a. If a release of hazardous substance is found to exist on the site, the release shall be removed, or any significant effect of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements.

b. If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (Ord. 1079 § 14, 2024; Ord. 1078 § 13, 2024)

a. All utilities shall be placed underground.

b. The project site shall obtain sewer and water connection permits and shall connect to the public sewer and water.

c. The applicant shall apply for, provide and install all utility connections to existing systems as may be required by the serving utility companies to provide service to the project and “will serve” letters shall be submitted to the City.

d. A public sewer extension may be required. Connections to the public sewer will require obtaining sewer connection permit(s) from the Sanitary District and the side sewers must be installed in accordance with the District's specifications.

a. The applicant shall employ basic construction mitigation measures and additional construction mitigation measures identified in the most recent Bay Area Air Quality Management District CEQA Air Quality Guidelines to reduce dust and particulate matter. The measures shall be included on the construction management plan submitted to the Building Department.

b. The applicant or prime contractor shall designate in the construction contract a person at the superintendent level or higher to be the dust-control coordinator, subject to approval of the Community Development Director, and shall provide this person’s telephone number to the Remillard Cottage Children’s Daycare Center personnel and surrounding homeowner’s associations, and post this information on site, in the nearby parks, commercial and office buildings and apartment buildings. This person shall respond to complaints within twenty-four (24) hours or less and have the authority to take corrective action.

a. Holman & Associates (2000) previously extensively investigated the site designated CA-MRN-255/H, which is partly on the project site, with the remainder located on the adjacent Remillard Brick Kiln property to the southeast. The extensive investigations documented in the reports prepared by Holman & Associates provide sufficient information about the archaeological resources on the project site and no additional archaeological investigation is required.

b. Any project at site D Assessor’s Parcel Number 018-260-03 shall comply with measures in Larkspur Municipal Code Chapter 15.42, Archaeological Resources.

c. Prior to issuance of a building permit, an experienced and qualified archaeologist shall review the site, project plans, and prior archaeological reports prepared for the site and identify any areas where an experienced and qualified archaeologist must be present for earthmoving activities, ground drilling, grading, excavation, and foundation placement. If any excavation is proposed within twenty-five (25) feet of an area where important archaeological resources may be present, the qualified archaeologist must be present for continuous monitoring of removal of soils, including observation of soils in their stratigraphic layers as they are removed. The archaeological monitor shall be permitted to take appropriate samples as warranted. The archaeologist shall be authorized to stop or redirect project activity until an evaluation of the presence and integrity of any identified resource can be made. In the event of discovery of previously undocumented archaeological resources, the project shall implement measures in conformity with Larkspur Municipal Code Chapter 15.42.

d. If monitoring is required, the applicant shall submit evidence that a qualified archaeologist has been retained to provide the recommended monitoring prior to issuance of any building or grading permit.

e. If monitoring is required, a final report shall be prepared describing methods used, results and findings of the archaeological monitoring program. Copies of the final report will be provided to the City of Larkspur and the California Archaeological Site Survey Northwest Information Center.

a. The applicant shall prepare and submit to the City Engineer for review and approval a final geotechnical investigation report for the proposed project buildings prior to or at the same time as building plans are submitted for building permit review and shall demonstrate compliance with all findings and recommendations of past geotechnical reports submitted to the City, unless these recommendations are expressly superseded in the final geotechnical investigation report. Prior to issuance of occupancy permits, a statement from the geotechnical engineer shall be provided verifying that the recommendations of all approved geotechnical reports have been completed.

b. The geotechnical engineer shall verify in writing, to the satisfaction of the Director of Public Works, that future settlement will not affect the design of the storm drain or gutter slopes specified in the grading plan.

a. Prior to issuance of grading permits associated with placement of imported fill, the applicant shall provide certification to the City that the imported fill has been tested and found to contain no California Code of Regulations Title 17 hazardous substances in concentrations exceeding San Francisco Bay RWQCB environmental screening levels, or U.S. Environmental Protection Agency, Region IX preliminary remediation goals for residential sites.

b. For site D Assessor’s Parcel Number 018-260-03: Tubb Lake is located less than one hundred (100) feet upslope from the site's northeastern boundary. The reservoir embankment is about twenty (20) to twenty-five (25) feet higher than the downstream toe. The reservoir covers an area of about one-half (0.5) acre, with a maximum depth of about thirteen (13) feet. When full, it is estimated that the reservoir holds about three and eight-tenths (3.8) acre per foot of water. If the dam were to fail, it could flood the area downslope. The applicant is encouraged to design a plan to route water from Tubb Lake in the event of a dam failure.

c. Prior to issuance of a building permit, installation plans for fire hydrants shall be submitted for review and approval along with evidence that they have been reviewed and approved by Marin Water.

a. The applicant shall comply with Larkspur Municipal Code Chapter 9.11, Runoff Pollution Prevention.

b. An engineered drainage plan shall be required. Drainage shall be designed so that it does not exceed the capacity of the thirty-six (36) inch culvert under East Sir Francis Drake Boulevard.

c. The drainage plan shall consider the through-flow from the watershed upstream. Approximately twenty (20) acres of open space, which includes Tubb Lake, is located upslope and drains through the grassy swale along the southeast property boundary of the site.

d. For site D Assessor’s Parcel Number 018-260-03: The applicant shall address the impacts on adjacent property owners of the one hundred (100) year frequency storm to the satisfaction of the Director of Public Works.

e. The applicant shall demonstrate the adequacy and/or need for on-site detention in regard to the impact on storm drain flows from the project to the satisfaction of the Director of Public Works.

a. The applicant shall submit a traffic analysis for any project prior to issuance of a building permit. City traffic impact fees (Larkspur Municipal Code Chapter 18.15) shall be paid prior to occupancy.

b. Any access from adjacent roadways is subject to review and approval of the Public Works Director and an encroachment permit shall be required.

c. Any roads within the project shall be offered for dedication to the City of Larkspur and public access and public utility easements shall be provided, which shall be recorded prior to final or prior to occupancy, whichever is requested first.

d. For site D Assessor’s Parcel Number 018-260-03: Unless waived by the Director of Public Works, improvement plans shall include a pedestrian crosswalk on Larkspur Landing Circle East at the project entrance. The location of the sidewalk shall be approved by the Director of Public Works.

e. Improvement plans shall include clear and high-quality, ADA-compliant path of travel from the bus stop to the development entrance.

f. For site D Assessor’s Parcel Number 018-260-03: Plans shall include a road and sidewalk connection from Larkspur Landing Circle to Drakes Cove Way, which connects to Drakes Cove Road.

g. The applicant shall submit a traffic consultant’s report verifying building and encroachment permit plans for road, path and sidewalk design have appropriate safety features such as stop signs, warning lights, low vegetation, etc. based on state or nationally recognized guidelines.

a. No construction or grading work is permitted in the northeast corner of the site designated on the City land use plan as open space. City-approved landscape work is permitted in this area.

b. The site contains area that meets the criteria to be potential wetlands and nonwetland waters. All potential wetlands and nonwetland waters are considered to be potential jurisdictional features under Clean Water Act (CWA) Section 404. The project applicant shall obtain verification of wetland delineation by the U.S. Army Corps of Engineers (USACE) and concurrence from the Regional Water Quality Control Board (RWQCB). If Clean Water Act Section 401 or 404 permits are deemed necessary by USACE or RWQCB, the applicant shall comply with any conditions specified in the permits.

c. Landscaping shall be installed prior to the issuance of any final occupancy permit or final inspection, whichever is requested first.

d. Tree Replacement. The Community Development Director may modify these standards if necessary to comply with fire vegetation management standards.

a. After the City determines any land required for dedication and/or in-lieu fee payment by the developer under Larkspur Municipal Code Chapter 17.13, the developer may apply to the City Manager for permission to construct specified park and recreation improvements at Tubb Lake Park, such as paths or other amenities. If the City Manager grants the developer permission for construction of specified parks and recreation improvements on the land, the City shall fix the dollar value of the parks and recreation improvements. The dollar value of park and recreation improvements provided by the developer shall be credited against the fees required by Larkspur Municipal Code Chapter 17.13.

b. No construction is permitted in the forty-six thousand three hundred sixty-two (46,362) square feet of park dedication area for open space, as designated in the Precise Development Plan Sheet A.1.

c. Public Access Easement and Pedestrian Paths to Miwok Park. The applicant shall dedicate an easement for public access prior to issuance of a building permit to guarantee public access to Miwok Park. Pedestrian paths shall be provided to the existing boundary of Miwok Park, and the Miwok Park access easement on the property to the north (APN 18-191-45). Design of the pedestrian paths shall be subject to review and approval of the Director of Public Works and Director of Parks and Recreation.

d. Plans submitted for building permit shall include three regulation-size parking spaces adjacent to Lincoln Village Circle to allow people to park and walk up to Miwok Park.

a. U.S. Army Corps of Engineers (USACOE) (CWA Section 404 permit);

b. USFWS, National Marine Fisheries Service (biological opinion/incidental take permit);

c. CDFG (Section 1602 lake and streambed alteration agreement);

d. San Francisco Bay RWQCB (CWA Section 401 permit);

e. San Francisco Bay Conservation and Development Commission (BCDC) (administrative permit);

f. Sonoma Marin Area Rail Transit (encroachment permit);

g. Marin County Flood Control (easement);

a. Implementation of on-site restoration, including a monitoring and long-term management component.

b. Conservation of habitat on site.

c. Purchase of habitat credits at an off-site mitigation bank if on-site restoration and/or conservation of habitat on site is deemed not suitable by a qualified biologist due to site constraints and/or vegetation.

a. A description of California clapper rail, salt marsh harvest mouse, tidewater goby, central California coast steelhead, and central California coast coho salmon and their habitats.

b. The occurrence of these species within the study area, an explanation of the status of these species and protection under the FESA and CESA.

c. The measures that are being implemented to conserve the species and their habitats as they relate to the work site, and the work site boundaries within which construction may occur.

d. A fact sheet conveying this information shall be distributed to the construction personnel and other project personnel who may enter the site.

e. Upon completion of the program, personnel shall sign a form stating that they attended the program and understand all the mitigation measures and implications of the FESA and CESA.

a. All food and food-related trash items shall be enclosed in sealed trash containers and removed completely from the site at the end of each day.

b. No pets from construction and project personnel shall be allowed anywhere in the proposed project work area during construction.

c. No firearms shall be allowed on the project site except for those carried by authorized security personnel or local, State, or Federal law enforcement officials.

d. All equipment shall be maintained in order to prevent leaks of automotive fluids such as gasoline, oils, or solvents. A spill response plan would be prepared. Hazardous materials such as fuels, oils, solvents, etc., shall be stored in sealable containers and designated locations at least one hundred (100) feet (thirty (30) meters) from wetlands and aquatic habitats.

e. Servicing of vehicles and construction equipment including fueling, cleaning, and maintenance shall occur at least one hundred (100) feet (thirty (30) meters) from any aquatic habitat unless they are separated by topographic or drainage barrier or unless they are located at an already existing gas station. Staging areas may occur closer to the project activities as required.

f. Construction in inundated drainage shall be conducted with coffer dams to isolate dewatered areas from active channel habitats.

g. Use of herbicides shall be restricted in the prohibited areas (i.e., tidal salt marsh habitat).

a. California Clapper Rail. Construction activities within permitted work areas shall occur between September 1st and January 31st to reduce potential impacts to California clapper rail breeding/nesting season. If construction must occur during the period from February 1st to August 31st, a qualified wildlife biologist shall conduct preconstruction surveys for nesting birds. If an active nest is found, the bird shall be identified to species, and the approximate distance from the closest work site to the nest estimated. No additional measures need be implemented if active nests are more than three hundred (300) feet from the nearest work site. If active nests are closer than three hundred (300) feet to the nearest work site and there is the potential for destruction of a nest or substantial disturbance to nesting birds due to construction activities, a plan to monitor nesting birds during construction shall be prepared and submitted to the USFWS and CDFG for review and approval. Disturbance of active nests shall be avoided until it is determined that nesting is complete and the young have fledged.

b. California Black Rail. Construction activities within permitted work areas shall occur between July 1st and January 31st to reduce potential impacts to California black rail breeding/nesting season. If construction must occur during the period from February 1st to June 30th, a qualified wildlife biologist shall conduct preconstruction surveys for nesting birds. If an active nest is found, the bird shall be identified to species, and the approximate distance from the closest work site to the nest estimated. No additional measures need be implemented if active nests are more than three hundred (300) feet from the nearest work site. If active nests are closer than three hundred (300) feet to the nearest work site and there is the potential for destruction of a nest or substantial disturbance to nesting birds due to construction activities, a plan to monitor nesting birds during construction shall be prepared and submitted to the USFWS and CDFG for review and approval. Disturbance of active nests shall be avoided until it is determined that nesting is complete and the young have fledged.

c. Salt Marsh Harvest Mouse. Construction activities within permitted work areas shall occur between December 1st and February 28th to reduce potential impacts to salt marsh harvest mouse breeding/nesting season. If construction must occur during the period from March 1st to November 30th, a qualified wildlife biologist shall conduct preconstruction surveys for salt marsh harvest mouse. If a monitoring plan is required, it will be submitted to the lead agency for consultation with the USFWS and/or CDFG, as necessary.