuance of the grading permit and/or removal of trees from the site.

13. If archaeological remains or a dense concentration of historic period site indicators are uncovered, work at the place of the discovery shall be halted immediately until a qualified archaeologist can evaluate the finds. Prehistoric archaeological site indicators include: obsidian and chert flakes and chipped stone tools; grinding and mashing implements (e.g., slabs and handstones, and mortars and pestles); bedrock outcrops and boulders with mortar cups; and locally darkened midden soils. Midden soils may contain a combination of any of the previously listed items with the possible addition of bone and shell remains, and fire affected stones. Historic period site indicators generally include: fragments of glass, ceramic, and metal objects; milled and split lumber; and structure and feature remains such as building foundations and discrete trash deposits (e.g., wells, privy pits, dumps).

Enforcement Responsibility: Building Division; Planning Division; Public Works Department
Timing: Ongoing during construction

14. The Society of Vertebrate Paleontology, a national scientific organization of professional vertebrate paleontologists, has established standard guidelines that outline acceptable professional practices in the conduct of paleontological resource assessments and surveys, monitoring and mitigation, data and fossil recovery, sampling procedures, specimen preparation, analysis, and curation. Most practicing professional paleontologists in the nation adhere to the Society of Vertebrate Paleontology Agenda Item #8.4:

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assessment, mitigation, and monitoring requirements, as specifically spelled out in its standard guidelines. If paleontological resources are identified during construction activities, all work in the immediate area will cease until a qualified paleontologist has evaluated the finds in accordance with the standard guidelines established by the Society of Vertebrate Paleontology. If the paleontological resources are considered to be significant, a data recovery program will be implemented in accordance with the guidelines established by the Society of Vertebrate Paleontology. Data recovery will reduce all impacts to a less-than-significant level.

Enforcement Responsibility: Building Division; Planning Division; Public Works Department
Timing: Ongoing during construction

15. In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps should be taken:
a. There shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlie adjacent human remains until:
1) The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and 2) If the coroner determines the remains to be Native American:
i. The coroner shall contact the NAHC within 24 hours.
ii. The NAHC shall identify the person or persons it believes to be the most likely descended from the deceased Native American.
iii. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Section 5097.98 of the Public Resources Code, or b. Where the following conditions occur, the landowner or the landowner’s authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance.
1) The NAHC is unable to identify the most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission.
2) The descendant identified fails to make a recommendation; or 3) The landowner or the landowner’s authorized representative rejects the recommendation of the descendant, and the mediation by the NAHC fails to provide measures acceptable to the landowner.

Enforcement Responsibility: Building Division; Planning Division; Public Works Department
Timing: Ongoing during construction

16. Biology:
a. Develop and implement a worker environmental awareness program Before the start of any construction activity, the project applicant will develop a worker environmental awareness program (WEAP) that will be provided to all personnel working on the project area during construction and operation. Training materials and briefings will include but not be limited to the following elements:

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• A discussion of applicable requirements established by the following laws and regulations, consequences of noncompliance, and the specific conditions of permits obtained for the project from USFWS and CDFW, under the federal ESA, California Endangered Species Act, and the Migratory Bird Treaty Act; • Identification and values of the special-status plant and wildlife species to be protected by the project; identification of important wildlife habitat and sensitive requirements during various life stages, and the species protected status. • Fire protection measures, measures to avoid introduction and minimize the spread of invasive weeds during construction and operation; procedures for managing trash and food waste to prevent attracting corvids nuisance wildlife to the site; and procedures for preventing and containing spills of hazardous substances.

The project applicant will conduct the worker-training program for new employees coming on the project area before the start of any construction activity that would disturb surface soils. The project applicant will ensure that all personnel working on site receive the training, including construction contractors and Sonoma Hillside Project personnel who will operate and maintain project facilities. The training program will be recorded and subsequently shown to any project personnel who are unable to attend the initial training program.
b. Conduct Pre-Construction Surveys for Swainson’s Hawk and Implement Protective Buffers
Preconstruction Surveys. A qualified biologist will conduct at least two preconstruction surveys for Swainson’s hawks when construction activities are scheduled during the nesting season (March 1 through September 1) within the project footprint and all suitable nesting habitat within line of sight of construction activities within a 0.25- mile radius of the project footprint. The surveys will be conducted using methods consistent with guidelines provided in Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in the Central Valley (SHTAC 2000) with the following exceptions:
• Surveys will be required within a 0.25-mile (1,320-foot) radius around the project area.

In instances where an adjacent parcel is not accessible to survey because the qualified biologist was not granted permission to enter, the qualified biologist will scan all potential nest tree(s) from the adjacent property, road sides, or other safe, publicly accessible viewpoints, without trespassing, using binoculars and/or a spotting scope to look for Swainson’s hawk nesting activity;
• Surveys will occur during the recommended Swainson’s hawk survey period (SHTAC 2000) immediately prior to the project’s initiation and, if possible, within 15 days of the initiation of construction activities; and
• Two surveys shall be conducted prior to initial ground-disturbing activities 15 days prior to any project work including vegetation removal or active construction, including demolition, site grading, or use of heavy equipment. The initial two preconstruction surveys should be spaced at least 7 days apart and no more than 15 days apart. If active construction lapses for more than 15 days, another preconstruction survey for Swainson’s hawk activity is required.

Nest Buffers. If active Swainson’s hawk nests are found, appropriate buffers shall be established around active nest sites, in coordination with CDFW, to provide adequate protection for nesting raptors and their young. No project activity shall commence during the nesting season within the buffer areas until the qualified biologist has determined Agenda Item #8.4:

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that the young have fledged, the nest is no longer active, or reducing the buffer would not result in nest abandonment.

Nest Monitoring. Monitoring of the nest by a qualified biologist during construction activities may be required if the qualified biologist determines that the activity has potential to adversely affect the nest. If construction activities cause the nesting bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off the nest, then the no-disturbance buffer shall be increased until the agitated behavior ceases. The exclusionary buffer will remain in place until the qualified biologist has confirmed that the chicks have fledged. Information about avoidance and minimization measures for Swainson’s hawk shall be included in the WEAP described above in Avoidance and Minimization Measure BIO-1.
c. Conduct Pre-Construction Surveys for Nesting Birds and Raptors Tree or vegetation removal shall be conducted outside of the nesting season (i.e., the nesting season is defined as February 1 through August 31) to the greatest extent feasible. If construction activities will begin during the nesting season, a qualified biologist shall conduct a survey for nesting birds no more than 3 days prior to vegetation removal or ground-disturbing activities during the nesting season within suitable habitat (i.e., February 1 through August 31). The survey shall cover the limits of construction and accessible suitable nesting habitat within 500 feet. If any active nests are observed during surveys, a qualified biologist should establish a suitable avoidance buffer from the active nest. The buffer distance will typically range from 50 feet (for nesting passerines) to 500 feet (for nesting raptors) and will be determined based on factors such as the species of bird, topographic features, intensity and extent of the disturbance, timing relative to the nesting cycle, and anticipated ground disturbance schedule.

If vegetation removal activities are delayed, additional nest surveys shall be conducted such that no more than 7 days are allowed to pass between the survey and vegetation removal activities.
d. Avoid Impacts on Nesting Birds and Raptors during Construction Limits of construction to avoid active nests shall be established in the field with flagging, fencing, or other appropriate barriers and shall be maintained until the chicks have fledged and the nests are no longer active, as determined by the qualified biologist.

If an active nest is identified in or adjacent to the construction zone after construction has started, work in the vicinity of the nest shall be halted until the qualified biologist can provide appropriate avoidance and minimization measures to ensure that the nest is not disturbed by construction. Appropriate measures may include a no-disturbance buffer until the nest has fledged and/or full-time monitoring by a qualified biologist during construction activities conducted near the nest. Information about avoidance measures to protect nesting birds and raptors shall be included in the WEAP described above in Avoidance and Minimization Measure BIO-1.
e. Avoid, Minimize, and Mitigate for Impacts on Bats
A qualified biologist shall conduct a preconstruction habitat assessment for potential communal bat roosts within the project area and a 300-foot buffer of the project area, ideally one year in advance of, but no less than 30 days prior to the start of construction.

The habitat assessment should include a visual inspection of potential roosting features (e.g., hollows in trees, bridges), including looking for the presence of guano. If potential Agenda Item #8.4:

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maternity roosts or winter hibernacula are found, their locations shall be mapped, and the project shall avoid all areas within a 300-foot buffer around the potential roost sites.

The non-disturbance buffer shall remain in place during the maternity and winter hibernation seasons (May 1 through August 15, and November 1 through March 31) or until bats have vacated the roost, unless otherwise authorized by CDFW and USFWS, as relevant. Information about avoidance measures to protect roosting bats shall be included in the WEAP described above in Avoidance and Minimization Measure BIO-1. f. Special-Status Plant Protection.

Preconstruction Surveys. Before commencing construction activities, a qualified botanist will survey suitable habitat within the disturbance footprint of the activity, during the appropriate identification period for Franciscan onion, Napa false indigo, big-scale balsamroot, narrow-anthered brodiaea, bent-flowered fiddleneck, Rincon Ridge manzanita, Clara Hunt's milk-vetch, Rincon Ridge ceanothus, holly-leaved ceanothus, Tiburon buckwheat, congested-headed hayfield tarplant, thin-lobed horkelia, Jepson's leptosiphon, Cobb Mountain lupine, Sonoma beardtongue, Mount Burdell jewelflower, green jewelflower, Napa bluecurls, two-fork clover, and oval-leaved viburnum. Survey methods will be consistent with Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018) and Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed, and Candidate Plants (USFWS 2000). If no special-status plants are observed during appropriately timed surveys by a qualified botanist, it is assumed that the project will have no impact on special-status plants, and no further action is required.

Impact Avoidance. If special-status plants are identified within the planned construction area, the individuals or populations will be mapped and quantified and reported to the California Natural Diversity Database (CNDDB), and the project manager will be notified so that potential impacts to these known occurrences will be avoided, when feasible.

Avoidance and minimization measures may include:
• No-disturbance buffers marked with temporary fencing, high-visibility flagging, or other means that are equally effective.
• Work windows for low-impact activities such as mowing, grazing, or burning of channel vegetation that are compatible with the dormant phase of a special-status plant life cycle but that may kill living plants or severely alter their ability to reproduce. • Silt fencing or construction fencing to prevent vehicles, equipment, and personnel from accessing the occupied habitat.
• Erosion control BMPs such as straw wattles, erosion control blankets, or hydroseeding with a native plant seed mix to prevent sedimentation from upslope maintenance activities.
• If needed, a qualified biologist will be present or on call during maintenance activities to provide guidance on avoiding special-status plants, ensure that other avoidance measures (e.g., buffers, fencing) are observed, and to document the total impact of the maintenance activity, particularly if it is greater or less than anticipated.

Agency Coordination. If work is required in areas where special-status plant populations are present and cannot be avoided, the project applicant will coordinate with CDFW or USFWS staff, as appropriate, to develop appropriate minimization measures.

Information about avoidance measures to protect special-status plants shall be included in the WEAP described above in Avoidance and Minimization Measure subsection 16(a).

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Enforcement Responsibility: Building Division; Planning Division; Public Works Department
Timing: Prior to the issuance of the grading permit and/or removal of trees from the site. Ongoing during construction.

Building Division:

17. The applicant shall submit a complete set of construction plans to the Community Development Department for building permit plan check processing. The submittal shall include, but not limited to, a Soils/Geotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). A comprehensive plan check will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required.

Enforcement Responsibility: Building Division
Timing: Prior to Issuance of a Building Permit, Ongoing during construction

18. Fire hydrants/lines shall be installed in the number and at the locations specified by the Fire Chief and the City Engineer. Fire hydrants shall be installed and in working condition prior to stockpiling combustible material(s) for combustible construction.

Enforcement Responsibility: City Engineer, Public Works Department, Fire Department, Building Division
Timing: Prior to combustible materials being onsite for construction.

19. The Applicant shall arrange with the local garbage company to collect garbage, compost and recycling containers on the interior roadways.

Enforcement Responsibility: Building Division
Timing: Prior to Issuance of a Building Permit, Ongoing during construction

20. Dust control measures, including, but not limited to the following, shall be implemented as necessary during the construction phase of the project: 1) all exposed soil areas (i.e. building sites, unpaved access roads, parking or staging areas) shall be watered at least twice daily or as required by the City’s construction inspector, 2) exposed soil stockpiles shall be enclosed, covered, or watered twice daily; and 3) streets adjoining the project site (Brazil and Fourth Street East) shall be swept daily, if visible soil material is deposited onto the road.

Enforcement Responsibility: Building Division
Timing: Prior to Issuance of a Building Permit, Ongoing during construction Agenda Item #8.4:

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21. Provide a preliminary Construction Management Plan (CMP) including a schedule of construction milestones. The CMP shall contain the following:
• Estimated project duration and timeline
• Preliminary schedule of milestones (excavation, grading, and off haul duration; foundation work; framing; flatwork/paving; punch list/final inspection) • Excavation and disposal methods
• Equipment to be used
• Site access location
• Storage and staging location of materials and equipment/portable toilet/debris box and waste bins
• Truck loading area and temporary traffic control required as necessary • Haul route
Enforcement Responsibility: City Engineer; Building Division Timing: Prior to issuance of a Grading and Site Improvement Permit, Ongoing during construction

22. Prior to the start of any on-site demolition (including tree removal), site development and building construction, the applicant shall provide written notification at least one week in advance of the commencement of the construction activity to immediately adjacent property owners / residents. The notice should provide the type of activity, expected commencement date, hours of operation, and the contact information of the on-site responsible parties (e.g. developer on-site manager, project manager, and City official.) Provide written notification to the Building Division.

Enforcement Responsibility: Building Division
Timing: Prior to issuance of a Grading and Site Improvement Permit

23. All construction equipment shall be properly maintained and equipped with noisereduction intake and exhaust muffles and engine shrouds, in accordance with manufacturer’s recommendations. Equipment engine shrouds shall be closed during equipment operation. Stationary equipment (power generators, compressors, etc.) shall be located at the furthest practical distance from nearby noise-sensitive land uses or sufficiently shielded to reduce noise-related impacts. When not in use, motorized construction equipment shall not be left idling from more than 5 minutes. Noiseproducing construction activities and materials delivery shall comply with the limitations of the City’s Noise Ordinance, including limiting noise producing construction activities and deliveries to the following days and hours:

MONDAY – FRIDAY: 8:00 a.m. to 6:00 p.m.

SATURDAY: 9:00 a.m. to 6:00 p.m.

SUNDAY/CITY-DESIGNATED
HOLIDAYS:
10:00 a.m. to 6:00 p.m.

A publicly visible sign with the telephone number for contact person with the Applicant regarding dust and noise complaints shall be posted. This person shall respond and take corrective action within 48 hours.

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Enforcement Responsibility: Community Development Department, Code Enforcement
Timing:Implemented prior to commencement and upon issuance of any construction, grading, demolition, and/or building permits.

24. The property owner shall post a sign at all entrances to the construction site to inform all contractors of acceptable hours of construction as described in section 9.56.050 of the City’s municipal code.

25. The following Best Management practices shall be implemented during construction:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered as needed to keep dust to a minimum. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed with wet power vacuum streetsweeper, as needed.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure title 13, section 2485 of CCR). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determine to be running in proper condition prior to operation. h. A publicly visible sign with the telephone number and persons to contact at the Applicant regarding dust complaints shall be posted. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

Enforcement Responsibility: Community Development Department, Building Division, Code Enforcement
Timing:Implemented prior to commencement and upon issuance of any construction, grading, demolition, and/or building permits.

26. A written sewer clearance from Sonoma County PRMD shall be provided to the City Engineer and Building Division verifying that all applicable sewer fees have been paid.

Agenda Item #8.4:

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Sonoma City CouncilMay 20, 2026

Sonoma City Council
May 20, 2026