d.g. dg. dg. The applicant/developer, owner, and any successor in interest, severally and The applicant/devel jointly, shall indemnifyjointly, shall indemnify thetheCitytheCity forfor City allfor all thealltheCity’s thejointly, shall indemnify City’s costs,City’s costs, fees,fees, costs, andand fees, damages and damages whichwhich thedamages thewhich the CityCity incurs Cityincurs ininenforcing the above indemnification provisions. inincurs enforcing the above indemnification provi e.h. eh. eh. If the applicant and/or owner is not a natural person, but is an entity, then the If the applicant and/ managing member,managing member, majoritymajority shareholder, majority managing member, shareholder, ororother or other principal shareholder, otherprincipal ofoftheoftheentity principal theentity shallshall entity bebeshall be personallypersonally liableliable forfor the entity’s obligations under these indemnification provisions. personally liable for the entity’s obligatio f.f.ii.f.i.UnlessUnless aashorter a Unless shorter limitationshorter limitation periodperiod applies, limitation period applies, thethetimetheapplies, time withintimewithin whichwithin which judicial which judicial reviewjudicial review ofofofreview thisthis decision must be sought is governed by California Code of Civil Procedure, this decision must be soug Section 1094.6.Section 1094.6.Section 1094.6.
g.j.g.j.The g.j. The conditions The conditions ofofproject of project conditions approval project approval setset forthsetapproval forth hereinforthherein includeherein include certaininclude certain fees,fees, ddication certain fees, dedication dedicatio requirements,requirements, reservation requirements, and other exactions, some of which may requirements, reservation requirem be subject to the Mitigation Fee Act (Government Code section 66000, et seq.). be subject to the Mitig Pursuant to Government Code section 66020, subdivision (d)(1), the conditions Pursuant to Governme constitute written notice of aconstitute written notice of a statementstatement ofoftheoftheamount of such thestatement constitute written notice of a amount of such fees andfees and aadescription a amount of such fees and description descr of dedications,of dedications, reservations,reservations, and other exactions. You are of dedications, reservations, and other exactions. You are hereby further notified hereby further notifieand other exac that the 90that the 90 -day approv -- that the 90 al period in which you may protest these fees, dedications, day approvday approv al period in which yo reservations, and other exactions pursuant to Governmentreservations, and other exactions pursuant CodeCode sectionCode section 66020,section 66020,66020, subdivisionsubdivision (a),(a), has(a), has begun. subdivision hasbegun. IfIfyou If you fail begun. fail you ttofail filetofileaaprotest filea protest within this 90 protestwithin this 90 -day period -- day period within this 90 day period complying with all of the requirements of Government Code sectioncomplying with all of the requireme66020, you will 66020, you will 66 be legally barred from later challenging such exactions.be legally barred from later challenging such ex See attached conditions from the Sonoma Fire District and Permit Sonoma (Sanitation)See attached co Agenda Item #8.4:
Thomas Tunny
[email protected]
May May May 202020, 2026, 2026, 2026
Delivered ViaDelivered Via EmailEmailDelivered Via Email Sonoma City CouncilSonoma City CouncilSonoma City Council No. 1 The PlazaNo. 1 The PlazaNo. 1 The Plaza
Sonoma, CA 95476Sonoma, CA 95476Sonoma, CA 95476
Re:Re:Re: 149 Fourth St. East, Lot 227 Brazil St., and Lot 228 Brazil St.149 Fourth St. East, Lot 227 Brazil St., Use Permit and Design ReviewUse Permit and Design ReviewUse Permit and Design Review City Council Meeting May 20, 2026City Council Meeting May 20, 2026City Council Meeting May 20 Our File No:Our File No ::11562.0211562.02 Our File No 11562.02 Dear Dear Dear Mayor Wellander and Members of the City Mayor Wellander and Council Members of the City Council ::: Mayor Wellander and Council Members of the City This firm represents the William William William Jasper Trust, Trust, Trust, 227 Brazil 227 Brazil 227 Brazil Development Development Development LLC, and 228 LLC, and 228 LLC, and 228 Brazil Development LLC (collectively, the “4Brazil Development LLC (collectively, the “4Brazil Development LLC (c thththand Brazil Owner”), which own and Brazil Owner”), which own and B East, Lot 227 Brazil St., and Lot 228 Brazil St.East, Lot 227 Brazil St., and Lot 228 Brazil St. (the “4(the “4(the “4 East, Lot 227 Brazil St., and ththth and Brazil Properties”), respectively. As and Brazil Properties”), you know, the 4you know, the 4you know, the 4 ththth and Brazil Owner has submitted applications for Use Permit and Design Review and Brazil Owner has su approvalapproval ssof a single s approval of a single -family home and accessory structures on each of the 4 -- of a single family home and accessory structures on each o ththth and Brazil Properties and Brazil Properties and
(the “Project”). The City Council is considering the Project for approval on May 20, 2026. For (the “Project”). The City Council is co(the “Project”). The City Council is co nsidering the Project for all of the following reasons, we respectfully request that the City Council approve the all of the following reasons, we reas as as proposedproposedproposed...
I.I.I. BRIEF BB RIEF PROJECT PP RIEF ROJECT DESCRIPTION AND DD ROJECT ESCRIPTION AND BACKGROUND BB ACKGROUND ESCRIPTION AND ACKGROUND The proposed Project derives from a Settlement Agreement entered into by the City and The proposed Project d the 4the 4the 4 thththand Brazil Ownerand Brazil Owner in 2021in 2021in 2021 and Brazil Owner , which Settlement Agreement resolved a legal challenge of the , which S City City denial of the original version of the proposed Project. The Settlement Agreement set forth City denial of the original ve the parties’the parties ’agreement to certain revisions of the original project, which ’ the parties agreement to certain revisions of the original pro proposed Project. The 4proposed Project. The 4proposed Project. The 4 ththth and Brazil Owner submitted applicationsand Brazil Owner submitted application sfor the proposed Project in s for the proposed Project in and Brazil Owner fo 2023.2023.2023.
The PThe roject PPThe properties are roject roject properties are located above the intersection of 4th Street and Brazil Street, on properties are located above the interse the slopes of Schoeken of Schoeken of Schoeken Hill in Hill in Hill in the foothills foothills foothills of the Mayacama Mayacama MayacamasssMountain range.Mountain range.Mountain range. T propertiesproperties comprise a total area of properties comprise a total area of comprise a total area of Except for a City well and water tank approximately 7.5 acres. Except for a City well anapproximately on 228 Brazil Street, the on 228 Brazil Street, the roject area is largely undeveloped and supports open grassland, oak on 228 Brazil Street, the PPP roject area is largely un woodlands, and rock outcroppings. An existing paved driveway at the western terminus of Brazil woodlands, and rock ou Street provides direct access to 149 4th Street East, while the other two properties do not have Street provides direct access to 149 4th Street East, whther two properties do n Agenda Item #8.4:
Sonoma City Council
May 20, 2026
Z:\Shared\R&A\1156202\LTR-City Council Final.docx
paved vehicle access to the interior of the lots. paved vehicle access to the interior of the lots. --family - paved vehicle access to the ifamily family home and accessory structures on each home and accessory structures on each propertpropert iesies . . iespropert . home and accessory structures on each of th II.II.II.THE TTHE PROJECT PPHE ROJECT IISISCS ONSISTENT WITH CCROJECT AONSISTENT WITH LL AALL APPLICABLE ALL A ONSISTENT WITH PPLICABLE PLANNING AND PP PPLICABLE LANNING AND ZONING ZZ ONING LANNING AND ONING
CONTROLS CC ONTROLS ONTROLS
All three properties have a General Plan designation of Hillside Residential and are zoned All three properties have Residential Hillside (R-Residential Hillside (R HS) with a Historic Overlay. -- Residential Hillside (R HS) with a Historic Overlay. The Hillside Residential land use designation HS) with a Historic Overlay. The Hillside Residential is intended to preserve the City’s hillside backdrop, while allowing limited residential development is intended to preserve th in conjunction with agricultural uses. The designation allows a density of one residential unit per in conjunction with agri ten acreten acreten acres (excluding second units). s (excluding second units). s (excluding second units).
The R-The R -HSzoning permits single - The R HS zoning permits single -family homes and residential accessory structures, subject -- HS zoning permits single family homes and reside to approval of a Use Permit. to approval of a Use Permit. The project also require TT she project also require sDesign Review. s to approval of a Use Permit. Design Review. Adjoining land uses include he project also require Design Review. Adjoining land uses inclu single-single -family homes on large parcels also zoned R - single -family homes on large parcels also zoned R -HS, as well as undeveloped properties to the - family homes on large parHS, as well as undevelo north that are in unincorporated Sonoma County. The north that are in unincorporated Sonoma County. The context is defined by singlecontext is defined by single --family - family family north that con residential uses, open spaces in the surrounding hillsides, and agricultural uses.residential uses, open spaces in the surroun As set forth in the Staff Report, Staff Report, Staff Report, the proposed Project PP is consistent consistent consistent with the with the with the goals and policies of the City of City of City of Sonoma 2020 General 2020 General 2020 General Plan, which encourages Plan, which encourages Plan, which encourages infill development. In development. In development. In addition, the Community Development Element (““CDE “ CDE ””) of ” CDE the General General General Plan recognizes recognizes recognizes that citizen approval of the Urban Growth Boundary (citizen approval of the Urban Growth Boundary ( ““UBG “ UBG ) reflects a commitment to focus growth UBG””” ) reflects a commitment citizen approval of the within within Cy limits to prevent urban sprawl into agriculturally and environmentally sensitive areas CC within ity limits to prevent urb surrounding surrounding surrounding the City. The CDE notes that the UGB is also intended to concentrate intended to concentrate intended to concentrate future residential, commercial, and industrial growth in areas already served residential, commercial, and industrial growth in a, such as , such as , such as the 4th and Brazil Properties.the 4th and Brazil Properties .. the 4th and Brazil Properties The proposed The proposed roject is consistent with the R The proposed PP-roject is consistent with the R P-HS zoning - HS zoning as it is intended for hillside areas HS zoning roject is consistent with the R ,,, as it is intended for hillsi of the City that are suitable for very-of the City that are suitable for very -low density single - -low density single -family residential uses. - of the City that are suitable for very low density single family residential uses. The proposed The proposed family residentThe prop single-single -family dwelling - single sfamily dwelling sand accessory structures s family dwelling arend accessory structures are consistent with the R are -consistent with the R and accessory structures -HS zoning development - consistent with the R HS zoning development standards astandards and the a nd the Ciy’s standards nd the Ciy’s hllside development and design standards. The location, size, design, and City’s hillside development and operating characteristics are operating characteristics areare compatible with the existing and future land use in the vicinity. operating characteristics compatible with the ex The proposed useThe proposed use sswill not impair the architectural integrity and character of the s The proposed use will not impair the architectural intdistrictdistrict as as as district the area has a diversity of dwelling the area has the area has a diversity of dwelling sizesize s, massing s size , massing ,and design , a diversity of dwelling , massing sand design s..s. The p roposed P and design The pThe p rojectposed P protects roject roposed P roject proects the the the protects natural topography and utiliznatural topography and utiliz esesa variety of setbacks es a variety of setbacks , building heights, and forms to blend into the , , natural topography and utiliz a variety of setbacks building heights, and for terrain. The terrain. The roject's design and architecture comply with the applicable policies and regulations terrain. The PPP roject's design and archi set forth in the Development Code.set forth in the Development Code.set forth in the Development Code.
Agenda Item #8.4:
Sonoma City Council
May 20, 2026
Z:\Shared\R&A\1156202\LTR-City Council Final.docx
III.III.III. THE TTHE PPHE ROJECT P ROJECT IIS IS S CCATEGORICALLY ROJECT C ATEGORICALLY EXEMPT EE FROMATEGORICALLY THE CALIFORNIA CC ALIFORNIA ALIFORNIA ENVIRONMENTAL EE NVIRONMENTAL QQUALITY Q UALITY AACT ACT (“CEQA”) NVIRONMENTAL UALITY CT (“CEQA”) PURSUANT TO PP (“CEQA”) CEQA URSUNT TO CEQA GGUIDELINES GURSUANT TO CEQAUIDELINES UIDELINES SECTION SS ECTION 1530315303 ECTION 15303
CEQA Guidelines Section 15303 CEQA Guidelines Section 15303 CEQA Guidelines Section 15303provides that certain , also referred to as Class 3, provides that certain types of ,also referred to as Class types of types of prvides tha projects, including up to three single projectsprojects -, including up to three single family homes, -- family homes, have been determined to not have a significant , including up to three single family homes, have been determined to effect on the environment and are thus categorically exempt from CEQA. effect on the environment and are thus categoricSection 15303 provides Section 15303 provides as follows:as follows:as follows:
Class 3 consists of construction and location of limited numbers of new, Class 3 consists of construction and l small facilities facilities facilities or structures; or structures; or structures; installation installation installation of small new small new small new equipment and equipment and equipment and facilities in small structures; and the conversion of existing small structures facilities in small structures; and the con from one use to another where ofrom one use to another where ofrom one use to another where only minor mo exterior of the structure. The numbers of structures described in this section exterior of the structure. The numbers o are the maximum allowable on any legal parcel. Examples of this exemption are the maximum allowable on any lega include but are not limited to:include but are not limited to:include but are not limited to:
(a) One single-(a) One single -family residence, or a second dwelling unit in a residential - (a) One single family residence, or a second dwelling zone. In urbanized areas, up to three single--family - residences may be constructed or converted under this exemption.constructed or converted under this exemption.constructed or conve ………
(e) Accessory (appurtenant) structures including garages, carports, patios, (e) Accessory (appurtenant) structures swimming pools, and fencesswimming pools, and fences ... swimming pools, and fences ………
((14 C ( .14 C ..C...CR.14 C .C.RR§ 15303§ 15303§ 15303.).).) The ProjectThe Project meets the requirements of The Project meets the requirements of Section 15303 because it meets the requirements of Section 15303 because it three singlethree single --- Section 15303 becauthree single family dwellings with accessory structures that are consistent with the City’s family dwellings with accessory structures that aCity’s General Plan City’s General Plan General Plan Zoning ZZ oning Dstrict oning District development controls and design regulations. District development controls and design regulations. developme served by all required utilities and public services.served by all required utilities and public services .. served by all required u IV.IV.IV. REQUESTED RR EQUESTED COUNCIL CC OUNCIL AEQUESTED CTION AA OUNCIL CTION ——STATE S—SCTION -TATE -M- MANDATED TATE M ANDATED DEFENSIBLE DD ANDATED EFENSIBLE SPACE SS PACE TREE TTEFENSIBLE PACE REE REE
REMOVALS RR EMOVALSEMOVALS
We respectfully We respectfully We respectfully request request request Council Council Council take action take action take action on a discrete a discrete a discrete matter at the May the May the May 20, 2026 hearing: the interaction between state-hearing: the interaction between state -mandated defensible space requirements and the City's local - hearing: the interaction between state mandated defensible spa tree replacement ordinance.tree replacement ordinance.tree replacement ordinance.
The Project sits within the Very High Fire Hazard Severity Zone (VHFHSZ) in the Local The Project sits within t Responsibility Area. Government Code section 51182 and 14 C.C.R. section 1299 et seq Responsibility Area. Government Code . impose et seqet seq. impose . impose mandatory mandatory mandatory defensible defensible defensible space obligations obligations obligations on property owners on property owners on property owners in the VHFHSZ, including VHFHSZ, including VHFHSZ, including tree removals and canopy spacing requirements that will require the removal of trees from the site, as removals and canopy sp will be documented by the qualified Fire Protection Plan preparer required under the Sonoma will be documented by the qualified Fire Protection Plaarer required under the Valley Fire District's Conditions of Approval. As the Valley Fire District's Conditions of Approval. As the Valley Fire D Agenda Item #8.4:
Sonoma City Council
May 20, 2026
Z:\Shared\R&A\1156202\LTR-City Council Final.docx
confirm, these confirm, these confirm, these obligations obligations obligations apply by operation of apply by operation of apply by operation of state law regardless regardless regardless of municipal municipal municipal zoning or zoning or zoning or general plan designation, and the local fire authority has independent authority to enforce them.general plan designation, a Under Sonoma Municipal CodeUnder Sonoma Municipal Code (SMC)(SMC) section 12.08.035, however, every tree removal (SMC) Under Sonoma Municipal Code —section 12.08.035, however—— including a stateincluding a state --mandated removal undertaken solely for compliance with the defensible space - including a state mandated removal unde framework —framework —— triggers a 1:1 replacement requirement with a 15 framework --gallon tree, or payment of a $700 - triggers a 1:1 replacement requirement with a 15 gallon tree, or payment trigg perper --tree in - per -tree in -lieu - fee. lieutree in fee. lieu Applied to state fee. -Applied to state mandated defensible space removals, this requirement would -- Applied to state mandated defensible spa obligate the Applicants to plant new trees to replace the very fuel that the state legislature has obligate the Applicants determined must be removed for fire safetydetermined must be removed for fire safety in the VHFHSZ. in the VHFHSZ. That outcome is in direct tension in the VHFHSZ. determined must be removed for That outcome is in dire with the with the with the policy underlying Government policy underlying Government policy underlying Government Code section 51182, which the section 51182, which the section 51182, which the legislature legislature legislature enacted enacted enacted to compel fuel reduction in the wildlandcompel fuel reduction in the wildland urban interface following the 2017 and 2020 California compel fuel reduction in the wildland urban interface followin--- wildfire seasons.wildfire seasons.wildfire seasons.
City City Planning staff has confirmed in writing (May 18, 2026 correspondence to the PP City lanning staff has confirmed in w aapplicants) that the tree removal permit process under SMC 12.08.035 is administratively waived a pplicants) that the tree re for state-for state mandated defensible space removals. -- for state mandated defensible space removals. Staff has further indicated, however, that the 1:1 mandated defensible space removalsStaff has further indicat replacement requirement and in-replacement requirement and in lieu fee cannot be waived without Council action. -- replacement requirement and in lieu fee cannot be waived without Coun As such, weAs such, we respectfully request Council direct staff to incorporate the following clarifying As such, we respectfully request Cou language into the Conditions of Approval prior to final adoption:language into the Conditions of Approval prior to final ad "Tree removals required by Government Code section 51182 and 14 C."Tree removals required by Government C..C...CR..C.Rsection 1299 R section 1299 section 129 et seq. for state et seqet seq-. for state mandated defensible space, as documented by the qualified Fire Protection Plan -- . for state mandated defensible sp preparer, shall not be subject to the 1:1 replacement requirement or in-preparer, shall not be subject to the 1:1 replacement rlieu fee under SMC section -- lieu fee under SMC sect
12.08.035. Tree 12.08.035. Tree 12.08.035. Tree removals removals removals related related related to development to development to development of the Project Project Project shall remain subject to those provisions."provisions."provisions."
This request is narrow and limited to stateThis request is narrow and limited to state -mandated removals. The -- mandated removals. The Project aProject aThis request is narrow and limProject amandated removals. pplicants are pplican not requesting any modification to requesting any modification to requesting any modification to the replacement replacement replacement obligations obligations obligations for development development development-related -- tree removals, which will remain subject to SMC section removals, which will remain subject to SMC 12.08.035 as written. section section 12.08.035 as written. The Project a The The Project a removals, which will remain sub12.08.035 as written. Project applicants pplican are committed to onare committed to on site replanting where feasible and consistent with the same canopy are committed to on--- -site replanting where feasible and -spacing - spacing spacing and WELO constraints that necessitated the underlying removal.and WELO constraints that necessitated the underlying re Agenda Item #8.4:
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 We respectfully request May 20, 2026 hearingMay 20, 2026 hearingapprove the Project as proposed. May 20, 2026 hearing, and that the Council approve the Project as proposed. , and that the Council approve the P, and that th Very truly yours, Very truly yours, Very truly yours,
REUBEN, JUNIUS & ROSE, LLPREUBEN, JUNIUS & ROSE, L
Thomas Tunny Thomas Tunny Thomas Tunny
cc: David J. Ruderman, City Attorney cc:cc: David J. Ruderman, City Attorney David J. Ruderman, City Attorney Jennifer Jennifer Jennifer Gates, Community Development Director Gates, Community Development Director Gat Agenda Item #8.4: