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HomeMy WebLinkAboutPLANNING COMMISSION RESOLUTION 2025-02 07/22/2025 PLANNING COMMISSION RESOLUTION NO. 2025-02 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PETALUMA APPROVING SITE PLAN AND ARCHITECTURAL REVIEW , A TREE REMOVAL PERMIT, AND A LOT LINE ADJUSTMENT FOR THE SID COMMONS APARTMENT PROJECT LOCATED AT 18 BERNICE COURT AND 0 GRAYLAWN AVENUE ; APNS 019-010-006, -007, -008, and -009; CITY RECORD NUMBER: PLPJ-2024-0007 (PLSR-2024-0010) WHEREAS, on February 12, 2020, J Cyril Johnson Investment Corp (herein “Applicant”) applied to the City of Petaluma for Site Plan and Architectural Review (SPAR), Tree Removal Permit, and Tentative Subdivision Map (which was later replaced with a Lot Line Adjustment application) for development of the Sid Commons Apartments Project consisting of 180 apartments in eight three-story buildings, three two-story buildings, a one-story clubhouse, carports, reconstructing a public playground, and on- and off- site improvements, including the removal of six protected trees, terracing the bank of the Petaluma River, and adjusting the property lines to create the 18.7-acre Project site in (herein “Project”); and WHEREAS, Site Plan and Architectural Review, Tree Removal Permits, and Lot Line Adjustment applications are discretionary Planning entitlements subject to review and approval by the Planning Commission pursuant to Implementing Zoning Ordinance (IZO) Section 24.050 , IZO Section 17.060, and CA Government Code Section 66412(d), respectively; and WHEREAS, Planning entitlements subject to discretionary action require environmental review under the California Environmental Quality Act (CEQA); and WHEREAS, prior to filing SPAR, Tree Removal Permit and Lot Line Adjustment applications for the Project, in 2003, J Cyril Johnson Investment Corp submitted applications to amend the zoning of the site from Oak Creek Apartments Planned Unit District (Oak Creek PUD) to R4 and to amend the Oak Creek PUD standards as they pertain to the Project site to facilitate the development of the Project site with 312 apartment units, followed by the first major revision to the project reducing the unit count to 278 units, then a second major revision was submitted reducing the unit count to 205 apartments, and a final and third major revision was submitted reducing the unit count to 180 apartments, among other revisions to the Project; and WHEREAS, the Sid Commons Apartment Project along with the zoning map amendment and Oak Creek Apartment PUD standards amendments were fully analyzed in the Sid Commons Apartment Project Environmental Impact Report (EIR) (SCH #2007072041), certified by the City Council via adoption of Resolution No. 2020-021 N.C.S. on February 3, 2020, and is subject to the Mitigation Monitoring and Reporting Program (MMRP) contained therein; and WHEREAS, neighbors opposing the Project filed a petition for a writ of mandate challenging the adequacy of the FEIR on several grounds including analysis of special status species and emergency evacuation and on November 14, 2022, the Court of Appeal issued its decision upholding the City’s certification of the EIR finding that the petitioners did not meet their burden of proving the inadequacy of the EIR and the certified EIR was found to be legally adequate by the Trial Court and affirmed by the Court of Appeal; and WHEREAS, the EIR provides the CEQA findings required for the Planning Commission to review Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Planning Commission Resolution No. 2025-02 Page 2 of 9 and act on the Site Plan and Architectural Review, Tree Removal Permit, and Lot Line Adjustment application and the Project under consideration is within the range of Project alternatives considered in the EIR and has fewer units, less floor area, and is set back farther from the Petaluma River than the Project analyzed in the certified Final EIR and therefore will have fewer impacts ; and WHEREAS, public notice of the July 22, 2025, Planning Commission hearing was prepared in compliance with IZO Section 24.100 and was published in the Petaluma Argus -Courier, mailed to residents and occupants within 1,000 feet of the Project site, and onsite signage was posted on or before July 12, 2025, in compliance with State and local law; and WHEREAS, at its July 22, 2025, meeting, the Planning Commission held a duly noticed public hearing to consider the Project, at which time all interested parties had the opportunity to be heard, and the Planning Commission considered the Staff Report dated July 22, 2025, and all public testimony provided prior to and at the public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PETALUMA AS FOLLOWS: I. The foregoing recitals are true and correct and incorporated herein by reference. II. Based on the staff report, staff presentation, comments received, and the public hearing, the Planning Commission makes the following findings based on substantial evidence in the record: A. California Environmental Quality Act (CEQA). The Planning Commission finds: 1. That the Sid Commons Apartment Project Final EIR (SCH #2007072041), inclusive of the Draft EIR, Final EIR, references, appendices, and all attachments thereto were prepared and completed in compliance with the requirements of CEQA Guidelines Section 15132. 2. That the Final EIR, certified by the City Council, along with the Findings of Fact regarding potentially significant effects of the Project, and the Mitigation Monitoring and Reporting Program, are adequate for the purpose of considering SPAR and addressing this action as part of the Final EIR’s scope. 3. That the minor changes to the Project which include an approximately 14,756-square foot decrease in the aggregate building size, change in the mix of unit types, realigning the multi-use trail to be located farther from the Petaluma River, and relocation of the bioretention areas to be located outside of the 100-year floodplain further reduce Project impacts and are consistent with the certified EIR. B. General Plan. General Plan Land Use Designation Map consistency finding The Project, for reasons discussed in the July 22, 2025, Planning Commission staff report, is consistent with the following General Plan principles and policies: 1. The project is consistent with Policy 1-P-1 because it introduces a medium-density residential development within the Urban Growth Boundary (UGB), at a density within the allowed range for the Medium Density Residential land use category, serving the community’s housing needs. 2. The project furthers Policy 1-P-2 by efficiently using land through infill development at a density comparable to adjacent residential uses, utilizing a site within an existing Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Planning Commission Resolution No. 2025-02 Page 3 of 9 neighborhood while preserving open space along the Petaluma River. 3. The project is consistent with Policy 1-P-3 because it preserves the overall scale and character of the adjacent residential neighborhood. Two-story building elements are located adjacent to existing single-family homes to provide an appropriate transition, and the architecture and design are characteristic of medium-density development. 4. The project is consistent with Policy 1-P-14 as it includes extensive landscaping, preserves 84 existing mature trees, and plants 272 new trees throughout the site and along the riverfront. Onsite parking, two access points, and enhanced pedestrian and bicycle connections—including a sidewalk extension, multi-use trail, and traffic- calming features—provide an effective transition between existing low-density and proposed medium-density uses. 5. The project is consistent with Policies 1-P-40 through 1-P-46, which govern development along the Petaluma River Corridor, because it preserves and enhances the river corridor through creation of flood terraces, restoration of riparian habitat, setbacks exceeding the required buffer, and dedication of the river corridor to the City. The project includes a multi-use public trail, access points, a dog park, and a playground along the river, providing a publicly accessible greenway while preserving ecological diversity. 6. The project is consistent with Policy 1-P-48, as it connects to existing water, sewer, and stormwater infrastructure with sufficient capacity. Stormwater management is designed in compliance with regional guidelines and includes bioretention and treatment facilities. 7. The project is consistent with Policy 1-P-49, as it preserves and enhances the city’s tree inventory, planting over 20 times the number of protected trees removed, and protecting all remaining high-priority oaks. 8. The project is consistent with Policies 2-P-8, 2-P-37, 2-P-39, 2-P-57, 2-P-59, as it fosters connections to the river from surrounding areas, implements the Petaluma River Access and Enhancement Plan, restores riparian and oak habitats, provides public trails and open space, and orients buildings and activities toward the river. 9. The project is consistent with Policy 4-P-2 and 4-P-3, as it avoids and mitigates impacts to sensitive habitats and special-status species through setbacks, habitat restoration, and mitigation measures, ensuring all impacts are reduced to less -than-significant levels. 10. The project is consistent with Policy 4-P-6, as it contributes to improved air quality by planting hundreds of trees and preserving vegetation along the river. 11. The project is consistent with Policies 4-P-19 and 4-P-21, as it incorporates rooftop solar to provide renewable energy, is all-electric, net-zero energy, and implements a Construction Phase Recycling Plan to reduce solid waste. 12. The project is consistent with Policies 5-P-20, 5-P-22, 5-P-23, 5-P-26, 5-P-28, 5-P-31, as it enhances pedestrian and bicycle connectivity to adjacent neighborhoods and the river, provides access through and along the site for pedestrians, bicycles, and emergency vehicles, and adds short- and long-term bicycle parking. 13. The project is consistent with Policy 7-P-27, as it is located outside of the mapped Wildland Urban Interface and has been reviewed for emergency preparedness, ensuring Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Planning Commission Resolution No. 2025-02 Page 4 of 9 no significant wildfire risk. 14. The project is consistent with Policies 8-P-28, 8-P-31, 8-P-33, 8-P-36, and 8-P-37, as it implements flood terraces and preserves floodplain capacity, ensuring no development occurs in areas with flood depths exceeding one foot, and utilizes stormwater measures to prevent any increase in runoff. C. 2023–2031 Housing Element. The Planning Commission finds that the project furthers the policies and programs of the Housing Element as follows: 1. The project is consistent with Policy 1.5, as it makes efficient use of medium-density residential land, proposing a density within the allowed range even after accommodating river buffer areas, and initially considering higher densities before responding to public and Council input. 2. The project furthers Policy 3.3, as it provides onsite affordable housing for nine low - income and nine moderate-income households, facilitating entry of lower- and moderate-income families into the housing market. 3. The project is consistent with Policy 6.4, as it integrates 18 affordable units and 54 accessible units into the development, dispersed throughout the site and consistent with the surrounding neighborhood. 4. The project furthers Program 4, as it makes efficient use of multi-family zoned land, providing 180 units at an appropriate density while preserving environmental resources and maintaining a compact development footprint. D. Implementing Zoning Ordinance The Planning Commission finds that the proposed uses are allowed by-right as permitted uses within the R4 zone, the Project, as presented and subject to conditions of approval complies with all applicable development standards of the R4 zone, including but not limited to, those pertaining to setbacks, height, lot coverage, usable open space, and residential density, the project provides at least 10% of the units for low and moderate income households consistent with the alternative compliance approved for the project by the City Council (City Council Resolution 2020-023), and the project provides automobile and bicycle parking in accordance with the requirements of the IZO. E. Site Plan and Architectural Review Findings. The Project complies with Implementing Zoning Ordinance §24.050 – Site Plan and Architectural Review, including the Standards for Review of Applications in Section 24.050.E, in that the Planning Commission finds as follows: 1. The project is consistent with IZO Section 24.050.E.1 because the building features and materials result in a project that includes quality materials that is harmonious and in proportion on this site, and in relation to the residential development adjacent to the project. As proposed, durable exterior finishes consist of horizontal siding and vertical batten and board accents and articulated rooflines with composition shingles. The proposed bulk and mass, and general site layout are complementary to the adj acent Oak Creek Apartments. Jogs in the building footprint help to reduce the apparent size and mass of the buildings, and the patterns and use of varied exterior finishes, door and window trim, and porches and balconies provide details reminiscent of the modern Farmhouse design style. The three apartment building types (17 -, 16-, and 14-Plex) would be differentiated through the application of three exterior color palettes Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Planning Commission Resolution No. 2025-02 Page 5 of 9 consisting of off-white, greys, and light blue. The building features and materials result in a project that includes quality materials that are harmonious and in proportion on this site, and in relation to the residential development adjacent to the project. The project is consistent with IZO Section 24.050.E.1.a because the architectural styles are appropriate for the project, and compatible with the character of the neighborhood. The neighborhood consists of modest ranch-style houses in the single-family neighborhood to the south and two-story apartments across the street to the east. Stucco with horizontal siding or board and batten accents are the predominant exterior finish materials for the single-family houses, and the two-story apartments are clad in T-111 plywood siding. The SMART railroad is along the project site’s west property lines beyond which there are vacant fields and the back of a mix of multi -family residential and commercial uses, including autobody and tire service shops, and an equipment rental yard, among other commercial uses. The Petaluma River and its riparian corridor form the northerly boundary of the project site. The project proposes modern Farmhouse architecture. The overall design focuses on simplicity, featuring neutral color palettes and design elements that include horizontal and vertical siding with board and batten accents, as well as a sparing use of wood posts and beams at the balconies and porches. Roofs have gable ends with simple shed roofs over balconies and porches. These design choices represent an updated yet compatible architecture for its surroundings. The design choices are appropriate in that they provide visual interest to the streetscape and complement the scale and design of the single-family residences in the neighborhoods to the south and the Oak Creek Apartments to the east. 2. The project is consistent with IZO Section 24.050.E.1.b because siting of the structures on the property is appropriate for the site and as compared to the siting of other structures in the neighborhood. The siting and orientation of apartment buildings on the property is appropriate for the site and compared to other structures in the neighborhood in that all buildings have greater setbacks from the street than the buildings in the Oak Creek Apartments and greater setbacks from the property line shared with the single-family houses adjacent to the project’s southerly edge. Building Nos. 3 and 4 are set back approximately 300 feet to 400 feet from the river and oriented over the riparian buffer zone along the river. Along Graylawn Avenue, Buildings Nos. 2 and 9, along with the carports at the southeasterly corner of the site, will be the most visible from off-site vantage points. Building No. 2 is setback approximately 40 feet from the curb at the north side of the cul-de-sac, and Building No. 9 fronts Graylawn Avenue, and at its closest point to the street, it is setback approximately 25 feet from the curb, and on average, it is setback approximately 32 feet from the curb. The carport closest to the street is set back about 28 feet from the curb. Across the street in the Oak Creek Apartment complex, four buildings front Graylawn Avenue, three of which are setback approximately 15 feet from the curb and the one is setback approximately 60 feet. Along the southerly property lines abutting the single -family residences to the south of Graylawn Avenue and Bernice Court, Building Nos. 10 and 11 are setback from the property line 47 feet and 64 feet, respectively, and the finish grade will be up to 12 lower than the grade elevation of the adjacent single-family houses. Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Planning Commission Resolution No. 2025-02 Page 6 of 9 Along the westerly property line abutting the SMART railroad, buildings are set back 43 feet (Building No. 11) to 62 feet (Building No. 7). 3. The project is consistent with IZO Section 24.050.E.1.c The size, location, design, color, number, lighting, and materials of all signs and outdoor advertising structures is in accordance with all applicable requirements of this Zoning Ordinance and appropriate for the site and compatible with the character of the neighborhood. No signage is proposed; a separate Sign Permit would be required if signage is proposed. The size, location, design, color, number, lighting, and materials of all signs and outdoor advertising structures will be considered if signs are proposed and when a sign permit application is submitted. 4. The project is consistent with IZO Section 24.050.E.1.d in that the bulk, height, and color of the proposed structures are appropriate in comparison to those of other structures in the neighborhood. Three-story elements of the 17-Plex buildings are sited away from the single-family residences to the south, and the bulk and mass of the buildings are broken into smaller elements with two -story elements at the ends of the buildings flanking the three-story element in the center, jogs in the building footprints, and vertical offsets. While the mass and height of the proposed buildings are slightly larger than those of the Oak Creek Apartments to the east, due to the larger setbacks than those on neighboring properties, the perceived bulk and height of the buildings will be appropriate for the site and comparable to the neighborhood. One apartment building (Building No. 9) will be along the street frontage and at its closest corner, it will be set back from the curb 25 feet (with an average setback of approximately 32 feet). Building No. 2 will be approximately 40 feet beyond the end of the cul-de-sac, with its narrow, two-story side facing the end of the street. All other buildings with a third -story element are toward the interior of the site, away from the existing single-family residences to the south and the apartments to the east. The color palette features neutral tones, off- white, and gray, which are subdued and modern, complementing the existing residential color schemes in the neighborhood, which are predominantly neutral and earth-tone shades. This restrained palette helps the proposed buildings blend with the surrounding development, further reducing visual prominence and reinforcing neighborhood compatibility. 5. The project is consistent with IZO Section 24.050.E.2 in that landscaping would be in accordance with applicable City standards, appropriate for the site, and compatible with the character or design of the neighborhood, in that proposed landscaping would include planting of 272 new trees, preservation of 84 existing trees, and the addition of native riparian vegetation along the river. The trees to be planted are low -water-use species with a few medium-water-use species and include a large number of California native trees. The proposed landscaping is compatible with similar development in the surrounding area, and only trees necessary to allow reasonable development of the site are proposed for removal. 6. The project is consistent with IZO Section 24.050.E.3 pedestrian access would be provided by a public sidewalk along the Graylawn Avenue frontage of the project site, along a walkway from the north end of the cul-de-sac to a new multi-use trail along the Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Planning Commission Resolution No. 2025-02 Page 7 of 9 river. Garages, carports, and open surface parking spaces would be provided at a ratio of 1.86 spaces per apartment. Two driveways are proposed along Graylawn Avenue, and an EVA with bicycle and pedestrian access would connect the project to Bernice Court. Long-term bicycle parking is available in a bike storage/parking room located in the clubhouse, as well as in three dispersed, secure areas under carports. 7. The project is consistent with IZO Section 24.050.E.4 in that the project was professionally designed by a CA-licensed architect, and the design is of good character as analyzed in the staff report. 8. The project is consistent with IZO Section 24.050.E.5 int that a Final Environmental Impact Report (EIR) was prepared for the Sid Commons project and certified by the City Council on February 3, 2020. It was subsequently challenged in court by neighbors opposed to the project. On November 14, 2022, the Court of Appeal issued its decision affirming the trial court’s decision to uphold the City’s certification of the EIR, finding that the petitioners did not meet their burden of proving the inadequacy of the EIR. The proposed project contains a slight 14,756 square foot reduction in the aggregate building size from 178,252 rentable square feet to 163,496 rentable square feet; the unit mix was modified, the alignment of the multi-use trail was modified to be located further from the Petaluma River corridor and bioretention areas were reconfigured to be located outside of the 100-year floodplain and portions of the treatment areas were moved closer to the development area. These refinements reduce the scale and intensity of physical development and result in a narrowed impact footprint compared to the previously analyzed project. As such, the scope of the project has been modified in a manner that would lessen, rather than exacerbate, the environmental impacts evaluated in the certified FEIR. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental environmental review is required because there are no substantial changes to the project or circumstances that would result in new significant impacts or a substantial increase in the severity of previously identified impacts . 9. The project is consistent with IZO Section 24.050.E.6 because the proposed structures and use, subject to any conditions which may apply, conforms with the applicable requirements of the Zoning Ordinance and applicable policies and programs of the City’s General Plan and any applicable specific plan, and the proposed use will not, under the circumstances of this application, constitute a nuisance or be detrimental to the public welfare of the community. In addition, the proposed land use of new dwellings is allowed by right, and the layout and design of the new dwellings will not constitute a nuisance or be detrimental to the public welfare of the community as they conform with the applicable requirements of the Implementing Zoning Ordinance and applicable policies and programs of the Petaluma General Plan. F. Tree Removal Findings. The Planning Commission finds that the project is designed to avoid removal of protected trees within the riparian corridor and from the main development area of the site; however, one coast redwood, one coast live oak, and four valley oak trees would need to be removed to accommodate the proposed Project. With a minor shift in the location of two parking stalls in a carport and some adjustments to the grade, Tree No. 200 could potentially be saved. According to the Arborist Report, T ree #200 is a multi-trunk coast live oak with an aggregate trunk diameter of 51 inches in Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Planning Commission Resolution No. 2025-02 Page 8 of 9 good/excellent health and with good structural integrity. As a condition of project approval, the applicant shall explore design options to preserve Tree No. 200. Trimming, thinning, or other treatment is not an option to avoid removal of the other five trees on the site. Mitigation trees would be planted in accordance with IZO Section 17.065. G. Lot Line Adjustment Findings. The Planning Commission finds that the parcels resulting from the lot line adjustment will conform to the Petaluma General Plan and zoning and building ordinances in that the resulting parcels will maintain the minimum lot size required by the General Plan and the minimum lot size, dimensions, and building setbacks required by the R4 zone. Based on its review of the entire record herein, including the July 22, 2025, Planning Commission staff report, all supporting, referenced, and incorporated documents and all comments received and foregoing findings, the Planning Commission hereby approves Site Plan and Architectural Review for the Sid Commons Apartment Project, located at 18 Bernice Court/0 Graylawn Avenue, subject to the conditions of approval attached hereto as Exhibit A, for the project depicted in Exhibits B, C, and D. Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Planning Commission Resolution No. 2025-02 Page 9 of 9 ADOPTED this 22nd day of July 2025, by following vote: Commission Member Aye No Absent Abstain Ebner X Goldman X Mozes X Newell X Racusen X Schildt X Barnacle X Jessica Mozes, Chair ATTEST: APPROVED AS TO FORM: Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 7/30/2025 7/30/2025 8/4/2025 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 1 Site Plan and Architectural Review (SPAR) Conditions Of Approval Adopted by the Planning Commission July 22, 2025 Sid Commons Apartment Project 18 Bernice Court and 0 Graylawn Avenue City Record Number PLPJ-2024-0011 (PLSR-2024-0010) To be satisfied prior to the submission of any demolition, grading or building permit. 1. Plans shall be in substantial conformance with the adopted Mitigation Monitoring and Reporting Program1, these conditions of approval, and the architectural, civil, and landscaping plans approved by the Planning Commission on July 22, 2025, except as modified by these conditions of approval. A determination of substantial conformance shall be made in writing by the Planning Manager during the plan check review process. Nothing shall preclude the Planning Manager from referring a substantial conformance determination to the Planning Commission for review at a publicly-noticed meeting. 2. All SPAR Conditions of Approval contained herein and the Mitigation Monitoring and Reporting Program shall be printed on the second sheet of each plan set on pages of the same size as those sheets submitted for any demolition, grading or building permit submitted to the City, under the title ‘SPAR Conditions of Approval & Mitigation Monitoring and Reporting Program’. Additional sheets may also be used if the second sheet is not of sufficient size. 3. Compliance with Conditions and Environmental Mitigations. The developer is responsible for providing sufficient evidence to demonstrate compliance with the requirements of these Conditions and Environmental Mitigations throughout the implementation of the uses and construction authorized by this approval. Final Occupancy will be subject to verification of compliance with all conditions and the Mitigation Monitoring and Reporting Program. 4. The applicant shall provide an electronic copy of final/approved plans in PDF format that reflects the project submitted to the Planning Commission, as well as any change(s) needed to reflect these conditions of approval. 5. All review costs related to the processing of this application shall be paid in full prior to the issuance of a building permit. 6. All development impact fees associated with the project shall be paid prior to final inspection or certificate of occupancy. 7. This approval is granted for and contingent upon construction of the project as a whole, in a single phase, with the construction and/or installation of all features approved and required herein. 8. The applicant shall defend, indemnify, and hold harmless the City and any of its boards, commissions, agents, officials, officers, and employees from any claim, action, or 1 The MMRP may be found starting on page 19 of this document. Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 2 proceeding against the City, its boards, commissions, agents, officials, officers, or employees to attack, set aside, void, or annul any of the approvals of the project, when such claim or action is brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the applicant of any such claim, action, or proceeding. The City shall coordinate and cooperate with applicants in the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding, and if the City chooses to do so, the applicant shall reimburse the City for reasonable attorneys’ fees incurred by the City. To be satisfied prior to issuance of any demolition, grading or building permit. 9. HVAC Noise Reduction. Prior to the issuance of building permits, the project applicant shall submit plans that show the location, type, and design of proposed heating, ventilation, and cooling (HVAC) equipment. In addition, the applicant shall provide product specification sheets or a report from a qualified acoustical consultant showing that operation of the proposed HVAC equipment will meet the City’s exterior noise requirements in IZO Section 21.040.A. The City shall review the submitted plans, including the selected HVAC equipment, to verify compliance with exterior noise standards. Consider options for exceeding required exterior noise performance standards by a reduction of 10 decibels and consider relocating HVAC units away from sidewalks and dwelling unit entries. 10. The project will always ensure that the required Public Access Easement is fully available to the public and is accessible via a public access easement along the project frontage on Graylawn Ave., extending beyond the cul-de-sac at the end of Graylawn Ave. to the new river trail, and along the full extent of the river trail on the Project site. 11. Applicant shall provide a soil analysis and evaluate opportunities to implement permeable surfaces and parking landscape reserves at locations throughout the project site. Results of analysis and economic and technical feasibility of implementation of permeable surfaces will be presented to Planning for review along with recommendations for updates to project plans. 12. The plans shall be revised so that no portion of the dog park encroaches into the river buffer. The size of the revised dog park shall be substantially the same as the dog park on the plans submitted for SPAR and the plans shall be subject to City review and approval. 13. The grading plans shall be revised so retaining walls at the base of the cut slope between Building Nos. 10 and 11 and along the EVA comply with the 3-foot retaining wall height limit of IZO Section 13.050. The revised plans shall be subject to City review and approval. 14. The plans shall be revised to indicate the northerly terminus of the six-foot wire fence along the westerly property line. The revised plans shall be subject to City review and approval. 15. The applicant shall explore the feasibility of preserving trees No. 200 and 39. Options to explore for keeping tree No. 200 may include modifying the grading plan to reduce Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 3 the amount of cut required around the tree, constructing a small retaining wall around the tree, and remove or relocate covered parking space(s) proposed closest to the tree. Options to explore for keeping tree No. 39 may include modifying the alignment of underground utilities, or other plan changes to preserve the tree. The Planning Manager shall make the final determination as to the disposition of the trees, and the applicant is responsible for either preserving the trees or demonstrating to the satisfaction of the Planning Manager that the trees cannot be preserved. 16. All plan references to Tree 44 will reflect that Tree 44 will be preserved as a protected tree. 17. The Landscape Plans shall be revised to document that the number of replacement trees included in the plan meets the replacement ratios of the IZO and of Mitigation Measure Bio-11B. 18. Tree No. 76 is an exotic species (eucalyptus) and undesirable near a rip arian setting. Per Mitigation Measure Bio-11A(b), the eucalyptus shall be removed. It is shown on the Landscape Plan (Sheet L-5.1) as an existing tree to remain. 19. The applicant will propose outdoor light fixture selection(s) for Planning Manager review and approval, subject to recommendation of the Project Planner. All outdoor lighting shall be hooded and shielded to prevent light spilling into the riparian corridor and off the project site and to comply with the Mitigation Measures Visual-4 and Bio- 7A. 20. The project includes 180 dwellings and is subject to the inclusionary housing requirements outlined in IZO Section 3.040, as modified through the Alternative Compliance approved by the City Council (Resolution 2020-023 N.C.S.). To comply, the project shall include nine dwellings affordable to low income (LI) households and nine dwellings affordable to very-low income (VLI) households for at least 55 years, in compliance with IZO Section 3.040.B.3.b and with City Council Resolution 2020-023 N.C.S. 21. The landscape plans submitted with the building permit application for construction of the new dwellings shall demonstrate that all above-grade utilities that are not attached to a dwelling are screened with plants, attractive fencing, or walls. When plants are provided, the layout and plant selection shall be made by a licensed landscape architect. When fences or walls are provided, the design shall match the design and materials of fences or walls approved under this permit. 22. The building permit plans submitted pursuant to this approval shall reflect that the dwellings will be all electric and that natural gas will not be provided, in accordance with the project description. Applicant will evaluate electric energy options for pool and spa heating so that the entire project is all electric. 23. New construction work in a flood hazard area must be permitted by a development permit and comply with the Petaluma Zoning Code Chapter 6 entitled FLOODWAY AND FLOOD PLAIN DISTRICTS as directed by the Floodplain Administrator. (See also condition No. 49) Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 4 24. Applicant shall consider color palette alternatives with a focus on reducing the amount highly reflective white color(s) adjacent to existing single-family development. Any proposed modifications to the color palette will be subject to review and approval by the Planning Manager. 25. In place of proposed vinyl windows, consider selection and installation of non-vinyl window options throughout the project. To be satisfied prior to issuance of any demolition, grading or building permit and throughout the duration of any demolition, grading or construction activity associated with an approved building permit. 26. Onsite Project Manager-Public Contact. The applicant shall include in all building permit plans and post onsite the name and telephone number of an individual empowered to manage construction-related complaints generated from the project. The individual’s name, telephone number, and responsibility for the project, and the allowable hours of construction, shall be posted at the project site for the duration of the project in a location easily visible to the public. The individual shall record all complaints received and actions taken in response, and submit written reports of such complaints and actions to the project planner on a weekly basis. 27. Construction Noise Management - Public Notice Required. At least two weeks prior to initiating any construction activities at the site, the applicant shall provide notice to businesses and residents within 500 feet of the project site. A copy of such notice and methodology for distributing the notice shall be provided in advance to the City for review and approval. This notice shall at a minimum provide the following: a) project description, b) description of construction activities during extended work hours and reason for extended hours, c) daily construction schedule (i.e., time of day) and expected duration (number of months), d) the name and phone number of the Project Liaison for the project that is responsible for responding to any local complaints, and e) that construction work is about to commence. 28. Construction Phases. The applicant shall provide the Planning Manager with a schedule of major construction phases with start dates and expected duration, a description of the activities and anticipated noise levels of each phase, and the name(s) and phone number(s) of the individual(s) directly supervising each phase. The Planning Manager or his/her designee shall have the authority to require an on-site meeting with these individuals as necessary to ensure compliance with these conditions. The applicant shall notify the Planning Manager of any changes to this schedule as soon as possible. 29. Construction Meeting. The applicant shall request an on-site meeting with City staff Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 5 and key parties involved in the early phases of construction (e.g., applicant, general contractor, foundation subcontractors) to review these conditions and the construction schedule. The general contractor or applicant shall ensure that all subcontractors involved in subsequent phases of construction are aware of the conditions of approval. 30. Construction Management Plan: A construction management plan shall be submitted for review and approval by the City prior to issuance of any demolition, building or grading permit. A copy of the approved Construction Management Plan shall be reproduced as a part of the plan set and included within the jobsite and office plan sets for any building permit issued for the site. The construction management plan shall include: a) Provisions for materials and equipment storage and staging on-site, unless otherwise approved. b) A traffic control plan to address on-site and off-site construction traffic. c) A screened security fence shall be placed and maintained around the perimeter of the project and removed immediately following construction work. d) Construction phasing and approximate timeline. e) Continued access for pedestrians to the existing public river trail and to adjoining residences. 31. Transportation Construction Plan. The applicant and all persons associated with the project are hereby notified that a Transportation Construction Plan (TCP) is required for all phases of construction, particularly for the following activities: a) Alterations, closures, or blockages to sidewalks, pedestrian paths or vehicle travel lanes (including bicycle lanes); b) Storage of building materials, dumpsters, debris anywhere in the public ROW; c) Provision of exclusive contractor parking on-street; or d) Significant truck activity. The applicant shall secure the City Traffic Engineer’s approval of this TCP. 32. At all times the site shall be kept cleared of garbage, debris, and outdoor storage. 33. Construction activities shall comply with performance standards specified in IZO Chapter 21 (Performance Standards). To be satisfied prior to final inspection or issuance of an occupancy permit. 34. All costs owed on the processing of this application shall be paid in full. 35. All review costs related to the review and monitoring of construction shall be paid prior Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 6 to final inspection or issuance of a Certificate of Occupancy. 36. All development impact fees associated with the project shall be paid prior to final inspection or certificate of occupancy. To be satisfied within 1 year after final inspection issuance of an occupancy permit. 37. All tree stakes and ties shall be removed within one year following installation or as soon as trees are able to stand erect without support. To be satisfied at all times. 38. No signage is approved by this permit. Separate sign permits in compliance with IZO Chapter 20 shall be obtained prior to the installation of any signage. 39. All light fixtures shall be hooded and downward cast. 40. All standpipes, check valves, and other utilities shall remain underground or be fully screened from view by decorative screening structures or landscaping. 41. Electrical transformer boxes and garbage enclosures shall remain screened with the landscaping, fencing or walls. 42. All plantings shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing, and regular watering. Whenever necessary, planting shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. Required irrigation systems shall be fully maintained in sound operating condition with heads periodically cleaned and replaced when missing to ensure continued regular watering of landscape areas, and the health and vitality of landscape materials. 43. Herbicides/pesticides shall not be applied in areas used by pedestrians/bicyclists within the project without first providing appropriate signs warning of the use of chemicals. The project shall utilize Best Management Practices (BMPs) regarding pesticide/herbicide use and as well as Integrated Pest Management techniques for the protection of bicyclists and pedestrians. Building Division 44. General Building. Proposed project will require building permit application and construction document approval in compliance with current California Building Standards Code in CCR Title 24 as adopted by the City of Petaluma. The Building Division reviews applications and plans in accordance with these and the City municipal code. The applicant will need to demonstrate compliance in the construction documents. Full plan submittal is required as applicable to project scope and requirements of CBC 107. Architectural, civil, structural, mechanical, electrical, and plumbing system drawings are to are to be prepared and signed by the state licensed professional responsible for their preparation. See City file preparations standards: Electronic File Preparation Standards - Petaluma (cityofpetaluma.org). Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 7 Building permit construction documents are to include occupancy classifications, design occupant load, general building area and height limitations, type of construction, and fire sprinkler provisions data for each building on the subject parcels. Each sep arate building and separate parcel must have a separate address and permit for construction. Include an Architectural Site Plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard are as, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. 45. Visitability and Universal Access The City of Petaluma has adopted a Universal Access and Visitability Ordinance effective April 20, 2022, applicable to new dwelling units. Universal Design will require 30% of the new dwellings, in developments of 5 or more, to have specified access features. Please review PMC Chapter 17.14 and revise drawings as needed to demonstrate compliance. 46. CalGreen. For the 2022 Building Standards Code cycle the City of Petaluma has adopted CalGreen at the Tier 1 level, with the exception Energy Efficiency, which is adopted at the mandatory level only. Current code adoption at time of building permit application will govern requirements. 47. Building Permits. Each separate building, structure, pool, and separate parcels must have a separate permit for construction. Permit application is to be made to the City Building Division of the Planning Department. Permit applications will require plans, review, and approval. See: https://cityofpetaluma.org/permit-process/ 48. Grading and Earthwork. Civil and grading plans shall demonstrate compliance with CBC Appendix J for construction. Construction plans shall indicate how the site and lot grading and drainage systems will manage all surface drainage and water flows. Pad Elevation Certifications and Grading or Site Drainage Certificates of compliance will need to be provided as construction is in progress and before Certificate of Occupancy. 49. Lot Line Adjustment. The existing parcels will need to be consolidated to ensure each structure is within the requirements of the CBC. The proposed lot line plan requires compliance with the California Building Code (CBC) Table 705.8. Proposed buildings cannot cross property lot lines and shall comply with CBC Chapters 6 and 7. 50. Soils. CRC R401.4 and CBC 1803.1 require soils investigation for foundation design in Petaluma based on local conditions. Suspected soil conditions include soil instability, forces generated on foundations by expansive soils, seismic forces, and increased lateral pressures due to high water table or surcharge loads from adjacent structures. Soils investigation is to be prepared by a state licensed engineer. The investigation shall indicate preparations, recommendations, and corrective actions to prevent structural defects (for each lot and dwelling). Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 8 51. Deferred Submittals & Special Inspections . Identify request for deferred submittals on the cover sheet of construction documents. Typical approved deferrals include fire protection drawings or manufactured product shop drawing specifications. 52. The applicant shall submit a statement of special inspections in accordance with 107.1 Chapter 1, Division II, as a condition for permit issuance. This statement shall be in accordance with Section 1704.3. Identify special inspections required for structural and code compliance. Please specify special inspector(s) on this form: https://cityofpetaluma.org/documents/special-inspection-and-testing-procedure/ 53. Flood Hazard. CBC 1612.1 is applicable within flood hazard areas. All new construction of buildings, structures and portions of buildings and structures, including substantial improvement and restoration of substantial damage to buildings and structures, shall be designed and constructed to resist the effects of flood hazards an d flood loads. For buildings that are located in more than one flood hazard area, the provisions associated with the most restrictive flood hazard area shall apply. Plumbing CPC 301.4 CPC 301.4 is applicable for buildings located in flood hazard areas. Plumbing systems shall be located above the flood elevation in accordance with the building code for utilities and attendant equipment or the elevation of the lowest floor, whichever is higher. Mechanical CMC 305.3 CMC 305.3 is applicable for buildings located in flood hazard areas. Heating, ventilating, air-conditioning, refrigeration, miscellaneous heat-producing, and energy- utilizing equipment and appliances shall be elevated at or above the elevation in accordance with the building code for utilities and attendant equipment or the elevation of the lowest floor, whichever is higher. New construction work in a flood hazard area must be permitted by a development permit and comply with the Petaluma Zoning Code Chapter 6 entitled FLOODWAY AND FLOOD PLAIN DISTRICTS as directed by the Floodplain Administrator. Fire Prevention Department 54. All submitted sheets must be wet-stamped and wet-signed by the California licensed/registered professional responsible for the design (i.e. electronic signature will be permitted if acceptable by jurisdiction). Please provide a stamp & signature on each page of the submittal. 2019 CFC §105.4.1 & CA B&P Code §6737.1, 7026.12, 7057 & 7058. 55. Prior to issuance of a building permit, the applicant shall confirm the type of Fire Protection System that will be installed (e.g.: NFPA 13, 13R, 13D) and whether there will be an FDC. If a FDC will be installed, fire hydrants shall also be installed every 300 lineal feet. Fire department sprinkler connection shall not be in excess of fifty (50) feet from a fire hydrant. Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 9 56. Note: In addition to any civil drawings, contractors installing underground fire lines shall submit two sets of the plans to the Petaluma Fire Marshal’s office prior to installation. Design must be in accordance with the following City of Petaluma Standard s: • STD850.05 main size 854 thrust blocks • 857.01 fire hydrant 860 temporary fire flow • 879.01 PIV and FDC 880 detector check/s • Points of connection to main and sprinkler riser detail • Hydro-test 200 psi – for 2 hours • Detail method of flushing lines 57. Per Petaluma Municipal Code and Title 17 of the California Administrative Code, a fire service underground to a building of three (3) or more floors shall have a double detector check / backflow preventer installed per City of Petaluma Water Installation S tandards. 58. Sheet C9.0, C8.1, C8.2: Ensure all proposed traffic calming measures meet fire apparatus turning radius requirements. 59. Ensure final design and submittal include all fire protection measures as required in a new multi-story residential development including fire sprinklers, fire alarms, CO alarms, and photovoltaic solar submittal etc. 60. Landscaping Plan: Ensure all proposed landscaping is fire resistant; ensure trees do not block aerial ladder access to building roofs. 61. Project will need to have no fewer than two approved means of fire apparatus access (EVAs are not approved means) for the development and all access must meet aerial apparatus road requirements. Reference Appendix D of the 2022 California Fire Code for requirements. 62. Sheet A-1c: Red curbs required in all areas where Fire apparatus are expected to stage for required reach requirements. 63. Sheet A-23: Clubroom will require permanent occupancy sign. 64. Sheet A-1a: Fire hydrants must be located every 300' of travel. Department of Public Works and Utilities Public Improvements 65. A Public Improvement Plan shall be required for all offsite work, improvements on Oak Creek Apartments Property, Rivertrail improvements, and all on-site public water system work and work within designated public easements. Plans and supporting reports to be submitted to the City of Petaluma Public Works Department. An Engineer’s Estimate Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 10 for probable construction costs shall be prepared and used to determine the review and inspection cost recovery fund. 66. Traffic Mitigation Improvements shall include all previously approved mitigation items and per the recommendations of PBAC. 67. All the public improvements shall be designed in accordance with the latest City of Petaluma Public Works and Utilities Department Standards & Specifications, latest edition of the Manual of Uniform Traffic Control Devices (MUTCD) and Caltrans standards. https://cityofpetaluma.org/city-standards/ 68. Prior to approval of Public Improvement Plans and any Subdivision Map, including all required public dedications and easements, shall be recorded, and the Public Construction Agreement shall be executed. 69. All project improvements shall be accessible including curb ramps and clearances on sidewalks. 70. A public improvement agreement package including necessary bonds and insurance is required prior to approval of the public improvement plans. 71. Prior to issuance of the first certificates of occupancy, All public improvements shall be installed and accepted by the City of Petaluma. 72. The public water system shall be shown on the public improvement plans. See Water Section. 73. Traffic calming and traffic improvements shall be shown on the public improvement plans. 74. The boardwalk on Oak Creek Apartments shall be shown on the public improvement plans. 75. A construction level geotechnical report is required with the public improvement plan. See Geotechnical Report Section. 76. A final inspection letter and as-built drawings are required by the project engineer prior to the City signing off on the public improvements. 77. A Public Improvement Plan shall be required for Graylawn Avenue and all on-site public water system work within designated public easements. Plans and supporting reports to be submitted to the City of Petaluma Public Works Department. An Engineer’s Estimate for probable construction costs shall be prepared and used to determine the review and inspection cost recovery fund. Private Improvements 78. A site development improvement plan and supporting reports is required for all work within private property. An application for a grading and utility permit shall be submitted Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 11 to the Building Department for distribution to review city departments. The public water system shall be shown on the plan for reference but shall be a part of the public improvement plans. 79. All earthwork, grading, trenching, backfilling, and compaction operations shall be conducted in accordance with the City of Petaluma Ordinance (Title 20, Chapter 20.04 of the Petaluma Municipal Code). An erosion and sediment control plan will be required for the grading plans. The proposed grading and subsequent development phases that are over one acre in size will be required to prepare a SWPPP in accordance with City and State regulations, and all future development will be subject to City grading and erosion control regulations. See Section E-10. 80. A construction level geotechnical report is required with the private site development plan. See Geotechnical Report Section. 81. A construction level drainage report is required with the private site development plan. See Sonoma County Agency Section. 82. A separate permit is required for any site retaining wall exceeding 3 feet. 83. Prior to the issuance of any certificates of occupancy, private utilities (sanitary sewer and storm drain) improvements shall be installed, inspected and signed off. 84. Prior to the issuance of any building permit the private drive aisle structural sections shall be constructed to a level where fire department vehicles are able to access the site. 85. Prior to the issuance of any building permits the public water system and fire hydrants (as needed) to provide sufficient fire flow for the Fire Department protective measures. 86. A digital copy of the approved and signed Public Improvement Plan shall be provided to the City at the time of execution of the Public Improvement Plan Agreement. As -built drawings shall be submitted prior to acceptance of the improvements. electronic plan s in .PDF format. 87. All work shall be constructed as per the City of Petaluma construction standards and specifications. (https://cityofpetaluma.org/city-standards/). 88. Intent joint trench plans shall be submitted as a part of the site improvement plan permit application. See Joint Trench Section. 89. A pad certification is required prior to issuance of any vertical building permit. 90. Individual plot/fine grading plans are required for each unit to obtain a building permit. Each plan shall be submitted to the building department for review and approval. 91. A construction management plan shall be prepared for review and approval by the City of Petaluma Public Works Department as described in the environmental Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 12 impact report. 92. All improvements shall be accessible. 93. A final inspection (Conformance) letter shall be provided by the project engineer prior to occupancy. 94. A pre-construction meeting with City staff and the applicant’s construction team is required prior to the start of any construction. 95. The private-looped drive aisles shall have a paved surface of at least 20 feet in width except as shown on the approved Fire Department Protection Plan. The structural section shall be equivalent to a City of Petaluma Residential Street (4 -inches over 12-inches) or as directed by the project traffic engineer. Parking areas shall be marked and all other parking locations shall be posted with signage and red curbing. 96. Rolled curbs shall be provided as required along a private looped drive aisle. 97. Minimum 4-foot-wide sidewalks shall be provided along the looped private drive aisle. 98. All improvement work shall be completed prior to the issuance of a final inspection/certificate of occupancy for at least 20% of the units. 99. No unit yard to unit yard surface drainage is allowed. 100. Concentrated drainage over sidewalks shall not be allowed. UTILITIES Sanitary Sewer (Private) 101. The sanitary sewer shall be designed and installed according to the City of Petaluma Standards. All sewer mains shall be eight inches. All sanitary sewers and laterals shall be privately maintained and noted as a private sanitary sewer on the plans. https://cityofpetaluma.org/city-standards/. 102. Provide cleanouts behind private sidewalks. 103. Storm Drains (Private) Storm drains shall be designed and installed according to the City of Petaluma Standards. All storm drains shall be privately maintained and noted as a private storm drain on the plans https://cityofpetaluma.org/city-standards/ 104. As the owner of private outfalls, the property owner shall be responsible for meeting NPDES requirements, including trash capture and inspection reporting. Water (Public) 105. Water systems shall be design and installed according to the City of Petaluma Standards Water system for the project shall be public. The main public water system shall be a looped system through the private vehicular access drive connecting to the existing public water system Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 13 at two locations. https://cityofpetaluma.org/city-standards/ 106. The public system shall be designed for residential domestic and fire protection water pressure and flow to meet all applicable City requirements. 107. The water extension on Shasta Ave. shall include upsizing the watermain to 12 inches to Petaluma Blvd. Remove and replace the 8-inch watermain with a 12-inch water in Shast Ave. to Petaluma Blvd. North. If in consultation with the city DPW it is determined that adequate capacity and flow can be provided to the project without the Shasta Avenue connection then the connection may be omitted. 108. If needed, secure a 15-foot-wide Easement from SMART to construct and maintain the water connection to Shasta Avenue. All costs for the acquisition and maintenance for the SMART easement shall be paid by the developer. The easement shall be approved by City Council prior to the issuance of any Building Permit. 109. The water main easement on the Oak Creek Apartment Property shall be a 15-foot-wide exclusive easement. The easement shall be approved by City Council prior to the issuance of any building permit. All costs associated with the easement shall be paid by the developer. 110. The proposed public water main system shall be designed to have the capacity to deliver continuous fire flow as designated by the Fire Marshal. Calculations for fire flow and pressure at each fire hydrant for proposed system shall be submitted for review and approval by the Fire Marshal and Public Works Department as a part of the plan review process. 111. The public water main system design shall be a part of the public improvement plans and referenced on the project private improvement plans. E10- EROSION CONTROL - NOI/SWPPP 112. The applicant shall submit the required storm water pollution prevention plan (SWPPP) and obtain a Notice of Intent (NOI) from the Regional Water Quality Control Board prior to any construction. The WDID Number shall be provided prior to any permit approvals. 113. Prior to the issuance of a public improvement plan and/or grading permit, an erosion control plan along with grading and drainage plans shall be submitted to the City of Petaluma for review by the City Engineer. All earthwork, grading, trenching, backfilling, and compaction operations shall be conducted in accordance with the City of Petaluma’s Grading and Erosion Control Ordinance #1576, Title 17, Chapter 17.31 of the Petaluma Municipal Code. Plans shall detail erosion control measures such as site watering, sediment capture, equipment staging and laydown pad, and other erosion control measures to be implemented during all construction activity in compliance with E.10 Construction Erosion and Sediment Control requirements. E12 - SW CONTROL/TREATMENT – BASMMA 114. Prior to issuance of a public improvement plan and/or grading per the applicant shall provide a construction level storm water quality report and plans that demonstrates compliance with “BASMAA Post-Construction Manual: Design Guidance for Stormwater Treatment and Control for Projects in Marin, Sonoma, Napa, and Solano Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 14 Counties”, January 2019. (Provision E.12 of the City’s storm water permit). An Operations and maintenance Manual for the proposed storm water mitigation facilities shall be a part of the submittal. The manual shall include annual inspection criteria, by a Civil Engineer registered in the State of California or other qualified professionals, to ensure the facilities systems are operating as designed and constructed as well as provisions to make any necessary repairs to the system. A signed and sealed copy of the report shall be provided annually to the Office of the City Engineer. 115. A Storm Water Management Facilities Operation and Maintenance Agreement shall be prepared and submitted for review by the City Engineer. Prior to issuance of the public improvement plan and/or grading permit, the Storm Water Management Facilities Operation and Maintenance Agreement shall be executed by the owner with original documents submitted to the city for final execution and recordation. 116. Prior to NOI/SWPPP Notice of Termination, a final inspection by the City of Petaluma and Project Engineer of the stormwater facilities system shall be conducted. A final letter, inspection form and any as-built plan shall be provided as a part of the Notice of Termination to the State Water Board. Transportation 117. During final design confirm drainage in and around the proposed traffic calming bulb outs. Specifically the traffic calming on Graylawn down to Payran. Consider utilizing bulb outs as a stormwater treatment facility or landscaping to improve visual look of the neighborhood. 118. Prior to preparation of the final traffic calming design, the City Engineer shall consider Planning Commission and public input received at the July 22, 2025 Planning Commission meeting and the applicant in coordination with the City Public Works staff will host a neighborhood meeting to provide additional public outreach to residents and to obtain public input on the final traffic calming design. Property owners and residents with access to Graylawn and Jess Avenues, Betty and Bernice Courts, Cordelia Drive, and Payran Street will receive invitations to all public meetings. 119. All traffic calming improvements shall be approved by the Traffic Engineer and shall be completed prior to CO of first unit. 120. Provide a minimum 2-inch grind and overlay on Graylawn from the project site to Payran. Additional measures may be required based on construction impacts and shall be the discretion of the City Engineer. REPORTS SONOMA COUNTY WATER AGENCY 121. A construction level Drainage Report (hydrology and hydraulics) in support of the public and private drainage design shall be prepared and submitted to the Sonoma County Water Agency for review and approval. The drainage report shall be submitted to the C ity of Petaluma for reference as a part of the plan review. Sonoma County Water Agency approval is required prior to the start of any plan approval or issuance of permit. GEOTECHNICAL REPORTS Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 15 122. A construction level geotechnical investigative study and report is required as part of the public improvement plan, grading permit and building permits. CCR'S - MAINTENANCE AGREEMENTS 123. All maintenance agreements and/or CCR’s shall be submitted for review as part of the private plan material submittal. LANDSCAPE & IRRIGATION 124. Landscape and Irrigation plans shall be required as part of the private on-site development. 125. The easement for the river trail access pathway shall be approved by City Council and recorded prior to construction. The easement is subject to applicable adopted City regulations that may be amended from time to time. 126. Provide pedestrian lighting on river trail. 127. Landscaping in public utility easements shall be limited to ground cover and shallow rooted, low-lying shrubs. Trees not allowed. 128. Landscape and irrigation, storm drain, and street improvements shall be designed and installed by City Standards. https://cityofpetaluma.org/city-standards/ 129. At the building phase and prior to the issuance of a building permit, the applicant shall submit a complete landscape and irrigation documentation package consisting of all the required elements found in the Landscape Water Use Efficiency Standards located in Petaluma Municipal Code (PMC) Section 15.17.050 130. Applicant shall submit to the City a complete landscape and irrigation documentation package consisting of all the required elements found in the Landscape Water Use Efficiency Standards located in the Petaluma Municipal Code (PMC) Section 15.17.050. 131. Project signage and landscaping shall be designed outside of the driver’s vision triangle to maintain adequate sight lines. 132. Per California Code of Regulations Title 23. Waters Division 2. Department of Water Resources Chapter 2.7. Model Water Efficient Landscape Ordinance § 492.3, the applicant must submit a Landscape Document Package with the building permit application including a soil management report, irrigation design plan, and applicant signature and date with statement, “1 agree to comply with the requirements of the water efficiency landscape ordinance and submit a complete Landscape Document Package” in accordance with the following municipal code requirements. a) PMC Section 15.17.050(C)(1)(e): Applicant shall include total landscape area (square feet) for all 36 lots, not just “typical lots”. Please include square footage of the stormwater basin separately. b) PMC Section 15.17.050(C)(1)(j): Applicant signature and date with statement, "I agree to comply with the requirements of the Landscape Water Use Efficiency Standards and submit a complete Landscape Documentation Package.” Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 16 c) PMC Section 15.17.050(C)(2)(a): When calculating the MAWA/ETWU in the water efficient landscape worksheet please use the city of Petaluma’s annual ETO of 39.6 and annual rainfall of 26.65. d) PMC Section 15.17.050(C)(4)(d)(14): If irrigation will be utilized to establish the stormwater basin, include a proposed irrigation schedule, an irrigation design plan, and MAWA and ETWU calculations for the area. e) PMC Section 15.17.050(C)(4)(d)(17-18): The landscape design plan at a minimum, shall include: • The following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and, • The signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. f) PMC Section 15.17.050(C)(5)(a,b,c): A complete irrigation design plan that meets all the design criteria shall be submitted as a part of the landscape documentation package. g) PMC Section 15.17.050(C)(5)(c)(9-10): The irrigation design plan shall also contain: • The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and, • Provide the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. h) Prior to final inspection, the applicant shall submit the following in accordance with PMC Section 15.17.050. Please refer to the following sections of the PMC for detailed requirements of each item: • PMC Section 15.17.050 (C)(3): Soil Management Report. • PMC Section 15.17.050 (D)(1-3): Certificate of Completion to include the following attachments: • Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape water use efficiency standards. • Irrigation Schedule — shall be regulated by automatic irrigation controllers, applied water should be the ETWU. • Landscape and Irrigation Maintenance Schedule - including routine inspection, adjustment and repair of irrigation system, fertilizing, pruning, weeding, etc. • Landscape Irrigation Audit conducted by a certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. Audit reports shall meet the criteria listed in Section 15.70.050 (D)(2)(c). LIGHTING & JOINT TRENCH 133. All utilities on site shall be underground. The applicant shall submit joint trench plans with the Building Permit plans. Pavement restoration shall comply with the City’s Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 17 current trench detail standard. Clarify the utility plan and provide details for the underground. 134. On-site drive street lights are required. The final construction documents shall include updated photometric calculations for the site as needed to provide sufficient lighting coverage and intensity. 135. All utility distribution facilities, including but not limited to, electrical, communication and television shall be placed underground. 136. Prior to the issuance of any certificates of occupancy, dry utilities (power and communication) improvements shall be installed, inspected and signed off. WASTE (RECOLOGY) 137. The applicant shall confirm the pickup locations of the waste enclosures with the pickup provider (Recology), including maneuvering and access. Roadways along the pickup routes should consider this load in relation to the geotechnical analysis following completion of remediation activities. Trash service provider shall be consulted in coordination with City for final schedule / interval of collection at site to provide appropriate collection frequency. MISCELLANEOUS 138. The project is responsible for paying water, sewer, and storm drain impact/capacity fees prior to issuance of a certificate of occupancy. 139. All construction in the flood plain shall meet the applicable requirements of Chapter 6 of the Implementing Zoning Ordinance (IZO), “Floodway and Flood Plain Districts”: 140. Outfalls into the Petaluma River shall be approved by Sonoma Water and all Jurisdiction Agencies. Letters of approval shall be provided to City before site grading. All outside agency 401, 404, streambed alterations permits, and/or required permits shall be obtained prior to grading. 141. CLOMR, LOMR or as-needed FEMA requirements shall be obtained in conjunction with development permits. The sequence of the FEMA requirements will be determined by the City Engineer. 142. Using the current SLR mapping, submit a Sea Level Rise Study Site Map Exhibit to indicate three SLR scenarios: 100 cm; 200 cm; and 300 cm. Each scenario should show impacts with and without 100 yr flood condition and also with and without King Tide condition. 143. All sewer manholes shall have rim elevations at least 1 foot about floodplain elevation. 144. Provide lighting study and placement of streetlight on the apartment site and on Graylawn as needed. Include off-site street lighting on public improvement plans. Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 18 Sid Commons Mitigation Monitoring and Reporting Program This Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance with Section 21081.6 of the California Environmental Quality Act (CEQA) and Section 15097 of the CEQA Guidelines. This document has been developed to ensure implementation of mitigation measures and proper and adequate monitoring/reporting of such implementation. CEQA requires that this MMRP be adopted in conjunction with project approval, which relies upon an Environmental Impact Report. The purpose of this MMRP is to: ● document implementation of required mitigation; ● identify monitoring/reporting responsibility, be it the lead agency (City of Petaluma), other agency (responsible or trustee agency), or a private entity (applicant, contractor, or project manager); ● establish the frequency and duration of monitoring/reporting; ● provide a record of the monitoring/reporting; and ● ensure compliance The following table lists each of the mitigation measures adopted by the City in conjunction with project approval, the implementation action, timeframe to which the measure applies, the monitoring/reporting responsibility, reporting requirements and the status of compliance with the mitigation measure. Implementation The responsibilities of implementation include review and approval by City staff including the Engineering, Planning and Building Divisions. Responsibilities include the following: 1. The applicant shall obtain all required surveys and studies and provide a copy to the City prior to issuance of grading permits or approvals of improvements plans. 2. The applicant shall incorporate all applicable code provisions and required mitigation measures and conditions into the design and improvements plans and specifications for the project. 3. The applicant shall notify all employees, contractors, subcontractor, and agents involved in the project implementation of mitigation measures and conditions applicable to the project and shall ensure compliance with such measures and conditions. 4. The applicant shall provide for the cost of monitoring of any condition or mitigation measure that involves on-going operations on the site or long-range improvements. 5. The applicant shall designate a project manager with authority to implement all mitigation measures and conditions of approval and provide name, address, and phone numbers to the City prior to issuance of any grading permits and signed by the contractor responsible for construction. 6. Mitigation measures required during construction shall be listed as conditions on the building or grading permits and signed by the contractor responsible for construction. 7. All mitigation measures shall be incorporated as conditions of project approval. 8. The applicant shall arrange a pre-construction conference with the construction contractor, City staff and responsible agencies to review the mitigation measures and conditions of approval prior to the issuance of grading and building permits. Monitoring and Reporting The responsibilities of monitoring and reporting include the Engineering, Planning and Building Divisions, as well as the Office of the Fire Marshal. Responsibilities include the following: 1. The Building, Planning, and Engineering Divisions and Fire Marshal’s Office shall Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Sid Commons Apartment Project, Conditions of Approval & MMRP Page 19 review the improvement and construction plans for conformance with the approved project description and all applicable codes, conditions, mitigation measures, and permit requirements prior to approval of a site design review, improvement plans, grading plans, or building permits. 2. The Planning Division shall ensure that the applicant has obtained applicable required permits from all responsible agencies and that the plans and specifications conform to the permit requirements prior to the issuance of grading or building permits. 3. Prior to acceptance of improvements or issuance of a Certificate of Occupancy, all improvements shall be subject to inspection by City staff for compliance with the project description, permit conditions, and approved development or improvement plans. 4. City inspectors shall ensure that construction activities occur in a manner that is consistent with the approved plans, mitigation measures, and conditions of approval. MMRP Checklist The following table lists each of the mitigation measures adopted by the City in connection with project approval, the timeframe to which the measure applies, the person/agency/permit responsible for implementing the measure, and the status of compliance w ith the mitigation measure. Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 20 Sid Commons Apartment Project Mitigation Monitoring and Reporting Program Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed Aesthetics Mitigation Measure Visual-2, Implement Mitigation Bio- 10A: Limitations on Improvements within the Petaluma River Plan Corridor (see Biology section for details) See Biology, below Mitigation Visual-3A, Inclusion in SPAR: The Site Plan and Architectural Review process for the Revised Project shall include evaluation and review of the Revised Project for: a) Creation of a lush landscape plan planned to accommodate significant trees in a manner consistent with the Oak Creek Apartment complex (see also Mitigation Bio-9: Incorporation of Native Plants in Landscaping Plans). b) Adequate setbacks and/or landscaping between existing abutting residential structures in the R2 zoning district (addressed from Graylawn Avenue and Bernice Court). c) Extent of desirability of utilizing a single-loaded street near the River corridor, as the means of ensuring the creation of linear open space corridors with maximum public accessibility, visibility, and opportunities for stewardship pursuant to GP 2-P-8. Visual-3B, Implement Mitigation Bio-10B (as amended): RODZ review at SPAR (see Biology section for details) Applicant: Demonstrate required SPAR criteria on Site Plan __________ Sign. __________ Date Planning Division / Planning Commission: Review and approve Project’s Site Plan pursuant to SPAR __________ Sign. __________ Date See Biology, below Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 21 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed Mitigation Visual-3C, Implement Mitigation Bio-11A (as amended): Ensure Preservation of Existing Trees (see Biology section for details) Mitigation Visual-4, Glare Minimization Design Standards: The following measures shall be applied to reduce light and glare at the Project site: a) Lighting designs shall employ fixtures that would cast light in a downward direction, and building materials should not be sources of substantial glare. b) Lighting should generally occur at intersections, areas of pedestrian activity, and building entrances, and be minimized elsewhere. c) Ornamental, pedestrian-scale fixtures shall be utilized to the degree possible. Lighting shall be designed to minimize glare and the direct view of light sources. d) No lighting shall blink, flash or be of unusually high intensity or brightness. e) Lighting shall utilize energy-efficient fixtures that provide a balance between energy efficiency and pleasing light color. f) High pressure sodium fixtures shall be utilized for street lighting. Metal halide, incandescent, or color-balanced fluorescent fixtures may be used for other lighting systems. Low-pressure sodium fixtures are prohibited. g) All streetlights shall utilize cut-off fixtures to minimize visibility from adjacent areas. Applicant/ Architect: Prepare Outdoor Lighting Plan for SPAR review, demonstrating implementation of all measures __________ Sign. __________ Date Planning Commission: Review and approve Project’s Outdoor Lighting Plan pursuant to SPAR __________ Sign. __________ Date Planning/ Building Division: Verify final SPAR- approved Outdoor Lighting Plan prior to issuance of building permits __________ Sign. __________ Date Added Notes: 4.f. - LED at low watts (Lumens) is acceptable and complies with the PW&U’s current street lighting spec (J Stutsman & K Carothers 7/20/2020 Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 22 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed h) Parking area lighting fixtures shall be no higher than necessary to provide efficient lighting of the parking areas. i) Landscape lighting fixtures shall be hidden from direct view unless designed as an integral part of the area. j) Landscape lighting sources shall be shielded from view at night, with the emphasis being on the object or view being lit. See also Mitigation Measure Bio-7A. Air Quality Mitigation Measure AQ-2A, Basic Dust Control: The Project shall comply with the following “Basic” mitigation measures as recommended by BAAQMD for reducing construction related emissions: a) All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas and unpaved access roads) shall be watered two times per day. b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d) All vehicle speeds on unpaved roads shall be limited to 15 mph. e) All roadways, driveways and sidewalks to be paved shall be completed as soon as possible. Building pads shall be Applicant: Include all measures in project construction documents __________ Sign. __________ Date Planning/ Building Division: Verify construction documents prior to issuance of grading permit __________ Sign. __________ Date Engineering/ Building Division: Conduct periodic inspections during construction to ensure that measures are in place __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 23 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed laid as soon as possible after grading unless seeding or soil binders are used. f) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator. h) Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Mitigation Measure AQ-2B, Enhanced Dust Control: Because of the size of the site and the proximity of nearby sensitive receptors, the Project shall also comply with the following “Enhanced” mitigation measures as recommended by BAAQMD for reducing construction related emissions: a) All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe. Applicant: Include all measures in project construction documents __________ Sign. __________ Date Planning/ Building Division: Verify measures are included in construction documents prior to issuance of grading permit __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 24 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed b) All excavation, grading and demolition activities shall be suspended when average wind speeds exceed 20 mph. c) Windbreaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction. Windbreaks should have at maximum 50 percent air porosity. d) Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established. e) The simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the amount of disturbed surfaces at any one time. f) All trucks and equipment, including their tires, shall be washed off prior to leaving the site. g) Site accesses to a distance of 100 feet from the paved road shall be treated with a 6 to 12 inch compacted layer of wood chips, mulch or gravel. h) Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than one percent. i) Minimizing the idling time of diesel powered construction equipment to two minutes. j) The project shall develop a plan demonstrating that the off-road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and Engineering/ Building Division: Conduct periodic inspections during construction to ensure that measures are in place __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 25 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed subcontractor vehicles) would achieve a project wide fleet-average 20 percent NOX reduction and 45 percent PM reduction compared to the most recent ARB fleet average. Acceptable options for reducing emissions include the use of late model engines, low-emission diesel products, alternative fuels, engine retrofit technology, after-treatment products, add-on devices such as particulate filters, and/or other options as such become available. k) Use low VOC (i.e., ROG) coatings beyond the local requirements (i.e., Regulation 8, Rule 3: Architectural Coatings). l) Require that all construction equipment, diesel trucks and generators be equipped with Best Available Control Technology for emission reductions of NOx and PM. m) Requiring all contractors use equipment that meets CARB’s most recent certification standard for off-road heavy-duty diesel engines. All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe. Mitigation AQ-4, Construction-Period DPM Emission Reductions: All off-road construction equipment greater than 25 horsepower shall have engines that meet or exceed Applicant: Include all measures in project construction documents __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 26 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed either U.S. Environmental Protection Agency (USEPA) or California Air Resources Board (ARB) Tier 4 Final off-road emission standards. The Contractor may use the next cleanest piece of off-road equipment (i.e., Tier 3 Engine with Level 3 Verified Diesel Emission Control Strategy [VDECS], Tier 3 Engine with Level 2 VDECS, or Tier 3 Engine with alternative fuel), if: a) a particular piece of off-road equipment that meets these standards is technically not feasible; b) the equipment would not produce desired emissions reduction due to expected operating modes; c) installation of the equipment would create a safety hazard or impaired visibility for the operator; or, d) there is a compelling emergency need to use off-road equipment that does not meet these standards; and e) The Contactor develops a Construction Emissions Minimization Plan (CEMP) to describe the process used to identify the next cleanest piece of off-road equipment and the steps that will be taken to reduce emissions of criteria air pollutants to the greatest extent practicable. Building/ Planning Division: Verify that measures are included in construction documents prior to issuance of grading and building permits __________ Sign. __________ Date Building/ Engineering Division: Conduct periodic inspections during construction to ensure that measures are in place __________ Sign. __________ Date Biological Resources Mitigation Measure Bio-2a: Pre-Construction Nesting Surveys. If grading operations or construction is scheduled during the nesting season for migratory birds (February 1 through August 30), trees in the Project site shall be surveyed including call surveys as appropriate for nesting migratory birds. Applicant: Retain qualified biologist to perform nesting survey/call survey, as required per measure __________ Sign. __________ Date Applicant: Notify Planning Division and CDFW Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 27 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed a) Surveys shall be conducted within the following buffers of the construction site: 1) 150 feet for nesting raptors, and 2) 500 feet for nesting passerines. b) The surveys shall be conducted no more than 15 days prior to the start of any ground disturbing activities. c) If an active nest is found prior to construction or during construction activities, a qualified biologist, in consultation with CDFW, shall determine the appropriate buffer size and delineate the buffer using ESA -approved fencing, pin flags, and/or yellow-caution tape. A buffer zone shall be maintained around all active nest sites until the young have fledged and are foraging independently. d) In the event that an active nest is found after the completion of preconstruction surveys and after construction begins, all construction activities shall be stopped until a qualified biologist has evaluated the nest and erected the appropriate buffer around it. in the event of active nest discovery __________ Sign. __________ Date Qualified Biologist: Perform survey in event of active nest discovery consult with CDFW and establish buffer. Submit findings to City. __________ Sign. __________ Date Building/ Engineering/ Planning Division: Review findings prior to issuance of grading permit and verify that buffers are maintained (if required) during construction through periodic site inspections __________ Sign. __________ Date Mitigation Measure Bio-2b, Pre-Construction Tree Roost Surveys: For all tree removal and vegetation management activities the following measures shall be implemented to protect bats: a) Tree removal shall be conducted between September 1st and March 31st in order to avoid the bat maternity periods and ensure protection of bat species. Should maintenance activities necessitate tree removal during the maternity roosting season (April 1st – August 31st) then a qualified biologist shall first perform a bat roost survey of trees within 7 days to determine if roosts are present. If no Applicant: Schedule and perform tree removal in conformance with measures, or retain qualified biologist to perform a bat roost survey within 7 days prior to tree removal __________ Sign. __________ Date Applicant: Notify Planning Division and CDFW in the event of __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 28 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed evidence is found, activities may proceed. In the event that an active roost is observed within the work area than a work exclusion zone of 50 to 250 feet shall be established. Work within the exclusion zone shall not be permitted until the maternity roosting season has completed. The appropriate size of the exclusion zone shall be determined by a qualified biologist based upon the species and its susceptibility to disturbance. b) Any tree removal with breast diameter height (dbh) greater than 12 inches or with complex bark structures or with cavities shall be felled and allowed to rest on the ground overnight prior to removal. c) Maintenance activities shall avoid the dust and dawn period to preclude impacts to emerging bats. Rather, activities shall occur between 1 hour after sunrise and one hour before sunset. protected bat discovery Qualified Biologist: Perform Preconstruction surveys and submit results and recommendations to the City. __________ Sign. __________ Date Building/ Engineering/ Planning Division: Review findings prior to issuance of grading permit and verify that exclusion zones are maintained (if required) during construction through periodic site inspections __________ Sign. __________ Date Regulatory Requirements, Bio-3: Pursuant to existing regulations, the Applicant is required to obtain all required authorizations from the U.S. Army Corps, the RWQCB, the California Department of Fish and Wildlife and other regulatory agencies with jurisdiction, for the disturbance of waters of the U.S. and their associated aquatic habitat. In addition to any and all conditions of approval as required by these resource agency permits and authorizations, the following mitigation measures shall be implemented, representing the City of Petaluma (as lead agency) baseline mitigation requirements. Applicant: Obtain all required agency permits and authorizations (e.g., from U.S. Army Corps, USF&WS, RWQCB and/or CDFW) for River terrace grading __________ Sign. __________ Date Planning Division: Verify that all required agency permits have been obtained prior to issuance of grading or __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 29 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed building permits including for River Terracing Mitigation Measure Bio-3A, Limitations on the Grading Period: To the extent feasible, limit grading in the river area to the dry season, between June 15 and October 15, when low flow conditions are present in the River. Limit vegetation removal to the period between June 15 and November 15 to avoid potential impacts to anadromous fish species and nesting birds, and to avoid interfering with adult spawning migrations or the outmigration of smolts. Applicant: Schedule terraced grading and vegetation removal as prescribed __________ Sign. __________ Date Building/ Planning Division: Limit issuance of grading permit for River terracing to schedule as prescribed __________ Sign. __________ Date Mitigation Measure Bio-3B: Pre-Construction Surveys. A qualified USFWS-approved biologist shall conduct pre- construction surveys of all ground disturbance areas within suitable habitats in the Project site to determine if California red-legged frogs and Western pond turtles are present prior to the start of grading operations. These surveys shall be conducted within 48 hours prior to the initiation of grading activities in habitats where these species have the potential to occur. a) Preconstruction surveys to detect western pond turtles should focus on suitable aerial and aquatic basking or Applicant: Retain a qualified biologist to perform pre-construction surveys __________ Sign. __________ Date Qualified Biologist: In consultation with CDFW, establish exclusion zone buffer in event of discovery. Submit results and recommendations to the City. __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 30 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed nesting habitat such as logs, branches and riprap, as well as the shoreline and adjacent warm, shallow waters where pond turtles may be present below the water surface beneath algal mats or other surface vegetation. b) Where feasible, preconstruction surveys to detect western pond turtle nesting activity should be concentrated within 0.25 mile of suitable aquatic habitat and should focus on areas along south- or west-facing slopes with bare hard- packed clay or silt soils or a sparse vegetation of short grasses or forbs. Planning Division Verify results of pre- construction surveys prior to issuance of grading permits for River terracing __________ Sign. _________ Date Mitigation Measure Bio-3C, Relocation: If any special status species are found, either they shall be re-located, or an exclusion zone shall be established and maintained around the occupied habitat until the biological monitor, in consultation with the resource agencies, determines construction activities can proceed in these zones. a) Any re-location efforts shall be pre-approved by the resource agencies. b) If CRLF, WPT or their nesting sites are found, the biologist shall contact the CDFW to determine whether relocation and/or exclusion buffers and nest enclosures are appropriate. If the CDFW approves of moving the animal, the biologist shall be allowed sufficient time to move the animal(s) from the work site before work activities begin. Applicant/ Biologist In the event of discovery of special status species, contact Planning Division and CDFW __________ Sign. __________ Date CDFW (if special status species are found): In the event of discovery of special status species, determine whether relocation and/or exclusion buffers and nest enclosures are appropriate __________ Sign. __________ Date Building/ Planning Division In the event of discovery of special status species, authorize construction activity only after CDFW authorization __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 31 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed Mitigation Measure Bio-3D, Implement Best Management Practices: Avoidance and minimization measures shall be employed prior to and during construction, as required and/or approved by the resource agencies, to protect special status species and sensitive habitats. These measures shall include, but not be limited to: a) A USFWS-approved biologist shall be present during grading and clearing activities that could result in harm to these species. The approved biologist shall have stop - work authority in the event that a California red-legged frog or Western pond turtle is found within the Project site. b) Install exclusion fencing around grading and clearing zones to keep out special-status. The areas approved for grading and clearing shall be delineated with temporary high-visibility orange-colored fence at least 4 feet in height, flagging, or other barriers. Signs shall be posted that clearly state that construction personnel and equipment shall not move outside of the marked area. The fencing shall be inspected by the USFWS-approved biologist and maintained daily until project completion. The fencing shall be removed only when all construction equipment is removed from the site. No construction activities shall take place outside the delineated project site. c) Have the Biological Monitor survey each zone periodically and relocate species as necessary. Applicant: Retain USFWS- approved biologist/Biological Monitor __________ Sign. __________ Date Biological Monitor: Erect required fencing, conduct periodic surveys, ensure implementation of all required BMPs during grading. Maintain a log of activities and make available to USFWS and City upon request. __________ Sign. __________ Date Building/ Planning/ Engineering Division Verify presence and maintenance of BMPs during construction at site inspections __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 32 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed d) Prior to construction, a qualified biologist shall conduct training sessions to familiarize all construction personnel with: • identification of California red-legged frog and their habitat, Western pond turtle and their habitat and identification of protected salmonids and their habitats, • general provisions and protections afforded by the Endangered Species Act, • measures implemented to protect the species, and • a review of project site boundaries e) To avoid attracting predators, food-related trash shall be kept in closed containers and removed daily from the project site. f) At the end of each day, all construction-related holes or trenches deeper than 1 foot shall be covered to prevent entrapment of potential California red-legged frog. g) During the process of reviewing the USACE permit application, the USACE will determine the need to enter into consultation with the USFWS for impacts on the federally listed California red-legged frog. If consultation with the USFWS for the California red-legged frog is needed, the City of Petaluma would comply with all the terms and conditions required by the USFWS. Regulatory Requirements, Bio-4: Pursuant to existing regulations, the Applicant is required to obtain all required authorizations from the U.S. Army Corps of Engineers Applicant: Obtain all required agency permits and authorizations (e.g., __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 33 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed pursuant to Section 404 and/or Section 401 of the Clean Water Act. For the fill of wetlands, waters of the US and/or the State). In addition to any and all conditions of approval as required by these resource agency permits and authorizations, the following mitigation measures shall be implemented, representing the City of Petaluma (as lead agency) baseline mitigation requirements. from U.S. Army Corps, and/or RWQCB) for wetlands fill Planning/ Building Division: Verify that all required agency permits have been obtained, and all conditions have been met prior to issuance of grading or building permits for project activities, terracing and fill to wetlands __________ Sign. __________ Date Mitigation Measure Bio-4: Compensation for Seasonal Wetlands Fill. The Project applicant shall provide on-site compensatory mitigation sufficient to achieve a no-net-loss standard, subject to additional requirements of the permitting agencies. Compensatory mitigation shall be achieved through creation restoration and enhancement of wetland habitat acreage at appropriate locations within the Project site, providing new, higher quality wetlands habitat value than the low value habitat lost due to Project fill and terrace grading. a) Final site plans should seek to avoid and retain wetland features where feasible b) Compensatory wetland habitat shall ensure no net loss of habitat functions and values. Applicant/ Qualified Biologist: Demonstrate all required on-site compensatory mitigation in Landscape Plan for terrace grading Prepare Restoration Habitat and Monitoring Plan __________ Sign. __________ Date Planning Division / Planning Commission: Review and approve Landscape Plan for terrace grading and HMMP, pursuant to SPAR process __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 34 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed c) Compensatory ratios shall be based on site-specific information and determined through coordination with the Corps and RWQCB. d) A Restoration and Monitoring plan for the compensatory wetlands shall be developed and implemented by the applicant. The Restoration and Monitoring Plan shall describe how the new wetlands shall be created and monitored over a minimum establishment period of five years. Building/ Planning Division: Verify that on-site compensatory mitigation locations are provided on grading and improvement plans for terrace grading prior to issuance of grading permit __________ Sign. __________ Date Regulatory Requirements, Bio-5: Pursuant to existing regulations, the Applicant is required to obtain all required authorizations from the CDFW (as applicable) for the loss or disturbance of on-site riparian vegetation resulting from development of the property. Any substantial change or use of any material from the bed, channel or bank of the River or any change that may substantially adversely affect existing fish or wildlife resources will require CDFW issuance of a Streambed Alteration Agreement pursuant to Fish and Game Code 1602. In addition to any and all requirements of these resource agency permits and authorizations, the following mitigation measures shall be implemented, representing the City of Petaluma (as lead agency) baseline mitigation requirements. Applicant/ Biologist: Obtain all required agency permits and authorizations (e.g., from CDFW for loss or disturbance of on- site riparian vegetation __________ Sign. __________ Date Planning/ Building Division: Verify that all required agency permits have been obtained and conditions met prior to issuance of grading or building permits for River terracing and upland development __________ Sign. __________ Date Mitigation Measure Bio-5A, Riparian Preservation Zone: Final grading plans for the Project’s proposed terraced grading concept along the Petaluma River shall include a Riparian (Willow) Preservation Zone comprising the Applicant/ Biologist: Demonstrate all required on-site compensatory mitigation in __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 35 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed approximately 0.30 acres of high quality riparian habitat along the River. Preservation of existing high quality riparian vegetation shall be achieved in these zones while accommodating widened channel designs that provides acceptable flood control containment. The River Plan calls for all development (including grading and flood control alterations) to be severely restricted within high priority Riparian Preservation Zones, all development, including trails, grading and flood control alterations, shall be prohibited in these Zones. Minimal intrusions in a carefully selected location could be authorized by the City for interpretive purposes only. Landscape Plan for terrace grading, Prepare Restoration and Monitoring Plan as part of HMMP for the Project Planning Division / Planning Commission: Review and approve Landscape Plan for terrace grading and HMMP, pursuant to SPAR process __________ Sign. __________ Date Building/ Planning Division: Verify that on-site compensatory mitigation locations are provided prior to issuance of grading permit for terrace grading __________ Sign. __________ Date Mitigation Measure Bio-5B, Riparian Tree Preservation: A consulting arborist shall review preliminary grading plans for the river terrace and for the riverside path, prior to issuance of grading plans. The arborist shall recommend tree preservation measures (i.e., protective fencing, grading limits and tree pruning plans) to ensure preservation of individual riparian and oak woodland trees within and abutting the riparian zone. This measure shall also apply to those riparian zones as expanded by the river terracing project, including trees #65-68, 70-73, 80, 106-107, 209-212 Applicant: Retain consulting arborist for review of preliminary grading plans. Ensure protection of all trees to be retained pursuant to Mitigation Measure Bio-11C (below) __________ Sign. __________ Date Professional Arborist: Review preliminary grading plans prior to issuance of grading __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 36 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed and 205-208, and the 0.30-acre willow thicket designated as the Riparian (Willow) Preservation Zone. permits, and recommend specific tree preservation measures to ensure preservation of individual riparian and oak woodland trees within and abutting the riparian zone Planning Division / Planning Commission: Review and approval of Tree Removal pursuant to SPAR __________ Sign. __________ Date Engineering/ Planning/ Building Division: Verify that final SPAR-approved Tree Removal and all conditions thereof are included in Frontage Improvement Plans and grading permits __________ Sign. __________ Date Mitigation Measure Bio-5C, Habitat Mitigation and Monitoring Plan: A final Habitat Mitigation and Monitoring Plan (HMMP) shall be submitted for review and approval by the regulatory agencies and the City. The City shall authorize the HMMP prior to issuance of the terrace grading plans. The Final HMMP shall be implemented. The HMMP shall include a landscape and biological restoration plan prepared and signed by a licensed landscape architect, either experienced in environmental restoration or with appropriate consultation and input from wetlands biologists, Applicant: Finalize HMMP for review by the regulatory agencies and the City __________ Sign. __________ Date Planning Division: Coordinate and ensure review and comment on HMMP by applicable regulatory agencies prior to City approval __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 37 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed soil scientists and hydrologists. The goals and objectives for the HMMP must be clearly stated, and the plans must be developed based on a thorough analysis of existing biologic, soils, and hydrologic conditions, including a consideration of the historic plant community. a) When stabilized and restored, the Restoration Zone shall be designed and constructed such that it contributes significantly to the wildlife and fishery habitat values and water quality of the greenway. b) Restoration treatments shall include re-grading, slope stabilization and planting with genetically local native riparian and upland species. c) Access shall be generally restricted from the banks and bank-top areas in this zone, except at carefully selected and controlled points where overlooks and interpretive areas are permitted. Planning Division / Planning Commission Review and approval of HMMP pursuant to SPAR __________ Sign. __________ Date Mitigation Measure Bio-6, Terraced Grading Erosion Control/Stormwater Pollution Prevention Plan: The Project applicant shall prepare and implement a specific Terraced Grading Erosion Control Plan for all terrace grading work and trail construction within and abutting the Petaluma River floodplain. The discharge or creation of potential discharge of any soil material including silts, clay, sand, or any other materials to the waters of the State is prohibited. a) Install and maintain silt fences adjacent to the perimeter of the work area and immediately downstream of disturbed areas and install and maintain erosion control blankets on all disturbed ground to prevent inadvertent Applicant: Prepare final Erosion Control Plan for all terrace grading work and trail construction within and abutting the Petaluma River floodplain __________ Sign. __________ Date Engineering / City Engineer: Review and approve Erosion Control Plan as being in conformance with all applicable City and __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 38 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed transport of sediments into the Petaluma River. The Project applicant shall be responsible for ensuring that sediment-control devices are installed and maintained correctly. The devices shall be inspected frequently (e.g., daily) to ensure they are functioning properly. Controls shall be immediately repaired or replaced or additional controls shall be installed as necessary. Sediment that is captured in these controls may be disposed of onsite in an appropriate approved area or off-site at an approved disposal site. b) Soil materials stockpiled at the site must be covered with plastic sheeting at the end of each workday until permanently protected with rock ballast materials. c) Spill prevention and control BMPs shall be implemented throughout grading activities. Train onsite personnel in spill prevention practices, and provide spill containment materials near all storage areas. All contractors are responsible for familiarizing their personnel with the information contained in the Storm Water Pollution Prevention Plan. d) Spills, leaks, and other problems of a similar nature shall be resolved immediately to prevent unnecessary impacts. A plan for the emergency cleanup of any spills of fuel or other material shall be available on-site, and workers shall be trained in techniques to reduce the chance for spills, contain and clean up spills, and properly dispose of spilled materials for the potential pollutants. Adequate materials for spill cleanup shall be maintained on-site and readily available to the employees of each contr actor or regulatory agency design standards prior to issuance of grading, permits for river terracing Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 39 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed subcontractor for immediate response should a spill occur on-site. e) Maintain all construction equipment to prevent oil or fluid leaks, use drip pans or other secondary containment measures beneath vehicles during storage, and regularly inspect all equipment and vehicles for fluid leaks. f) Water down all disturbed ground surfaces as necessary to minimize windblown dust. g) Fuel and service vehicles and equipment that are used during the course of the proposed grading operation, and park all grading equipment overnight on the upland portion of the site and in a safe area outside of sensitive habitats. Wash vehicles and equipment off-site. h) Implement the HMMP immediately after grading operations are complete to re-vegetate all disturbed areas. Mitigation Measure Bio-7A, Hooding or Shielding of Outdoor Lighting Fixtures: All outdoor lighting including any lighting along the river trail shall be focused and directed to the specific location intended (e.g., walkways, sidewalks, paths). Such fixtures shall be hooded or shielded to avoid the production of glare, minimize up light and light spill. All light fixtures shall be located, aimed, or shielded to minimize spill-light into the riparian corridor and associated trees; this shall be demonstrated as a component of SPAR review. (The River Plan Design Guidelines states that some portions of the river trail may be lit.) Mitigation Measure Bio-7B, Pre-Construction Surveys (see Mitigation Measure Bio-1A): This measure requires Applicant/ Architect: Prepare Outdoor Lighting Plan for SPAR review, demonstrating implementation of all measures __________ Sign. __________ Date Planning Division / Planning Commission: Review and approve Project’s Outdoor Lighting Plan pursuant to SPAR __________ Sign. __________ Date Building/ Verify final SPAR- approved Outdoor Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 40 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed pre-construction biological surveys and determination of avoidance measures as necessary during construction. Mitigation Measure Bio-7C, Avoidance and Minimization (see Mitigation Measure Bio-3): This measure requires avoidance and minimization measures to be employed prior to and during all grading and construction activities within the Petaluma River, as required and/or approved by subsequent permitting agencies, to protect special status species and sensitive habitats. These measures include, but are not limited to restricting grading operations to the dry season (between June 15 and October 15) when low flow conditions are present in the River, and restricting vegetation removal to the period of June 15 to November 15 to avoid potential impacts to anadromous fish species and nesting birds. Planning Division: Lighting Plan prior to issuance of building permits __________ Sign. __________ Date Mitigation Bio-9, Incorporation of Native Plants in Landscaping Plans: As part of the Project’s Site Plan and Architectural Review process, the Project applicant shall submit a Landscape Plan for review and approval by the City. The landscape Plan shall incorporate planting of native trees and ground cover plants consistent with the goals and objectives for this reach of the River as described in the Petaluma River Access and Enhancement Plan. a) The Landscape Plan shall only include plants from the City’s approved list of commonly occurring native riparian plant species for landscaping proposed within the Petaluma River Preservation and Restoration zones. Applicant/ Landscape Architect: Prepare final Landscape Plan for SPAR review, demonstrating use of City-approved native riparian plant species for landscaping within the Petaluma River Preservation and Restoration zones __________ Sign. __________ Date Planning Division / Planning Commission: Review and approve Project Landscape Plan, including use of native riparian __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 41 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed b) In the Buffer Zone (including 200 feet from the River centerline and its extension 50’ from oak drip lines and wetlands and 30’ from constructed river terrace top of bank), the Landscape Plan shall incorporate riparian buffer zone plantings as recommended from the City of Petaluma’s approved list (including River Plan page 165 and Chapter 5, Table 1). The planting objectives in this riparian buffer will be to minimize removal of native vegetation and re-plant, where appropriate, with native plants species. c) Landscaping within the River Oriented Development Zone (i.e., the Project’s upland development area on existing Parcel -009) shall include use of "compatible" plants, as defined in the River Plan (Chapter 5, Tables 1 and 2). d) Although not included as part of the River Plan’s River Oriented Development Zone, landscaping within existing Parcel -006 should be similar to that in the RODZ. species, pursuant to SPAR Building/ Planning Division: Verify that final SPAR-approved Landscape Plan, shows all required native riparian species prior to approval of final grading plans for terraced grading within River Preservation and Restoration zones, including Buffer Zone __________ Sign. __________ Date Mitigation Bio-10A, Limitations on Improvements within the Petaluma River Plan Corridor : No residential structures or directly related residential components of the Project shall extend into the Petaluma River Plan Corridor (comprised of the Preservation, Restoration, and Buffer Management Zones of the River Plan, see Corridor mapped at Figure 2-5). The only improvements allowed within the River Plan Corridor include the river trail, terracing and restoration. During the SPAR process, the Planning Commission could allow minor encroachments associated with residential improvements, such as a detention basin Applicant: Prepare final Site Plans demonstrating no encroachment of residential structures into Petaluma River Plan Corridor Site Plans shall specifically indicate any requests for minor encroachments into River Plan Corridor __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 42 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed and/or segments of sidewalk within the outer buffer management zone, if found to be consistent with the intent of the River Plan and not impactful to the River Plan Corridor. Mitigation Bio-10B, RODZ review at SPAR: The Site Plan and Architectural Review process shall include evaluation and review of the Revised Project for consistency with River Oriented Development Zone (RODZ) policies and design guidelines. (See River Plan page 79-80 and Chapter 9: Design Guidelin es.) As the concept plan for the apartment project is fully detailed for Site Plan and Architectural Review, the northern portion of the Project that is within the RODZ (Parcel -009) shall be designed pursuant to the RODZ Guidelines. Planning Division / Planning Commission Verify no encroachment of residential structures into Petaluma River Plan Corridor, and specifically itemize any approved minor encroachments for associated improvements __________ Sign. __________ Date Building/ Planning Division: Verify that final SPAR-approved Site Plan conditions of approval are included prior to issuance of grading and/or building permits __________ Sign. __________ Date Mitigation Measure Bio-11A, Ensure Preservation of Existing Trees: The final designs of the residential portion of the Project should be designed to reflect the goal of preserving protected trees located within the Petaluma River Plan Corridor and those oaks isolated in the RODZ. While it is recognized that the preservation of all existing trees on the Project site may conflict with reasonable land development considerations and with creation of the terrace directed by the General Plan, the final design of the Project, to be reviewed at SPAR, shall seek to preserve the most desirable and significant healthy trees on site. Applicant/ Professional Arborist: Prepare a Landscape Plan for SPAR review demonstrating best efforts to preserve the most desirable and significant healthy trees on site, per measures Ensure protection of all trees to be retained pursuant to Mitigation Measure Bio-11C (below) __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 43 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed a) No protected tree shall be removed unless a tree removal, grading or building permit is issued by the Community Development Department. b) As the Revised Project concept plan depicts, the residential structures shall not extend into the Petaluma River Plan Corridor. Protected healthy oak trees located within the Petaluma River Corridor (trees #69, 75, 77 and 79) shall be preserved. Within the Petaluma River Plan Corridor, the small California bay (#74) shall also be preserved as a native tree within the Corridor. The eucalyptus (#76) shall be removed as an exotic species undesirable near a riparian setting. c) As the Revised Project concept plan depicts, not more than three mature oak trees shall be removed from the RODZ (i.e., within APN-009) to accommodate the Project. The Revised Project’s concept plan shows these as oaks #59, 60 and 61. Younger oaks #101 and 202 shall also be preserved. Should the updated arborist review (per Mitigation Measure Bio-11e) find that any of the large oaks proposed to be preserved by the concept plan is not healthy and a good candidates for preservation, the site plan designed for SPAR shall instead preserve another of the large oaks on APN-009. d) The Site Plan and Architectural Review process shall further consider site design modifications to preserve protected trees to the greatest extent possible at APN -006 generally (as directed by the Tree Ordinance). Each Protected tree shall be further considered for preservation; oaks #1, 13, 17 and 100 shall be particularly pursued. Tree protection on APN-006 shall Planning Division / Planning Commission: Review and approval of Tree Protection pursuant to SPAR __________ Sign. __________ Date Planning/ Engineering/ Building Division: Verify that final SPAR-approved Tree Removal is accurately shown on the grading and Building Permit and all conditions thereof are included in Public Improvement Plans and grading permits _________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 44 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed be equal to that depicted by the Revised Project’s concept plan. Thinning of the redwoods along Graylawn may be authorized by SPAR if recommended by the arborist. The EVA shall be designed to accommodate oaks 1 and 2, but should the Fire Marshal and the arborist find this impossible, SPAR is authorized to allow their removal pursuant to Mitigation Measure Bio 11-B. e) During preparation of the site plan for SPAR, the applicant shall work collaboratively with the arborist and the civil engineer to design a site plan that addresses Bio 11B through 11D. The arborist shall provide further tree preservation analysis as part of the SPAR submittal, and shall ensure that all trees over 4 inches at breast height are included in the analysis. Mitigation Measure Bio-11B, Protected Tree Replacements: For all protected trees permitted by the City to be removed, the project applicant shall provide replacement trees at the following ratios: a) All protected trees determined by the Project arborist to be in good or excellent health, and/or with moderate to good structure, shall be replaced on a one-to-one trunk diameter basis. (Example: A 24-inch protected tree in good or excellent condition must be replaced with new trees totaling 24 inches in trunk diameters.) b) All protected trees determined by the Project arborist to have fair or marginal health, and/or with marginal structure, shall be replaced on a two-to-one trunk diameter basis. (Example: A 24-inch protected tree in fair-to-marginal condition must be replaced with new trees totaling 12 inches in trunk diameter Applicant/ Landscape Architect: Prepare final Landscape Plan for SPAR review, demonstrating all required tree replacement measures have been met _______ Sign. __________ Date Planning Division / Planning Commission Review and approve Project landscape Plan, including tree replacement plans, pursuant to SPAR _______ Sign. __________ Date Engineering/ Planning/ Verify that final SPAR-approved Landscape Plan, which shows all _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 45 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed c) Replacement tree ratios shall be applied as follows: • 24-inch box replacement tree = 2-inch replacement trunk diameter • 36-inch box replacement tree = 3-inch trunk replacement diameter • 48-inch box replacement tree = 4-inch trunk replacement diameter d) Replacement trees shall be at minimum 24-inch box size. e) All protected trees determined by the Project arborist to have poor health or poor structure are not required to be replaced. f) Replacement trees shall be planted within the Project boundaries to the extent feasible, and the applicant shall find suitable off-site location(s) for the required trees if on-site replacement is found infeasible. g) If the location of replacement tree planting will remain as a natural area suitable for the healthy and long-term growth of native trees, replacement of protected trees should occur in-kind. If the location of replacement tree planting will be part of an irrigated, ornamental landscape area, replacement of protected trees may occur with a species as identified by the project arborist and approved by the City Planning Department Building Division: required replacement trees, is included as part of final Public Improvement Plans and landscape plans Mitigation Measure Bio-11C, Tree Protection Plan: All trees designated for preservation must have a good chance of long-term survival; specific recommendations to avoid firstly construction and then long-term impacts shall be Applicant/ Licensed Landscape Architect, Prepare conceptual Tree Protection Plan for all trees to be preserved within the _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 46 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed included for each to-be-preserved tree. Simply preserving a tree does not excuse it from designated mitigation requirements. Preserved trees must have a good chance to survive after all the impacts of construction are considered. Consistent with the recommendations for tree protection as listed in the Petaluma River Access and Enhancement Plan (RAEP), a tree protection plan for the Project shall be prepared by a licensed landscape architect, arborist or certified forester and approved by the City, for all trees to be preserved within the Project to protect them during on-site grading and construction. A conceptual tree protection plan for the Project shall be provided for SPAR review, and a final tree protection plan for the Project shall be included as part of all Public Improvement Plans and grading permits issued for the Project. The following tree protection measures from the River Plan shall implemented: a) All trees over five feet tall, or with a diameter over six inches measured at 4.5 feet in height over ground level, must be drawn to scale on plans, including species, approximate age and height, diameter at three feet and drip line. Also, show trees on adjacent property if the property line abuts or goes under drip line. Oaks to 4" in diameter, within 50' of the property line should be called out separately. b) Plans shall indicate clearing, stripping and grading limits. Clearing and stripping limits must be staked on-site by the project engineer. c) All utility plans must be included and their location relative to trees shown on plans. Arborist or Certified Forester approved by the City Project, and to protect them during on-site grading and construction Planning Division / Planning Commission: Review and approval of conceptual tree protection plan pursuant to SPAR _______ Sign. __________ Date Engineering / Planning/ Building Division: Verify that final SPAR-approved tree protection plan is included in Public Improvement Plans and grading permits _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 47 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed d) Specific trees to be saved must be noted on the grading plans and shall be clearly marked on all plans and in the field. e) Trees within the clearing areas (including exotics) noted to be removed shall be clearly marked on plans and in the field. f) Applicants are encouraged to work closely with City staff to decide which trees, if any, must be removed. Convincing and compelling reasons must be provided for the removal of any native species. g) Bulkheads or tree wells may be used around trees where grading may be detrimental to the tree's preservation. h) No grading shall be done within the drip line of trees to be saved except where noted on approved grading or landscaping plan. i) Construction equipment is prohibited from areas of the site where no grading will occur. Storage of equipment, vehicles, topsoil or materials shall not be permitted within the drip line of trees to be saved. Areas of natural vegetation shall be protected as necessary. j) Trees to be saved shall be fenced or protected to the satisfaction of the Planning Director prior to start of construction, and maintained throughout the construction period. k) If grading is permitted under a drip line, once grade has been established, a temporary six-foot tall chain link fence should be installed around the tree at a distance of six feet minimum (or at a distance to be determined by Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 48 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed arborist), from the trunk. This fence is to remain until construction is complete. Nothing may be stored inside this fence. l) All excavation within a tree's drip line should be done by hand with a shovel and pick. If a woody root is encountered, care should be taken not to split the root, as this would create an entrance site for disease that can destroy the root and grow into the tree via the root. The roots should be wrapped in wet burlap to protect them from drying out while they are out of the soil. If a root needs to be cut, a very sharp hand-pruning saw should be used. Again, be careful not to split or twist the root or allow it to dry out. m) If a utility line must be installed within a drip line, drill or bore the conduit through the soil rather than digging a trench. Less root damage will occur. Place all utility lines in the same passage, if possible, to avoid disruptions to the root zone. n) There should be no trenching, drilling, or boring within six feet of the trunk. In parking lots, irrigation and airification devices must be installed. o) If paving is necessary within the drip line, use porous materials such as gravel, cobbles, brick with sand joints, wood chips or bark mulch. p) Non-oak trees should be irrigated before construction starts. Oak trees should be irrigated prior to August 1. This will ensure that the trees can better withstand the stress of construction. Irrigation is extremely important Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 49 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed during spring and summer for stressed, mature non-oak native species. q) After construction, do not fertilize the native oak trees until the following season's leaf is matured. This prevents a construction stressed tree from further decline by over- expending its energy reserves in response to the fertilizer. r) During the course of construction operations, any pruning of trees designated on plans as “to be saved”, shall be performed under the supervision of a qualified arborist. No pruning by construction personnel is permitted. Care shall be taken to ensure that proper pruning, thinning and treatment for disease prevention shall be employed. s) Any additional tree removals necessitated during the course of construction operations, but not shown for removal on approved plans, shall be inspected and approved by the Planning Department prior to such removals. Planting of specimen trees (36-inch box) at a compensation rate of at least 3:1, or as determined by the City will likely be required to replace trees damaged or removed during construction. t) On-site inspections by the project engineer and landscape architect shall ensure that there is no encroachment into the areas beyond the "limits of grading" as shown. Trees outside the grading area or designated “to be saved” are to be adequately protected during construction operations. u) Landscaping under native oak trees should consist of drought tolerant plants or California native plants that are Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 50 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed drought tolerant in nature and must not require supplemental water so as to be detrimental to the trees. There is to be no landscaping within the drip line. Chipped bark, mulch or cobblestones are suitable for this area. No lawns should be planted within the drip line. v) Permanent irrigation systems should be bubbler, drip or sub-terrain only. No sprinkler systems should be allowed within six feet of trees, except for Oaks. Oaks may have a temporary drip only. w) A manually operated drip system is the preferable method of irrigation within the drip line, although irrigation is not recommended under established native oaks at all, and especially not in the summer. Never allow irrigation water to seep into the six-foot radius or pool around the root crown Mitigation Measure Bio-12A, Infected Tree Identification: Pursuant to the City’s Tree Removal Permit process and prior to Public Improvement Plan approvals and grading permit issuance, all trees of “at-risk” species proposed for removal shall be surveyed for sudden oak death pathogens and individual treatment methods identified. Mitigation Measure Bio-12B, Tree Removal Precautions: If a tree needs to be removed, the tree stump should be cut as close to the ground as practical. Stump grinding is not recommended because the equipment may become contaminated by soil and result in pathogen spread when used at another location. The opera tion of vehicles or heavy equipment in such areas may lead to further disease spread when soil is disturbed and moved around. If at all practical, tree removal should be scheduled between June to October Applicant/ Arborist: Survey all trees of “at- risk” species proposed for removal for sudden oak death pathogens Develop individual treatment methods per measures, include measures in grading plan and implement during tree removal _______ Sign. __________ Date Planning / Engineering / Verify treatment measures and approve Tree Removal prior to _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 51 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed when conditions are warm and dry, and avoid removing diseased trees when moist conditions favor pathogen spread (November to May). Mitigation Measure Bio-12C, Debris Removal Precautions: Proper disposal of infested material is an effective means of limiting the spread of pathogens. In infested areas, leaving infected or dead trees on site has not been shown to increase the risk of infection to adjacent trees. Removal from a property is only recommended if it is the first infected tree to be detected in the area, if the fire risk is high, or if the dead tree is a safety hazard. If debris cannot be left on site, infested material should be disposed of at an approved and permitted dump facility. a) Whenever possible, the tree debris should be left on-site in a safe area where large woody debris will not move, endanger the public, contaminate uninfected hosts or constitute a fire hazard. b) When infected oaks are cut down and left on site, branches should be chipped and larger wood pieces cut and split. Woodpiles should be stacked in sunny locations to promote rapid drying. c) Firewood and chips should not be left in an area where they might be transported to another location (e.g. trailside, parking areas, etc.). Building Division: Public Improvement Plan approvals and grading permit issuance Cultural Resources Mitigation Measure Cultural-1: Monitoring of Well Abandonment. When the two existing wells on the site are removed, a qualified archaeologist shall be present to record and recover any potentially significant historic-era deposits Applicant/ Qualified Archaeologist: The Applicant shall retain a qualified archaeologist to record and recover any _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 52 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed that may be uncovered. If historic materials are observed, they shall be recorded on the appropriate DPR forms and such forms filed with the CHRIS and the Planning Division. In the event that the onsite wells are abandoned and capped in place, then monitoring would be unnecessary, as no disturbance to potential resources would occur. potentially significant historic-era deposits and submit records to CHRIS and Planning Division Mitigation Measure Cultural-2: Discovery of Unknown Archaeological Resources and Tribal Resources (as amended). To reduce potential impacts on prehistoric site deposits and or Tribal cultural resources that may be discovered during construction: a) The applicant shall retain the services of a qualified archaeological consultant approved by the City of Petaluma and from the Federated Indians of Graton Rancheria’s list of qualified archaeologists who have also demonstrated the ability to work cooperatively with the Tribe, to monitor ground-disturbing activity near the Petaluma River; that is during the river terrace grading work. The archeologist shall monitor ground-disturbing activities according to a schedule agreed upon by the archeological consultant and the City of Petaluma. The monitor need only be present during activities that could affect significant archeological deposits or Tribal cultural resources. After considering the types of project activities and the probabilities of encountering a significant archaeological deposit or Tribal cultural resource, the City and the archaeologist shall adjust the monitoring Applicant: Retain qualified archaeological consultant approved by the City of Petaluma and from the Federated Indians of Graton Rancheria’s list of qualified archaeologists _______ Sign. __________ Date Qualified Archaeological Consultant Monitor ground- disturbing activity near the Petaluma River during the river terrace grading work Stop work and notify Planning Division in the event of potentially significant archaeological resource discovery – develop appropriate resource treatment program. Submit a _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 53 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed frequency accordingly, or implement a cessation of the monitoring schedule altogether. b) If a concentration of artifacts, cultural soils or Tribal cultural resources is encountered during construction anywhere on-site, all soil-disturbing activities within 100 feet of the discovery shall cease. The archaeological monitor shall have the authority to stop work and temporarily redirect crews and heavy equipment until the resource is evaluated. The archaeological monitor shall immediately notify the City of Petaluma Planning Division of resources encountered. The archeological monitor shall, after making a reasonable effort to assess the identity, integrity and significance of the encountered resource, present the findings of this assessment to the City and provide treatment recommendations. record of monitoring and findings to City FIGR THPO: If resources are encountered, review find, assess significance, and provide input of treatment plan _______ Sign. __________ Date Planning / Division: Review record of monitoring and coordinate with FIGR on treatment plan _______ Sign. __________ Date Mitigation Measure Cultural-3: Discovery of Unknown Paleontological Resources. In the event paleontological resources are encountered, the applicant shall procure a qualified paleontologist approved by the City of Petaluma to document, evaluate and assess the significance of the resource in accordance with the criteria set forth in the guidelines adopted by the Society of Vertebrate Paleontology, CEQA Guidelines Section 15064.5. a) In the event of discovery during construction, excavations within 100 feet of the find shall be Applicant: Include measure on project construction contract and improvement plans _______ Sign. __________ Date Construction Contractor/ Applicant: Notify Planning Division in the event of potentially significant archaeological resource discovery _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 54 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards (SVP 1995). The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before earthmoving or grading is allowed to resume at the location of the find. b) If the City determines that avoidance is not feasible, the paleontologist shall prepare and recommend to the City an excavation plan for mitigating the effect of the project on the qualities that make the resource significant. The plan shall be submitted to the City for review and approval prior to resuming construction activities. Paleontologist: In event of discovery, prepare and recommend to the City an excavation plan for mitigating effects to the resource _______ Sign. __________ Date Planning / Division: In event of discovery, review and approve an excavation plan for mitigating effects to the resource _______ Sign. __________ Date Mitigation Measure Cultural-4: Discovery of Human Remains. In the event that human remains are uncovered during earthmoving activities, all construction excavation activities shall be suspended and the following measures shall be undertaken in accordance with the Health and Safety Code Section 7050.5: a) The Sonoma County Coroner shall be contacted to determine that no investigation of the cause of death is required. b) If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. c) The project sponsor shall retain a City-approved qualified archaeologist to provide adequate inspection, recommendations and retrieval, if appropriate. Applicant/ Construction Contractor: Include measure on project construction contract and improvement plans _______ Sign. __________ Date Notify Planning Division and County Coroner in the event of discovery - If the Coroner determines the remains to be Native American, contact the Native American Heritage Commission _______ Sign. __________ Date Applicant: In event of discovery, retain qualified archaeologist to Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 55 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed d) The Native American Heritage Commission shall identify the person or persons believed to be the most likely descended from the deceased Native American, and shall contact such descendant in accordance with state law. e) The project sponsor shall be responsible for ensuring that human remains and associated grave goods are reburied with appropriate dignity at a place and process suitable to the most likely descendent. provide inspection, recommendations and retrieval, if appropriate _______ Sign. __________ Date Native American Heritage Commission In event of discovery of Native American remains, contact most likely descendent and develop disposition plans _______ Sign. __________ Date Planning / Division: In event of discovery, review and coordinate on recommendations and treatment _______ Sign. __________ Date Mitigation Measures Cultural-2 through -4 identify procedures should any unknown tribal cultural resources be disturbed, and impacts of the Project on currently unknown Tribal cultural resources would be less than significant. See above Geology and Soils Mitigation Measure Geo-2A, Compliance with California Building Code: Project development shall meet all requirements of the California Building Code Vols. 1 and 2, 2016 Edition or the most recent edition at the time of development. These standards include the California Building Standards 2015 Edition published by the International Conference of Building Officials (or most recent edition at the time of development), and as modified by the amendments, additions and deletions as adopted by the City of Petaluma. Applicant: Incorporate all Building Code and Geotechnical Investigation recommendations into project construction and improvement plans _______ Sign. __________ Date Building Division: Review and approve all building permits in Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 56 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed Mitigation Measure Geo-2B, Incorporation of Geotechnical Investigation Recommendations: The recommendations of RGH Consultants’ Geotechnical Engineering Report Update for Sid Commons (January 20, 2015) regarding foundation and structural design, or equivalent measures, shall be incorporated in the final design of each structure, contingent upon concurrence by the City’s Engineer and Chief Building Official. To ensure that appropriate construction techniques are incorporated, the Project’s Geotechnical Engineer shall inspect the construction work and certify to the City, prior to issuance of a certificate of occupancy, that all improvements have been constructed in accordance with the approved Geotechnical Investigation specifications. accordance with required measures _______ Sign. __________ Date Project Geotechnical Engineer: Inspect construction work and certify to the City, prior to issuance of a certificate of occupancy that the improvements have been constructed in accordance with the geotechnical specifications _______ Sign. __________ Date Building Division: Verify at site inspections _______ Sign. __________ Date Mitigation Measure Geo-5A, Soil Treatment: The detrimental effects of expansive soil movements can be reduced by pre-swelling expansive soils and covering them with a moisture fixing and confining blanket of properly compacted non-expansive engineered fill (select fill). Select fill can consist of approved non-expansive on site soils, imported non-expansive materials or lime stabilized on-site clay soils. In building areas, the blanket thickness of select fill required depends on the expansion potential of the soils and the anticipated performance of the foundations and slabs. In order to effectively reduce foundation and slab heave given the expansion potential of the site's soils, a blanket thickness of 30 inches shall be utilized in building areas at the Project site. In exterior slab and paved areas, the select fill blanket need only be 12 inches thick. On-site and imported select fill materials shall have a low expansion Applicant: Incorporate soil treatment and/or Foundation design measures into project construction and improvement plans _______ Sign. __________ Date Building Division: Review and approve all building permits in accordance with required measures _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 57 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed potential (El less than 50), and conform in general to the following requirements: a) Sieve size of 6 inches – 100% passing (by dry weight) b) Sieve size of 4 inches – 90% to 100% passing (by dry weight) c) No. 200 – 10% to 60% passing (by dry weight) Mitigation Measure Geo-5B, Foundation Design: The Project’s proposed structures shall be supported on either post-tensioned slabs or mat slabs. These slabs shall be designed using the expansion characteristics of the soils. Grading to prepare the building pads shall consist of reworking the upper 2 to 3 feet of surface soils by excavating these soils, moisture conditioning them to at least 4 percent above optimum moisture content, and compacting them to at least 90 percent relative compaction, or as otherwise specified by the geotechnical engineer. Mitigation Measure Geo-6, Erosion Control Plan: Prior to issuance of a grading permit, an erosion control plan, along with grading and drainage plans, shall be submitted to the City Engineer for review. All earthwork, grading, trenching, backfilling, and compaction operations shall be conducted in accordance with the City of Petaluma’s Subdivision Ordinance (#1046, Title 20, Chapter 20.04 of the Petaluma Municipal Code) and Grading and Erosion Control Ordinance #1576, Title 17, Chapter 17.31 of the Petaluma Municipal Code). These plans shall detail erosion control measures such as site watering, sediment capture, equipment staging and laydown pad, and other erosion control measures Applicant/ Contractor/ Geotechnical Engineer: Prepare Erosion Control Plan for review and approval by City Engineer, including all applicable measures _______ Sign. __________ Date City Engineer / Building Division: Approve Erosion Control Plan prior to issuance of grading permit _______ Sign. __________ Date Periodic site visit to verify compliance Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 58 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed to be implemented during construction activity on the project site. a) The Erosion Control Plan shall include winterization, dust control, erosion control and pollution control measures conforming to the ABAG Manual of Standards for Erosion and Sediment Control. b) The Erosion Control Plan shall describe the "best management practices" (BMPs) to be used during and following construction to control pollution resulting from both storm and construction water runoff. The Plan shall identify locations for vehicle and equipment staging, portable restrooms, mobilization areas, and access routes. c) Recommended soil stabilization techniques include placement of straw wattles, silt fences, berms, and gravel construction entrance areas or other control to prevent tracking sediment onto city streets and into storm drains. d) Public works staff or representatives shall visit the site during grading and construction to ensure compliance with the grading ordinance and plans, and note any violations, which shall be corrected immediately. _______ Sign. __________ Date Hazards and Hazardous Materials Mitigation Measure Haz-1A, Soil Testing and Regulatory Compliance (as amended): Prior to issuance of building or grading permits, the project applicant shall conduct a soil testing program to identify the potential for agricultural chemicals, agriculture-related petroleum hydrocarbon spills, lead-based paint or elevated levels of contaminants near the rail tracks to be present in the soils at levels exceeding recommended health screening levels. Should any impacted Applicant: Conduct soil testing program and investigations per measures _______ Sign. __________ Date Applicant/ Submit to the City proof of clearance from all appropriate agencies prior to _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 59 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed soil be discovered that exceeds human health screening levels for residential soil as noted in DTSC’s HERO HHRA Note 3 criteria and/or Environmental Screening Levels (ESLs), such soils shall be excavated and removed for appropriate off-site disposal prior to development pursuant to existing regulatory requirements. Mitigation Measure Haz-1B, Discovery of Unknown Contaminants (as amended): If unknown contamination, underground tanks, containers or stained or odorous soils are discovered during construction activities, appropriate investigation, sampling and comparison of data collected with health-based screening levels and/or consultation with a regulatory oversight agency shall be conducted. Applicable Regulatory Agency: issuance of a grading permit- Or – submit approved Soils Management Plan Applicant/ Grading Contractor: Comply with all requirements and conduct construction in conformance with measures _______ Sign. __________ Date Building/ Planning/ Engineering Division: Review proof of clearance or Soil Management plan and verify through site inspections _______ Sign. __________ Date Specific design requirements and implementation measures for minimizing Project-generated erosion and for controlling fuel/hazardous material spills to be set forth in the applicant's SWPPP are identified in Mitigation Measure Hydro-1: SWPPP Requirements (see Chapter 11: Hydrology). See MM Hydro-1, below Mitigation Measure Haz-5, Fencing (as amended): As demonstrated in the Revised Project’s conceptual design, the Project shall include an open-design appropriate fence along the edge of and parallel to the rail tracks, with consideration provided to the protection of existing trees, to limit access onto the railroad right-of-way. The final fence design shall be subject to SPAR review and approval. Applicant: Prepare detailed fence design plans _______ Sign. __________ Date Planning Division / Planning Commission: Review and approval of fence design pursuant to SPAR _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 60 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed Hydrology and Water Quality Regulatory Requirement Hydro-1: Pursuant to existing regulations, the applicant is required to obtain coverage under the NPDES General Construction Activities Permit from the RWQCB. In accordance with NPDES regulations, the Project applicant is also required to prepare a site - specific Storm Water Pollution Prevention Plan (SWPPP) per General Construction permit requirements. In addition to any and all requirements of these resource agency permits and authorizations, the following mitigation measures shall be implemented, representing the City of Petaluma (as lead agency) baseline mitigation requirements. Applicant: Obtain all required agency permits and authorizations (e.g., from RWQCB) __________ Sign. __________ Date Building/ Planning/ Engineering Division: Verify that all required agency permits have been obtained prior to issuance of grading or building permits, and Improvement Plans __________ Sign. __________ Date Mitigation Measure Hydro-1, SWPPP Requirements: Design requirements and implementation measures for minimizing Project-generated erosion and for controlling fuel/hazardous material spills shall be set forth in the applicant's SWPPP, in accordance with State and RWQCB design standards. It is recommended that the SWPPP, at a minimum, include the following or similar provisions: a) Leave existing vegetated areas undisturbed until construction of improvements on each portion of the development site is ready to begin; b) Immediately re-vegetate or otherwise protect all disturbed areas from both wind and water erosion upon the completion of grading; Applicant: Prepare final SWPPP for all construction phases of the Project __________ Sign. __________ Date City Engineer/ Engineering Division: Review and approve SWPPP as being in conformance with all applicable City and RWQCB design standards prior to issuance of grading, building and Frontage Improvement Plan permits __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 61 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed c) Collect storm water runoff into stable drainage channels, from small drainage basins, to prevent the buildup of large, potentially erosive storm water flows; d) Direct runoff away from all areas disturbed by construction; e) Use sediment ponds or siltation basins to trap eroded soils before runoff is discharged into onsite or off-site drainage culverts and channels; f) Install straw rolls, straw bales or other approved materials below all disturbed areas adjacent to the Petaluma River and surrounding all wetland areas to be retained, to prevent eroded soils from entering the river channel. Maintain these facilities until all disturbed upslope areas are fully stabilized, in the opinion of the City Engineer; g) To the extent possible, schedule major site development work involving excavation and earthmoving for construction during the dry season; h) Develop and implement a program for the handling, storage, use and disposal of fuels and hazardous materials. The program should also include a contingency plan covering accidental hazardous material spills; i) BMPs shall be used for preventing the discharge or other construction-related NPDES pollutants beside sediment (i.e. paint, concrete, etc.) to downstream waters. Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 62 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed j) Avoid cleaning, fueling, or maintaining vehicles on-site, except in an area designated to contain and treat runoff; and k) After construction is completed, inspect all drainage facilities immediately downstream of the grading site for accumulated sediment, and clear these facilities of debris and sediment as necessary. Mitigation Measure Hydro-2A, SWCP Implementation: The Project shall design, construct and implement appropriate post-construction stormwater treatment measures to reduce water quality and hydromodification impacts to downstream reaches, as required by the current post- construction control requirements of the Small MS4 General Permit. Upon completion of the final project design, the applicant shall provide documentation of stormwater management measures that show compliance with the Small MS4 General Permit. a) The report shall delineate individual drainage management areas (DMAs) within the Project site, and provide analysis to show compliance with the volumetric or flow-based treatment criteria as described in the Small MS4 General Permit. b) The Projects SWCP must provide the capacity to either infiltrate or evapotranspire all runoff generated by the 85th percentile storm event. c) Treatment measures must be provided for runoff that cannot be diverted to the site's storm water system, using specified Best Management Practices able to remove or otherwise neutralize identified pollutants. Applicant: Prepare final Storm Water Control Plan for all phases of the project’s operations __________ Sign. __________ Date Engineering / City Engineer: Review and approve SWCP as being in conformance with all applicable City of Petaluma’s Stormwater Management and Pollution Control Ordinance requirements Verify the selection and design of BMPs as being consistent with City’s Stormwater Policy and Design Standards, and per the applicable NPDES permit issued to the City and other __________ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 63 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed d) Water quality improvements shall not be placed so low in the floodplain that they are inundated by a 2-year storm. Mitigation Measure Hydro-2B, SWCP Monitoring and Maintenance Agreement: Prior to public improvement plan approval, a mechanism shall be in place to ensure funding of on-going maintenance, inspection, and as needed repair of the Project SWCP, including the maintenance of the proposed Terracing Plan. a) Maintenance requirements and frequency shall be carefully described including vector control, clearing of clogged or obstructed inlet or outlet structures, vegetation/landscape maintenance, replacement of media filters, regular sweeping of parking lots and other paved areas, etc. b) Wastes removed from BMPs may be hazardous. Therefore, maintenance costs should be budgeted to include disposal at a proper site. c) The monitoring and maintenance program shall be conducted at the frequency agreed upon by the RWQCB and/or City of Petaluma. Monitoring and maintenance shall be recorded and submitted annually to the SWRCB. The SWCP may be adjusted as necessary to address any inadequacies of the BMPs. d) Provide maintenance funding in perpetuity for maintenance of all stormwater related improvements, subject to City approval. Funding mechanism shall be by taxation, not subject to repeal through property owner or renter action. available guidance documents Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 64 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed e) The Project applicant shall prepare informational literature and guidance on residential development BMPs to minimize pollutant contributions from the proposed development. This information shall be distributed to all adult residents at the Project site. At a minimum, the information shall cover: a) proper disposal of commercial cleaning chemicals; b) proper use of landscaping chemicals; c) clean-up and appropriate disposal of hazardous materials and chemicals; and d) prohibition of any washing and dumping of materials and chemicals into storm drains. f) The terraced flood plain shall be inspected at least annually, prior to the onset of the rainy season, by a Civil Engineer licensed to practice in the State of California, to ensure that the terracing is performing as designed and required in project approvals. The Civil Engineer shall prepare a signed and sealed report of the inspection including findings, photo documentation, any necessary proposed modifications and a statement indicating that the system is operating as designed and required by project approvals. The annual report shall be submitted to the City of Petaluma Planning Division and Department of Public Works and Utilities no later than October 15th of each year. Land Use The following Mitigation Measures for the Project set forth in throughout this DEIR, primarily in Chapter 6: Biology, would mitigate impacts to biological resources and would serve to minimize conflicts with objectives, policies and See individual Mitigation Measures Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 65 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed programs of the Petaluma River Access and Enhancement Plan: Mitigation Measure Bio-4: Compensation for Seasonal Wetlands Fill Mitigation Measure Bio-5A: Riparian Preservation Zone Mitigation Measure Bio-5B: Riparian Tree Preservation (as amended) Mitigation Measure Bio-5C: Habitat Mitigation and Monitoring Plan Mitigation Measure Bio-6: Terraced Grading Erosion Control/Stormwater Pollution Prevention Plan Mitigation Bio-9: Incorporation of Native Plants in Landscaping Plans Mitigation Bio-10A: Limitations on Improvements within the Petaluma River Plan Corridor (also listed as Mitigation Measure Visual-2) Mitigation Bio-10B: RODZ review at SPAR Mitigation Measure Bio-11A: Ensure Preservation of Existing Trees (as amended) Mitigation Measure Bio-11B: Protected Tree Replacements Mitigation Measure Bio-11C: Tree Protection Plan Noise Mitigation Measure Noise-4A, Construction Hours: Due to the proximity of sensitive receptors (residences) to the development areas, construction activities shall be required Applicant: Incorporate all mitigation measures into construction and grading plans _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 66 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed to comply with following, and shall be noted accordingly on construction contracts: a) Construction activities for all phases of construction, including servicing of construction equipment shall only be permitted during the hours of 7:30 a.m. and 6:00 p.m. Monday through Friday, and between 9:00 a.m. to 5:00 p.m. on Saturdays. However, when construction is occurring within 100’ of new occupied residential units, it shall not begin until 8 a.m. during weekdays. b) Construction is prohibited on Sundays and on all holidays recognized by the City of Petaluma. c) Delivery of materials or equipment to the site and truck traffic coming to and from the site is restricted to the same construction hours specified above. Mitigation Measure Noise-4B, Construction Engine Controls: The Project Applicant shall implement the following engine controls to minimize disturbance to adjacent residential uses during Project construction: a) Construction equipment shall utilize the best available noise control techniques (including mufflers, intake silencers, ducts, engine enclosures and acoustically attenuating shields or shrouds) in order to minimize construction noise impacts. These controls shall be used as necessary to reduce heavy equipment noise to 75 to 80 dBA (Leq) at 50 feet to minimize noise levels at the closest residential receptors. b) If impact equipment such as jackhammers, pavement breakers and rock drills is used during construction, hydraulically or electric-powered equipment shall be Planning Division: Review and verify construction and grading plans for all noise measures _______ Sign. __________ Date Applicant: Provide notice to surrounding properties in accordance with measures Conduct construction in conformance with measures Maintain delivery, hauling and construction in accordance with measures _______ Sign. __________ Date Building/ Planning Division Periodic inspection during construction to ensure that measures are in place _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 67 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed used to avoid the noise associated with compressed-air exhaust from pneumatically powered tools. c) Where use of pneumatically powered tools is unavoidable, an exhaust muffler on the compressed-air exhaust shall be used. External jackets on the tools themselves shall also be used, where feasible. Mitigation Measure Noise-4C, Stationary Equipment and Staging: Locate stationary noise generating equipment that generates noise levels in excess of 65 dBA Leq as far as possible from sensitive receptors. a) If required to minimize potential noise conflicts, the equipment shall be shielded from noise sensitive receptors by using temporary walls, sound curtains, or other similar devices. b) The construction contractor shall not stage equipment within 200 feet of the existing residential land uses to the west and north of the project site. c) Heavy equipment, such as paving and grading equipment, shall be stored on-site whenever possible to minimize the need for extra heavy truck trips on local streets. Mitigation Measure Noise-4D, Miscellaneous Construction Noise: The contractor shall minimize use of vehicle backup alarms and other miscellaneous construction noise. a) A common approach to minimizing the use of backup alarms is to design the construction site with a circular Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 68 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed flow pattern that minimizes backing up of trucks and other heavy equipment. b) Another approach to reducing the intrusion of backup alarms is to require all equipment on the site to be equipped with ambient sensitive alarms. With this type of alarm, the alarm sound is automatically adjusted based on the ambient noise. c) Construction worker’s radios shall be controlled to be inaudible beyond the limits of the project site boundaries. Mitigation Measure Noise-4E, Noise Barriers (as amended): The construction contractor shall erect temporary walls, sound curtains or other similar devices along the southerly property line adjacent to the existing Oak Creek Apartments and neighbors along Bernice Court, Graylawn Avenue and Jesse Avenue to shield these existing sensitive receptors from construction noise. To the extent feasible, the construction contractor shall prioritize construction of buildings nearest to Graylawn/Bernice Court during the earlier phases of construction, such that new buildings can serve as a noise barrier to dampen construction noise as the site develops. Mitigation Measure Noise-4F, Noise Disturbance Coordinator: The Project applicant / construction contractor shall designate a city-approved Noise Disturbance Coordinator, designated to respond to any local complaints about construction noise. The disturbance coordinator will determine the cause of the noise compla int (e.g., starting too early, bad muffler, etc.) and will require that reasonable measures warranted to correct the problem be implemented. The construction schedule and telephone number for the Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 69 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed Noise Disturbance Coordinator shall be conspicuously posted at the Project construction site. Traffic and Circulation Mitigation Measure Transp-12, Prepare Construction Management Plan: A construction management plan shall be prepared for review and approval by the City of Petaluma Public Works Department. The plan shall include at least the following items: a) Development of a construction truck route that would appear on all construction plans to limit truck and auto traffic on nearby streets. b) Comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak traffic hours, detour signs if required, lane closure procedures if required, sidewalk closure procedures if required, cones for drivers, and designated construction access routes. c) Evaluation of the need to provide flaggers or temporary traffic control at key intersections along the truck route(s) d) Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures would occur e) Location of construction staging areas for materials, equipment and vehicles if there is insufficient staging area within the work zone of the proposed project. f) Identification of truck routes for movement of construction vehicles that would minimize impacts on vehicular and pedestrian traffic, circulation and safety; Applicant: Prepare Construction Management Plan including all measures Comply with all measures during construction _______ Sign. __________ Date Engineering Division: Review and approve Construction Management Plan Periodic inspection to verify compliance _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 70 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed provision for monitoring surface streets used for truck movement so that any damage and debris attributable to the proposed project’s construction trucks can be identified and corrected by the proposed project applicant. g) A process for responding to and tracking complaints pertaining to construction activity, including identification of an on-site complaint manager h) Documentation of road pavement conditions for all routes that would be used by construction vehicles both before and after proposed project construction. Roads found to have been damaged by construction vehicles shall be repaired to the level at which they existed prior to construction of the proposed project. Non-CEQA Recommendations to be Implemented at SPAR Recommendation Haz-7, EVA Design: To ensure that the Bernice Court EVA is continuously available for emergency use, the EVA connection at Bernice Court shall include design measures including, but not limited to bollards, red curb or red pavement striping, no-parking signage, etc., intended to prohibit parking and other obstructions at this EVA access. Final EVA design measures shall be subject to review and approval by the Fire Marshal. Applicant: Prepare final, detail design plans for Bernice Court EVA Engineering / Fire Marshal Review and provide recommendations on Bernice Court EVA design Planning Division / Fire Marshal/ Planning Commission Review and approve Bernice Court EVA design, incorporating City Engineer and Fire Marshal recommendations, pursuant to SPAR _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 71 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed City Engineer/ Building Division: Verify that final SPAR-approved EVA design is included in Public Improvement Plans _______ Sign. __________ Date Recommendation Noise 1A, Ensure “Conditionally Acceptable” Noise Levels: No residential structure should be located closer than the calculated 65 dB CNEL contour. Based on existing rail noise levels, the 65-dBA CNEL noise contour is estimated to occur at approximately 30 feet from the center of the near set of railroad tracks. Based on potential future conditions (assuming increased freight rail traffic), the calculated 65 dB CNEL contour is estimated to be at 54 feet from the center of the near set of railroad tracks. The final design of the Project, to be reviewed at SPAR, should maintain a 54-foot setback from the center of the near set of railroad tracks. Recommendation Noise 1C, Ensure Normally Acceptable Outdoor Noise Exposure: No primary outdoor use area (i.e., the swimming pool and courtyard or active play areas), should be located closer than the calculated 60 dB CNEL contour. Based on existing rail noise levels, the 60-dBA CNEL noise contour is estimated to occur at approxi mately 60 feet from the center of the near set of railroad tracks. Based on potential future conditions (assuming increased freight rail traffic), the calculated 60 dB Ldn contour is approximately 109 feet from the tracks. The final design of the Project, to be reviewed at SPAR, shall not locate any primary outdoor use areas (i.e., the swimming pool and courtyard or active play areas) closer than 109 feet from the Applicant: Prepare final Site Plans demonstrating that: a) No residential structure is located closer than the future condition 65 dB CNEL contour, estimated to be at 54 feet from the center of the near set of railroad tracks. b) No primary outdoor use area is located closer than the calculated future condition 60 dB CNEL contour, estimated to be at 109 feet from the center of the near set of railroad tracks. _______ Sign. __________ Date Planning Division / Planning Commission: Review and approval of Site Plan and setbacks from rail centerline, pursuant to SPAR _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 72 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed center of the near set of railroad tracks. Alternatively, the Revised Project’s final design should incorporate noise attenuation into the design of any primary outdoor use areas closer than 109 feet that may include a fence or wall measuring at least 6 feet high and subject to SPAR approval, or placing primary outdoor use areas on the opposite side of a residential structure from the rail line. Building/ Planning Division: Verify that final SPAR-approved Site Plan setbacks from rail centerline are maintained in building permit applications _______ Sign. __________ Date Recommendation Noise-1B, Noise Insulation: Prior to approval of building permits, a qualified acoustical consultant shall review final designs for floor plans and exterior elevations for construction of all residential buildings within the Project site. The design level acoustical report shall provide specific noise control treatment to achieve interior noise levels of 45 dBA or lower. The acoustical consultant shall identify and include on the plans and specifications for the Project, those specific noise insulation treatments (i.e., sound rated windows and doors, sound-rated wall construction, acoustical caulking, protected ventilation openings, stucco siding, thicker walls, bedroom orientation, etc.) that are to be applied. Applicant: Retain Acoustical Consultant Acoustical Consultant: Identify and include on the plans and specifications for the Project, those specific noise insulation treatments to be applied to achieve interior noise levels of 45 dBA or lower _______ Sign. __________ Date Building/ Planning Division Verify that noise insulation treatments are included in building permit documents prior to issuance of building permits _______ Sign. __________ Date Recommendation Noise 2, Avoidance/Vibration Attenuation Measures (as amended): The Project should Building Division: Review and approve all building permits in Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 73 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed incorporate the following vibration avoidance or reduction strategies as part of its final design and/or construction. a) The Revised Project’s proposed 54-foot residential set back from the centerline of the nearest set of rails more than adequately meets the FTA 75 VdB criteria for the “occasional” SMART train events that now occur and that is expected to occur in the future (i.e., between 30 and 70 SMART trains per day), and should be retained. b) The Revised Project’s proposed 54-foot residential set back from the centerline of the rails is also adequate to meet the FTA 80 VdB criteria for the “infrequent” heavy freight rail traffic that now occurs and that is expected to occur in the future. This 54-foot setback also accommodates an additional “penalty” threshold (down to the “occasional event” criteria of 75 VdB) to address the potential for longer duration and/or nighttime vibration events, and should be retained. c) To address an even more conservative vibration criterion as was applied in the NCRA Russian River Freight EIR, the City of Petaluma could consider an additional “penalty” threshold to meet the “frequent event” criteria of 72 VdB, which occurs at approximately 100 feet from the rail centerline. To meet this more stringent criterion, structural design measures could be incorporated into the design and construction of residential buildings located closer than 100 feet from the tracks, as necessary to reduce groundborne vibration to below the 72 VdB criteria. Special building methods can be incorporated to reduce groundborne vibration from being transmitted into project structures. accordance with required measures _______ Sign. __________ Date Applicant: Prepare final Site Plans demonstrating that: a) No residential structure is located closer than the established VdB criteria, OR b) Identify special building methods to be incorporated to reduce groundborne vibration in excess of established criteria from being transmitted into project structures _______ Sign. __________ Date Planning / Building Division / Planning Commission Review and approval of Site Plan and setbacks from rail centerline, pursuant to SPAR _______ Sign. __________ Date Verify that final SPAR-approved Site Plan setbacks and/or special building methods incorporated in building permit applications _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9 Attachment 1, Exhibit A Conditions of Approval & MMRP Sid Commons Apartment Project July 22, 2025 74 Mitigation Measure Responsible Party Implementation Completion: Signature Date Completed Recommendation Transp-B, Introduce Traffic Calming and Enhance Livability along Graylawn Avenue and Jess Avenue: The Revised Project shall implement a Traffic Calming Plan, which may include bulb outs, street tree planting, pavement marking and other roadway livability improvements and traffic calming features to minimize conflicts with “livability” standards for local streets that exceed the 2,000 ADT design standard for this roadway. Prior to SPAR review at the Planning Commission, the applicant shall coordinate with City Public Works staff on the preferred Traffic Calming approach and design (anticipated to be similar in nature to Concept 3 as shown in the conceptual Traffic Calming Plan of Appendix A). The preferred Traffic Calming Plan shall be shown on the plan set for SPAR review. The Public Improvement Plan set for the Revised Project shall include the finalized Traffic Calming Plan. Applicant: Applicant to coordinate with Public Works staff on the preferred Traffic Calming approach _______ Sign. __________ Date Planning Division / Planning Commission Review and approval of preferred Traffic Calming Plan, pursuant to SPAR _______ Sign. __________ Date Applicant: Include the finalized Traffic Calming Plan. On the Public Improvement Plan set _______ Sign. __________ Date City Engineer: Verify that final Traffic Calming Plan is incorporated into Public Improvement Plans prior to issuance of permits _______ Sign. __________ Date Docusign Envelope ID: 8EF7A111-8EFB-4A3E-851B-4EC56030C3C9