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Combined Notices Finding of no Significant Impact (FONSI), Notice of Intent to Request Release of Funds (NOI-RROF), and Final Notice and Public Review of a Proposed Activity in a 100-year Floodplain and Wetland
Published: February 10, 2025
These combined notices satisfy three separate but related procedural requirements for project activities proposed to be undertaken by the Sonoma County Community Development Commission and as a result, the comment periods for the FONSI, NOI-RROF and Final Notice and Public Explanation of a Proposed Activity in a 100-Year Floodplain/Wetland have been combined.
Request For Release of Funds
On or about February 27, 2025, the Sonoma County Community Development Commission will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of $1,079,394 of Community Development Block Grant (CDBG) funds as authorized by the Housing and Community Development Act of 1974, Title 1, Part 24, Section 570, Public Law 93. -383m 88 Stat. 633, 42 U.S.C 5301-5321, as amended; the release of $612,751 in Home Investment Partnerships (HOME) program funds, as authorized by National Affordable Housing Act of 1990, Title II, as amended; and will authorize the Sonoma County Housing Authority to submit a request to HUD for the release of 14 Project-Based Section 8 Vouchers as authorized by the United States Housing Act of 1937, Section 8 (c)(9), as amended, to undertake a project known as Dry Creek Commons for the purpose of providing affordable housing.
The Proposed Action (i.e., the Dry Creek Commons project or project) involves the construction of a 58-unit affordable rental housing project on a portion of an approximately 3.7-acre vacant lot located at 155 Dry Creek Road, Healdsburg, California. The project site includes a single vacant 3.53-acre City-owned parcel (Assessor Parcel Number 089-071-002) and a 0.17-acre off- site improvement area along the Dry Creek Road frontage. The project would construct two, four-story, all-electric apartment buildings totaling approximately 61,470 gross square feet.
A parking lot with 104 car parking spaces would be located on the east side of the project site with access to Dry Creek Road. The project would widen Dry Creek Road to accommodate a second westbound through lane and build a new landscaped, pedestrian-friendly streetscape along Dry Creek Road with a sidewalk and lighting along the project frontage. Foss Creek and its associated 35-foot-wide riparian corridor setback form the western boundary of the project site. Landscaping, pedestrian pathways, open space, and play areas for future tenants would be developed between the buildings and along their western edge overlooking the Foss Creek watershed and riparian corridor. Project construction would require approximately 2,500 cubic yards of soil to be cut and used onsite as fill, and approximately 2,800 cubic yards of additional soil import. All of the units, except for the on-site manager’s unit, would be available to extremely low, very-low, and low-income households earning between 30 percent and 60 percent of the area median income for Sonoma County and therefore be 100 percent affordable. The project is being proposed by Burbank Housing Development Corporation, an affordable housing developer.
The project’s construction activities are expected to occur over a period of approximately 12 to 18 months. Construction vehicle access to the project site would be provided along Dry Creek Road at the location of the proposed driveway. The total project cost is estimated to be
$51,898,814.
Estimated federal funding to be awarded:
Project Based Vouchers: 14 (value of award $2,819,760)
Final Notice and Public explanation of a Proposed Activity in the Federal Flood Risk Management Standard Floodplain (FFRMS-100-year Floodplain) and Wetland
The Sonoma County Community Development Commission has conducted an evaluation as required by Executive Order 11988 and 11990, in accordance with HUD regulations at 24 CFR
55.20 Subpart C, Procedures for Making Determinations on Floodplain Management and Wetlands Protection and in accordance with new HUD guidance effective July 1, 2024. As the action will include new construction in a floodplain and a wetland, Executive Orders 11990 and 11988 require that the project not be supported if there are practicable alternatives to development in floodplain and new construction in wetlands.
On April 23, 2024, HUD published its Final Rule, Floodplain Management and Protection of Wetlands; Minimum Property Standards for Flood Hazard Exposure; Building to the Federal Flood Risk Management Standard, which revises HUD’s implementing regulations governing floodplain management to implement to FFRMS in accordance with Executive Order 13690. To comply with the Final Rule, the project utilized the Freeboard Value Approach, and therefore utilized a flood hazard area of the base flood elevation plus an additional two (2) feet for this project, 136.2 feet.
Although the project site is within the FFMRS (100-year floodplain; Zone AE), and an identified wetland, the project has been designed to minimize effects on floodplain and wetland values.
Additionally, steps were taken to minimize risks to human life and property via building and site design, evacuation plans, construction methods, construction of stormwater detention basin, and wetland creation. This project is aimed to mitigate future flooding and assist with existing functional flood plain management.
Alternatives to the project considered different configurations of buildings on the project site to avoid the floodplain and wetlands and other parcels of land within the City that are not within a floodplain or wetlands. However, the proposed configuration of development provides the least impact on floodplain and wetlands, and the greatest protection to future on-site residents. There are no other vacant or underutilized, residentially designated sites owned by the City within existing City limits that could be developed. As previously stated, any other sites meeting the site selection criteria are unavailable as viable alternatives as they have been subsequently approved for development, are occupied by single family homes, or are privately-owned and unavailable for sale. A “No Action” alternative is impracticable because it will not satisfy the need to provide affordable rental housing within the City. Before building occupancy, a Conditional Letter of Map Revision and a final Letter of Map Revision based on fill would be obtained from FEMA to amend the flood zone. Until these are obtained, the project will maintain flood insurance.
The project would remove a total of approximately 0.25 acre of existing wetlands and avoid approximately 0.32 acre of wetlands. The project would construct approximately 0.41 acre of new functional wetlands on the western and northern portions of the project site as compensation for the loss. Wetlands would be replaced at an approximately 1.64 to 1 ratio for a total of approximately 0.73 acre of on-site wetlands. An environmental mitigation measure has been imposed on the project requiring the Developer to obtain a Section 404 Nationwide Permit from the U.S. Army Corps of Engineers along with a Section 401 Water Quality Certification from the Regional Water Quality Control Board for the approximately 0.25-acre impact to the wetlands.
There are three primary purposes for this notice. First, people who may be affected by activities in floodplains/ wetlands and those who have an interest in the protection of the natural environment have an opportunity to express their concerns and provide information about these areas. Second, adequate public notice is an important public education tool. The dissemination of information and request for public comment about floodplains/ wetlands can facilitate and enhance federal efforts to reduce the risks associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the federal government determines it will participate in actions taking place in floodplains/ wetlands, it must inform those who may be put at greater or continued risk.
Finding of no Significant Impact
The Sonoma County Community Development Commission prepared an Environmental Assessment in accordance with the National Environmental Policy Act of 1969 (NEPA) and HUD environmental review regulations at 24 CFR Part 58. The Sonoma County Community Development Commission has determined that this project, as proposed, is not an action which will result in a significant impact on the quality of the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 is not required.
Public Review
The environmental review record documents, including the draft Environmental Assessment and Floodplain Management & Protection of Wetlands Determination documents, are available for public review at the Sonoma County Community Development Commission, 141 Stony Circle, Suite 210, Santa Rosa, CA 95401 and may be reviewed weekdays 8:00 A.M to 5:00 P.M. A copy of the environmental review can be requested via email to: Veronica.Ortiz-DeAnda@sonoma- county.org.
Public Comments on the Proposed Activity Within Floodplain and Wetland, FONSI, and/or NOI-RROF
Any individual, group, or agency may submit written comments on the proposed action. Comments can be sent to Veronica Ortiz-De Anda by mail to Sonoma County Community Development Commission, 141 Stony Circle, Suite 210, Santa Rosa, CA 95401 or emailed to: Veronica.Ortiz-DeAnda@sonoma-county.org. Comments should specify which Notice they are addressing. All comments received before 5:00 P.M. on or before February 26, 2025, will be considered by the Sonoma County Community Development Commission prior to authorizing submission of a request for release of funds. If modifications result from public comment, these will be made prior to proceeding with the expenditure of funds.
Environmental Certification
The Sonoma County Community Development Commission certifies to HUD that Michelle Whitman, Certifying Officer, in her capacity as Executive Director of the Commission, consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows Burbank Housing Development Corporation to use Program funds.
Objections to Release of Funds
HUD will accept objections to its release of fund and the Sonoma County Community Development Commission’s certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the Sonoma County Community Development Commission; (b) the Sonoma County Community Development Commission has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR part 58; (c) the grant recipient or other participants in the development process have committed funds, incurred costs or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by US Department of Housing and Urban Development; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to HUD San Francisco Regional Office at One Sansome Street, Suite 1200, San Francisco, CA 94104. Objections can be emailed to the HUD grant administration office at: RROFSFRO@hud.gov. Potential objectors should contact HUD via email at RROFSFRO@hud.gov to verify the actual last day of the objection period.