Note: Substantial fees may apply for new sewer connections and/or the use of additional ESDs from an existing sewer connection. The applicant is encouraged to check with the Sonoma County PRMD and Sonoma County Water Agency immediately to determine whether such fees apply.
Enforcement Responsibility: City Engineer; Building Division Timing: Prior to issuance of a Grading and Site Improvement Permit
27. Provide letters from the following agencies indicating review and approval of project improvements:
Sonoma County Water Agency [For sewer connections and modifications and interceptor requirements, and for grading, drainage, and erosion control plans] Enforcement Responsibility: Building Division
Timing: Prior to issuance of a Grading and Site Improvement Permit Sonoma Valley Unified School District [For school impact fees] Enforcement Responsibility: Building Division
Timing: Prior to issuance of a Building Permit
Sonoma County Department of Environmental Health [For abandonment of wells if applicable]
Enforcement Responsibility: Building Division
Timing: Prior to issuance of a Building Permit
Public Works/Engineering
28. Provide a current (within the last 6 months) Preliminary Title Report (including the grant deed and title items) and show all existing easements and other relevant title items on the Site Plan and other plans as appropriate. It is the applicant’s responsibility to comply with the provisions of the easements and/or to acquire approval from the grantees of the easements if any proposed improvements encroach within the boundaries of said easements.
Enforcement Responsibility: City Engineer
Timing: Prior to Issuance of a Building Permit
29. The following easements and agreements are required by the City and other affected agencies following approval of the application:
a. All required sidewalk, street, storm drainage, water, sewer, access and public utility easements shall be dedicated to the City of Sonoma or to other affected agencies of jurisdiction, as required and shown on the project plans. b. All required easements (onsite and off-site) necessary for this project shall have been vacated, obtained, extinguished, or otherwise offered and accepted, settled, recorded and finalized as appropriate. All finalized documents (legal descriptions and plats) shall be presented to the City for review prior to recordation.
Agenda Item #8.4:
c. The following specific easements and maintenance agreements, as applicable, are required:
• Common driveway private access and emergency vehicle access easement (EVA), utility easement and drainage easements for 227 Brazil St and 228 Brazil St from the on-site driveway “Y” and continuing to each parcel. • Common driveway private access and emergency vehicle access easement (EVA), utility easement and drainage easements for the four included parcels (149 4th St East, 95 Brazil St, 227 Brazil St and 228 Brazil St) from the connection at 4th St/Brazil St to the property line at “Lot 1” as shown on the Parcel Map, Being a Lot Line Adjustment, recorded in Book 784 of Maps, at Pages 36-40.
• Municipal Water System Access Easement from Brazil Street to the Municipal Water System Easement on 228 Brazil St. (identified as Lot 3, Bk 784 Maps,
• Stormwater Operations & Maintenance Plan agreement for three parcels: 149 4th St East, 227 Brazil St and 228 Brazil St. • Provide vegetation maintenance agreements and responsibilities for any vegetation and slope restoration related to the development within the four included parcels (149 4th St East, 95 Brazil St, 227 Brazil St and 228 Brazil St).
Enforcement Responsibility: City Engineer, Public Works Department, Community Development Department
Timing: Approval required prior to construction improvements and underground site improvements; Recordation required prior to issuance of certificate of occupancy of the first unit/building.
30. Provide a Hydrology & Hydrologic Report for the proposed drainage improvements.
Include the following information as typically requested by Sonoma Water:
HYDROLOGY
a. Hydrology Map, identifying area of each drainage or tributary to each structure (including offsite drainage tributary to the project).
b. Coefficients and measured or calculated parameters used in analysis c. Hydrology calculations – design flow
d. Hydrology calculations – 100-year flow
HYDRAULICS
e. Coefficients and measured or calculated parameters used in analysis f. Values and source(s) of starting HGLs
g. Hydraulic calculations – conduit flow
h. Demonstrate that design-flow HGL is contained within the conduct system. i. Hydraulic calculations – Open channel flows
j. Hydraulic calculations – Culvert flow
k. Provide 100-year routing map
Agenda Item #8.4:
*Project Narrative indicates “Drainage improvements have been proposed along the west side of 4th Street East to aid in reducing overland flood routing due to insufficient capacity in the existing pre-project scenario.” Please provide these plans and calculations for drainage improvements.
Enforcement Responsibility: Public Works Department
Timing: Prior to Issuance of a grading permit or building permit
31. A Stormwater Control Plan (SCP) in conformance with the standards in Provision E.12 of the City of Sonoma’s NPDES Permit for stormwater discharges shall be prepared by a registered civil engineer and submitted to the City Engineer for review and approval. The plan shall be prepared in accordance with the guidance provided in the BASMAA PostConstruction Manual. The required plan shall be approved by the City Engineer 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.
Enforcement Responsibility: Public Works Department
Timing: Prior to Issuance of a grading permit or building permit
32. An Erosion and Sediment Control Plan (“Control Plan”) shall be prepared by a registered civil engineer and submitted to the City Engineer for review and approval. The City’s approval of the required plan shall be a condition precedent to 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 or his/her representative.
Enforcement Responsibility: Public Works Department
Timing: Prior to Issuance of a grading permit or building permit
33. A soil and geotechnical investigation and report, prepared by a licensed geotechnical engineer, may be required prior to the issuance of a grading permit, as determined by the City Engineer. Recommendations identified in the report shall be incorporated into the construction plans for the project and into the building permit.
Enforcement Responsibility: Public Works Department
Timing: Prior to Issuance of a grading permit or building permit
34. A Construction General Permit is required from the State Water Board if construction activity results in a land disturbance of one acre or more. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation. The Construction General Permit requires the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP.
Enforcement Responsibility: City Engineer
Timing: Prior to issuance of any Grading and Site Improvement Permit or Building Permit.
Agenda Item #8.4:
35. The applicant shall submit a Water Conservation Plan to the City Engineer for review and approval. The Plan shall include conservation measures for indoor and outdoor water use and shall be consistent with the City's water conservation and landscape efficiency ordinances.
Enforcement Responsibility: City Engineer
Timing: Prior to issuance of any building permit
36. The Applicant shall submit all improvement plans for the review and approval of the City.
Improvement plans shall include the following:
a. A sheet(s) printed with all conditions of approval written herein. b. Include a signature approval line for the Geotechnical Engineer to indicate plan conformance with the Geotechnical Investigation Report. c. Include signature approval lines for the City Engineer, Community Development Director, Police Chief, Fire Chief.
d. A plan clearly indicating existing topographic survey, property lines and ownership.
e. A separate plan sheet clearly identifying all existing and proposed easements associated directly or indirectly with the 227 Brazil St and 228 Brazil St parcels.
This includes all required easements related to the proposed driveway and utility improvements. Include all actual easements identified on the Parcel Map (Lot Line Adjustment). Identify all easements by separate hatches with a description of easement type, beneficiaries, etc.
f. A grading and drainage plan shall be prepared by a registered civil engineer and submitted to the City Engineer and Sonoma Water for review and approval. g. A complete set of driveway improvements beginning at the corner of 4th Street / Brazil Street and proceeding on-site and including the “Y” where the driveway access splits. This plan should include:
• All improvements at the street connection including reconstruction of the drainage culvert under the driveway (including drainage culvert entrance and exit headwalls), driveway widening and reconstruction of driveway apron (including removal of the existing channel drain within the driveway), private driveway drainage, street lighting improvements (as requested by Public Works), utility connections, and any necessary access modifications to the City’s facilities adjacent to the driveway.
• All utilities associated with any/all of the three proposed homes including proposed water booster pumps and how these will be powered. • Any retaining walls, fencing, and any other associated improvements h. A complete set of driveway improvement plans beginning at the on-site driveway “Y” and proceeding to the site which are associated with improvements to the 228 Brazil St and 227 Brazil St parcels including:
Agenda Item #8.4:
• All driveway improvements, widening, reconstruction, etc. • All utilities associated with the proposed home, and any associated with the existing home of applicable.
• Grading, Drainage, and Erosion Control plans.
• Retaining walls, fencing, and any other associated improvements • The required hammerhead at the end of the driveway, and any improvements required to provide access to the two homes using the driveway. • A driveway turnout for the City of Sonoma water tank access easement. i. Access to existing water facilities may be required for the property along with any needed right-of-way and/or easement dedications to the City pursuant to SMC
12.14.030.
j. A plan sheet(s) with street profiles, typical street sections at various driveway widths and calculations for street design. Include pavement and base rock depth Said plan shall incorporate the findings and recommendations from the approved Soils Report for the pavement design.
k. A separate Site Utility plan and joint trench plan. Plan should include all utilities from public street to the “Y” in the driveway, and then all utilities in the driveway serving the 228 Brazil St and 227 Brazil St parcels.
l. Provide landscape and irrigation plans, including slope restoration, compliant with the City of Sonoma Landscape standards and the BASMAA PostConstruction Manual. The landscape plans must include and integrate with the treatment facilities identified in the project Stormwater Control Plan. m. Provide details (i.e., Slopes, Materials, Inlets and Grates, Spreaders, etc.) for all drainage features.
Enforcement Responsibility: City Engineer; Community Development Department, Public Works Department
Timing: Prior to issuance of a Grading and Site Improvement Permit Other Requirements
37. The applicant shall submit public improvement plans for the review and approval of the City. The applicant shall enter into a Public Improvement Agreement (“PIA”) with required bonds and insurance, for public improvements in the right-of-way. The applicant shall install all public improvements with the City-approved improvement plans as determined by the City Engineer in accordance with the PIA.
Enforcement Responsibility: City Engineer, Public Works Department Timing: Prior to Issuance of a Building Permit
38. An encroachment permit is required from the City of Sonoma for any work on public facilities within the public right of way and work on the public water system.
Enforcement Responsibility: City Engineer, Public Works Department Agenda Item #8.4:
Timing: Prior to Issuance of a Building Permit
39. All major grading, including all swales, etc., shall occur outside the rainy season (October 15-April 15), unless otherwise approved by the City Engineer.
Enforcement Responsibility: City Engineer, Public Works Department Timing: Prior to Issuance of a Building Permit
40. Extension and/or upgrade of storm drain infrastructure along the frontage of the property and as may be required to link existing portions of the City’s storm drain system. In every case where a storm drain main is to be extended, the storm drain shall extend the full frontage of the parcel parallel to the extension. Current storm drain system includes existing headwall north of the driveway, running under the driveway frontage and exiting on the downward slope of the driveway to an open channel system.
Enforcement Responsibility: City Engineer, Public Works Department Timing: Prior to Issuance of a Building Permit
41. Entrance(s) to the property shall be designed, constructed, and maintained to be a minimum of 20 feet wide for emergency vehicle access or as approved by the Fire Department and the City Engineer.
Enforcement Responsibility: City Engineer, Public Works Department Timing: Prior to Issuance of a Building Permit
42. Address numbers shall be posted on the public street, and on the individual structures in a manner visible from the driveway.
Enforcement Responsibility: Public Works Department, Building Department, Fire Department
Timing: Prior to Issuance of a Building Permit, and prior to Final Inspection
43. Public street lighting on the project frontage along Fourth Street East will include one light fixture and pole like the pole on 4th Street, unless PG&E authorizes putting a light on their pole.
Enforcement Responsibility: City Engineer, Public Works Department Timing: Prior to Issuance of a Building Permit
44. Street trees along the property frontages are subject to the review of the Planning Director and the Public Works Director. All street trees shall be consistent with the City’s Tree Planting Program, including the Master Tree List
Enforcement Responsibility: City Engineer, Public Works Department Timing: Prior to Issuance of a Building Permit
45. All new utility distribution facilities for the property, including electric, telecommunications, cable TV, etc., shall be installed underground.
Enforcement Responsibility: City Engineer, Public Works Department Agenda Item #8.4:
Timing: Prior to Issuance of a Building Permit
46. The applicant shall be required to pay for all inspections prior to the acceptance of public improvements, or within 30 days of receipt of invoice, at the City’s election. All plan checking fees. any other fees charged by the City of Sonoma, Sonoma Water or other affected agencies with reviewing authority over this project. shall be paid prior to Final Occupancy.
Enforcement Responsibility: City Engineer, Public Works Department Timing: Prior to Final Inspection
47. Any wells on the site shall be abandoned in accordance with permit requirements of the Sonoma County Department of Environmental Health; or otherwise equipped with a back-flow prevention device as approved by the City Engineer. Wells that will remain shall be plumbed to irrigation system only and not used for domestic potable water use.
Enforcement Responsibility: City Engineer, Public Works Department Timing: Prior to Issuance of a Building Permit
48. A complete set of As-Built or Record improvement plans showing all constructive changes from the original plans, shall be provided to the Public Works Department prior to final acceptance of the public improvements. Once accepted then record drawings, on mylar, shall be provided to the City Engineer and prior to final acceptance.
Enforcement Responsibility: City Engineer, Public Works Department Timing: Prior to Issuance of Final Occupancy
General Conditions:
49. Indemnity, Fee Notice, and Time Limitations:
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 decisions memorialized herein, including any approval of any portion of the Project, the environmental determination applicable to the Project and/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, the City, and/or parties initiating or bringing such action.
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 Agenda Item #8.4:
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 (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 (i) approve the counsel to so defend the City, (ii) approve all significant decisions concerning the manner in which the defense is conducted, and (iii) approve any and all settlements, which approval shall not be unreasonable withheld. The City shall also have the right not to participate in said defense, except that the City agrees to cooperate with the Applicant in the defense of said 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.
See attached conditions from the Sonoma Fire District and Permit Sonoma (Sanitation) Agenda Item #8.4:
SONOMA VALLEY FIRE DISTRICT Fire Prevention Bureau
Conditions of Approval - VHFHSZ (LRA)Page
SONOMA VALLEY FIRE DISTRICT
Fire Prevention Bureau
630 Second Street West | Sonoma, CA 95476 | 707-996-2102
GENERAL CONDITIONS OF APPROVAL
Very High Fire Hazard Severity Zone (VHFHSZ)
Local Responsibility Area (LRA) - Fire Safe Standards and Vegetation Management Section 1: Project Information
Project Name / Description: Brazil St Hillside Development Project Address: 149 4th St E / 228 Brazil St / 227 Brazil St Planning File No.: UA-24-2 / UA-24-3 / UA-23-16
Building Permit No.: TBD
Fire Hazard Severity Zone: Very High Fire Hazard Severity Zone (VHFHSZ) - LRA Responsibility Area: Local Responsibility Area (LRA)
Issuing Authority: Sonoma Valley Fire District, Fire Prevention Bureau Section 2: Authority and Applicability
These Conditions of Approval are issued by the Sonoma Valley Fire District (SVFD), Fire Prevention Bureau, pursuant to its authority as the Authority Having Jurisdiction (AHJ) under the California Fire Code (2025 CFC), the California Government Code, and applicable Sonoma County and local fire safe regulations. These conditions apply to all development, construction, reconstruction, remodel, and land use approvals on parcels located within a designated Very High Fire Hazard Severity Zone (VHFHSZ) in the Local Responsibility Area (LRA) within the boundaries of the Sonoma Valley Fire District.
Primary regulatory authority for these conditions includes:
a. California Government Code Sections 51175 through 51189 (Fire Hazard Severity Zone classifications and LRA obligations)
b. 2025 California Fire Code, Chapter 49 (Wildland-Urban Interface Fire Area) c. California Public Resources Code Section 4291 (Defensible Space - LRA parcels adjacent to or within SRA)
d. 14 CCR Section 1299 et seq. (Board of Forestry Defensible Space Standards - LRA
VHFHSZ)
e. Sonoma County Code, Chapter 13A (Fire Safe Standards - LRA) f. 2025 California Building Code, Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure - commercial and multi-family occupancies) g. 2025 California Wildland-Urban Interface Code (Title 24, Part 2.5) (Ignition-Resistant Construction - one- and two-family dwellings and townhouses) 630 Second Street West, Sonoma, CA 95476 | 707-996-2102svfd.org Agenda Item #8.4:
SONOMA VALLEY FIRE DISTRICT Fire Prevention Bureau
Conditions of Approval - VHFHSZ (LRA)Page
Applicability of State Fire and Building Laws Within City Limits. Applicants and property owners should be aware that parcels located within an incorporated city that are also designated as VHFHSZ in the LRA are subject to a body of state law that does not apply to the general urban environment. Under California Government Code Sections 51175 through 51189, the FHSZ designation and the obligations it carries, including mandatory defensible space maintenance, compliance with fire-safe access and water supply standards, and ignition-resistant construction requirements, apply by operation of state law regardless of municipal zoning, general plan designation, or local building department approval. The defensible space maintenance obligation under 14 CCR Section 1299 et seq. is enforced by the local fire authority having jurisdiction and is not limited to rural or unincorporated settings. Similarly, the 2025 California WUI Code (Title 24, Part
2.5) and CBC Chapter 7A apply to new construction and substantial improvements on any parcel within a designated VHFHSZ, whether inside or outside city limits, as a condition of building permit issuance under state building standards law. Fire apparatus access and water supply standards under Sonoma County Code Chapter 13A apply throughout the LRA, including within city boundaries, where the local fire agency has adopted or enforces those standards as AHJ.
Applicants in the incorporated City of Sonoma or other incorporated jurisdictions within the SVFD service area are advised that these conditions represent state law obligations that exist concurrently with and independently of city-level planning or building approvals, and that the SVFD Fire Prevention Bureau has independent authority to enforce them.
Section 3: General Conditions
GC-1. Compliance Required. The applicant, property owner, and all successors in interest shall comply with all applicable provisions of the California Fire Code, California Building Code, California Government Code, and Sonoma County Code as they relate to development within a VHFHSZ in the LRA. These conditions do not supersede more restrictive requirements of any other regulatory authority. NOTE A FULL REVIEW WILL BE COMPLETED WITH BUILDING PERMIT REVIEW.
GC-2. Conditions Run with the Land. These Conditions of Approval are binding on the property and all current and future owners. Transfer of ownership does not relieve any party of the obligations set forth herein. The applicant shall provide written notice of these conditions to any subsequent purchaser or transferee prior to close of escrow or transfer.
GC-3. Modification. Any request to modify, waive, or defer a condition shall be submitted in writing to the SVFD Fire Prevention Bureau. Modifications require written approval from the Fire Marshal prior to implementation. Verbal agreements do not constitute modification of these conditions.
GC-4. Inspections. All required inspections shall be scheduled with the SVFD Fire Prevention Bureau at www.sonomavalleyfire.org . Inspections required under these conditions are in addition to any building department inspection requirements. Final occupancy or approval shall not be granted until all fire prevention conditions have been verified and signed off in writing by the Fire Marshal or authorized designee.
GC-5. Conflicts. In the event of a conflict between these conditions and any other permit, approval, or agreement, the more restrictive requirement shall apply. The applicant is responsible for identifying and resolving conflicts with the issuing authority prior to commencing work. 630 Second Street West, Sonoma, CA 95476 | 707-996-2102svfd.org Agenda Item #8.4:
SONOMA VALLEY FIRE DISTRICT Fire Prevention Bureau
Conditions of Approval - VHFHSZ (LRA)Page
Section 4: Fire Safe Standards (LRA - VHFHSZ)
4A. Fire Apparatus Access Roads
FSS-1. Access Road Standards. All fire apparatus access roads serving the project shall be designed, constructed, and maintained in compliance with Sonoma County Code Chapter 13, and the Sonoma County Fire Safe Standards.
FSS-2. Turnarounds and Turnouts. Approved turnarounds and turnouts will be required as needed based on the FSS. Sonoma County Code Chapter 13
FSS-3. Gate and Access Control Devices. Manually or electrically operated gates, security barriers, or access control devices installed across a fire apparatus access roads and driveways must be provided with a county KNOX key. Ordering information available at sonomavalleyfire.org . 4B. Address Identification
FSS-4. Address Posting. Approved address numbers shall be posted at the driveway entrance from the public road and, where the structure is not visible from the road, at the structure itself.
Numbers shall be a minimum of illuminated, 4 inches in height with a minimum stroke width of 0.5 inches, in a color contrasting with the background, and visible from both directions of travel. For parcels accessed by a private road or shared driveway, a monument sign or post-mounted sign at the road junction shall identify all structures served. Address posting shall comply with 2025 CFC Section 505 and Sonoma County Code Chapter 13A.
4C. Water Supply
FSS-5. Fire Hydrants. Required prior to combustible construction in compliance with the Sonoma County Fire Safe Stanards. .
Section 5: Vegetation Management and Defensible Space
All parcels within the LRA VHFHSZ are subject to ongoing defensible space and vegetation management requirements. The following conditions apply to the project at the time of initial approval and on a continuing annual basis as conditions running with the land. 5A. Defensible Space Requirements
VM-1. Zone 1 - Lean, Clean, and Green (0 to 30 feet). Within Zone 1, extending 30 feet from all structures (or to the property line, whichever is less), the owner shall create and maintain the following: remove all dead plant material; remove all debris, wood piles, and combustible materials; space single-stem shrubs to provide horizontal separation of at least twice the height of the shrub between shrub groupings; remove branches of trees to a height of at least 6 feet from the ground; and remove plants growing directly under trees that would allow fire to ladder from the ground surface to the tree canopy. Ornamental plantings shall comply with low-fuel-volume and fire-resistant plant selection guidance. This Zone 1 standard applies pursuant to 14 CCR Section 1299.03 and Government Code Section 51182.
630 Second Street West, Sonoma, CA 95476 | 707-996-2102svfd.org Agenda Item #8.4:
SONOMA VALLEY FIRE DISTRICT Fire Prevention Bureau
Conditions of Approval - VHFHSZ (LRA)Page
VM-2. Zone 2 - Reduced Fuel Zone (30 to 100 feet or property line). Within Zone 2, extending from 30 feet to 100 feet from all structures (or to the property line, whichever is less), the owner shall create and maintain the following: space shrubs so that the horizontal separation between shrub groupings is at least twice the height of each shrub; remove branches from trees to a height of at least 6 feet from the ground; maintain spacing between adjacent tree canopies of at least 10 feet; and remove dead wood, debris, and accumulated combustible material. This Zone 2 standard applies pursuant to 14 CCR Section 1299.04 and Government Code Section 51182.
Note: For parcels located adjacent to or within a State Responsibility Area (SRA), Public Resources Code Section 4291 may impose additional or concurrent defensible space obligations. Contact the SVFD Fire Prevention Bureau or CAL FIRE Sonoma-Lake-Napa Unit for a determination.
VM-3. Ember-Resistant Zone. Within the 5-foot non-combustible zone immediately adjacent to all structures, the following shall be maintained at all times: removal of all combustible plant material, mulch, bark, and debris; use of non-combustible ground cover or hardscape; removal of combustible items including furniture, wood piles, and stored materials. This requirement is consistent with 2025 CFC Chapter 49 and is strongly encouraged for all LRA VHFHSZ parcels regardless of whether CBC Chapter 7A applies.
VM-4. Fire Protection Plan. At time of building permit submittal a fire protection plan will be required. See sonomavalleyfire.org for details.
5B. Tree and Vegetation Removal
VM-5. Tree Removal for Defensible Space. Removal of trees and vegetation for the purpose of creating or maintaining required defensible space is authorized under Government Code Section 51182 and shall not require separate approval from the Fire Prevention Bureau when the removal is consistent with the standards of 14 CCR Section 1299 et seq. The applicant and owner are responsible for confirming that tree removal complies with applicable City of Sonoma tree removal ordinances and any conditions of a discretionary land use approval applicable to the property. 5C. Annual Maintenance and Inspection
VM-6. Annual Defensible Space Compliance. The property owner shall maintain required defensible space in compliance with 14 CCR Section 1299, Government Code Section 51182, and these conditions on a year-round basis. The SVFD Fire Prevention Bureau conducts an annual defensible space inspection program pursuant to Government Code Section 51186. Inspections may occur at any time during the fire season or at the discretion of the Fire Marshal. Failure to maintain compliance is a continuing violation subject to re-inspection and administrative enforcement.
VM-7. Compliance Deadline - Initial Clearance. Initial defensible space clearance consistent with Zone 1 and Zone 2 requirements shall be completed prior to final building inspection or issuance of a certificate of occupancy, whichever occurs first. Final approval shall not be granted until the inspection confirms compliance.
VM-8. Weed Abatement. The property shall be maintained free of dry, dead, or overgrown vegetation that constitutes a fire hazard as defined in 2025 CFC Section 315 and applicable Sonoma County Code provisions. This includes all areas of the parcel not subject to the defensible space zones, including road frontages, fence lines, and disturbed areas. 630 Second Street West, Sonoma, CA 95476 | 707-996-2102svfd.org Agenda Item #8.4:
SONOMA VALLEY FIRE DISTRICT Fire Prevention Bureau
Conditions of Approval - VHFHSZ (LRA)Page
Section 6: Automatic Fire Sprinkler Systems
SP-1. Sprinkler Requirement. All new one- and two-family dwellings, townhouses, attached accessory dwelling units, and other residential occupancies constructed within the LRA VHFHSZ shall be provided with an automatic fire sprinkler system designed and installed in accordance with NFPA 13D (one- and two-family dwellings).
SP-2. Plan Submittal. Sprinkler system design documents, hydraulic calculations, and supporting materials shall be submitted to the City of Sonoma Building Department for review and approval prior to installation. Plans shall be prepared by a licensed C-16 Fire Protection Contractor or California-licensed fire protection engineer. Installation shall not commence until written plan approval is obtained from the Fire Prevention Bureau.
SP-3. Inspection and Testing. Sprinkler systems shall be inspected and acceptance-tested in the presence of the SVFD Fire Prevention Bureau prior to concealment of any portion of the system and prior to final building inspection. A full flush of the underground supply, hydrostatic pressure test, and operational test shall be witnessed by the Fire Marshal or authorized inspector.
Documentation of the acceptance test shall be provided to the Fire Prevention Bureau.
END OF CONDITIONS OF APPROVAL
Questions: Contact the SVFD Fire Prevention Bureau at 707-996-2102 630 Second Street West, Sonoma, CA 95476 | 707-996-2102svfd.org Agenda Item #8.4:
2550 Ventura Avenue Santa Rosa CA 95403-2859 (707) 565-1900 www.PermitSonoma.org
Requirements for Sanitation
TO: Jennifer Gates, City of Sonoma Planning DATE: May 11, 2026 FROM: Thomas Haugg, Permit Sonoma Sanitation FILE: UA-23-16 LOCATION: 99 Brazil St, Sonoma APN: 018-051-015
APPLICANT: Chad Moll, Moll Design + Consulting
Based on the information submitted with your referral and a review of the maps and data available to us in our office, we recommend the following conditions of approval as items subject to review by the Sanitation Section of Permit Sonoma. Please consult sanitation staff prior to significantly modifying, altering, or adding to the conditions of approval provided below.
The subject parcel is located within the Sonoma Valley County Sanitation District and has authorization to connect to sewer through permit application. The parcel does not have a sewer main which fronts the parcel therefore a sewer main extension is required to provide sewer availability. Conditions below include requirements for Record Drawings which are necessary for public sewer main construction.
Below conditions must be completed prior to sewer construction permit issuance.
1. The owner is responsible for obtaining a City of Sonoma encroachment permit for work within the City Right-of-Way. The encroachment permit is required prior to the issuance of a construction sewer permit from Permit Sonoma.
2. Prior to the start of construction, the Applicant must obtain a permit to construct public and/or private sewer facilities from the Engineering Division of Permit Sonoma. When obtaining a construction sewer permit, the Applicant shall provide a construction plan meeting the SAN-009 Sewer Construction Plan Requirements. Public sewer improvements shall be a separate plan submittal from the private improvement plan.
3. The Applicant shall have a “record drawing” prepared by the project engineer, in accordance with Section 6.5 of the “Design and Construction Standards for Sanitation Facilities” (latest revision) by Sonoma Water. Record Drawings shall be submitted to the Engineering Division of Permit Sonoma, printable to a scale of 24 inch by 36 inch in size and prepared by a licensed civil engineer registered in the State of California for review and approval prior to acceptance of the sanitary sewer facilities.
Record Drawings must be signed by the Director of Engineering of Sonoma Water prior to the issuance of any permits for construction of the sanitary sewer main facilities.
4. All sanitary sewer construction shall be in accordance with the “Design and Construction Standards for Sanitation Facilities” (latest revision) by Sonoma Water, and/or specific details on approved engineered plans.
5. A sanitary sewer construction labor and material payment bond and a construction performance bond shall be submitted to Permit Sonoma for the public sewer improvements as designed on the Agenda Item #8.4:
2550 Ventura Avenue Santa Rosa CA 95403-2859 (707) 565-1900 www.PermitSonoma.org
approved plan. Each bond shall be for the full cost estimate as calculated by Permit Sonoma for construction of the approved sanitary sewer system. Bonds shall be paid prior to the issuance of construction sewer permits. Bonding for sewer improvements may be incorporated into improvement project bonding provided to the City of Sonoma. The bonds must list Sonoma Valley County Sanitation District as a beneficiary.
6. All water lines and sewer lines running parallel to each other shall maintain a 10’ minimum horizontal separation and be 1’ minimum vertically separation such that the water line is above the sewer line.
These separation requirements shall be observed for both main lines and service lines.
7. In accordance with Section 3.09, of the Sonoma Valley County Sanitation District Sanitation Code Ordinance when shared laterals are proposed, the owner shall write a letter to the District requesting the sharing of the laterals. If the request is granted, a ‘Declaration of Restriction and Acknowledgment’, provided by the District shall be recorded at the Recorder’s Office as required by the District.
8. No building shall be connected to the newly constructed sewer main until the sewer main has been inspected and accepted by the Engineering Division of Permit Sonoma, and a sewer connection permit has been issued for the building. The construction sewer permit shall be finaled prior to occupancy or temporary occupancy. Any building permits issued for construction of buildings which will connect to sewer prior to sewer main construction permit issuance or on-site construction sewer permit issuance, shall be at the sole risk of the Applicant.
Below conditions must be completed prior to occupancy of the dwelling or final of the permit.
9. All sewer work shall be inspected and accepted by the County Inspector from the Engineering Division of Permit Sonoma prior to temporary occupancy, occupancy, and building permit final.
Sewer construction inspection will occur when the trench excavation for sewer installation is completed. No bedding, pipe, backfill or other material shall be place in excavation until the excavation has been inspected and accepted by the inspector.
10. The Applicant shall be responsible for the restoration of existing conditions including, but not limited to surfacing, landscaping, utilities and other public improvements that have been disturbed due to the construction of sanitary sewer facilities. Restoration shall be completed prior to the final of the sewer construction permit, unless otherwise specifically approved in advance by Permit Sonoma.
11. Sewer connection fees and sewer annual service feesshall be paid to Permit Sonoma prior to building permit final and temporary occupancy. No building permit final or occupancy (including temporary) shall be allowed until sewer use fees are paid.
12. Sewer fees shall be calculated based on the current method per Sanitation Ordinance and State and County laws in effect at the time of permit application.
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To: Jennifer Gates, Community Development Director,
City of Sonoma
AECOM
2020 L Street, Suite 300
Sacramento, CA 95811
aecom.com
Project name: Sonoma Hillside
Residential Project
From: Danny DeBrito, Project Manager
and Matthew Gerken, Project Director,
AECOM
Date: May 4, 2026
Sonoma Hillside – CEQA Compliance Memorandum
The intent of this memo is to evaluate the Sonoma Hillside Residential Project (proposed project) and supporting technical information to determine if the project is eligible for a categorical exemption under the California Environmental Quality Act (CEQA), pursuant to Section 15300 of the CEQA Guidelines.
Project Location and Environmental Setting
The proposed project is comprised of three contiguous properties in the northeastern portion of the City of Sonoma (City):
149 4th Street East, 227 Brazil Street, and 228 Brazil Street. These three properties comprise the project area, totaling approximately 7.5 acres (Figure 1). The project area is located above the intersection of 4th Street and Brazil Street, on the slopes of Schoeken Hill in the foothills of the Mayacama Mountain range. Slopes in the project area vary from 5 to 30 percent. Except for a City well and water tank on 228 Brazil Street, the project area is largely undeveloped and supports open grassland, oak woodlands, and rock outcroppings. An existing paved driveway at the western terminus of Brazil Street provides direct access to 149 4th Street East, while the other two properties do not have paved vehicle access to the interior of the lots.
All three properties have a General Plan designation of Hillside Residential and are zoned Residential Hillside (R-HS) with a Historic Overlay pursuant to the City of Sonoma Zoning Code. The Hillside Residential land use designation is intended to preserve the City’s hillside backdrop, while allowing limited residential development in conjunction with agricultural uses. The designation allows a density of one residential unit per ten acres (excluding second units). The R-HS Residential Hillside zoning permits single-family homes and residential accessory structures, subject to approval of a Use Permit by the Planning Commission. Due to the Historic Overlay, the project would also require Design Review concurrently.
Adjoining land uses include single-family homes on large parcels also zoned R-HS, as well as undeveloped properties to the north that are in unincorporated Sonoma County. The context is defined by single-family residential uses, open spaces in the surrounding hillsides, and agricultural uses. The project area is located within a Very High Fire Hazard Severity Zone (VHFHSZ) mapped by the California Department of Forestry and Fire Protection (CAL FIRE) and adopted by Sonoma County (Sonoma County 2026).
Project Description
Each individual property is proposed for development with a single-family residence, detached garage, pool, driveways and walkways, landscaping, and other civil improvements such as utility connections and drainage improvements. A project development summary is provided in Table 1 below.
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Table 1. Proposed Project Development Summary
Property Lot Size
(acres)
Proposed Development Max Building
Height
Access, Drainage, and Utility Improvements
149 4th Street East
(APN: 018-051-014)
2.8 5,472-square-foot single-family
residence
885-square-foot detached
garage
1,038-square-foot pool house
10,718-square-foot pad area
30’-5” 12- to 20-foot-wide driveway, including fire
department turnouts (9,404 square feet)
Bioretention planters (532 square feet)
Water and sanitary sewer connections
227 Brazil Street (APN:
018-051-016)
2.0 acres 5,212-square-foot single-family
residence
612-square-foot detached
garage
4,947-square-foot pad area
Total disturbance: 0.36 acres
28’-9” 16- to 20-foot-wide driveway, including fire
department turnouts (2,322 square feet)
Booster pumps (one each for 227 and 228 Brazil
Street)
Bioretention planters (332 square feet)
Water and sanitary sewer connections
228 Brazil Street (APN:
018-051-015)
2.69 acres 5,127-square-foot single-family
residence
539-square-foot detached
garage
4,882-square-foot pad area
Total disturbance: 0.80 acres
28’-11” 16- to 20-foot-wide driveway, including fire
department turnouts (10,230 square feet)
Retaining wall (maximum 5 feet tall)
Bioretention planters
Water and sanitary sewer connections
Total 7.49 acres 15,811 square feet of singlefamily residential uses- - Sources:
Holder Parlette Architecture + Landscapes. December 2024. Permit Plan Sets for 149 4th Street East and 227 Brazil Street. __________. April 2025. Permit Plan Set for 228 Brazil Street.
Moll Design + Consulting. April 2025. Civil Plan Sets for 149 4th Street East, 227 Brazil Street, and 228 Brazil Street.
All three properties would be accessed from the existing paved driveway beginning at the corner of 4th Street East and Brazil Street, with the properties at 227 and 228 Brazil Street requiring a new driveway extending from the existing driveway to the north to reach the interior of the properties. The properties at 227 and 228 Brazil Street would share the new primary access driveway. Fire department turnarounds and pullouts would be constructed as part of the driveway improvements on each property.
Construction of each single-family residence would require site preparation, erosion control, grading, tree removal, soil offhaul, utility installation, and building construction. Earthwork quantities would be balanced for 149 4th Street East, requiring 1,360 cubic yards of cut and 1,360 cubic yards of fill. The developments at 227 and 228 Brazil Street would require 160 and 430 cubic yards of net soil export, respectively. Per the arborist reports prepared for each property and subsequent peer reviews, approximately 117 trees in the project area would either be moderately impacted, severely impacted, or completely removed (Horticultural Associates 2017; Macnair and Associates 2017).
Agenda Item #8.4:
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Agenda Item #8.4:
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The proposed project is anticipated to require the following entitlements, approvals, and/or permits:
• Use Permit
• Design Review
• Tree Removal Permit
• Grading Permit
• Building Permit
• National Pollutant Discharge Elimination System (NPDES) General Construction Permit CEQA Compliance Review
Regulatory Background
Sections 15300 to 15332 of the CEQA Guidelines outline the types of projects that have been determined to not have a significant effect on the environment and are thus categorically exempt from CEQA. Various CEQA exemption options were reviewed for potential applicability to the proposed project, including the following:
15303. New Construction or Conversion of Small Structures Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to:
a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. b) A duplex or similar multi-family residential structure, totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes and similar structures designed for not more than six dwelling units.
c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction.
e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. 15304. Minor Alterations to Land
Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Examples include, but are not limited to:
a) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist Priolo Earthquake Fault Zone or within an official Seismic Hazard Zone, as delineated by the State Geologist. b) New gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping.
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c) Filling of earth into previously excavated land with material compatible with the natural features of the site; d) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production;
e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc;
f) Minor trenching and backfilling where the surface is restored; g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies;
h) The creation of bicycle lanes on existing rights-of-way. i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. 15305. Minor Alterations in Land Use Limitations
Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to:
a) Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; b) Issuance of minor encroachment permits;
c) Reversion to acreage in accordance with the Subdivision Map Act. 15332. In-fill Development Projects
Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
c) The project site has no value as habitat for endangered, rare or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services.
Section 15300.2 of the CEQA Guidelines establishes certain exceptions to the use of exemptions, as cited below. 15300.2. Exceptions
a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
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b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.
Additionally, Assembly Bill (AB) 130 and Senate Bill (SB) 131 were passed in 2025 and established additional statutory exemptions and CEQA streamlining opportunities.
AB 130
AB 130, signed on June 30, 2025, added a new statutory exemption for qualifying urban infill housing projects to Section 21080.66 of the Public Resources Code. Housing development projects may be exempt from CEQA if specified criteria are met, including:
• Project site is no larger than 20 acres, or no more than 5 acres if it qualifies as a builder’s remedy site. • Project site is located within the boundaries of an incorporated municipality or located within an urban area, as defined by the United States Census Bureau.
• At least two-thirds of the project’s total square footage is dedicated to residential use. • The project site has been previously developed with an “urban use”, at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses, at least 75 percent of the area within a one-quarter mile radius of the site is developed with urban uses, or for sites with four sides, at least three out of four sides are developed with urban uses and at least two-thirds of the perimeter of the site adjoins parcels that are developed with urban uses.
• Project must be consistent with General Plan, Zoning, and Local Coastal Program standards • Project’s density is at least one-half of the applicable minimum density required by the Housing Element Law • Project meets all the SB 35 siting criteria in Government Code section 65913.4, subdivision (a), paragraph (6), which prohibits projects on environmentally sensitive lands such as coastal zones, hazardous waste sites, prime farmland, earthquake fault zones, or floodways, very high fire hazard severity zones (with certain exceptions), or land subject to a conservation easement.
• No historic structure would be demolished that is listed on a national, state, or local register. • No transient lodging is proposed.
SB 131
SB 131, signed on June 30, 2025, limits the application of CEQA for projects that are eligible for statutory and specified categorical exemptions except for one condition to an analysis of effects on the environment that are caused solely by that single condition. For these projects, an Initial Study or Environmental Impact Report (EIR) would only be required to examine the effects that the lead agency determines, based on substantial evidence in the record, are caused solely by the single condition that makes the proposed ineligible for a statutory or categorical exemption. These provisions do not apply to a project that includes a distribution center, oil and gas infrastructure, or a project located on specified natural and protected lands.
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CEQA Determination
The exemption options listed above were reviewed for potential applicability to the proposed project. The individual singlefamily homes are considered together for purposes of exemption eligibility, to consider the “whole of the action” and to avoid segmenting the analysis (CEQA Guidelines Section 15378; Arviv Enterprises, Inc. v. South Valley Area Planning Com. [2002] 101 Cal.App.4th 1333).
Class 32 Categorical Exemption
a) Is the project consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations?
The proposed project would be consistent with the General Plan designation of Hillside Residential and zoning requirements for the Residential Hillside (R-HS) district. The Hillside Residential land use designation is intended to preserve the City’s hillside backdrop, while allowing limited residential development in conjunction with agricultural uses. The proposed project would develop three residential units within approximately 7.49 acres of land area, which is consistent with the density limits of one residential unit per 10 acres (excluding second units). The R-HS Residential Hillside zoning permits single-family homes and residential accessory structures. The proposed project appears to be in substantial compliance with the applicable development standards for the Residential Hillside (R-HS) zone, including those established in Section 19.40.050 of the Municipal Code. Thus, the project would meet CEQA Guidelines Section 15332, criteria (a). b) Does the proposed development occur within city limits on a project site of no more than five acres substantially surrounded by urban uses?
The project area, which includes the combined lot size of all three parcels, is greater than 5 acres. However, there is case law that supports the use of the specific disturbance area within a larger parcel when considering the eligibility of sizerestricted exemptions (Protect Tustin Ranch v. City of Tustin [2021] 70 Cal.App.5th 951). When considering the general disturbance areas of the project, the proposed development would occur within approximately 1.63 acres of land area.
Additionally, the project area is bordered primarily by residential properties that are mapped the U.S. Census Bureau as urban areas. Thus, the proposed project would meet CEQA Guidelines Section 15332, criteria (b). c) Does the project site have value as habitat for endangered, rare or threatened species? As described in the Biological Resources Report, the project area could provide habitat for special-status wildlife species and could contain special-status plant species (AECOM 2025; Appendix A). Therefore, it would not meet CEQA Guidelines Section 15332, criteria (c).
d) Would approval of the project result in any significant effects relating to traffic, noise, air quality, or water quality? All environmental effects related to traffic, noise, air quality, or water quality would be short-term during the construction phase and adequately controlled by the application of existing regulations, such as the NPDES Construction General Permit and City of Sonoma Noise Control Ordinance. Vehicle traffic would be negligible and would not exceed the 110 daily trips that the Office of Planning and Research recommends as a vehicle miles traveled (VMT) screening threshold for small projects (OPR 2018). The proposed project includes on-site stormwater bioretention planters that have been sized to treat the expected volume of stormwater runoff from the area. No significant effects in these areas would occur. Therefore, the proposed project would meet CEQA Guidelines Section 15332, criteria (d). e) Would the site be adequately served by all required utilities and public services? The project area would utilize existing service connections available in surrounding streets. Utility demands for the three single-family residences would be marginal relative to existing and projected demands. Therefore, the proposed project would meet CEQA Guidelines Section 15332, criteria (e).
The proposed project does not meet CEQA Guidelines Section 15332, criteria (c); however, SB 131 allows for projects to complete streamlined environmental review when a single condition for use of an exemption is not met. A focused initial study could be prepared that only analyzes the environmental effects that could result from conflict with criteria (c).
AB 130 Statutory Exemption
The provisions of AB 130 are shown below, along with an analysis of the proposed project’s consistency with each provision:
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• Would the project site be larger than 20 acres, or more than 5 acres if it qualifies as a builder’s remedy site? The project site is not larger than 20 acres. Therefore, it would meet this provision. • Is the project site located within the boundaries of an incorporated municipality or located within an urban area, as defined by the United States Census Bureau?
The project area is located within the City of Sonoma municipal boundaries. Therefore, it would meet this provision. • Would at least two-thirds of the project’s total square footage be dedicated to residential use? The proposed project includes development of three single-family residences, accessory structures, access driveways, and utility connections; thus, all the square footage would be dedicated to, or supportive of, the proposed residential use.
Therefore, it would meet this provision.
• Would the project site meet any of the following criteria: 1) has been previously developed with an “urban use”, 2) at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses, 3) at least 75 percent of the area within a one-quarter mile radius of the site is developed with urban uses, 4) for sites with four sides, at least three out of four sides are developed with urban uses and at least two-thirds of the perimeter of the site adjoins parcels that are developed with urban uses? The total perimeter of the project area is 4,583 feet. The percentage of this perimeter sharing a border with parcels that are developed with urban uses (residences) is 4,016 feet. The corresponding percentage of the perimeter of the project area adjoining parcels developed with urban uses is approximately 87.6 percent. Therefore, it would meet this provision. • Would the project be consistent with General Plan, Zoning, and Local Coastal Program standards? As described previously, the proposed project appears to be consistent with applicable General Plan and zoning standards.
The project area is not subject to a Local Coastal Program. Therefore, it would meet this provision. • Would the project’s density be at least one-half of the applicable minimum density required by the Housing Element Law?
The applicable minimum density required by the Housing Element Law (Government Code Section 65583.2) for the City of Sonoma as a suburban jurisdiction is 20 du/ac; thus, to meet this criterion the proposed project would need to provide a minimum density of 10 dwelling units per acre. The project proposes three single-family residences on properties with a total land area of 7.49 acres, for a density of approximately 2.5 dwelling units per acre. Thus, the minimum density would not be met, and the project would not meet this provision.
• Would the project meet all the SB 35 siting criteria in Government Code Section 65913.4, subdivision (a), paragraph (6), which prohibits projects on environmentally sensitive lands such as coastal zones, hazardous waste sites, prime farmland, earthquake fault zones, or floodways, very high fire hazard severity zones (with certain exceptions), or land subject to a conservation easement? The proposed project would meet all of the SB 35 siting criteria, with the exception of being located in a VHFHSZ. However, this code section states that it “does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions: (i) Section 4291 of the Public Resources Code or Section 51182, as applicable; (ii) Section 4290 of the Public Resources Code; (iii) Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).” The project has been designed in consultation with the City Fire Marshal and in accordance with the design criteria established in Chapter 7A of the Building Code for projects in wildland-urban interfaces (WUI) and the City of Sonoma Municipal Code Chapter 19.12. Thus, the proposed project would meet this provision. • Would any historic structures be demolished that are listed on a national, state, or local register? The proposed project does not include demolition of any historic structure that is listed on a national, state, or local register.
Therefore, the proposed project would meet this provision. • Is any transient lodging proposed?
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No transient lodging is included in the proposed project. Therefore, the project would meet this provision.
Overall, the proposed project would meet all the criteria for a statutory exemption under AB 130 except for the applicable minimum density requirement.
Class 3 Categorical Exemption (15303. NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) The Class 3 exemption applies to the “construction and location of limited numbers of new, small facilities or structures” and the CEQA Guidelines identifies examples of this exemption that provide, “[i]n urbanized areas, up to three single-family residences may be constructed or converted under this exemption” (CEQA Guidelines Section 15303).
The proposed project would develop three single-family residences in an area mapped as urban by the U.S. Census Bureau, consistent with criteria (a) under Section 15303 (California Department of Finance 2025). Utility extensions would be of reasonable length to service the proposed project, consistent with criteria (d), and accessory structures (pool and detached garage) would be consistent with the types of structures noted under criteria (e). Class 3 exemptions are permissible only if none of the exceptions described under Section 15300.2 of the CEQA Guidelines are applicable, as discussed further below.
Location in a Sensitive Environment (CEQA Guidelines Section 15300.2[a]) A Class 3 exemption is partially qualified by its location and whether “the project may impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.” As described in the Biological Resources Report for the proposed project, the project area could provide habitat for special-status wildlife species and contain special-status plant species, although no occurrences of these species were noted in biological surveys of the area in 2017 and 2025 (AECOM 2025; Appendix A). The project area is also outside of any designated critical habitat (USFWS 2025). Habitat quality in the project area is marginal due to lack of aquatic resources and proximity to development, and no sensitive natural communities are present; thus, habitat loss resulting from the project would not be significant.1
Potential impacts to special-status species would be avoided by routine avoidance and minimization measures, such as completing tree removal outside of nesting season or performing nesting bird surveys prior to tree removal; implementing worker environmental awareness programs; and completing pre-construction clearance surveys for special-status wildlife and plant species. Case law suggests that the use of post-approval mitigation measures to avoid significant environmental impacts disqualifies a project from the use of a categorical exemption (Salmon Protection & Watershed Network v. County of Marin [2004] 125 Cal.App.4th 1098). Additionally, special construction techniques needed to avoid potential impacts are more properly defined as “mitigation” rather than “project features” included as part of the project description (Lotus v. Department of Transportation [2014] 223 Cal.App.4th 645). However, the recommended avoidance and minimization measures are standard best management practices that are consistent with existing regulations, policies, and guidance set forth in the Migratory Bird Treaty Act, California Fish and Game Code, the City Tree Ordinance (Municipal Code Chapter 12.08), and the adopted 2020 City General Plan Environmental Resources Element. Implementation of nesting bird surveys, avoidance buffers (if nests are found), and/or appropriate scheduling to avoid nesting season are standard measures applicable to most, if not all, projects in compliance with the Migratory Bird Treaty Act, and are not mitigation measures in direct response to a project-specific environmental impact. This is supported by recent case law which found that pre-construction nesting bird surveys were not mitigation that would disqualify a project from use of an exemption (Nassiri v. City of Lafayette [2024] 103 Cal.App.5th 910).
Relevant General Plan policies related to avoidance of biological resource impacts are cited below:
• 2020 General Plan Policy 2.2: Preserve habitat that supports threatened, rare, or endangered species identified by State or federal agencies.
1 Please note that this differs from the prior determination under CEQA Guidelines Section 15332, criteria (c) for use of a Class 32 exemption, which requires that “the project site has no value as habitat for endangered, rare, or threatened species”. As discussed in the Biological Resources Report, the project area contains marginal suitable habitat for specialstatus species but there is still some potential for occurrence in the habitat found on-site (oak woodland and annual grassland habitat). Thus, although habitat would be marginal in quality it could have some value for these species and would not meet the previously discussed Class 32 criteria.
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• 2020 General Plan Policy 2.6: Preserve existing trees and plant new trees. • 2020 General Plan Policy 2.9: Require development to avoid potential impacts to wildlife habitat, air quality, and other significant biological resources, or to adequately mitigate such impacts if avoidance is not feasible.
The recommended strategies to avoid and/or minimize impacts to biological resources, as identified in the Biological Resources Report, would be consistent with applicable regulations, such as the Migratory Bird Treaty Act and the California Fish and Game Code, and General Plan policies directing the City to avoid potential impacts to biological resources.
The project site is located within a VHFHSZ mapped by CAL FIRE and adopted by Sonoma County (Sonoma County 2026).
The proposed project has been designed in consultation with the City Fire Marshal and in accordance with the design criteria established in Chapter 7A of the Building Code for projects in wildland-urban interfaces (WUI) and the City of Sonoma Municipal Code Chapter 19.12. These standards are designed to prevent projects from increasing wildfire risk, including requirements for fire apparatus access and turnaround, fire hydrants and water supply, defensible space, and noncombustible building components. As a result, the project location within this mapped hazard area would not preclude it from use of the Class 3 exemption. There are no other mapped environmental resources of hazardous or critical concern that would apply to the project.
Cumulative Impacts (CEQA Guidelines Section 15300.2[b]) No cumulative impact would occur because the proposed project would not facilitate additional growth in the area and there are no known projects in the vicinity that could overlap with the construction footprint or otherwise combine with the project’s effects to create a significant environmental impact (City of Sonoma 2025). The nearest known project is the 254 First Street East Project, a proposed 31-unit condominium development located approximately 0.3 miles southwest of the project site.
Given the distance from the site, scale of proposed development, and location in a developed setting on the valley floor, it is unlikely to combine with the proposed project’s effects to create a cumulative impact.
Significant Environmental Effect due to Unusual Circumstances (CEQA Guidelines Section 15300.2[c]) The applicability of the “unusual circumstances” exception was the focus of a court case for an approximately 6,478-squarefoot single-family housing development in the Berkeley Hills (Berkeley Hillside Preservation v. City of Berkeley [2015] 60 Cal.4th 1086). The use of the Class 3 exemption for the Berkeley project was challenged under the notion that the size and steep location of the project constituted “unusual circumstances” that could cause landslides or other environmental damage.
Ultimately, the California Supreme Court determined that first an agency must determine whether unusual circumstances exist; then, if there are unusual circumstances, if there is a reasonable possibility that there is a significant environmental impact due to those circumstances.
There are no unusual circumstances associated with the proposed project that could result in a significant environmental impact. The proposed project is consistent with the General Plan designation of Residential Hillside and would conform to the applicable development standards for the Residential Hillside (R-HS) zone, including those established in Section 19.40.050 of the Municipal Code. The only deviation would be the pad size of 10,718 square feet at 149 4th Street East, which would exceed the maximum pad size of 5,000 square feet described in Section 19.40.050. However, this would conform to a settlement agreement between the City and property owners, dated March 24, 2021, which states that no more than 11,000 square feet of lot pad grading would be permissible for 149 4 th Street East. The increased pad size would not be an unusual condition leading to a significant environmental effect.
No other exceptions related to grading, drainage, building height, setbacks, or other code requirements would be sought that would result in “unusual circumstances.” Construction would occur in accordance with Chapter 9.56 of the Municipal Code and no unusual construction techniques (i.e., impact pile driving or nighttime work) are proposed that would generate significant noise impacts. In general, as a large-lot single-family development in an area of large-lot single-family developments, the proposed project would be consistent with the existing neighborhood and hillside context.
Visual simulations prepared for the project show that although it would be visible from surrounding roadways and public vantage points, the visible surface area of the new structures would be between 0 and 10% (Walton Architecture + Engineering, Inc. 2017). The homes have been designed to follow the natural topography of the hillside, use existing trees for screening, and employ mass-reducing design techniques to reduce visual impacts. Thus, the project would not create unusual circumstances related to visual incompatibility with nearby land uses.
Agenda Item #8.4:
Memo
AECOM
11/14
Scenic Highways (CEQA Guidelines Section 15300.2[d])
There are no officially designated state scenic highways in the vicinity of the site, thus no scenic resources within a state scenic highway would be affected (California Department of Transportation 2019).
Hazardous Waste Sites (CEQA Guidelines Section 15300.2[e]) The project site is not located on a hazardous waste site included in the Cortese List database (CalEPA 2025).
Historical Resources (CEQA Guidelines Section 15300.2[f]) Lastly, the proposed project would not cause a substantial adverse change in the significance of a historical resource because it would not remove any historic structures and would construct single-family homes in an area that does not contain any recorded historic resources. Background research for the project area was completed in 2025 and 2026 that determined the presence of potentially historic resources within the parcels proposed for development. There is a quarry outcrop and a stone alignment within 227 Brazil Street and stone alignment and wood water tank within 228 Brazil Street. No potentially eligible historic resources were found to be located within 149 4th Street East.
The stone alignment that crosses both 227 Brazil Street and 228 Brazil Street was evaluated for potential eligibility as a historical resource and found not to be considered a historical resource for purposes of CEQA (AECOM 2026; Appendix B).
The quarry outcrop, tailings, dirt road with retaining wall and landing on 227 Brazil Street are associated with a stone contractor (Hiram C. Manuel) who worked in Solano, Napa, and Sonoma counties over the course of three decades. These resources were found not to be historic under CEQA because they are common structures, constructed without any unusual methodology, and do not reflect the work of a master. Therefore, proposed project activities within its parcel (APN 018-051- 016, 227 Brazil Street) of the proposed project would not adversely affect historical resources. The wood water tank on 228 Brazil Street was also evaluated and found not to be an eligible historical resource. Thus, there would be no adverse effect on any historical resources as a result of the proposed project.
Class 4 Categorical Exemption (15304. MINOR ALTERATIONS TO LAND) Class 4 categorical exemption criteria consists of “minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes”.
Because the proposed project would involve the removal of mature trees for residential development purposes, it would not meet the requirements for a Class 4 exemption.
Class 5 Categorical Exemption (15305. MINOR ALTERATIONS IN LAND USE LIMITATIONS) Class 5 criteria is focused on minor alterations in land use limitations, such as minor lot line adjustments, side yard and setback variances, and minor encroachment permits. While the proposed project includes a minor deviation on one parcel related to a larger pad size than typically allowed for the Hillside Residential zone, the primary components of the project (three single-family residences and accessory structures) would not be covered by this exemption.
Agenda Item #8.4:
Memo
AECOM
12/14
References
AECOM. 2025. Sonoma Hillside Project –Biological Resources Report, Sonoma County.
AECOM. 2026. Sonoma Hillside Report – Cultural Resources Report.
Arviv Enterprises, Inc. v. South Valley Area Planning Com. (2002) 101 Cal.App.4th 1333 California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000–15387 California Department of Finance. 2025. California Urban Area Delineations. Available at:
https://lab.data.ca.gov/dataset/california-urban-area-delineations. Accessed January 9, 2026.
California Department of Transportation. 2019. California State Scenic Highway System Map. Available at:
https://www.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa. Accessed January 9, 2026.
California Environmental Protection Agency. 2025. Cortese List Data Resources. Available at:
https://calepa.ca.gov/sitecleanup/corteselist/. Accessed January 9, 2026.
City of Sonoma. 2025. Development Projects. Available at: https://www.sonomacity.org/development-projects/. Accessed January 22, 2026.
Association of Environmental Professionals. 2025. California Environmental Quality Act (CEQA) Statute and Guidelines.
Available at: https://www.califaep.org/docs/CEQA_Handbook_2025combined.pdf. Accessed March 5, 2025.
Holder Parlette Architecture + Landscapes. December 2024. Permit Plan Sets for 149 4th Street East and 227 Brazil Street. __________. April 2025. Permit Plan Set for 228 Brazil Street.
Horticultural Associates. 2017. Tree Preservation and Mitigation Report – 149 4th Street, Sonoma, CA. ______. 2017. Tree Preservation and Mitigation Report – Lot 227, Brazil Street, Sonoma, CA. ______. 2017. Tree Preservation and Mitigation Report – Lot 228, Brazil Street, Sonoma, CA.
Lotus v. Department of Transportation [2014] 223 Cal.App.4th 645 Moll Design + Consulting. April 2025. Civil Plan Sets for 149 4th Street East, 227 Brazil Street, and 228 Brazil Street.
Nassiri v. City of Lafayette [2024] 103 Cal.App.5th 910 Office of Planning and Research. 2018. Technical Advisory on Evaluating Transportation Impacts in CEQA. Available at:
https://lci.ca.gov/docs/20180416-743_Technical_Advisory_4.16.18.pdf. Accessed March 23, 2026.
Salmon Protection & Watershed Network v. County of Marin [2004] 125 Cal.App.4th 1098 Sonoma County. 2026. Sonoma County Fire Hazard Severity Zone Map. Available at: https://www.sonomavalleyfire.org/firehazard-severity-zones-fhsz-sonoma-valley-fire-district. Accessed January 21, 2026.
Walton Architecture + Engineering, Inc. 2017. Brazil Street Visibility Study.
Agenda Item #8.4:
p.1 228 Brazil Street 2026.05.07
PROJECT NARRATIVE
228 Brazil Street | Hillside Residential Project | City of Sonoma, California Project Overview
The 228 Brazil Street Hillside Residential Project proposes the construction of a new single-family residence on a parcel totaling approximately 2.69 acres, located in the northeastern portion of the City of Sonoma on the slopes of Schoeken Hill. The site sits at the upper terminus of Brazil Street and 4th Street East and carries a General Plan designation of Hillside Residential. The property is zoned Residential Hillside (R-HS) with a Historic Overlay.
All proposed buildings are designed as low-profile structures featuring terraced levels, setback walls, and decks that follow the natural contours of the hillside. A swimming pool is included as amenities for residents and their guests. Primary vehicular access is provided by an improved driveway at the junction of Fourth Street and Brazil Street.
Agenda Item #8.4:
p.2 228 Brazil Street 2026.05.07
Site Design & Grading
The project is sited on the mid portion of the hillside, in an open area of the site that is surrounded by trees, minimizing impacts and disturbance to the natural terrain. The majority of the development area, including the pool and garage structures, are situated on the least sloped portion of the land. Pad grading totals 4,882 square feet, which falls within the 5,000 square foot limit established by the Settlement Agreement. Driveways, planters, and walkways are excluded from this calculation per the agreed definition.
Site coverage is calculated at 12.40%, within the 15% limit imposed by R-HS zoning. This figure includes shared driveways that cross the parcel to serve adjacent residences; standalone parcel coverage is therefore effectively lower. Structures have been clustered on a gently sloping area of the site to reduce grading alterations on steeper slopes elsewhere on the property Visibility Reductions
Street Visibility (Walton Study — 4th & Greve Ln): The 2017 Walton Architecture baseline established 2% total visible surface area from the primary public vantage point looking north.
Per Image computing calculations that take into account the reductions calculated in the architectural elevations based on building height reductions, the 2025 design reduces this to
1.5% — a 25% reduction in visible surface area from Fourth Street. [Source: 228 SK1.0 & SK2.0]
228 SK1.0 Street Visibility Study
H O L D E R | P A R L E T T E a r c h i t e c t u r e l a n d s c a p e s Date: 4/29/26
228 BRAZIL ST.
4TH ST.
BRAZIL ST.
N
2017 Street Visibility Study 1
VISIBILITY STUDY
2017: 2% VISIBLE SURFACE
FROM VALLEY FLOOR - PER VISIBILITY STUDY DONE DURING THE 2017 REVIEW, LOT 228 HAD A VISIBLE SURFACE AREA OF 2%. 2025: 1.5% VISIBLE SURFACE
FROM VALLEY FLOOR - PER BUILDING HEIGHT REDUCTIONS SHOWN ON 228 SK4.0 Calculations based on building
width held constant, visible area scales directly with height. The net reduction makes structure have less visible
surface area than the 2017
original submission, from the
primary public vantage point
identified as 4th Street &
Greve Ln.
Agenda Item #8.4:
p.3 228 Brazil Street 2026.05.07
Architectural Design & Massing Reductions
The residence has been designed as a stepped structure terraced into the hillside, blending with the landscape while avoiding significant alteration to the existing natural character of the site. The stepped building form — where each level meets natural grade independently on the uphill and downhill sides — reflects design language rooted in hillside architecture and is consistent with the requirements of the Settlement Agreement.
228 SK3.0 West Elev. Perspective
H O L D E R | P A R L E T T E a r c h i t e c t u r e l a n d s c a p e s Date: 4/29/26
228 BRAZIL ST.
4TH ST.
BRAZIL ST.
N
2025 APPLICATION WEST PERSEPECTIVE
N.T.S. 1
WEST PERSPECTIVE
WALL SURFACE AREA
REDUCTION: 7%
REDUCTIONS:
- LOWERED TOP EAVE BY 3.67 FEET. -LOWERED FINISH FLOOR ELEVATION BY 2 FEET. -REDUCED CONTINUOUS WALL HEIGHTS BY ADDING PLANTERS
STEPPED BUILDING DESIGN IS
REFLECTED BECAUSE EACH LEVEL HAS
ITS OWN DIRECT ACCESS TO GRADE &
THE LEVELS ARE NOT STACKED
VERTICALLY WITHIN A SINGLE BUILDING
ENVELOPE
Agenda Item #8.4:
p.4 228 Brazil Street 2026.05.07
Over the course of the project's development, significant reductions in massing, height, and footprint have been made in response to direction from City staff, the Planning Commission, the City Fire Department, and neighboring residents:
Building Height: Finish floor elevation has been lowered 2.0 feet (658.50′ → 656.50′) specifically to reduce visibility from public vantage points. Top of eave has been lowered 3.67 feet (674.17′ → 670.50′). Overall building height has been reduced by 12% relative to the 30-foot maximum allowed. [Source: 228 SK4.0]
Main Residence Plate Height Reduction: Main level plate height reduced from 14′-3″ to 12′-7″ (−1′-8″). Also, lower level projection toward view reduced by 2 feet.
Garage Height: Garage finish slab lowered 2.5 feet (660.00′ → 657.50′). 228 SK4.0 Building Section Comparison
H O L D E R | P A R L E T T E a r c h i t e c t u r e l a n d s c a p e s Date: 4/29/26
228 BRAZIL ST.
4TH ST.
BRAZIL ST.
N
MAIN LVL. F.F.
658.50'
LOWER LVL. F.F.
646.50'
12'-0" 14'-3"
27'-8"
GREAT RM.
PLATE HEIGHT
T.O. EAVE
674.17'
ROOF OVER GREAT RM.
(E) GRADE
FINISHED GRADE
3'-4"
30'-0" ABOVE NATURAL GRADE
TERRRACE
1'-4"
646.50'
OVERLAP AREA
15'-0"
14'-3"
MAIN LEVEL T.O. PLATE HEIGHT
MAIN LEVEL T.O. PLATE HEIGHT
MEDIA RM.
CRAWL
SPACE
KITCHEN
LENGTH OF OVERLAP 22'-3"
658.50'
SOUTH WALL
HEIGHT
12'-0"
PATH
EL. 658.50'
674.17'
(E) GRADE
2'-1"
LANDING & STEPS TO GRADE
MAIN LVL. F.F.
656.50'
LOWER LVL. F.F.
644.50'
12'-0"
GREAT RM. PLATE HT.
668.50'
T.O. EAVE
670.50'
12'-0"
26'-0"
2 2
2 DRIVEWAY / FIRE ACCESS RD. EL. 657.91'
30'-0" ABOVE NATURAL GRADE
MSTR. BEDRM. & BATH BEYOND
GREAT RM.
T.O. EAVE LOWERED BY
3.67'
12'-0"
12'-0"
MEDIA RM.
KITCHEN
10'-0"
SOUTH WALL LOWERED HEIGHT
BUILDING LOWERED BY 2.0'
MAIN LEVEL MAX. PLATE HEIGHT
LOWERED
OVERLAP AREA
17'-6"
12'-7"
TERRRACE
GREAT RM. PLATE HEIGHT LOWERED
LENGTH OF OVERLAP
3/4"/FT
SLOPE:
CANOPY OVER DECK
OUTLINE OF 2017 PROPOSAL
2017 SECTION @ KITCHEN & MEDIA ROOM
3/32"=1'-0" 1
2025 APPLICATION SECTION @ KITCHEN & MEDIA RM.
3/32"=1'-0" 2
BUILDING SECTION
12% BUILDING HEIGHT REDUCTION *BASED ON A 30'-0" MAX. HEIGHT BLDG. -BLDG. TOP OF EAVE ELEVATION (2017) : 674.17 FT. -BLDG. TOP OF EAVE ELEVATION (2025) : 670.50 FT.
REDUCTIONS:
- LOWERED TOP EAVE BY 3.67 FEET. - LOWERED FINISH FLOOR ELEVATION BY 2 FEET FOR STEPPED LEVELS. _REDUCED PLATE HEIGHTS. - REDUCED LOWER LEVEL PROJECTION TOWARDS VIEW BY 2'-0".
STEPPED BUILDING OVERLAP
AREA OVERLAP REDUCTION: 6%
REDUCTIONS:
- REDUCED LENGTH OF OVERLAP FROM 22'-3" TO 17'-8"
*in a true two-story structure, the
overlap would approach 100%
THE FLOOR OVERLAP FIGURES DEMONSTRATE
THAT THE OVERWHELMING MAJORITY OF EACH
STEPPED LEVEL IS INDEPENDENT OF THE OTHER.
Agenda Item #8.4:
p.5 228 Brazil Street 2026.05.07
West Elevation: 7% reduction in facade area. Total wall area reduced from 856 SF (2017) to 794 SF (2025), a reduction of 62 SF. Multi-level planters added on east and west elevations break continuous wall heights. [Source:228 SK2.0]
228 SK2.0 West Elev. Comparison
H O L D E R | P A R L E T T E a r c h i t e c t u r e l a n d s c a p e s Date: 4/29/26
228 BRAZIL ST.
4TH ST.
BRAZIL ST.
N
MAIN LVL. F.F.
656.50'
LOWER LVL. F.F.
644.50'
12'-0"
GREAT RM.
PLATE HT.
668.50'
T.O. EAVE
670.50'
12'-0"
26'-0"
2 2
2 2017 FACADE AREA: 856 SF.
ADDED PLANTER TO REDUCE CONTINUOS WALL HEIGHT. 110 SF.
+/- 26'-0" +/- 30'-0"
2025 FACADE AREA: 794 SF. REDUCTION: 62 SF. = 7%
2017 SECTION @ KITCHEN & MEDIA ROOM
3/32"=1'-0" 1
2025 APPLICATION SECTION @ KITCHEN & MEDIA RM.
3/32"=1'-0" 2
WEST ELEVATION
7% REDUCTION VISIBILITY
-TOTAL WALL AREA (2017) : 856 SF. -TOTAL WALL AREA (2025) : 794 SF.
REDUCTIONS:
- LOWERED TOP EAVE BY 3.67 FEET. -LOWERED FINISH FLOOR ELEVATION BY 2 FEET. -LOWERED GARAGE SLAB ELEVATION BY 2.5 FEET
STEPPED BUILDING DESIGN IS
REFLECTED BECAUSE EACH LEVEL HAS
ITS OWN DIRECT ACCESS TO GRADE &
THE LEVELS ARE NOT STACKED
VERTICALLY WITHIN A SINGLE BUILDING
ENVELOPE
Agenda Item #8.4:
p.6 228 Brazil Street 2026.05.07
Stepped Design (Not Second Story)
The settlement agreement expressly permits tiered, stepped hillside design. At 228 Brazil, both levels meet natural grade independently — this is not a floor sitting on top of another within a shared building envelope.
Per the Holder Parlette overlap diagram (SK5.0): main level footprint 2,386 SF; lower level footprint 2,698 SF; stacked footprint reduced from 1,776 SF (2017) to 1,384 SF (2025). Stacked / overlap area is now 27% of total floor area, down from 33% in 2017 — a 6 percentage-point reduction. The greatest length of overlap has been reduced from 22′-3″ to 17′-6″. By comparison, in a true two-story structure the overlap would approach 100%.
These figures, taken directly from the architect's drawings of record, demonstrate that this is hillside terracing rather than a stacked two-story form.
228 - BRAZIL ST. - PAD CHANGES
2018 PROPOSAL 2025 PROPOSAL CHANGES
PAD CALCULATIONS:
MAIN HOUSE : 4,670 SF 3,750 SF -920 SF
GARAGE : 622 SF 539 SF -83 SF
POOL : 578 SF 600 SF 22 SF
228 - BRAZIL ST. - FLOOR AREA CHANGES
2018 PROPOSAL
2025 PROPOSAL CHANGES
MAIN HOUSE CHANGES:
CONDITIONED AREA CALCULATIONS:
MAIN LEVEL : 2,621 SF 2,386 SF -235 SF
LOWER LEVEL : 2,741 SF 2,698 SF -43 SF
TOTAL : 5,362 SF 5,084 SF -278 SF
GARAGE CHANGES:
GARAGE LEVEL ELEVATION : 622 SF 539 SF -83
228 - BRAZIL ST. - FLOOR OVERLAP CHANGES
2018 PROPOSAL 2025 PROPOSAL CHANGES
FLOOR OVERLAP LENGTH (Greatest): 22'-3" 17'-6" -4'-9"
FLOOR AREA OVERLAP : 1,776 SF 1,384 SF -392 SF
FLOOR AREA OVERLAP % : 33 % 27 % -6 %
228 - BRAZIL ST. - BUILDING HEIGHT CHANGES
T.O. EAVE ELEVATION: 674.17' 670.50' -3.67'
MAIN LEVEL MAX. T.0. PLATE HEIGHT : 14'-3" 12'-7" -1'-8" MAIN LEVEL ELEVATION : 658.50' 656.50' -2.00'
LOWER LEVEL ELEVATION : 646.50' 644.50' -2.00'
GARAGE CHANGES:
GARAGE LEVEL ELEVATION : 660.00' 657.50' -2.50'
228 SK5.0 Stepped Bldg. Overlap Comparison
H O L D E R | P A R L E T T E a r c h i t e c t u r e l a n d s c a p e s Date: 4/29/26
228 BRAZIL ST.
4TH ST.
BRAZIL ST.
N
LOWER LVL FOOTPRINT 2,741SF.
MAIN LVL FOOTPRINT 2,621 SF.
AREA OVERLAP
1,118 SF.
FROM 2018 01 08 SUBMITTED DRAWINGS
THERE ARE MANY DRAWIGN DISCREPANCIED BETWEEN
DOCUMENTATION RECEIVED
AREA OVERLAP
1,776 SF.
2 A3.1
LOWER LVL. FOOTPRINT
2,698 SF.
MAIN LVL. FOOTPRINT
2,386 SF.
STACKED FOOTPRINT
1,384 SF.
2025 LEVEL OVERLAP DIAGRAM
1/16"=1'-0" 2
2017 LEVEL OVERLAP DIAGRAM
1/16"=1'-0" 1
STEPPED BUILDING OVERLAP:
27% AREA OVERLAP (2025)
6% OVERLAP AREA REDUCTION
*in a true two-story structure, the
overlap would approach 100%
THE FLOOR OVERLAP FIGURES DEMONSTRATE
THAT THE OVERWHELMING MAJORITY OF EACH
STEPPED LEVEL IS INDEPENDENT OF THE OTHER.
Agenda Item #8.4:
p.7 228 Brazil Street 2026.05.07
PAGE LEFT BLANK
Agenda Item #8.4:
p.8 228 Brazil Street 2026.05.07
Agenda Item #8.4:
p.9 228 Brazil Street 2026.05.07
Landscaping & Environmental Preservation
The project will preserve the site's extensive mature oak trees and existing native vegetation. Minimal new planting is proposed to complement the project design and reinforce its natural setting. The placement of structures on a flat area of the site ensures that few, if any, significant trees will be affected. Natural topographic features — including ridgelines, steep slopes, rock outcroppings, drainage courses, and prominent woodland areas — are preserved by maintaining building pads outside of areas that could conflict with these natural elements.
Grading has been maintained to a minimum. The preservation and introduction of plant materials will protect slopes from soil erosion and slippage and minimize the visual effects of construction on the hillside. Because the structure is located off the main street and accessed only via the private access road, existing vegetation will minimize & screen this stepped design residence from view of 4th Street East, Brazil Street and the valley floor.
Agenda Item #8.4:
p.10 228 Brazil Street 2026.05.07
Compliance with the Settlement Agreement
The original applications for this project were submitted in 2016 and 2017 and were approved by the City Planning Commission before being appealed to the City Council, which denied them in May 2018.
Following a legal challenge to that denial, the City and Applicants negotiated a Settlement Agreement and Release, executed in March 2021, establishing specific, measurable criteria under which revised applications would be evaluated.
The revised project fully complies with all criteria established by that agreement: pad grading of 4,882 SF is within the 5,000 SF settlement limit; site coverage of 12.40% is within the 15% R-HS zoning cap; and all structures conform to the agreed square footage, height, and setback restrictions. The hearing authority is respectfully requested to conduct its review as a compliance evaluation against these agreed-upon criteria.
Agenda Item #8.4:
p.11 228 Brazil Street 2026.05.07
Historic Overlay District Findings
The project site is located within the City's Historic Overlay District. The proposed development will not impair the historic character of adjacent historic resources. Situated on a large lot surrounded by other large lots, the structure's footprint, massing, scale, and materials have been designed to match the character of surrounding structures, maintaining the integrity of the district and substantially complying with the applicable guidelines set forth in Chapter 19.42 SMC (Historic Preservation and Infill in the Historic Zone).
No original historic materials are present on the site requiring preservation. The greatest effort is being made to preserve all natural elements of the property. The proposed structure maintains the scale, use, and landscape character of the existing site and surrounding properties, consistent with the designated local historic district standards adopted by the City of Sonoma.
Public Health, Safety & Welfare
The proposed development will not be detrimental to the public health, safety, or welfare, nor will it be materially injurious to properties or improvements in the vicinity. The project will improve rainwater management on the site and upgrade access road conditions to the benefit of surrounding properties.
The proposed use is consistent with and permitted within the Residential Hillside (R-HS) zoning district.
The project team — including civil engineer Chad Moll of Moll Design + Consulting and Architect Holder Parlette Architecture + Landscapes — has incorporated direction from City staff, the Planning Commission, the City Fire Department, and neighboring residents across every iteration of the design over more than ten years of engagement. The revised application represents a substantial reduction in grading, massing, height, tree removal, and post-construction visibility compared to the original 2017 proposals, documented across every measurable category.Done — Main Residence now appears before Accessory Structure in the Architectural Design & Massing Reductions section. All three tables remain in their correct positions throughout the narrative. Let me know if you'd like any further changes.
Agenda Item #8.4:
p.12 228 Brazil Street 2026.05.07
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p.13 228 Brazil Street 2026.05.07
Agenda Item #8.4:
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Agenda Item #8.4:
228 SK6.0 Materials Board
H O L D E R | P A R L E T T E a r c h i t e c t u r e l a n d s c a p e s Date: 5/8/26
228 BRAZIL ST.
4TH ST.
BRAZIL ST.
N
2025 APPLICATION WEST PERSEPECTIVE
N.T.S. 1
FASCIA & TRIM
ALUMINUM CLAD
WOOD, DARK BRONZE
CONCRETE PAVERS, PLANTERS, PATIOS &
STEPS
NATURAL; LIGHT
BRUSH FINISH
DOORS, WDWS & ROOF MATERIAL
PAINTED WOOD GUARDRAILS
BENJAMIN MOORE
BLACK
WALL SIDING:
NATURAL STAINED
SIDING
SINGLE-PLY, IB ROOFING, DARK GRAY
WALL COLOR #1
STUCCO PAINTED, BENJAMIN MOORE, OFF-WHITE
STONE VENEER
NATURAL
LIGHT GREY
Agenda Item #8.4:
PROJECT CONTACTS
2 2 8 B R A ZIL S T. R E SID E N C E
LOCATION MAP
ADDRESS: 228 BRAZIL ST, SONOMA, CA 95476
ASSESOR'S PARCEL # 018 051 015
ZONING TYPE: R- HS
BLDG TYPE: V-B
OCCUPANCY GROUP R-3 & U
FEMA FLOOD ZONE DATA: N/A
TOTAL LOT AREA: 2.6 ACRES
113,584 SF
FLOOR AREA RATIO
PROPOSED:
MAIN HOUSE
MAIN LEVEL SF
LOWER LEVEL 2,741 SF
LIVING SPACE SUBTOTAL: 5,127 SF
TOTAL FLOOR AREA: SF
BLDG LIMITATION: REQUIRED: PROPOSED:
SETBACKS SEE SITE PLAN SEE SITE PLAN
MAXIMUM PROPOSED
MAX BUILDING HEIGHT: 30 FT 28'-11"
PARKING SPACES (9'X19'): EXISTING: PROPOSED:
GARAGE 0 2
ON-SITE 0 0
MAIN HOUSE TOTAL:
GARAGE:
5,127 SF
2,386
539 SF
FLOOR AREA RATIO: 5.0 %
PLANNING & ZONING DATA
A0.0 COVER SHEET
CIVIL SHEETS
1 OVERALL SITE PLAN
2 PRELIMINARY DRIVEWAY PLAN
3 PRELIMINARY GRADING PLAN
4 PAD GRADING EXHIBIT
ARCHITECTURAL SHEETS
A1.0 SITE PLAN
A1.1 ENLARGED SITE PLAN & FLOOR AREA OVERLAP DIAGRAM
A2.0 MAIN LEVEL FLOOR PLANS
A2.1 LOWER & GYM LEVELS FLOOR PLAN
A2.2 ROOF PLAN
A2.3 GARAGE FLOOR PLAN, ROOF PLAN AND ELEVATIONS
A3.0 ELEVATIONS
A3.1 ELEVATIONS & BUILDING SECTION
SHEET INDEX
ASSESSOR'S MAP
PROJECT DESCRIPTION:
CITY OF
SONOMA
HIGHWAY12 N
HIGHWAY12 S
E NAPA ST
4ST ST E
DATE: ISSUE:
6.23.22 DESIGN REVIEW TITLE SHEET
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DESIGN REVIEW
07.01.25 REV.3
3 DESIGN REVIEW
09.03.25 REV.4 4 DESIGN REVIEW
PROJECT SITE
228 BRAZIL STREET
1300 OAK KNOLL AVE
EXISTING BARN EXISTING HOME EXISTING POND
EXISTING DRIVE
PROJECT SITE
99 BRAZIL ST.
LOT 228
ARCHITECT & LANDSCAPE DESIGNER
HOLDER | PARLETTE
1010 SIR FRANCIS DRAKE BLVD. #204
KENTFIELD, CA 94904
CONTACT: KENNETH HOLDER
E: [email protected]
T: 415.269.5236
GEOTECHNICAL ENGINEER
PJC ASSOCIATES
600 MARTIN AVE. SUITE 210
ROHNERT PARK, CA. 94928
T: (707) 584-4804
BUILDER
TO BE DETERIMINED
5,666
PER SONOMA COUNTY GIS
PROJECT DESCRIPTION:
1. FIRE SPRINKLERS — REQUIRED, UNDER A SEPARATE PERMIT - CURENT BLDG CODE REQUIRES THE RESIDENCE BE FULLY SPRINKLERED, WHICH WILL BE SUBMITTED UNDER SEPARATE PERMIT, AS REQUIRED BY COUNTY FIRE DEPT. - SYSTEM WATER SOURCE: CITY WATER SYSTEM - SEE 5/CIVIL DWGS. FOR FIRE HYDRANT LOCATION.
2. VEGETATION MANAGEMENT & DEFENSIBLE SPACE:
THIS PROJECT IS LOCATED IN A VERY HIGH FIRE HAZARD SEVERITY ZONE IN THE LRA - LOCAL RESPONSIBILITY ARE4A - COMPLIANCE WITH THE STATE OF CA FIRE SAFE STANDARDS AND PUBLIC RESOURCE CODE 4291.
3. ADDITIONAL DEFERRED APPROVALS:
ELECTRICAL LOAD CALC'S DUE AT 1ST INSPECTION
4. CERTIFICATE OF OCCUPANCY:
REQUIRED PRIOR TO USE AND OCCUPANCY. ALL REQUIRED INFORMATION IS LISTED ON TITLE SHEET.
5. GRADING PERMIT:
CONTRACTOR TO PROVIDE CALCULATIONS QUANTITIES OF EXCAVATION, MATERIAL OFF HAUL, MATERIAL IMPORT AND TOTAL FILL FOR FOUNDATIONS AND DRIVEWAY. IF THE EXCAVATION, OFF-HAUL OR IMPORT IS EQUAL OR GREATER THAN 25 CY, A SEAPARATE GRADING PERMIT IS REQUIRED. IF EQUAL TO OR GREATER THAN 100 CY, PLANNING COMMISSION APPROVAL IS REQUIRED.
6. TITLE 24 —ADDITIONAL SUBMITTAL REQUIREMENTS:
THE CONTRACTOR MUST HAVE PROVIDE THE APPLICABLE SECTIONS OF THE CF-6R TO THE OWNER AND BLDG OFFICIAL PRIOR TO REQUEST FOR FINAL INSPECTION. IF NOT ALREADY PROVIDED AS PART OF A PERFORMANCE TYPE ANALYSIS, THE CF-4R MUST ALSO BE PROVIDED.
7. EROSION CONTROL MEASURES:
BEFORE A REQUEST FO R FINAL INSPECTION, ANY AREA WHERE SOIL IS DISTURBED MUST BE TOTALLY REVEGETATED WITH A GROUND COVER ACCEPTABLE TO THE RVFD AND THE PUBLIC WORKS DIRECTOR; OR A PERMANENT EROSION CONTROL SYSTEM SUCH AS AN EROSION CONTROL BLANKET AND MULCH COVERED WITH A TACKIFIER. THERE ARE NO EXCEPTIONS TO THIS REQUIREMENT AND TEMPORARY PLANTINGS MAY BE REQUIRED IN ORDER TO COMPLY. FOR MORE INFORMATION, REFER TO MCSTOPP.ORG
8. FOR REQUIRED STRUCTURAL OBSERVATIONS AND SPECIAL INSPECTIONS SEE S1.0 STRUCTURAL NOTES GENERAL PROJECT REQUIREMENTS;
APPLICABLE CODE NOTICE:
ALL CONSTRUCTION, REGARDLESS OF DETAILS ON PLANS, SHALL CO M PLY WITH THE FOLLOWING:
— 2019 CALIFORNIA BUILDING CODE (CBC) — 2019 CALIFORNIA FIRE CODE (CFC) — 2019 CALIFORNIA RESIDENTIAL CODE (CRC), 1 & 2-FA MILY DWELLINGS ONLY — 2019 CALIFORNIA ELECTRICAL CODE (CEC) — 2019 CALIFORNIA PLU M BING CODE (CPC), — 2019 CALIFORNIA MECHANICAL CODE (C M C), — 2019 CALIFORNIA GREEN BUILDING STANDARDS — 2019 CALIFORNIA ENERGY CODE — 2019 CALGREEN NAPA COUNTY — CITY OF SONO M A CODES & ORDINANCES
THIS APPLICATION IS FOR THE DEVELOPMENT OF A RESIDENTIAL PROJECT AND
INVOLVES THE BUILDING OF A NEW TIERED SINGLE FAMILY DWELLING (5 BEDROOMS, 5-1/2 BATHS), & A DETACHED 2-CAR GARAGE
THE SITING OF THE MAIN RESIDENCE ATTEMPTS TO PRESERVE MOST EXISTING
VEGETATION AND MINIMIZE THE AMOUNT OF CUT AND FILL TO THE GRADE BY UTILIZING THE BEST SUITED AREA OF THE LOT.
THE DEVELOPMENT WILL BE LOCATED DISTANT FROM THE MAIN ROAD [4TH STREET & BRAZIL ST.] AT THE END OF A LONG PRIVATE DRIVEWAY. THERE IS ONE
POINT OF ENTRY/EXIT FOR THE DRIVEWAY PROVIDING A SECLUDED ACCESS TO THE PUBLIC RIGHT OF WAY.
THE MAIN DWELLING IS LOCATED ON THE NORTHERS SIDE OF THE LOT AND SURROUNDED BY EXISTING TREES ON THE SOUTH, EAST AND WEST SIDES. THE
POOL WILL BE LOCATED ON A TERRACED PLANTING AREA TO THE EAST SIDE OF
THE MAIN LEVEL TO MAXIMIZE A CONNECTION TO THE VIEWS WHILE MAINTAINING
A HIGH DEGREE OF PRIVACY AND NOISE CONTAINMENT FROM THE NEIGHBORING PROPERTIES.
THE EXTERIOR COLORS AND MATERIALS PALETTE REFLECT A NATURAL, NEUTRAL COMBINATION TO BLEND INTO THE LANDSCAPE.
ALL UTILITIES SERVING THE PROJECT WILL BE UNDERGROUND THROUGHOUT THE ENTIRE PROPERTY.
ALL STRUCTURES SHALL HAVE FIRE SPRINKLERS INSTALLED UNDER SEPARATE PERMIT
SURVEYOR & CIVIL ENGINEER
MDC MOLL DESIGN & CONSULTING
PO BOX 9545
SANTA ROSA, CA. 95405
T: (707) 481-9472
E: [email protected]
OWNER
N. WILLIAM JASPER
80 2ND STREET EAST
SONOMA, CA. 95476
E: [email protected]
T: 707.939.7110
-REDUCTION & RELOCATION OF GARAGE & WALKWAY TO COMPLY WITH SITE WALL HEIGHT LIMITATIONS.
-RELOCATED EXTERIOR STAIRS, LANDINGS & STEPS TO LOWER LEVEL & GRADE. -REDESIGNED DRIVEWAY TO INCLUDE FIRETRUCK TURNAROUND.
SEE 3/A3.0
-REDUCED AREA SQUARE FOOTAGE (SEE TABLE)
-AMMENDED PLANS TO REMOVE GYM LEVEL DIRECTLY UNDER THE POOL AREA. -LOWERED STRUCTURES (MAIN & GARAGE), LOWERED MAIN LEVEL, LOWER LEVEL & GARAGE FINISHED FLOOR ELEVATION HEIGHTS. (SEE TABLE) -LOWERED MAX. ROOF HEIGHT (SEE TABLE)
-ADDED PLANTERS TO BOTH EAST & WEST SIDES OF MAIN STRUCTURE. -LOWERED DRIVEWAY. (SEE CIVIL)
-REDUCED GARAGE ROOF ELEVATION & PIITCH. ALSO REDUCED GARAGE WALL HEIGHT TO 9'-0" HIGH.
APPLICATION/
REVISION DATE
T.O. EAVE
ELEVATION
APRIL 2017 674.17'
NOVEMBER 2024
HEIGHT & FOOTPRINT
REDUCTION
(NOT SUBMITTED)
670.50'
NOTES
- LOWERED LOWER LEVEL FLOOR SLAB ELEVATION BY 2.00'
2017 APPLICATION: 646.50' / 2024: 644.50'
- LOWERED DRIVEWAY/ FIRE TRUCK ACCESS RD. (SEE CIVIL)
- REDUCED LOWER LEVEL PLAN BY 114 SF.
- REMOVED MAIN LVL. TERRACE CANOPY.
- INTRODUCED PLANTERS ON WEST SIDE OF
STRUCTURE TO BREAK CONTINUOUS WALL HEIGHT.
- ADDED PLANTERS ON EAST SIDE OF STRUCTURE TO BREAK
CONTINUOUS WALL HEIGHTS @ THE POOL SIDE
LOWER LVL. ELEVATION
646.50'
644.50'
- ORIGINAL / INITIAL APPLIACATION
- DECREASED TOTAL CONDITIONED SQUARE FOOTAGE BY 192 SF
2017 APPLICATION: 5,319 SF / 2024: 5,127 SF
LENGHT OF
OVERLAP
(GREATEST)
23'-3"
17'-6"
TOTAL
CONDITIO_
NED AREA
5,319 SF.
5,127 SF .
- REDUCED MAIN LEVEL BY 78 SF.
- LOWERED MAX. ROOF HEIGHT BY 3.67'
2017 APPLICATION: 674.17' / 2024: 670.50'
- LOWERED MAIN LEVEL MAX. TOP PLATE BY 1.67'
2017 APPLICATION: 14'-3" / 2024: 12'-7"
- LOWERED MAIN LEVEL FLOOR ELEVATION BY 2.00'
2017 APPLICATION: 658.50' / 2024: 656.50'
- LOWERED GARAGE FLOOR SLAB ELEVATION BY 2.50'
2017 APPLICATION: 660.00' / 2024: 657.50'
EARTHWORK CALCULATIONS
CUT CY
FILL 190 CY
NET 430 CY
620
(EXPORT)
SEE CIVIL SHEET 6
FOR DETAILED
CALCULATIONS
3 4
Agenda Item #8.4:
85'
S 82° 50' 10" E
S 6° 53' 28" W
N 82° 54' 16" W
58.53'
100.00'
533.51'
109.89'
S 6° 53' 28" W
300.53'
N 84° 16' 52" W
48.60'
N 84° 53' 16" W (533.63')
S 6° 53' 28" W
297.77'
N 7° 10' 31" E 298.99'
294.11'
PROPERTY LINE
650'
630'
640'
640'
670'
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
30'-0"
30'-0"
FOURTH ST. EAST
228 BRAZIL ST. APN# 018-051-015
650'
630'
640'
670'
640'
650'
652'
654'
656'
658'
640'
638'
650' 650'
660'
660'
BRAZIL ST.
660
640
650
660
630
670
660
650
650
554
552
>
>
>
>
>
> >
>
>
>
297'-6"
8" 1'-6"
644.0'
POOL
TROUGH
30'-0"
30'-0"
30'-0"
30'-0"
30' BUILDING SETBACK LINE
30' BUILDING SETBACK LINE
30' BUILDING SETBACK LINE
30' BUILDING SETBACK LINE
30'-0"
30'-0"
S 82° 50' 10" E
S 6° 53' 28" W
N 82° 54' 16" W
58.53' 100.00'
109.89'
S 6° 53' 28" W
300.53'
N 84° 16' 52" W
48.60'
N 84° 53' 16" W
S 6° 53' 28" W
PROPERTY LINE 297.77'
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
FOOTPRINT MAIN
STRUCTURE
FOOTPRINT
GARAGE
STRUCTURE
POOL
PROPERTY LINE
30' BUILDING SETBACK LINE
30' BUILDING SETBACK LINE
30' BUILDING SETBACK LINE
30' BUILDING SETBACK LINE
WATER
TOWER
FIRE & SERVICE
ACCESS
DRIVEWAY
ACCESS FROM
MAIN ROAD
147'-9"
104'-5"
PROPOSED STRUCTURES
ON LOT 227
87'-2"
89'-9"
90'-2"
34'-1"
5'-7"
158'-5"
49'-4"
WALKWAY &
STEPS TO
GRADE, TYP.
5'-6"
RETAINING
WALLS PER CIVIL
CITY
RIGHT-OF-WAY
PROPOSED
ACCESS & UTILITY
FIRE EASEMENT
DEPARTMENT
TURNAROUT
PROPOSED
ACCESS & UTILITY
EASEMENT
FIRE
DEPARTMENT
TURNAROUT
PROPOSED SLOPE
EASEMENT
PROPOSED SLOPE
EASEMENT
PROPOSED
DRIVEWAY
PROPOSED SLOPE
EASEMENT
FIRE TRUCK
TURN
AROUND
FIRE TRUCK
TURN
AROUND
FIRE HYDRANT, CONNECT TO
POOL. SEE SHEET
5 / CIVIL DWGS.
4 FIRE HYDRANT, CONNECT TO
POOL. SEE SHEET
5 / CIVIL DWGS.
DATE: ISSUE:
6.23.22 DESIGN REVIEW SITE PLAN
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SITE PLAN
1" = 20 ft
1 PROJECT NORTH
SEE ENLARGED SITE PLAN ON
A1.1 FOR ADDITONAL
INFORMATION, INCLUDING
DIMENSIONS TO PROPERTY
LINES, FOOTPRINT & PATIO
DIMENSIONS, & TREE
INFORMATION
Agenda Item #8.4:
N 82° 54' 16" W
58.53'
100.00'
N 84° 53' 16" W
S 6° 53' 28" W
297.77'
D 8" OAK
18" OAK
24" OAK
20" OAK
8" OAK
DBL 8" OAK
D 8" OAK
TRPL 12" OAK
16" OAK
16" OAK
PROPERTY LINE
650'
630'
640'
640'
670'
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
30'-0"
650'
652'
654'
656'
658'
640'
638'
650'
660'
30'-0"
30'-0"
30'-0"
30' BUILDING SETBACK LINE
30' BUILDING SETBACK LINE
30' BUILDING SETBACK LINE
30'-0"
30'-0"
FOOTPRINT AREA
12'-0"
38'-0"
8'-9"
41'-6"
11'-6"
5'-0"
13'-0"
13'-7"
6'-1"
5'-4"
13'-7"
GARAGE
FOOTPRINT
24'-6"
38'-4"
13'-0"
19'-10"
20'-6"
1'-0"
CARPORT
REMOVED
32'-11" 57'-0"
13'-7"
50'-6"
11'-4"
3'-0"
8'-2"
7'-8"
3'-9"
5'-5" 34'-8" 5'-1" 2'-9" 3'-6" 23'-7"
5'-3"
44'-7" 6'-2" 15'-0" 8'-1"
3'-5" 3'-5"
8'-4"
4'-9"
POOL
COPING
DOOR
LANDING
TYP.
22'-0"
10'-5"
5'-0"
MAIN FLOOR F.F. ELEV: 656.50'
LOWER FLOOR F.F. ELEV: 644.50'
2 2
2 A3.1
ELEV: 657.5'
3'-0"
2'-0"4'-0"
EASEMENT
2 FIRETRUCK FIRETRUCK TURN AROUND
TURN AROUND
SITE WALL
SITE WALL
SITE WALL
SITE WALL
5'-7"
5'-6"
3,743 SF
DRIVE WAY
DRIVEWAY
WALKWAY
PLANTER
PLANTER PLANTER
PLANTER
POOL
PLANTER
PLANTERS
FIRE & ACCESS
FIRE & ACCESS
PATH
PATH
PLANTER
DATE: ISSUE:
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ENLARGED SITE PLAN
1/8"=1'-0"
1 PROJECT
NORTH
SEE FLOOR PLANS ON A2.0, A2.1 & A2.3
FOR EXTERIOR LIGHTING
TOTAL STACKED FLOOR AREA: 1,384 SF (27%)
TOTAL FLOOR AREA : 5,127 SF.
OVERLAP AREA CALCULATIONS 2
A3.1
FLOOR AREA OVERLAP DIAGRAM
N.T.S.
2 Agenda Item #8.4:
100.00'
N 84° 53' 16" W
650'
640'
640'
PROPERTY LINE
650'
652'
654'
656'
658'
640'
638'
650'
660'
KITCHEN
DINING RM. LIVING RM.
OUTDR. DIN.
OUTDR. LOUNGE
PWDR. RM
MSTR. BATH MSTR. BED
OFFICE
MSTR. CLO.
HALL 1
ENTRY
DETACHED GARAGE
GUARDRAIL
TERRACE
TERRACE
MAIN LVL. 2,386 SF.
656.5'
656.5'
FIREPLACE
PIVOT DOOR
PIVOT DOOR
KITCHEN
ISLAND
12'-0"
5'-0"
BUTLERS
PANTRY
SINK 48"
REF.
48"
RANGE
CURBLESS
BENCH
SHOWER
FREE
STANDING
BATHTUB
WATER
CLO.
BBQ & COUNTER
PASS
THROUGH
WINDOW
656.5'
656.5'
FIRE PIT
ROOF
OVERHANG
ROOF
OVERHANG
ROOF OVERHANG
1 A3.1
2 A3.1
2 A3.0
1 A3.0
17'-6"
3 PANEL SLIDER, 2
OPERABLE, 1 FIXED
16'-4"
6'-1"
7'-4"
4'-4"
4'-6"
5'-0" 6'-0"
2'-10" 6'-10" 7'-8"
WINE DISPLAY
CAB.
25'-1" 1'-6"
14'-1" 25'-0"
EQ. 8'-0" EQ.
5 PANEL MULTI-SLIDE
POCKET DOOR
1'-9"
5'-0"
10'-0" 2'-1"
14'-6"
19'-10"
8'-9"
8'-0"
5'-2"
PLANTER
PATH PLANTER
13'-7"
6'-1"
11'-3"
12'-11"
6'-11" 5'-6" 3'-1"
PATH
LIGHTING, TYP.
EXTERIOR
LIGHTING, TYP.
EXTERIOR
LIGHTING, TYP.
PATH LIGHTING, TYP. POOL
COPING
4'-1" DN. 19R @ 7 5/8" T:11"
6'-2"
38'-4"
13'-0"
42"
GUARDRAIL
POOL
COPING
POOL RETAINING
WALL
POOL
593 SF. INCL. COPING & WALLS
POOL RETAINING
WALL
656.5'
656.5'
656.4'
27'-0"
656.5'
5'-6"
SITE WALL
PLANTER PLANTER
PLANTED AREA
PLANTED AREA
PLANTED AREA BELOW
F.F. ELEV. 656.50'
2 A3.1
2 2
EXTERIOR
LIGHTING, TYP.
655 656.2' .6'
657.1'
655.0'
2 13'-2"
655.0'
651.5'
651.5'
655.6'
657.3'
655.8'
656.3'
656.0'
656.3' 656.3'
655.8' 651.3'
655.8'
656.5'
660.5'
651.0'
643.5' 643.0'
655.8'
656.4'
PLANTER
5'-0"
656.0'
651.0'
PLANTER
PLANTER
PLANTER
638.0'
DN. 19 R @ 7 5/8" T:11"
32'-11"
DATE: ISSUE:
6.23.22 DESIGN REVIEW MAIN LEVEL FLOOR PLAN
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MAIN LEVEL FLOOR PLAN
3/16"=1'-0"
1 PROJECT
NORTH
SEE A2.3 FOR GARAGE DRAWINGS
Agenda Item #8.4:
650'
630'
640'
650'
652'
640'
638'
650'
PLAYRM.
CURBLESS
SHOWER
BENCH
BENCH
W D
MAIN LEVEL
ABOVE
LOWER LVL. 2,741 SF.
F.F. ELEV. 644.50'
CLO.
CLO.
CLO. OPEN
SHELVING
11'-2"
5'-6"
7'-0"
11'-9"
16'-0"
18'-7"
16'-6"
9'-1"
13'-3" 2'-0"
8'-1"
25'-11" 5'-0" 13'-0"
5'-4"
16'-1"
4'-11"
13'-3"
5'-8"
6'-4" 3'-4"
13'-3"
2'-3"
11'-5"
13'-0"
49'-4"
17'-1"
644.5' 644.5'
PLANTING
AREA
EXTERIOR
LIGHTING, TYP.
UP
19R @ 7 5/8"T:11"
DN.
FLOOR AREA ADDED TO
LOWER LVL. & MAIN LVL.
644.5' 644.5'
LANDINGS
DN
644.25' .
WINE DISPLAY
UP
DN.
MAIN LVL. ABOVE
POOL RETAINING
WALLS
POOL COPING
ELEVATION: 656.40'
14'-8" 7'-4"
5'-6" 16'-6"
1 A3.1
2 A3.1
2 A3.0
2 A3.1
2 643.5' 643.0'
638.0'
644.25'
644.5'
TYP.
LANDINGS
644.25'
TYP.
5'-1"
MECH.
LAUNDRY RM.
MEDIA RM.
HALL 2
WET BAR
BEDRM.1 BEDRM.2
BEDRM. 3 BEDRM. 4
BATH. 1
BATH. 2
BATH. 4
BATH. 3
DATE: ISSUE:
6.23.22 DESIGN REVIEW LOWER LEVEL FLOOR PLAN
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LOWER & GYM LEVELS FLOOR PLAN
3/16"=1'-0"
1 PROJECT
NORTH
Agenda Item #8.4:
DATE: ISSUE:
6.23.22 DESIGN REVIEW ROOF PLAN
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ROOF PLAN
3/16"=1'-0"
1 100.00'
N 84° 53' 16" W
650'
640'
PROPERTY LINE
650'
652'
654'
656'
658'
640'
638'
650'
660'
4'-0"
4'-0"
2'-0"
2'-0"
MAIN LEVEL
FOOTPRINT
MAIN LEVEL
FOOTPRINT
2'-6"
MSTR. BEDRM. TERRACE
POOL
4'-0"
5'-0"
5'-0"
1/4 : 12
GARAGE
FOOTPRINT
4'-0"
OVERHANG
4'-0"
2'-0"
PATH
PATH
PATH
PLANTER
PLANTER
PLANTER
PLANTER
MAIN TERRACE
FIREPLACE
CHIMNEY
SHROUD
3/4"/FT
SLOPE:
3/4"/FT
SLOPE:
DRIVEWAY
OVERHANG
CLASS 'A'
ROOFING
CLASS 'A' ROOFING
2 A3.1
PLANTER
PLANTER
PROJECT
NORTH
SEE 2/A2.3 FOR
GARAAGE ROOF
PLAN
Agenda Item #8.4:
8'-0"
9'-0"
SOUTH ELEVATION
STEEL
POST
FROSTED GLASS
PANELS @
GARAGE DOOR
(E) GRADE
(N) DRIVEWAY
WOOD SIDING, TYP.
PAINTED METAL
SHINGLE MOLD, TYP. T.O. EAVE
667'-9"
GARAGE LVL. F.F.
657'-6"
T.O. PLATE
666'-6"
1'-0" 1'-3"
10'-2"
9'-0"
MAIN LVL. F.F.
656'-6" 2
2 661.70'
RETAINING
WALL
657.25'
657.25'
663.0'
RETAINING
WALL BEYOND
2 EXTERIOR
LIGHTING TYP.
DATE: ISSUE:
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GARAGE FLOOR PLAN
3/16"=1'-0"
1 DETACHED GARAGE
1 A3.0
2 A3.1
539 SF.
ROOF
OVERHANG
3 A2.3
4 A2.3
5 A2.3
6 A2.3
2'-2"
3'-0"
20'-7"
EXTERIOR
LIGHTING, TYP. 3'-0"
15'-5"
24'-6"
22'-0"
658.25'
658.25'
657.5'
STEEL POST
PROPERTY LINE
DRIVEWAY FIRE & ACCESS
PROJECT
NORTH
GARAGE ROOF PLAN
3/16"=1'-0"
2 4'-0"
5'-0"
5'-0"
2'-0"
1/4 : 12
GARAGE
FOOTPRINT
DRIVEWAY
OVERHANG
CLASS 'A'
ROOFING
DRIVEWAY FIRE & ACCESS
PROJECT
NORTH
PROPOSED EAST ELEVATION
3/16"=1'-0"
6 8'-0"
9'-0"
8'-0"
EAST ELEVATION
STEEL POST
FROSTED GLASS
PANELS @ GARAGE
DOOR
NATURAL
GRADE
DRIVEWAY
WOOD SOFFIT, TYP.
T.O. EAVE
667'-9"
GARAGE LVL. F.F.
657'-6"
T.O. PLATE
666'-6"
1'-0" 1'-3"
10'-2"
9'-0"
MAIN LVL. F.F.
656'-6" 2
2 657.6'
664.6'
HOT ROLLED
STEEL
CORNER TRIM
ACCESS ROAD
RETAINING
WALL
RETAINING
WALL BEYOND
2 NORTH ELEVATION
T.O. EAVE
667'-9"
GARAGE LVL. F.F.
657'-6"
T.O. PLATE
666'-6"
1'-0" 1'-3"
10'-2"
9'-0"
MAIN LVL. F.F.
656'-6" 2
664.6' 2
GARAGE
SLAB
666.0'
(E) GRADE
PROPOSED NORTH ELEVATION
3/16"=1'-0"
5 PROPOSED SOUTH ELEVATION
3/16"=1'-0"
3 WEST ELEVATION
DRIVEWAY
T.O. EAVE
667'-9"
GARAGE LVL. F.F.
657'-6"
T.O. PLATE
666'-6"
1'-0" 1'-3"
10'-2"
9'-0"
MAIN LVL. F.F.
656'-6" 2
2 663.0'
(E) GRADE
657.6'
2 5'-0"
PROPOSED WEST ELEVATION
3/16"=1'-0"
4 Agenda Item #8.4:
DATE: ISSUE:
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LOWERED STRUCTURE NORTH ELEVATION
3/16"=1'-0"
1 MAIN LVL. F.F.
656.50'
LOWER LVL. F.F.
644.50'
12'-0"
GREAT RM. PLATE HT.
668.50'
T.O. EAVE
670.50'
12'-0"
26'-0"
2 2
2 WOOD SOFFIT, TYP.
CHIMNEY
NATURAL
GRADE
POOL OUTLINE
GUARDRAIL:
WOOD CAP, STEEL
POSTS + STEEL
BARS, TYP.
METAL FASCIA, PAINTED, TYP. EXTERIOR
LIGHTING, TYP.
3'-6"
10'-0"
9'-6"
2'-0" 7'-6"
ACCESS ROAD IN
FOREGROUND
2 A3.1
(N) PLANTERS
2 GUARDRAIL
WOOD CAP, STEEL
POSTS + STEEL
BARS, TYP.
WOOD
SOFFIT, TYP.
CHIMNEY METAL
SHROUD
9'-10"
MAIN LVL. F.F.
656.50'
LOWER LVL. F.F.
644.50'
12'-0"
GREAT RM. PLATE HT.
668.50'
T.O. EAVE
670.50'
12'-0"
26'-0"
2 2
2 STONE
VENEER, TYP.
638.0'
GRADE
EXTERIOR
LIGHTING, TYP.
644.0'
642.0'
30'-0" ABOVE FINISHED
GRADE @ STAIR WALL
DRIVEWAY
GRADE @
STAIR WALL
654.0'
3'-6"
MASTER BEDRM
BEYOND
ENTRY BEYOND
2 3/4"/FT
SLOPE:
(N) PLANTER, 5'-0"
MAX. ABOVE
GRADE, TYP. 2
STAIRS, RELOCATED
638.0'
634.0'
636.0'
648.0'
646.0'
652.0'
650.0'
POOL OUTLINE
25'-9"
10'-0"
640.0'
28'-10"
5'-0"
LOWERED STRUCTURE EAST ELEVATION
3/16"=1'-0"
3 LOWERED STRUCTURE WEST ELEVATION
3/16"=1'-0"
2 MAIN LVL. F.F.
656.50'
LOWER LVL. F.F.
644.50'
12'-0"
GREAT RM. PLATE HT.
668.50'
T.O. EAVE
670.50'
12'-0"
26'-0"
2 2
2 CHIMNEY
METAL SHROUD
30 FT ABOVE
FINISHED
GRADE
646.0'
GUARDRAIL
WOOD CAP, STEEL
POSTS + STEEL
BARS, TYP.
STONE
VENEER, TYP.
24'-0"
WOOD SOFFIT, TYP.
648.0'
650.0'
652.0'
656.0'
DRIVEWAY
(N) PLANTER, 5'-0"
MAX. ABOVE
GRADE, TYP.
9'-6"
6'-0"
LANDING & STEP
TO GRADE
12'-8"
2 644.0'
ENTRY
BEYOND 3/4"/FT
SLOPE:
METAL FASCIA, PAINTED, TYP.
654.0'
643.5'
12'-3"
2'-0"
9'-6"
10'-1"
Agenda Item #8.4:
DATE: ISSUE:
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MAIN LVL. F.F.
656.50'
LOWER LVL. F.F.
644.50'
12'-0"
GREAT RM. PLATE HT.
668.50'
T.O. EAVE
670.50'
12'-0"
26'-0"
2 2
2 METAL FASCIA, PAINTED, TYP.
GUARDRAIL:
WOOD CAP, STEEL POSTS +
STEEL BARS, TYP.
WOOD SOFFIT, TYP.
9'-6"
2'-6"
8'-0"
9'-6"
2'-6"
6'-0" 3'-6"
9'-6"
3'-6"
8'-0"
4'-6" 3'-6"
CHIMNEY
GUARDRAIL
BEYOND
1'-7"
EXISTING
GRADE
STONE VENEER, TYP.
26'-7"
STONE VENEER, TYP.
2'-6"
9'-6"
10'-0"
3'-6"
12'-0"
EXTERIOR
LIGHTING, TYP.
644.0'
642.0'
640.0' 640.0'
2 A3.1
STAIR LANDING
28'-11"
2 POOL OUTLINE
5'-0"
638.0'
636.0'
(E) GRADE
2'-1"
LANDING &
STEPS TO GRADE
MAIN LVL. F.F.
656.50'
LOWER LVL. F.F.
644.50'
12'-0"
GREAT RM. PLATE HT.
668.50'
T.O. EAVE
670.50'
12'-0"
26'-0"
2 2
2 DRIVEWAY /
FIRE ACCESS RD. EL. 657.91'
30'-0" ABOVE
NATURAL GRADE
MSTR. BEDRM. &
BATH BEYOND GREAT RM. &
STAIR ROOF
T.O. EAVE
LOWERED BY
3.67'
2024 - HEIGHT &
FOOTPRINT REDUCTION
CHANGE
12'-0"
SECTION @ KITCHEN &
MEDIA RM. 12'-0"
MEDIA RM.
KITCHEN
10'-0"
SOUTH WALL
LOWERED HEIGHT
BUILDING
LOWERED BY 2.0'
MAIN LEVEL MAX. PLATE HEIGHT
LOWERED
OVERLAP
AREA
17'-6"
12'-7"
TERRRACE
GREAT RM. PLATE
HEIGHT LOWERED
LENGTH OF OVERLAP
3/4"/FT
SLOPE:
LOWERED STRUCTURE NORTH ELEVATION
3/16"=1'-0"
1 SECTION @ LARGEST OVERLAP AREA
3/16"=1'-0"
2 Agenda Item #8.4:
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Agenda Item #8.4:
Agenda Item #8.4:
Agenda Item #8.4:
Agenda Item #8.4:
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Agenda Item #8.4:
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‘ PJC&Associates, Inc.
Consulting Engineers 81Geologists
March 4, 2025 Job No. S1199.01
Edmond Routhier
281 Second Street East
Sonoma, CA 95476
Subject: Geotechnical Plan Review & Update Letter
Proposed Lot 228 Residence
0 Brazil Street
APN: 018-051-015
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 13, prepared by Moll Design + Consulting, dated January 21, 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 5H:1V, the fill should 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 - 600 Martin Ave, Ste 2 l0, Rohnen‘ Park, CA 94928 0 707-584—4804- Fax 707-584—481i Sonomd Branch - 19449RiversideDrive, Ste 240, Sonoma, CA 95476 0 707—935-37470 Fax 707-935—3587 Agenda Item #8.4:
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 &Asso iates, Inc.
/a . art'
e nical Engineer
2 50, California
Agenda Item #8.4:
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 #8.4:
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 #8.4:
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 #8.4:
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 #8.4:
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 #8.4:
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 #8.4:
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 #8.4:
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 #8.4:
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 #8.4:
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 #8.4:
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
Agenda Item #8.4:
. _ 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 #8.4:
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2014\02\3000221.1
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (“Agreement”), dated as of the date all parties sign this Agreement (the “Effective Date”) is entered into by and among the City of Sonoma (“City”), Sonoma City Council (“City Council”), (collectively, “Respondents” or “City”); California Renters Legal Advocacy and Education Fund (“California Renters”) San Francisco Bay Area Renters Federation (“SF BARF”), Sonja Trauss (“Trauss”), Victoria Fierce (“Fierce”), 227 Brazil Development LLC (“227 Brazil”), 228 Brazil Development LLC (“228 Brazil”) and N. William Jasper, Jr., individually and as Trustee of the N.W. Jasper Jr. 2004 Irrevocable Trust (“Jasper”) (collectively, “Petitioners”). Each of the Petitioners and Respondents are individually referred to herein as a "Party," and collectively referred to as the "Parties."
RECITALS
A. Petitioners and Respondents are parties to an action pending in Sonoma County Superior Court entitled California Renters Legal Advocacy and Education Fund, et al. v. City of Sonoma, et al., Sonoma County Superior Court case no. SCV 26216 (the “Action”).
B. On or about August 15, 2016, Jasper submitted to the City applications for use permits to construct homes to be located at 149 Fourth Street East and 228 Brazil Street in the City of Sonoma. (the “149 Fourth Street East Application” and the “228 Brazil Street Application.”) On or about April 4, 2017, Jasper submitted revised applications for the homes to be located at 149 Fourth Street East and 228 Brazil Street, and an application for a use permit to construct a home to be located at 227 Brazil Street in the City of Sonoma (the “227 Brazil Street Application.”) The 149 Fourth Street East Application, 228 Brazil Street Application and 227 Brazil Street Application are referred to collectively herein as “the Applications.”149 Fourth Street East, 227 Brazil Street and 227 Brazil Street are collectively referred to herein as “the Sites.”
C. On August 10, 2017 and September 14, 2017, the City Planning Commission approved the Applications. Appeals of the Planning Commission approvals were subsequently filed by members of the public. On May 30, 2018, the City Council upheld the appeals, adopting Resolution No. 31-2018, in which the City denied the Applications.
D. On June 29, 2018, Petitioners filed the Action, challenging the City’s denial of the Applications. On August 1, 2019, the Court sustained the City’s Demurrer with leave to amend to the First and Second Causes of Action pleaded in the Action. Thereafter, on September 4, 2019, Petitioners filed a First Amended Complaint in the Action. On January 2, 2020, the Court sustained the City’s Demurrer without leave to amend to the First, Second and Third Causes of Action in the First Amended Complaint.
E. Jasper now desires to submit for approval by the City a revised application for a use permit to construct a home to be located at the 149 Fourth Street East site, APN 018-051-014- 000 (aka Lot 2.) 227 Brazil Development LLC desires to submit for approval a revised application for a use permit to construct a home to be located at the 227 Brazil Street site, APN 018-051-016-000 (aka Lot 4.) 228 Brazil Development LLC desires to submit for approval a Agenda Item #8.4:
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revised application for a use permit to construct a home to be located at the 228 Brazil Street site, APN 018-051-015-000 (aka Lot 3) (collectively, the “Revised Applications”). Jasper, 227 Brazil Development LLC, 228 Brazil Development LLC, and their successors and assigns are collectively referred to as “the Applicants.” The Revised Applications are described in Section 7, below.
F. By this Agreement, the intent of the Parties is to enter into a full and complete release and settlement of all claims related to or arising out of the Action, the Applications, the Revised Applications, and the Sites, under the terms and conditions set forth herein.
Now therefore, with reference to the foregoing recitals, which are incorporated into this Agreement, and for good and valuable consideration, sufficiency of which is hereby acknowledged, the Parties agree as follows:
TERMS AND CONDITIONS
1. Joint Request for Stay
The Parties agree that, within seven business days after the Effective Date, the Parties shall jointly submit a request to the Sonoma Superior Court to stay the Action pending a decision by the City Council on the Revised Applications.
2. Dismissal of Action
Respondents are under no obligation to begin processing the Revised Applications until after the Settlement Agreement is signed by all Parties. If the Revised Applications are approved by the City Council, and no Objection Notice is timely delivered pursuant to Section 4(B), below, Petitioners shall file and serve a Request for Dismissal of the entire Action with prejudice within seven business days after the City Council’s final decision on the Revised Applications.
3. City Discretion
All Parties acknowledge that nothing in this Agreement obligates the City to exercise its discretion regarding the Revised Applications in any particular manner; that the City may not commit to planning approvals by contract; and that the City makes no representation regarding its ability or willingness to approve the Revised Applications. The City Council will consider the Revised Applications at one or more duly noticed public hearings.
4. Petitioners’ Waiver and Release
A. Provided that no Objection Notice is timely delivered pursuant to Section 4(B), below, immediately upon the City’s final approval of the Revised Applications at a duly noticed public hearing, Petitioners, and each of them, as well as their representatives, bona fide purchasers, members, officers, directors, managers, employees, agents, contractors, affiliates, successors, assigns, creditors, heirs, executors, and administrators, will and shall be deemed to release, waive all claims against and forever discharge the City and City Council, and each of their members, officers, managers, Agenda Item #8.4:
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employees, agents, contractors, affiliates, successors, assigns, creditors, attorneys, heirs, executors, and administrators, from any and all claims for damages, equitable relief, actions for a writ of mandate, demands, causes of action, damages, liabilities, and obligations, of whatever description or nature, arising out of, directly or indirectly, or relating in any manner to the following, whether individually or collectively: the Action, the Applications, the Revised Applications, including but not limited to any claims for compensation, indemnity, entitlements, reversionary interests, severance damages, special damages, inverse condemnation damages, interest, litigation expenses, attorneys' fees, and costs, whether now known or unknown, and whether now existing or later arising.
B. If the Revised Applications are denied, denied in part, or approved with conditions unacceptable to one or more of the Applicants, the stay may be lifted and the Action may be revived. If the City Council denies or denies in part the Revised Applications, or approves them with conditions unacceptable to one or more of the Applicants, within seven calendar days of the Council rendering its final decision, the dissatisfied Applicant(s) shall deliver a written notice (the “Objection Notice”) to the other Parties describing the reasons for dissatisfaction and stating that the dissatisfied Applicant intends to request the Sonoma Superior Court to lift the stay. Within seven calendar days of receiving the Objection Notice, any Party may submit a request to lift the stay to the Sonoma Superior Court. A Party's failure to (i) timely deliver an Objection Notice and/or (ii) request to the Sonoma Superior Court that the stay be lifted within said seven calendar days shall constitute a waiver of that Party's right to revive the Action.
C. If the stay is lifted, the Action will resume with the Parties' rights, causes of action and defenses intact and as they were immediately prior to the stay, except that Petitioners agree that they will not further amend the Petition on file in the Action. The Parties agree that no part of the administrative record for the Revised Applications, including but not limited to the review process for the Revised Applications, will become part of the administrative record prepared in the Action or will be introduced into evidence in the Action.
D. Regardless of the outcome of the processing of the Revised Applications and the City Council’s decision rendered in connection therewith, Petitioners, and each of them, as well as their representatives, bona fide purchasers, members, officers, directors, managers, employees, agents, contractors, affiliates, successors, assigns, creditors, heirs, executors, and administrators, will and shall be deemed to release, waive all claims against and forever discharge the City and City Council, and each of their members, officers, managers, employees, agents, contractors, affiliates, successors, assigns, creditors, attorneys, heirs, executors, and administrators, from any and all claims for damages, equitable relief, actions for a writ of mandate, demands, causes of action, damages, liabilities, and obligations, of whatever description or nature, arising out of, directly or indirectly, or relating in any manner to the following, whether individually or collectively: the Revised Applications, including but not limited to any claims for compensation, equitable relief, declaratory relief, and writ relief, indemnity, entitlements, reversionary interests, severance damages, special damages, inverse condemnation damages, interest, litigation expenses, attorneys' fees, and costs, whether now known or unknown, and whether now existing or later arising.
Agenda Item #8.4:
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5. Civil Code Section 1542
The Parties intend this Agreement to be and to constitute a full general release and to constitute a full and final accord and satisfaction extending to all claims arising out of or relating to the following, whether individually or collectively: the Action, the Applications, and the Revised Applications, whether the same are known, unknown, suspected, anticipated, unsuspected, or unanticipated. Accordingly, Petitioners, by signing this Agreement, agree and warrant that each of them it has read, understood, and expressly releases and waives the provisions of California Civil Code Section 1542, which reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE, AND THAT IF
KNOWN BY HIM OR HER WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.
6. Revised Application Submittal Process
The Applicants shall submit all of the complete Revised Applications without undue delay.
Within 30 days of receiving all of what the Applicants contend are the complete Revised Applications, the City shall provide to Petitioners written comments regarding whether each of the Revised Applications is complete. The plan submittal (and review for completeness) process for the Revised Applications, including all documentation required, shall otherwise be consistent with the City’s usual practices and the Permit Streamlining Act.
7. Content of the Revised Applications
Applicants agree to submit a Revised Application for no more than 5000 square feet of lot pad grading each for the 227 Brazil Street Site and the 228 Brazil Street Site, and no more than 11,000 square feet of lot pad grading for the 149 Fourth Street East Site. None of the buildings located on any of the three Sites will have second stories (but may be tiered, consistent with the Applications). All buildings on the three Sites will be stepped down the hillside. Any pools will be included in the calculation of lot pad grading. For purposes of this Agreement, “Lot Pad Grading” means the aggregate of all graded areas on each Site: the ground-floor building area, terraces, decks, patios, pools, paved/graded uncovered parking areas, and graded yards, but excluding drives, planters, and walkways.
The Applicants will work collaboratively with staff on redesign. The Revised Applications will be heard and decided only by the City Council.
8. Environmental Consultant Review and Recommendation
The City will use best efforts to hire an environmental consultant within 45 days after the Effective Date. The City shall solicit proposals from at least three environmental consultants to examine the environmental impacts of the projects proposed in the Revised Applications. Any Agenda Item #8.4:
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comments about a proposed environmental consultant from the Applicants shall be provided to the City’s Planning Director within 14 calendar days after receipt by the Applicants of the consultants’ proposals. The decision about which consultant to select shall be made by the City.
The City will require each consultant to include a “not to exceed” costs/fee ceiling in his/her/its proposal.
The environmental consultant will determine whether any existing expert or other reports and documentation may be used in connection with environmental review of the Revised Applications. The City shall follow its usual practices regarding contacts with the consultant. No City Council member shall attempt to influence the consultant’s determination prior to the consultant presenting such determination.
9. Cost of Review
The Applicants will fully reimburse the City for all reasonable and customary staff time, consultants and legal costs incurred in the environmental, Revised Applications and building permit review process. The Applicants agree to enter the City’s cost recovery agreement and pay to the City an initial, replenishable deposit prior to the environmental or any other consultant performing any work on the Revised Applications. The amount of the deposit shall be the combined total of the “not to exceed” estimate in the selected environmental consultant’s proposal, together with a reasonable estimate of City staff and legal costs.
10. Consideration of Revised Applications
The City as the lead agency will determine the appropriate level of environmental review of the Revised Applications. The three Revised Applications shall be considered one “project” for purposes of environmental review. The City will follow all statutory and other CEQA Guidelines and other required timeframes for the circulation and public review of any and all environmental documents related to the Revised Applications. The City Council will consider the Revised Applications at one or more duly noticed public hearings. The City will use best efforts to schedule the hearing on the Revised Applications at the first available City Council meeting, after the expiration of all required public circulation and comments periods.
11. Building Permits
Applicants shall pay all applicable building department, building permit fees and all reasonable staff and other city expense incurred as part of the building permit review process.. The City will process and issue all building permits according to state and local law, and will provide first plan review comments within 30 days of submittal of complete building plans. Applicants will submit any revised building plans within 30 days of receiving plan review comments. City will provide comments on revised plans within 20 days of receipt of revised plans, and Applicants will provide further revisions within 20 days of receipt of the City’s comments.
12. Indemnification
Mr. Jasper agrees to personally defend (with counsel reasonably acceptable to the City), indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions (“indemnitees”) from any claim, action or proceeding brought against any of the Agenda Item #8.4:
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indemnitees, the purpose of which is to attack, set aside, void or annul the approval of the Revised Applications or adoption of any environmental document which accompanies any of them. This indemnification shall include, but not be limited to, damages, costs, expenses, liabilities of any sort, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the Petitioners, third parties and/or the indemnitees, arising out of or in connection with the approval of the Revised Applications, whether or not there is concurrent, passive or active negligence on the part of the indemnitees. This indemnification shall also include, but not be limited to, costs, expenses, and attorney fees or expert witness fees awarded against indemnitees arising out of or in connection with the approval of the Revised Applications, whether or not there is concurrent, passive or active negligence on the part of the indemnitees. Once third-party litigation is filed, upon request by the City, Mr. Jasper will provide to the City within 20 days of such request, a replenishable deposit of $50,000 towards the City’s reasonably anticipated litigation fees and costs.
Nothing in this Settlement Agreement shall prohibit the City from participating in the defense of any such claim, action or proceeding. In the event that the Applicant is required to defend the indemnitees in connection with any said claim, action or proceeding, the City shall retain the right to (i) approve the counsel to so defend the indemnitees, (ii) approve all significant decisions concerning the matter in which the defense is conducted, and (iii) approve any and all settlements, which approvals shall not be unreasonably withheld by the City.
The City shall also have the right not to participate in its defense, except that the City agrees to cooperate with the Applicants in the defense of any such claim, action or proceeding. If the City chooses to have counsel of its own defend any such claim, action or proceeding where the Applicant 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 City; provided, however, that the fees and costs incurred by the City Attorney in defending such claim, action or proceeding shall be reimbursed (within 30 days of Applicants’ receipt of an invoice therefor) to the City by Applicants under any and all circumstances.
The Applicants also agree to so indemnify the indemnitees for all costs incurred in additional investigation or study, or for supplementing, redrafting, revising or amending any document (e.g., the CEQA document approved for the Revised Applications) if such is made necessary by the claim, action or proceeding and if the Applicants desire approvals from the City which are conditioned on the approval of such documents.
The conditions of approval pertinent to the Revised Applications shall include the above-stated indemnification provision or a provision substantially similar to same.
In the event the City must initiate proceedings to enforce the indemnification obligations stated in this paragraph, Applicants shall indemnify the City for the City’s costs, fees and expenses incurred in any such proceeding.
13. Code of Civil Procedure Section 664.6
The Parties agree that this Settlement Agreement is enforceable pursuant to the terms of Code of Civil Procedure section 664.6.
Agenda Item #8.4:
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14. Contribution to Affordable Housing Trust Fund
The Applicants agree to make a $50,000 contribution to the City’s Affordable Housing Trust Fund within 95 days after issuance of any building permits pursuant to this Settlement Agreement, or, if the Applicants do not apply for any building permits pursuant to this Agreement, upon expiration of the deadline for applying for building permits, provided that no litigation is timely commenced challenging any approvals of the Revised Applications. If any challenge to the approvals of the Revised Applications is timely commenced, the contribution will be promptly refunded.
15. Evidence Code Section 1152
The terms of this Agreement are subject to Evidence Code section 1152, and shall not be admissible in the Action.
16. Further Action
In consideration of Respondents' satisfaction of their obligations under this Agreement, and upon approval of the Revised Applications, Petitioners will not pursue additional litigation against Respondents in any state or federal court or before any local, state, or federal agency, with respect to the matters alleged in the Action or arising out of or relating to the Action, the Applications, or the Revised Applications, except as provided in paragraph 4of this Settlement Agreement.
17. Attorneys' Fees
The Parties mutually waive all claims for attorneys’ fees and costs related to or arising out of the Action, except that should any Party institute any action or proceeding to enforce any provision of this Agreement, or for damages by reason of any alleged breach of this Agreement, or for a declaration of such Party's rights or obligations under this Agreement, or for any other remedy sought for breach of this Agreement, the prevailing Party in such action or proceeding shall be entitled to recover from the losing Party all costs and expenses incurred in any such action or proceeding, including but not limited to its reasonable attorneys' fees. Civil Code Section 1717 shall govern the definition of "Prevailing Party."
18. No Admission of Liability
Nothing contained herein shall be construed as an admission or acknowledgment of any fact, legal issue, claim or defense on the part of any Party; any such interpretation of this Agreement is hereby expressly disclaimed.
19. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. Signatures provided by facsimile or electronic image shall have the same force and effect as original signatures.
Agenda Item #8.4:
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20. Notices
All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered, faxed, emailed or mailed to the respective Party as follows:
If to City: Attn: City Manager
City of Sonoma
Sonoma Plaza
1 The Plaza
Sonoma, CA 95476
Email address: [email protected]
FAX no.: 707-938-2259
_
With Copies to: Jeffrey Walter, Sonoma City Attorney
City of Sonoma
670 W. Napa Street, Suite F
Sonoma, CA 95476
Email address: [email protected]
FAX no.: 707- 996 9603
Dolores Bastian Dalton
Goldfarb & Lipman LLP
1300 Clay Street, Eleventh Floor
Oakland, CA 94612
Email address: [email protected]
FAX no.:510-836-6336
If to Petitioners: Ryan J. Patterson
ZACKS, FREEDMAN &
PATTERSON, PC
235 Montgomery Street, Suite 400
San Francisco, CA 94104
Email address: [email protected]
FAX no.: 415-288-9755
N. William Jasper, Jr.
80 2nd Street East
Sonoma, CA 95476
Email address: [email protected]
Any Party may change the address stated herein by giving notice in writing to the other Parties, and thereafter notices shall be addressed and transmitted to the new address. Notices shall be deemed delivered when they are (i) personally delivered or (ii) sent if by FAX or email; and shall be deemed delivered three days after posting if mailed using the United States postal service.
Agenda Item #8.4:
-9- 2014\02\3000221.1
21. Headings
The heading titles for each section of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.
22. Severability
If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this section shall not be applied to the extent that it would result in a frustration of the Parties’ intent under this Agreement.
23. Waivers
Except as otherwise specified herein, waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
24. Each Party’s Role in Drafting the Agreement
Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement.
Accordingly, neither party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement.
25. Governing Law; Venue
This Agreement shall be governed by the laws of the State of California. Any suit, claim or legal proceeding of any kind related to this Agreement shall be heard and filed in a court of competent jurisdiction in the County of Sonoma.
26. Integration and Modifications
This Agreement contains all the representations and the entire agreement and understanding among the Parties with respect to the subject matter hereof, and supersedes all prior understandings, agreements (whether written, verbal, implied or otherwise) and communications with respect thereto. None of the terms hereof shall be amended, waived, or otherwise modified except pursuant to a written instrument duly executed by the Parties.
27. No Third Party Beneficiaries
Nothing in this Agreement, whether express or implied, is intended (i) to confer any rights, benefits or remedies under or by reason of this Agreement on any person or entity other than the Parties and their respective successors and permitted assigns, (ii) to relieve, terminate or discharge any obligation or liability of any person or entity not a party to this Agreement to any Party hereto, or (iii) to give any third person or entity any right of subrogation or action against any party.
Agenda Item #8.4:
-10- 2014\02\3000221.1
28. Cooperation in Challenge to Settlement Agreement
The Parties shall mutually cooperate with each other in any litigation, administrative action, or other proceeding brought by a third party or parties challenging this Agreement.
29. Binding on Successors
This Agreement shall be binding upon and shall inure to the benefit of the Parties and the Parties’ successors, administrators, managers, assigns, and employees, and shall be binding upon and shall inure to the benefit of the Parties’ officers and agents acting in their official capacity.
30. Authority to Enter into Agreement
Each Party covenants and represents that it is fully authorized to enter into this Agreement and to carry out the obligations provided for herein. Each signatory to this Agreement represents and covenants that he or she possesses the necessary capacity and authority to sign and enter into this Agreement and to bind the Party on whose behalf he or she is a signatory.
Agenda Item #8.4:
"QSJM
David A. Kiff
Interim City Manager
April 14, 2021
Agenda Item #8.4:
Agenda Item #8.4:
IN WITNE,SS WHEREOF, the Parlies do hereby agree to the full performance of the terms set forth herein.
CITY OF SONOMA, a municipal corporation;
and SONOMA CITY COUNCIL
By:
Name:
Title:
Dated:
APPROVED AS TO FORM:
Dated:
Dolores Bastian Dalton,
Attorney for the City of Sonoma and Sonoma
City Council
By:
Dated:
SAN FRANCISCO BAY AREA RENTERS
FEDERATION
CALIFORNIA RENTERS LEGAL
ADVOCACY AND EDUCATION FUND
VICTORIA FIE,RCE
Dated:
Sonja Trauss
Its: Founder
SONJA TRAUSS
Dated:
2014\02\3000221.1
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Agenda Item #8.4:
Agenda Item #8.4:
Agenda Item #8.4:
227 BRAZIL DEVELOPMENT LLC
By: N. William Jaspeq Jr.
Its: Managing Member
Dated:
N. WILLIAM JASPER, JR., individually
Dated:
APPROVED AS TO FORM:
Attorney for California Renters Legal
Advocacy and Education Fund, San Francisco
Bay Area Renters Federation, Victoria Fierce,
Sonja Trauss,227 Brazil Developnnent LLC,
228Brazil Development LLC and N. William
Jasper, Jr.
228 BRAZIL DEVELOPMENT LLC
By: N. William Jasper, Jr.
Its: Managing Member
Dated:
-'-
N. WILLIAM JASPER, JR, as Trustee of the
N.W. JASPER JR. 2OO4IRREVOCABLE
TRUST
Dated:
20 14\02\300022 1 . t
-t2-
Agenda Item #8.4:
Thomas Tunny
[email protected]
May 20, 2026
Delivered Via Email
Sonoma City Council
No. 1 The Plaza
Sonoma, CA 95476
Re: 149 Fourth St. East, Lot 227 Brazil St., and Lot 228 Brazil St.
Use Permit and Design Review
City Council Meeting May 20, 2026
Our File No: 11562.02
Dear Mayor Wellander and Members of the City Council:
This firm represents the William Jasper Trust, 227 Brazil Development LLC, and 228 Brazil Development LLC (collectively, the “4th and Brazil Owner”), which own 149 Fourth St.
East, Lot 227 Brazil St., and Lot 228 Brazil St. (the “4th and Brazil Properties”), respectively. As you know, the 4th and Brazil Owner has submitted applications for Use Permit and Design Review approvals of a single-family home and accessory structures on each of the 4th and Brazil Properties (the “Project”). The City Council is considering the Project for approval on May 20, 2026. For all of the following reasons, we respectfully request that the City Council approve the Project as proposed.
I. BRIEF PROJECT DESCRIPTION AND BACKGROUND
The proposed Project derives from a Settlement Agreement entered into by the City and the 4th and Brazil Owner in 2021, which Settlement Agreement resolved a legal challenge of the City denial of the original version of the proposed Project. The Settlement Agreement set forth the parties’ agreement to certain revisions of the original project, which revisions resulted in the proposed Project. The 4th and Brazil Owner submitted applications for the proposed Project in late 2023.
The Project properties are located above the intersection of 4th Street and Brazil Street, on the slopes of Schoeken Hill in the foothills of the Mayacamas Mountain range. The three properties comprise a total area of approximately 7.5 acres. Except for a City well and water tank on 228 Brazil Street, the Project area is largely undeveloped and supports open grassland, oak woodlands, and rock outcroppings. An existing paved driveway at the western terminus of Brazil Street provides direct access to 149 4th Street East, while the other two properties do not have Agenda Item #8.4:
Sonoma City Council
May 20, 2026
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paved vehicle access to the interior of the lots. The proposed Project consists of one single-family home and accessory structures on each of the three properties.
II. THE PROJECT IS CONSISTENT WITH ALL APPLICABLE PLANNING AND ZONING
CONTROLS
All three properties have a General Plan designation of Hillside Residential and are zoned Residential Hillside (R-HS) with a Historic Overlay. The Hillside Residential land use designation is intended to preserve the City’s hillside backdrop, while allowing limited residential development in conjunction with agricultural uses. The designation allows a density of one residential unit per ten acres (excluding second units).
The R-HS zoning permits single-family homes and residential accessory structures, subject to approval of a Use Permit. The project also requires Design Review. Adjoining land uses include single-family homes on large parcels also zoned R-HS, as well as undeveloped properties to the north that are in unincorporated Sonoma County. The local context is defined by single-family residential uses, open spaces in the surrounding hillsides, and agricultural uses.
As set forth in the Staff Report, 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”) 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, such as the 4th and Brazil Properties.
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 uses. The proposed single-family dwellings and accessory structures are consistent with the R-HS zoning development standards and the City’s hillside development and design standards. The location, size, design, and operating characteristics are compatible with the existing and future land use in the vicinity.
The proposed uses will not impair the architectural integrity and character of the district as the area has a diversity of dwelling sizes, massing, and designs. The proposed Project protects the natural topography and utilizes a variety of setbacks, building heights, and forms to blend into the terrain. The Project's design and architecture comply with the applicable policies and regulations set forth in the Development Code.
Agenda Item #8.4:
Sonoma City Council
May 20, 2026
Z:\Shared\R&A\1156202\LTR-City Council Final.docx
III. THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES SECTION 15303
CEQA Guidelines Section 15303, also referred to as Class 3, provides that certain types of projects, including up to three single-family homes, have been determined to not have a significant effect on the environment and are thus categorically exempt from CEQA. Section 15303 provides as follows:
Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to:
(a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
…
(e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
…
(14 C.C.R. § 15303.)
The Project meets the requirements of Section 15303 because it proposes three singlefamily dwellings with accessory structures that are consistent with the City’s General Plan and Zoning District development controls and design regulations. The Project would be adequately served by all required utilities and public services.
IV. REQUESTED COUNCIL ACTION — STATE-MANDATED DEFENSIBLE SPACE TREE
REMOVALS
We respectfully request Council take action on a discrete matter at the May 20, 2026 hearing: the interaction between state-mandated defensible space requirements and the City's local tree replacement ordinance.
The Project sits within the Very High Fire Hazard Severity Zone (VHFHSZ) in the Local Responsibility Area. Government Code section 51182 and 14 C.C.R. section 1299 et seq. impose mandatory defensible space obligations on property owners in the VHFHSZ, including tree removals and canopy spacing requirements that will require the removal of trees from the site, as will be documented by the qualified Fire Protection Plan preparer required under the Sonoma Valley Fire District's Conditions of Approval. As the Fire District’s own Conditions of Approval Agenda Item #8.4:
Sonoma City Council
May 20, 2026
Z:\Shared\R&A\1156202\LTR-City Council Final.docx
confirm, these obligations apply by operation of state law regardless of municipal zoning or general plan designation, and the local fire authority has independent authority to enforce them.
Under Sonoma Municipal Code (SMC) section 12.08.035, however, every tree removal — including a state-mandated removal undertaken solely for compliance with the defensible space framework — triggers a 1:1 replacement requirement with a 15-gallon tree, or payment of a $700 per-tree in-lieu fee. Applied to state-mandated defensible space removals, this requirement would obligate the Applicants to plant new trees to replace the very fuel that the state legislature has determined must be removed for fire safety in the VHFHSZ. That outcome is in direct tension with the policy underlying Government Code section 51182, which the legislature enacted to compel fuel reduction in the wildland-urban interface following the 2017 and 2020 California wildfire seasons.
City Planning staff has confirmed in writing (May 18, 2026 correspondence to the Project applicants) that the tree removal permit process under SMC 12.08.035 is administratively waived for state-mandated defensible space removals. Staff has further indicated, however, that the 1:1 replacement requirement and in-lieu fee cannot be waived without Council action.
As such, we respectfully request Council direct staff to incorporate the following clarifying language into the Conditions of Approval prior to final adoption:
"Tree removals required by Government Code section 51182 and 14 C.C.R. section 1299 et seq. for state-mandated defensible space, as documented by the qualified Fire Protection Plan preparer, shall not be subject to the 1:1 replacement requirement or in-lieu fee under SMC section
12.08.035. Tree removals related to development of the Project shall remain subject to those provisions."
This request is narrow and limited to state-mandated removals. The Project applicants are not requesting any modification to the replacement obligations for development-related tree removals, which will remain subject to SMC section 12.08.035 as written. The Project applicants are committed to on-site replanting where feasible and consistent with the same canopy-spacing and WELO constraints that necessitated the underlying removal.
Agenda Item #8.4:
Sonoma City Council
May 20, 2026
Z:\Shared\R&A\1156202\LTR-City Council Final.docx
We respectfully request that this matter be considered and acted upon by Council at the May 20, 2026 hearing, and that the Council approve the Project as proposed.
Very truly yours,
REUBEN, JUNIUS & ROSE, LLP
Thomas Tunny
cc: David J. Ruderman, City Attorney
Jennifer Gates, Community Development Director
Agenda Item #8.4:
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).
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:
Agenda Item #8.4:
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 #8.4:
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 #8.4:
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.
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
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.
Agenda Item #8.4:
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 #8.4:
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 #8.4:
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 #8.4:
• 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 #8.4:
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 #8.4:
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.
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
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 #8.4:
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 #8.4:
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 #8.4:
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 #8.4:
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.
Agenda Item #8.4:
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 #8.4:
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 #8.4:
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.
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
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 #8.4:
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 #8.4:
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 #8.4: