Notice of Intent to Request Release of Funds and Final Notice and Public Explanation of a Proposed Activity in a 100-Year Floodplain

National Environmental Policy Act - Notice of Intent to Request Release of Funds to the U.S. Department of Housing and Urban Development for the project known as CommonSpace ADU HOME Project located in Sebastopol, CA

 *Para información en Español sobre este aviso por favor comuníquese con Veronica Ortiz-De Anda llamando al 707-565-7520 o por correo electrónico a: Veronica.OrtizDeAnda@sonoma-county.org.

 To: All Interested Agencies, Groups, and Individuals

 This Notice shall satisfy the above-cited two (2) separate but related procedural notification requirements for activities to be undertaken by the Sonoma County Community Development Commission (Commission).

 REQUEST FOR RELEASE OF FUNDS

 On or about August 28, 2024, the Commission will authorize the CommonSpace Community Land Trust (CLT) to submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of HOME funds for improvements to a partially developed site to provide two (2) units of affordable housing for low-income and very-low-income individuals and/or families. Improvements would include remodeling the existing single-family residence into a duplex by expanding the primary residence and converting an existing bedroom into a Junior Accessory Dwelling Unit (JADU), and constructing a new detached Accessory Dwelling Unit (ADU).The project, referred to as the CommonSpace CLT Sebastopol HOME Project, is located at 1809 Cooper Road, Sebastopol, Sonoma County, California. The Commission is requesting $112,489 of funding from HUD. The total project cost is estimated to be $551,489.

The activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act (NEPA) requirements. An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file and digital copy may be requested via email by contacting the Responsible Entity (RE) at Veronica.Ortiz-DeAnda@sonoma-county.org or by calling Veronica Ortiz-De Anda at (707) 565-7520.

 FINAL NOTICE AND PUBLIC EXPLANATION OF A PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN

 The Commission has conducted an evaluation as required by Executive Order 11988, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management, to determine that the potential affect that its activity in the floodplain will have on the human environment.

 As proposed, the project qualifies as a federal undertaking in that the project seeks funds from the U.S. Department of Housing and Urban Development (HUD) under the HOME Investment Partnership Program (HOME) for improvements to a partially developed site to provide two (2) units of affordable housing for low-income and very-low-income households. A federal environmental review is required and is being prepared pursuant to 24 CFR Part 58. The Commission is acting as the Responsible Entity (RE) under 24 CFR Part 58.

 The proposed project to be developed by CommonSpace Community Land Trust (CLT) would be located at 1809 Cooper Road, Sebastopol, Sonoma County, California, on the approximate 3.09-acre parcel identified as Assessor’s Parcel Number (APN): 063-250-041 (Site). Pleasant Hill Creek is located along the western edge of the parcel; however, no wetlands are present at the Site.

 Improvements for the project would include remodeling the existing 1,422 square-foot single-family residence into a duplex by expanding the primary residence and converting an existing bedroom into a Junior Accessory Dwelling Unit (JADU), and constructing a new detached Accessory Dwelling Unit (ADU). With the proposed expansion, the single-family residence and JADU would be a total of 1,822 square feet. Expansion of the residence would occur within the previously disturbed area of the carport to be removed.

 The 749 square-foot detached ADU would be ADA-accessible and would have two (2) bedrooms. The ADU would be installed in a previously disturbed area and would be accessed via a gravel path. Aside from removal of the existing carport, no structures would be removed. Additionally, the on-site septic system that serves existing development would be improved through conversion of the leach field from a trench system to a sand mound system.

 According to the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) panel number 06097C0718F (effective 10/16/2012), the majority of the Site is located within Zone “AE,” or the Special Flood Hazard Area (SFHA). Zone “AE” at the Site has a Base Flood Elevation (BFE) of 78 feet. The Site is approximately 3.09 acres, and the majority of the Site is located within the 100-year flood, aside from a small portion of the southeast corner of the Site that is located within Zone “X” (shaded). However, according to the Federal Flood Standard Support Tool, developed by the National Climate Task Force’s Flood Resilience Interagency Working Group (2024), the portions of the Site where work would occur are not located within the Federal Flood Risk Management Standard (FFRMS) flood hazard area.

 The Commission has considered the following alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values:

 The Commission has determined that the project is the preferred alternative. An alternative site would have required that CommonSpace CLT purchase an additional site at an infeasible cost. Furthermore, as the majority of the Site, aside from a small portion of the southeast corner, is located within the 100-year flood, an alternative design at the Site would not locate construction outside of the floodplain mapped by FEMA. The no action alternative was removed from consideration because it would not provide additional affordable housing.

 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 (Establishing a Federal Flood Risk Management Standard and a process for Further Soliciting and Considering Stakeholder Input). To comply with the Final Rule, the project utilized the Freeboard Value Approach, and therefore utilized a flood hazard area of the BFE plus an additional two (2) feet for this project. As such, the FFRMS flood hazard area utilized for the project analysis is 80 feet. The portions of the Site where work would occur are not located within the FFRMS flood hazard area, as determined by the Federal Flood Standard Support Tool, developed by the National Climate Task Force’s Flood Resilience Interagency Working Group (2024). The area where the proposed ADU would be installed is at an elevation of 83.78 feet.  The area where improvements to the leach field would occur is at an elevation of at least 82 feet. On October 17, 2023, a LOMA was granted by FEMA, finding the existing single-family residence to be out of the 100-year flood, as it is at an elevation of 84.8 feet. Although majority of the Site is mapped as within the 100-year flood as mapped on the FEMA FIRM, areas of the Site where work would occur are above the 80-foot FFRMS flood hazard area, and there is no know history of flooding occurring at the Site. Additionally, best management practices (BMPs) would be incorporated into the project, such as placing wattles around the perimeter of areas where work would occur, to prevent erosion and runoff during construction. As such, there would be no direct or indirect impacts to the floodplain associated with loss of life, property, or beneficial floodplain values.

 As a LOMA finding the existing single-family residence to be out of the 100-year flood was granted by FEMA, no mitigation is required for the single-family residence. Although the area where the ADU would be installed is above the 78-foot BFE of the 100-year flood and the 80-foot FFRMS flood hazard area, it is mapped as within the 100-year flood on the FEMA FIRM. As such, after construction of the ADU and prior to occupation, CommonSpace CLT shall complete one of the following actions: (1) obtain a determination from FEMA finding that the ADU is out of the 100-year flood, such as a LOMA, Letter of Map Revision (LOMR), or equivalent documentation, and maintain flood insurance until the LOMA, LOMR, or equivalent documentation has been issued by FEMA; or (2) acquire and maintain flood insurance coverage under the National Flood Insurance Program for the ADU for the lifetime of the structure in order to mitigate possible flood damage. Additionally, mitigation measures shall be implemented to protect future occupants of the Site, including informing occupants that the project is located in a floodplain, recommending tenants obtain renter’s insurance, and developing an evacuation plan. As a LOMA finds the single-family residence to be out of the 100-year floodplain and the FFRMS flood hazard area and the mitigation above would be required for occupancy of the ADU, the project would not cause an adverse risk to loss of lives and property.

 In compliance with Executive Order 11988, the Commission has reevaluated the alternatives to building in the floodplain and has determined that there is no practicable alternative. Environmental files that document compliance with steps 3 through 6 of Executive Order 11988 are available for public inspection, review, and copying upon request at the times and location delineated in the last paragraph of this notice for receipt of comments.

 There are three primary purposes for this notice.  First, people who may be affected by activities in floodplains and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas.  Commenters are encouraged to offer alternative sites outside of the floodplain, alternative methods to serve the same project purpose, and methods to minimize and mitigate impacts.  Second, an adequate public notice program can be an important public educational tool. The dissemination of information and request for public comment about floodplains can facilitate and enhance Federal efforts to reduce the risks and impacts 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, it must inform those who may be put at greater or continued risk.

 Written comments must be received by the Commission at the following address on or before August 27, 2024: Sonoma County Community Development Commission, 1440 Guerneville Road, Santa Rosa, CA 95403-4107, Attention: Veronica Ortiz-De Anda, during the hours of 8:00 AM to 5:00 PM, Monday through Friday or by calling (707) 565-7520. Comments can also be emailed to: Veronica.Ortiz-DeAnda@sonoma-county.org. Comments delivered in-person can be dropped in the outdoor box located on the wall next to the main entryway.

 PUBLIC COMMENTS

 Any individual, group, or agency may submit written comments on the ERR to the Commission, with attention to Veronica Ortiz-De Anda at Veronica.Ortiz-DeAnda@sonoma-county.org or by mail at 1440 Guerneville Road, Santa Rosa, CA 95403. All comments received by August 27, 2024 will be considered by the Commission prior to authorizing submission of a request for release of funds. Comments delivered in-person can be dropped in the outdoor box located on the wall next to the main entryway.

 ENVIRONMENTAL CERTIFICATION

 The 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 CommonSpace CLT to use Program funds. 

 OBJECTIONS TO RELEASE OF FUNDS

 HUD will accept objections to its release of fund and the 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 Commission; (b) the 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 HUD; 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 can either be submitted by mail or email. Objections submitted by mail shall be sent to the following address:

Objections submitted by email shall be sent to the HUD grant administration office at: RROFSFRO@hud.gov. Potential objectors should contact the San Fransisco Regional Office via email at RROFSFRO@hud.gov to verify the actual last day of the objection period.