Talus LLC Update, September 3, 2021

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Dear Community Members,

I want to thank community members for inviting me to meet in the neighborhood and discuss the impacts of the Talus development project in Marinwood. My office continues to work expeditiously with County staff and the developer to address community concerns and provide information.

As I have shared, this project’s approvals, beginning in 2005, pre-date my time as a Supervisor but only now are coming to fruition. I view my role as representing you, the community members.

This letter is intended to serve as a status update and does not signify a resolution to all the issues raised. We will continue to work on issues brought to light including issues encompassed by dust, water, days and hours of operation, health and safety, nature and wildlife, traffic, property damages, and future development plans.

Mass grading work is near completion pending the developer’s ability to secure approvals for tree removal and landscaping. They will be shifting to the installation of winterization measures which will include drainage elements associated with hillside stability and stormwater, erosion and sediment control measures and stabilization of graded slopes. 

Once this work is completed, we expect dust, traffic, and noise to be significantly reduced. The next phase of construction – the extension of Erin Dr., installation of Erin Dr. drainage and utilities, and roadway surfacing - is awaiting approval and is contingent on local utility companies approving construction level plans. This phase of construction is expected to generate less dust but will be a construction inconvenience.

The concerns raised are being addressed through multiple avenues including the attached letter from the Marin County Department of Public Works (DPW) to the developer’s Project Manager, Rob Parish. The County is requiring changes to the Construction Management Plan (CMP), as set forth below. Issues not addressed in the CMP are being addressed through other avenues.

I. CONSTRUCTION MANAGEMENT PLAN (CMP)

Upon reviewing the conditions of approval, the construction timeline, and considering the concerns raised, the Department of Public Works (DPW) Land Development, along with the Community Development Agency’s (CDA) Planning Division are requiring the following amendments to the Construction Management Plan.

  1. Saturday Work:

    a. No Saturday Work Labor Day Weekend, Saturday, September 4, 2021.

    b. Beginning the week of Monday, September 13, 2021, any Saturday work shall be at CDA’s discretion. The Applicant will need to submit a request at CDA at least two weeks ahead of time and commit to notifying the neighbors at least one week ahead of time with respect to proposed Saturday grading work relating to specific subdivision improvements. All environmental compliance and reactive measures shall not be subject to this time limit.

  2. Construction Traffic: Minimize Construction Deliveries and Street Sweeping during Miller Creek Middle School drop-off and pick up times:

    a. Monday through Friday mornings, from 7:30 a.m. to 8:30 a.m.
    b. Monday, Tuesday, Thursday and Friday afternoons, from 2:30 p.m. to 3:15 p.m.
    c. Wednesday afternoons, from 12:50 to 1:35 p.m.

  3. Street sweeping shall take place daily, or at a greater frequency to address material tracked off site by water trucks.

  4. Stabilized construction entrance shall be improved and maintained to perform as intended.

II. HEALTH & SAFETY

Ensuring the health and safety of the community is the top priority. To ensure soil stability the developer plans to take additional and early measures including:

The developer is required to secure approval from PG&E prior to crossing over utility lines and ensure that equipment does not compromise the structural integrity of utility lines. The developer cannot perform work within a 5’ setback from the utility line. If necessary, a PG&E representative must be present on-site to oversee the work. I have been assured that the developer has received permission to cross over but not perform work above gas lines.

Residents have expressed concerns regarding soil toxicity. Soil toxicity was evaluated the Environmental Impact Report (EIR). Naturally Occurring Asbestos (NOA) was not identified as a concern. Geotechnical engineers are on site monitoring the operations. If toxic materials were to be detected there are protocols in place to report the materials and stop work. 6-foot-high dust screens are in place surrounding the development.

Regarding idling equipment, the grading permit issued includes a series of Conditions of Approval (COA) that includes, “Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California of Regulations). Clear signage shall be provided for construction workers at all access points.”

III. TREE REMOVAL & WILDLIFE

Community members have expressed interest in preserving trees onsite. County staff has received a request to remove additional trees from the property and have requested the developer’s landscaping plans to be submitted as part of the permit review process. Currently, the County is awaiting the landscaping plan.

Issues regarding aggressive wildlife behavior should be relayed to the Marin Humane Society at 415-883-4621.

IV. PROPERTY DAMAGE & INCIDENTALS

In speaking with the Project Manager Rob Parish, he expressed a willingness to work with neighbors to address property damage caused by the construction. I encourage community members to bring claims forward to the developer. Examples discussed include hiring a cleaning service. I encourage community members to document any damages and relay them to the developer.

V. RECLAIMED WATER

The developer is working with MMWD and County Staff on approval of their landscaping plan that may facilitate grading and diminish the amount of dust produced through onsite sourcing of recycled water. My understanding is that landscaping for the new homes will ultimately be required to use recycled water from an onsite source.

At this time, the timing of when the onsite source will be created is unclear vis a vis completion of the project. Some neighbors have advocated for that source to be created now as a means of eliminating the need to truck recycled water onto the site as part of grading. Discussions with the developer and MMWD are ongoing, but reading the tea leaves, it’s unlikely that onsite sourcing (approval and completion) of a recycled water line will align with the timeline for the completion of rough grading work.

VI. IMPACTS RELATED TO FUTURE HOME CONSTRUCTION

Community members have raised questions regarding the floor size, style, height, and privacy impacts related to this development. These issues will be addressed as part of a Design Review process (previously known as a Precise Development Plan or PDP).

As I shared in my July 2021 update, in 2009, the Marin County Planning Commission approved the Oakview Vesting Tentative Map and PDP. These plans authorized the Talus Reserve parcel to be subdivided and developed into 28 single-family homes east of Erin Drive. Six of the 28 homes are deed-restricted affordable housing units and five of the market-rate homes are required to include Accessory Dwelling Units.

After approval of the Vesting Tentative Map and PDP, several extensions were granted in conformance with state law and the Marin County Code. The final extension set the vesting deadline to March 9, 2020, which was subsequently augmented by virtue of COVID-related state law to September 9, 2021.

On February 19, 2020, the Talus Reserve Final Map was submitted to the Marin County Surveyor and vested. Vesting the PDP must occur before September 9, 2021. However, a number of items related to PDP approval have not been fulfilled by the developer. Given the current project timeline, it is not anticipated that the vesting requirements will be fulfilled prior to the PDP expiration date.

What this means: As a result of a vested Final Map and a non-vested PDP, the size and number of lots have been finalized but the size and shape of the homes are yet to be determined. Securing a PDP for the homes will require noticing and a public comment period. Concerns regarding the floor area, height, privacy, and style of homes can be addressed during this comment period.

VII. CONCLUSION

I will continue to meet with community members, County staff, and the developer to address the issues and concerns raised. I plan to continue to provide information and progress updates as appropriate. I welcome hearing from you and scheduling another meeting with neighbors.

Sincerely,

dc

Damon Connolly

District 1, Marin County Board of Supervisors

3501 Civic Center Drive, Suite 329, San Rafael, CA 94903

dconnolly@marincounty.org

For general inquiries or requests regarding grading activity, you can email DPWTalusGP@marincounty.org.

For non-emergency issues you may also contact:

Community Development Agency
Jeremy Tejirian, Planning Manager, 415-473-3798

Department of Public Works
Berenice Davidson, Principal Civil Engineer, 415-473-3770

Domain Real Estate Partners
Robert Parish, Project Manager, 916-802-4771

Ghilotti Construction Company
Fred McDonald, Site Supervisor, 707-479-3371

Wildlife Management
Marin Humane Society: 415-883-4621

District Aide: Mary Sackett
Direct Tel: (415) 473-7354 
Email: msackett@marincounty.org

District Aide: Gustavo Goncalves
Direct Tel: (415) 473-7342 
Email: ggoncalves@marincounty.org

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