HomeMy WebLinkAboutCD 1650 Los Gamos - Kaiser Permanente Office Building____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 09/17/2018
Disposition: Adopted Resolution No. 14585, 14586, 14587 & Ordinance No. 1962, 1963
Agenda Item No: 6.a
Meeting Date: September 17, 2018
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development Department
Prepared by: Paul A. Jensen, AICP [SK]
Community Development Director
City Manager Approval: ______________
TOPIC: 1650 LOS GAMOS ROAD – KAISER-PERMANENTE OFFICE BUILDING
SUBJECT: 1650 Los Gamos Drive (Kaiser Permanente Medical Office Building) – Request for:
1) Certification of a Final Environmental Impact Report (FEIR) (SCH # 2017062019);
2) Statement of Overriding Considerations and Mitigation Monitoring and
Reporting Program; and 3) Planning Applications including a Planned District (PD)
Rezoning, Use Permit, an Environmental, Design Review Permit, and a Sign
Program Amendment for the proposed conversion of an existing
administrative/general office building to medical office uses and construction of
new 433-space, three-level, parking structure on the western parcel and off-site
transportation infrastructure improvements.
RECOMMENDATION:
It is recommended that the City Council:
1.Open the public hearing and accept public testimony on the Final EIR and the project;
2.Close the public hearing;
3.Review and consider the Final EIR and project applications;
4.Take the following actions in order:
a)Adopt resolution certifying the Kaiser Permanente 1650 Los Gamos Medical Office Building
Project Final Environmental Impact Report (FEIR) (Attachment 1)
b)Adopt resolution adopting CEQA Findings, a Statement of Overriding Considerations, and
approval of a Mitigation Monitoring and Reporting Program (MMRP) (Attachment 2)
c)Pass an Ordinance to print amending the current Planned Development District (PD 1590),
for the Kaiser Permanente 1650 Los Gamos Drive Medical Office Building Project. (ZC 17-
001). (Attachment 3)
d)Pass an Ordinance to print amending the current Planned Development District (PD 1590),
for the Marin Commons 1600 Los Gamos Drive property. (ZC 17-001). (Attachment 4)
e)Adopt resolution approving a Master Use Permit (UP17-005), Environmental and Design
Review Permit (ED17-011), and Sign Program Amendment (SP17-001) for the Kaiser
Permanente 1650 Los Gamos Drive Medical Office Building Project. (Attachment 5)
SAN RAFAEL
THE CITY WITH A MISSION
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
EXECUTIVE SUMMARY:
The project proposes: a) the conversion of an existing, 148,000 sq. ft. office building at 1650 Los
Gamos Drive from general office uses to medical office uses; and b) the construction of a new
433‐space, three-level parking structure for Kaiser Permanente. As the current Planned Development
(PD) zoning district adopted for this property does not allow medical office uses, the applicant has
requested a PD Rezoning and Master Use Permit Amendment to allow the medical office use of the
site.
The project's potential environmental impacts have been assessed. Consistent with the provisions of
the California Environmental Quality Act (CEQA) Guidelines, a Final Environmental Impact Report has
been prepared (FEIR). The FEIR concludes that the project will result in significant, unavoidable traffic
impacts. Therefore, in addition to a recommendation that the City Council certify the FEIR, it is
recommended and required that the City Council adopt a Statement of Overriding Considerations to
approve the project. The public benefits offered by the applicant outweigh the unavoidable traffic
impacts of the project.
As discussed below, the Planning Commission and staff conclude that the project, as proposed and as
conditioned, is consistent with the San Rafael General Plan 2020 and all applicable zoning
development standards as revised and complies with all applicable review criteria and guidelines. The
project would, generally, further long-term goals of the City by promoting the continued employment of
over 300 local workers, redevelopment of an infill property, and feature a modern, centralized, fully
sustainable, office facility in a transit-oriented location with nearby freeway access. Draft resolutions
and draft Ordinances have been prepared (see attached Attachments 1-5) outlining findings that
support the approval of this project.
BACKGROUND:
A complete and detailed Background and Project Description discussion can be found in the August
28, 2018 Planning Commission staff report. The Planning Commission meeting can also be viewed on
the Meeting Agendas & Videos page, online at: http://www.cityofsanrafael.org/meetings. Referenced
application material exhibits are also included within FEIR attachments, also online at:
https://www.cityofsanrafael.org/kaiser-losgamos.
Site Description/Setting:
The main site is currently developed with a three-story commercial office building, surface parking lots
and associated landscaping including mature trees. There is also a developed parking lot on the parcel
across Los Gamos containing 209 parking spaces and associated landscaping. The site consists of two
parcels, approximately 11.1-acres, and is bordered by Lucas Valley Road to the northeast and US
Highway 101 to the east.
Los Gamos Drive bisects the subject property into two separate parcels, the 4.09-acre eastern parcel,
which contains the existing three-story 150,000 +/- square foot office building and associated surface
parking, and the 7.02-acre western parcel, which includes the existing terraced surface parking lot and
the remaining undeveloped woodland hillside areas. Immediately adjacent and east of the project site
is US Highway 101, a major eight lane north/south freeway. To the east of US 101 is the North San
Rafael Commercial District which is characterized with low one and two-story office, commercial and
light industrial buildings. To the north of the project site is Lucas Valley Road, a major east -west arterial
road connecting central Marin County with west Marin County. To the north of Lucas Valley Road is
the undeveloped open space of the Oakview Master Plan property located in the County of Marin.
West, and uphill, of the parking structure project site is an undeveloped, open area buffer zone. Further
west are single family residences along Salvador Way in the Mont Marin San Rafael Park
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
neighborhood. South of the project site is the 1600 Los Gamos Drive office building and associated
surface parking. Further south on Los Gamos Drive is the YMCA.
The parking structure site slopes from the west to the east with a high elevation of approximately 52’
NAVD 88 and a low point of 36’ NAVD 88.
History:
In 1972, the Lucas Green Phase I development was approved for construction of a computer center
building at 1600 Los Gamos Drive for Fireman’s Fund. In 1979, the project site was rezoned PD 1350
to allow for a general office building and computer center to be constructed on the subject site (1650
Los Gamos Drive). In addition, the new PD required a Transportation Supply Management (TSM) Plan
for both buildings. In 1990, PD 1350 was rezoned to PD 1590 to incorporate the TSM as previously
required. Since that time, both properties, 1600 and 1650 Los Gamos Dr have been part of one PD
District and commonly owned.
In 2012, the County of Marin purchased 1600 Los Gamos Dr office building and parking lot site across
Los Gamos Dr Marin and converted the site into an Emergency Office Center, Sheriff’s office and other
county related office uses. There are still a few non-county tenants that lease general office space
within the building. In the summer of 2015, Kaiser Permanente purchased 1650 Los Gamos Drive for
use as a new Medical Office Building (MOB). This was done to better serve the needs of members, as
well as to make the existing medical center at 99 Monticello Rd less crowded. The 1650 building has
remained mostly vacant since Kaiser’s purchase, as City entitlements were needed prior to conversion
to their medical office use.
Project Description:
The project proposes the conversion of an existing 148,000 sq. ft. office building from general office
uses to medical office uses for Kaiser Permanente. Since the current PD zoning does not allow medical
office uses, the applicant has requested a PD Rezoning and Master Use Permit Amendment to allow
the medical office use of the site. The project also proposes the construction of a 433‐space, three-level
parking structure on the existing surface parking lot located to the west of 1650 Los Gamos Drive that
will primarily serve the Kaiser Permanente employees working at the property. The proposed project
also includes the continued use of existing 42 parking spaces located on the adjacent 1600 Los Gamos
Drive property. Kaiser Permanente has legal access to the use of those parking spaces through an
easement and is not proposing any changes to the parking spaces.
The project requires a Planned Development (PD) Rezoning to establish new PD standards for this site
and remove reference to this site from the current PD, an Environmental and Design Review Permit for
the design of the new parking structure, a Master Use Permit to allow medical office uses in the PD
District), and a Sign Program Amendment to allow Kaiser Permanente signage as part of overall Marin
Commons Sign Program. A complete project description is included on page 7 of the 8/28 Planning
Commission Staff Report.
ANALYSIS:
A detailed analysis of the project is provided in the August 28, 2018 report to the Planning Commission
(Attachment 5, pages 91-96 of that report, link above). A summary of this analysis is provided as
follows:
San Rafael General Plan 2020 Consistency:
The site is designated as “Office (O) 15-32 units/acre” on the General Plan 2020 Land Use Map.
Medical office uses are an allowable use within this designation, although medical office is not currently
allowed in the existing Planned Development (PD 1590) District. Overall, staff recommends that the
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
project and design of the new parking structure appears to comply with all applicable General Plan
policies. Based on staff review, the proposed project would be consistent with all applicable General
Plan policies in the Land Use, Neighborhoods, Economic Vitality and Circulation Elements. A General
Plan consistency table is included in Exhibit 3 of the 8/28 Staff Report to Planning Commission.
Zoning Ordinance Consistency:
Planned Development (PD1590) District Amendment
The site is currently designated as Planned Development (PD-1590) Zoning District. To allow medical
office uses in the existing office building, the current PD district will require an amendment. In general,
the proposed project would be consistent with the zoning standards in that it continues the office use on
the project site and provides additional parking for medical office uses.
The project site is currently regulated by the Planned Development (PD-1590) zoning district that is
adopted for the Marin Commons office district, originally established as the Lucas Green Master Plan in
the early 1970’s that approved the existing development on the site including two office buildings, a
computer center, and associated surface parking. Attachment 3 is a proposed ordinance that would
amend the PD-1590 District to separate the two buildings and create a new PD district for the building
at 1650 Los Gamos that would expand the allowable uses to include the medical office uses and
construction of the parking structure to accommodate the increased parking requirement for medical
office.
The PD amendment would also necessitate further modifications to the PD-1590 district governing the
1600 Los Gamos Drive property which is currently owned and operated by the County of Marin , and the
City has initiated these further required amendments in the proposed ordinance attached as
Attachment 4. This city-initiated PD rezoning would eliminate references to the 1650 Los Gamos Drive
property but will otherwise leave the PD unchanged. (See Attachment 4 – Exhibit B)
Environmental and Design Review Permit
The proposed 1650 Los Gamos Drive Medical Office Building and the construction of a new parking
structure would create a new physical development on a surface parking lot. The Design Review Board
(DRB) reviewed and recommended approval by the Planning Commission that the site plan,
architecture, colors, materials, landscaping and other site design features are appropriate for the site
and its surroundings. The design of the parking structure and new office building were evaluated in the
Draft Environmental Impact Report (DEIR) and it was determined that the proposed project would not
block significant views and is consistent with mass and scale and within the maximum height and
intensity established by the General Plan for this site. At the August 28, 2018 Planning Commission
hearing, the Commission agreed with comments made by the DRB and found that the site plan,
architecture, colors, materials, landscaping and other site design features are appropriate for the site
and its surroundings. The findings, approving the proposed project, can be found in the Resolution to
adopt Master Use Permit and Design Review and Sign Program Amendment (Attachment 5).
Master Use Permit
The site currently operates under a Master Use Permit (UP08-029), which regulates the types of
allowable uses and administrative functions for the Marin Commons. Currently, the Master Use Permit
allows for general office use and a computer center. As amended, the Use Permit proposes to allow for
medical office uses and the additional parking requirements for medical office uses. The Use Permit
requires a parking ratio of 4.4 parking spaces per 1,000 sq. ft. of gross office building areas medical
office uses. The Use Permit also establishes a parking ratio of 4.6/1,000 gsf as proposed by Kaiser
Permanente.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Sign Program Amendment
The Marin Commons PD district (PD-1590) includes an approved Sign Program (SR07-097) which
includes signage guidelines for building monument signs, building entry signs, and directional and
wayfinding signage. Kaiser included a Sign Program Amendment as part of the application package
that was reviewed and recommended for approval by the DRB at the July 17, 2017 hearing. The Sign
Program Amendment includes Kaiser Permanente branding signage for building monument signs, entry
and wayfinding signs consistent with location and sizes of the existing Sign Program.
ENVIRONMENTAL REVIEW:
A detailed discussion of the environmental review process can be found on pages 15-30 of the 8/28
Staff Report to Planning Commission. The following is a summary of the environmental review process
for this project.
Initial Study/Notice of Preparation (NOP):
An Initial Study was prepared for the project in June 2017. On June 6, 2017, a Notice of Preparation
(NOP) was mailed and published for a 30-day public review and comment period. The Initial
Study/NOP evaluated the full range of potential environmental impacts of the project. The Initial Study
concluded that the effects upon Land Use and Planning, Air Quality, Greenhouse Gas Emissions,
Noise, and Transportation and Circulation would be significant and unavoidable, requiring preparation
of an Environmental Impact Report (EIR).
On July 27, 2017, the Commission held a scoping meeting during the 30-day comment period and
requested that Aesthetics be added to the EIR analysis to understand the project design with the
addition of solar arrays and approved a list of project alternatives to be analyzed in the EIR, including a
“No project/No Development’ alternative, a Reduced Medical Office use alternative, an Alternate
Parking Structure Location alternative, and an Applicant-Implemented Traffic Improvement alternative.
Notice of Completion (NOC) and Publication of Draft EIR (DEIR):
The DEIR was completed, and a NOC was distributed on March 8, 2018, pursuant to Section 15372 of
the CEQA Guidelines. The DEIR was mailed to the State Clearinghouse (SCH# 2017062019) and
responsible State agencies at the start of the 45-day public review period. The DEIR was also made
available for review online at the City of San Rafael website (http://www.cityofsanrafael.org//kaiser-
losgamos/, at the San Rafael Public Library, and at San Rafael City Hall Planning Division offices.
The City accepted written comments on the DEIR until the Commission hearing on April 24, 2018,
which extended the 45-day public comment period an additional one day. The City received 13 written
comments during this review period. Twelve (12) total individuals, including the members of the
Planning Commission, also provided verbal comments at the Commission hearing. Many of these
comments focused on the merits of the project though some comments were specific to the scope and
adequacy of the DEIR. Many of the comments provided were duplicative. Some individuals provided
both written and oral comments.
DEIR Summary and Conclusions:
CEQA requires that all impacts be mitigated to the extent feasible. The City is required to adopt a
Statement of Overriding Considerations pursuant to Section 15093(a) of the CEQA Guidelines before
approving any project having unavoidable significant effects. In this case, the DEIR concludes that the
project would result in potentially significant and unavoidable impacts to Transportation and Circulation.
Recommended mitigation measures are proposed to reduce Transportation and Circulation impacts to
a less-than-significant level. However, the impacts to the Los Gamos Drive / Lucas Valley R oad and
Las Gallinas Avenue / Lucas Valley Road intersections require an outside agency, the County of Marin,
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
to review and approve the identified improvements Thus, the proposed project requires adoption of a
Statement of Overriding Considerations if the project is to be approved.
Preferred Alternative:
After review of the EIR and the project merits, the Planning Commission recommended, in their review
of the Final EIR/Response to Comments (FEIR), consideration of the Applicant-Implemented Traffic
Improvement Alternative as preferable to the project as proposed because it would best achieve the
goal of reducing the identified significant adverse impacts to Transportation and Circulation. Exhibit 6 of
the 8/28 Planning Commission Staff Report illustrates the traffic improvement to signalize the Lucas
Valley Rd/Los Gamos Rd intersection.
Final EIR (FEIR):
The Final EIR (FEIR) provides an opportunity to respond to written comments on the DEIR for the
project received during the 45-day comment period (March 8, 2018 to April 24, 2018) and oral
comments provided during the April 24, 2018 Planning Commission public hearing. The FEIR also
provides an opportunity to make clarifications, corrections or revisions to the DEIR, as needed, based
on the comments received.
The City received 13 written comments on the DEIR and 12 individuals (including the members of the
Planning Commission) provided oral comments during the comment period and the Planning
Commission hearing. In some cases, the comments provided either in writing or orally focused on the
merits of the project rather than the environmental impacts discussed in the DEIR. In those cases, th e
comment is included in the FEIR with a note stating “comment is noted” next to the individual comment.
Concerns raised in relation to the project merits are further addressed under the “Neighborhood
Meeting/Correspondence” section below.
In addition, the FEIR includes a Mitigation Monitoring and Reporting Program (MMRP) table that
incorporates the Mitigation Measures recommended in the DEIR and provides implementation methods
to fulfill these requirements, and a copy of the Planning Commission staff rep ort on the DEIR. Based on
the comments provided during the public review period on the DEIR, the FEIR provides responses to
these comments only. No clarifications, corrections or revisions to the DEIR, were warranted, based on
the comments received.
The FEIR was prepared and released on August 10, 2018 for public review. The City responded to all
the environmental comments that were submitted on the DEIR during the public review period and a
FEIR was completed. On August 10, 2018, a Notice of Availability for the FEIR/Response to Comments
was mailed to interested persons and property owners and occupants within 500 feet of the property. A
notice of availability was also published in the Marin Independent Journal on August 11, 2018. A copy
of the FEIR/Response was also distributed to the Commission and Council on August 10, 2018 and is
also available at https://www.cityofsanrafael.org/kaiser-losgamos/.
Public Benefits and Statement of Overriding Considerations:
Given that the EIR concludes that the project would result in significant, unavoidable impacts to
Transportation and Circulation related to level of service impacts at the Los Gamos Drive / Lucas Valley
Road and Las Gallinas Avenue / Lucas Valley Road intersections, in order to approve the project, the
Council would have to adopt a Statement of Overriding Considerations (Attachment 2), in order to
approve the project.
A Statement of Overriding Considerations reflects the ultimate balancing of competing public objectives
(including environmental, legal, technical, social, and economic factors). Adopting a Statement of
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
Overriding Considerations would mean that the Commission finds that on balance, the benefits of the
project outweigh the significant unavoidable environmental impact(s).
The applicant provided a letter to the City on July 25, 2108 stating the public benefits as result of the
project. These included the following seven main points summarized below:
1. Furtherance of City Goals and Policies
The proposed project will implement, and is consistent with, City goals, objectives,
policies and programs for the Project Site described in the following City General Plan
Elements: Land Use, Neighborhood, Sustainability, Circulation, Economic Vitality, and
Safety.
2. Development of an Existing Infill Site
The project will facilitate the development of an infill site in an existing urbanized area in
San Rafael and will result in regional environmental benefits.
3. Significant Community Benefits and Traffic/Infrastructure Investments
Kaiser will voluntarily construct identified traffic and infrastructure improvements at Los
Gamos Dr. and Lucas Valley Rd. above and beyond what is required by the City’s
General Plan and the project’s identified fair-share contribution in order to improve
intersection operations and reduce Project impacts to less than significant. Intersection
improvements include grading and restriping, traffic signal installation, new sidewalks
and curbs, pedestrian level lighting, and an extension of a Class II bicycle lane.
In addition, as an additional community benefit and voluntary project contribution, Kaiser
offers to fully fund these identified intersection improvements—at an approximate cost of
$1,050,000—with no expectation of reimbursement by the City and County as initially
contemplated in the DEIR.
This voluntary contribution is in addition to $1,855,502 as Traffic Mitigation Fee which
would be used toward future citywide circulation and improvement projects identified in
the City’s General Plan.
4. Increased Economic Impacts to the City of San Rafael
The project will positively contribute to the City’s local economy through new capital
investment, as well as through retaining Kaiser’s approximately 315 employees in the
City and adding an additional 174 construction and trades jobs at peak construction.
5. Enhanced Public Safety and Public Health
The proposed project will provide a major medical care facility to serve existing and
future demand in the City of San Rafael and greater Marin region, which will in turn
result in an increase in the quality and efficiency of medical care delivery to patients.
6. Implementation of Sustainable Development Strategies
The proposed project will implement a comprehensive environmental sustainability
strategy, including complying with Title 24 (California Energy Efficiency Standards) and
seeking to achieve a Certified Leadership in Energy and Environmental Design (LEED)
Gold certification or equivalent.
7. Greenhouse Gas Emissions Reduction and Congestion Relief
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
The project incorporates a TDM plan that will encourage alternate modes of
transportation other than single-occupancy vehicles.
The applicant’s public benefit proposal is included as Exhibit 5 of the 8/28 Staff report to Planning
Commission.
Both the Planning Commission and staff finds the benefits of the project to the community outweigh the
significant unavoidable environmental impact: the implementation timing of intersection improvements.
Staff finds that these mitigation measures are feasible from an enforcement condition, but the City
cannot require the County of Marin to approve the improvements. However, this condition is alleviated
by the environmentally superior alternative (Applicant-Implemented Traffic Improvements), as
determined by the DEIR. The project merits are compelling:
• The project by itself, consistent with the General Plan, redevelopment of an infill
property,
• Voluntary construction of the Los Gamos Dr. / Lucas Valley Rd. intersection
improvements as well as other pedestrian and bicycle improvements, and
• Sustainable development located near transit and the freeway, and
• The project sponsor contends that complying with the mitigation measures
($1,105,000 estimated total costs) and payment of the development impact fees
($1,800,000 estimated total costs), as required by the project, are also public
benefits to the community.
• Construction of an identified infrastructure need in the San Rafael General Plan 2020
A more detailed discussion on the merits of the public benefits and overriding considerations is
discussed on Page 23 of the Planning Commission Staff Report.
DESIGN REVIEW BOARD RECOMMENDATIONS:
As required for all Major Design Review Permit applications, the proposed project was reviewed by the
Design Review Board for site design, bulk/mass, architecture, color and materials, landscaping, and
other site improvements and recommendations were forwarded to the Planning Commission. The
detailed discussion of the DRB review can be found on page 14 in the August 28, 2018 report to the
Planning Commission. The DRB reviewed the project three times, first as conceptual on September 6,
2017, and two formal hearings, May 22, 2018 and July 17, 2018.
Following the conceptual DRB review, the applicant resubmitted a revised project plan set in April 2018,
and again on June 2, 2018 after the first formal review and comment from the DRB. On July 17, 2018
the DRB (Commission Liaison Schoppert) provided Final Review of the revised project. In general, the
Board was pleased with the overall project in terms of design, mass and scale. The DRB unanimously
voted to approve the design as proposed but suggested a few minor requests with regards to details on
the parking garage components of the project.
PLANNING COMMISSION RECOMMENDATIONS:
On August 28, 2018, the Planning Commission considered the project and ultimately recommended
unanimous approval (5-0 vote, 1 absent, 1 recusal) for certification of the EIR, adoption of the PD
Rezoning for both 1600 and 1650 Los Gamos Drive, and approval of the Design Review, Master Use
Permit, and Sign Program Amendment for the project.
Many members of the public spoke in support and opposition to the project. 12 commenters expressed
support for the project highlighting benefits such as jobs for local workers, and access to medical
services near a major highway with ease of access, including ease of access during times of natural
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disasters. Eight members of the community spoke in opposition with concerns about added GHG
emissions and excess parking as a result of the parking structure development. The Planning
Commission, with Vice Chair Loughran acting as interim chair (Chair Davidson was recused), voted
unanimously (5-0 vote, 1 absent, 1 recusal) for all five resolutions. The Commission had a brief
discussion about the Design Review and Use Permit resolution, generally agreeing with the Design
Review Board’s recommendation about the parking structure design. The Commission also considered
the concerns of the community members who spoke in opposition to the parking structure and the
amount of parking provided in the parking structure, but ultimately agreed that approving the medical
office building in this location would most likely reduce greenhouse g as emissions and provide a much-
needed regional serving medical use close to freeway access. In addition, members of the commission
agreed that this location would provide added benefit of immediate access to the freeway in times of
natural disasters and emergency services. Video from this meeting can be viewed here
(www.cityofsanrafael.org/meetings)
Since the Planning Commission meeting, there have been two minor changes to the draft Resolutions.
First, the Resolution approving the Use Permit and Design Review Permit (Attachment 5) was modified
to move the condition of approval requiring the TDM from a Design Review Permit condition to Use
Permit condition and modify the text to match the mitigation measure and provide more enforceability.
Second, the Resolution granting the override (Attachment 2) was modified to clarify that the impact to
the Las Gallinas Ave/Lucas Valley Rd intersection was also being granted an override.
PUBLIC NOTICING AND OUTREACH:
Representatives for Kaiser facilitated a Neighborhood Meeting early in the planning process for the
project in December of 2016. At the meeting, approximately 12 members of the co mmunity attended
and listened to Kaiser present the basic framework of the proposed project including basic design
concepts for the three-level parking garage and the potential for an off-site intersection improvement.
Notice of the project has been provided by posting, mail, distribution and publication in the newspaper
in accordance with the noticing requirements contained in Chapter 14.29 of the City of San Rafael
Municipal code and in accordance with the CEQA Guidelines for this City Council meeting (and all prior
to hearings). A copy of the public hearing notice for the City Council meeting is attached (Attachment
6).
Most public correspondence on the project was received during review of the DEIR. The FEIR lists
those public comments received on both the DEIR and on the project merits (total of 13 commenters).
Responses to comments on the DEIR were provided in the FEIR, a copy of which has been distributed
to the Commission in advance. Public comments regarding the proposed Project have been received
at various intervals, including comments during the DEIR review, and DRB review process. Most of the
public comments have been in opposition to the project for, essentially, the following concerns:
• The proposed parking structure is unsightly and will create a new visual impact to residents
west and uphill from the project site; and
• The construction of the proposed parking structure will create unnecessary air quality, GHG
emissions, and noise impacts.
• The proposed project will generate excessive traffic that will create unnecessary traffic
congestion.
• The project is over-parked, resulting in the parking structure requirement, creating
unnecessary environmental impacts and creating a new structure that will be obsolete in the
near future.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 10
Several letters were submitted to the City prior to the Planning Commission hearing, including letters of
support from the San Rafael Chamber of Commerce, two letters from PG&E acknowledging the project
and alerting the applicant to permit review, a letter from Caltr ans acknowledging the preferred
alternative in the DEIR, and finally a letter from the County of Marin DPW confirming their comments on
the DEIR had been addressed. A letter from a concerned neighbor was provided prior to the
Commission hearing which reiterated the points of opposition and included a link to a Move.org petition.
Staff’s responses to comments of opposition are noted below:
Comment on Design Character of parking structure. The proposed parking structure design is
consistent with the Non-residential Design Guidelines and is consistent with the San Rafael
General Plan 2020. The DRB has recommended approval of the project design, subject to the
minor suggested modifications, finding it consistent with the applicable review criteria for
Environmental and Design Review Permits and non-residential design guidelines.
Comment on Traffic Impacts. The DEIR concluded that traffic impacts of the project (125 AM
and 312 PM peak trips) can be reduced to a less-than-significant level through the identified
mitigation measures (MM TRAF-1, MM TRAF-2, MM TRAF-3, MM TRAF-4) and the payment of
the City’s Traffic Mitigation Fees. As documented in the DEIR, although the identified mitigation
measures would reduce potentially significant impacts to a less-than-significant level, the review
and permitting process for identified improvements would require the authorization from the
County of Marin. Mitigation for these impacts are consistent with the San Rafael General Plan
2020.
Comment on Parking Impacts. The proposed project site includes 455 parking spaces in surface
parking lots adjacent to the project site. Conversion to medical office uses requires the project to
provide on-site parking at the following rates: 4.4 spaces per 1,000 gross square feet, or 651
total spaces. Kaiser has stated consistently throughout the planning process, that a 5:1,000 gsf
parking ratio is preferred for patient and staffing needs to reduce queuing and to facilitate shift
changes. As proposed, the 433-space parking structure will provide a 4.6:1,000 gsf parking
ratio for a total of 679 spaces as part of the project.
Since the August 28, 2018 Planning Commission hearing, no new public comments have been
received due to the advanced date of this staff report. Any public comments received will be compiled
and delivered to the Commission prior to the public hearing.
FISCAL IMPACT:
This project is a private development and does not have a negative impact on the City budget given
that the planning review and processing of these applications are subject to 100% cost recovery fees,
paid for by the applicant, including the contracts for preparation of the EIR and contract planner
services.
Furthermore, the identified intersection improvements would be fully funded by the applicant in addition
to traffic mitigation fees in the amount of ($1.8 million) as well as building permit and improvement plan
fees. Lastly, the additional development on this site would generate an increase to local property tax
revenues, which would fund/offset costs of providing additional public services to the site occupants.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 11
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt resolutions to certify the EIR and Statements of Overriding Considerations with MMRP,
pass the PD Ordinances to print and adopt the resolution approving the Zoning Entitlements
(Use Permit and Design Review) (staff recommendation).
2. Adopt Resolutions and Ordinances with modifications.
3. Continue the public hearing and require additional information, study, or environmental analysis.
4. Refer the applications back to the Planning Commission
5. Deny the project and direct staff to return with revision Resolutions.
ATTACHMENTS:
1. Draft City Council Resolution to Certify EIR and Mitigation Monitoring and Reporting Program
2. Draft City Council Resolution to adopt Statement of Overriding Considerations and Mitigation
Monitoring and Reporting Program
3. Draft Ordinance to create new Planned Development Zoning District for 1650 Los Gamos
Drive
4. Draft Ordinance to Amend Planned Development (PD1590) Zoning District for 1600 Los
Gamos Dr.
5. Draft City Council Resolution to adopt Master Use Permit and Design Review and Sign
Program Amendment
6. City Council Public Hearing Notice
(any comments received after publication of this report will be forwarded separately)
OTHER MATERIALS
Draft EIR and Final EIR available at: https://www.cityofsanrafael.org/kaiser-losgamos/
Project Plans (provided separately) and available at: https://www.cityofsanrafael.org/kaiser-
losgamos/
Planning Commission August 28, 2018 staff report available at: Planning Commission Staff
Report
1
RESOLUTION NO. 14585
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) (SCH
#2017062019) PREPARED FOR THE 1650 LOS GAMOS MEDICAL OFFICE
BUILDING PROJECT TO ALLOW THE CONVERSION OF AN EXISTING GENERAL
OFFICE BUILDING TO MEDICAL OFFICE USES AND CONSTRUCTION OF A NEW,
433-SPACE, THREE-LEVEL PARKING STRUCTURE
(APNS: 165-220-12 and 165-220-13)
WHEREAS, on February 21, 2017, Kaiser Foundation Health Plan (Kaiser or Kaiser
Permanente) submitted project applications to the City of San Rafael Community Development
Department for a Use Permit (UP17-005), an Environmental and Design Review Permit (ED17-
001), a Zone Change (ZC17-001) to amend the existing Planned Development (PD1590) District
for the Marin Commons, and a Sign Program Amendment (SP17-002) for the conversion of an
existing approximately 148,000-square-foot office building to medical office uses and the
construction of an up to 511-space parking structure on the western parcel of a 11.2-acre property
at 1650 Los Gamos Drive; and
WHEREAS, on June 27, 2017, the Planning Commission (Commission) held an
appropriately noticed public scoping hearing on the Notice of Preparation (NOP) for the
preparation of an Environmental Impact Report (EIR) to assess the impacts of the project. The
Planning Commission directed staff to prepare an EIR for the project pursuant to the California
Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) to address the
following issues: Aesthetics, Air Quality, Greenhouse Gas Emissions, Land Use and Planning,
Noise, Traffic and Transportation, and project Alternatives, per the Initial Study previously
prepared for the project on June 9, 2017; and
WHEREAS, on October 27, 2017, Kaiser Permanente submitted a Final Traffic Impact
Analysis (FTIA), prepared by Fehr and Peers for the proposed project. The FTIA evaluated the
project’s impacts on the local circulation network and identified a potential mitigation measure
requiring signalization and other improvements to the Lucas Valley Rd/Los Gamos Drive
intersection; and
WHEREAS, the Draft EIR (DEIR) was circulated for a 45-day public review period
beginning March 8, 2018 and ending April 24, 2018 (SCH # 2017062019). On April 24, 2018, the
Planning Commission held a duly-noticed public hearing to consider and accept comments on
the DEIR. The DEIR concluded that the project would result in significant, unavoidable impacts
associated with Transportation and Circulation. All other significant impacts identified in the DEIR
could be mitigated to less-than-significant levels with implementation of mitigation measures
recommended in the DEIR; and
WHEREAS, based on written and oral comments received from the public on the DEIR
and its own review of the DEIR, the Planning Commission directed staff to prepare a Final
Environmental Impact Report (FEIR) and respond to comments received on the DEIR; and
WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and CEQA
Guidelines Sections 15088, 15089 and 15132, the City responded to all the environmental
comments that were submitted on the DEIR during the public review period and a FEIR was
completed. On August 10, 2018, a Notice of Availability for the FEIR/Response to Comments and
the August 28, 2018 Planning Commission hearing was mailed to interested persons and property
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owners and occupants within 500 feet of the property and to all responsible, trustee and other
public agencies that commented on the DEIR. A notice of availability was also published in the
Marin Independent Journal on Saturday, August 11, 2018; and
WHEREAS, the City intends that the FEIR, and all applicable mitigation measures therein,
shall be used as the environmental documentation required by CEQA for subsequent
discretionary actions required for this project; and
WHEREAS, on August 28, 2018, the Planning Commission held a duly-noticed public
hearing on the FEIR and project merits, accepting all public testimony and the written report of
the Community Development Department staff. On a 5-0 vote (one absent, one recused), the
Planning Commission recommended to the City Council certification of the FEIR; and
WHEREAS, on August 31, 2018, a Public Notice for the City Council hearing, which
includes the Notice of Availability of the FEIR/Response to Comments, was mailed to interested
persons and property owners and occupants within 500 feet of the property and to all responsible,
trustee and other public agencies that commented on the DEIR, informing them of the City Council
hearing for final action. A notice of availability was also published in the Marin Independent
Journal on Saturday, September 1, 2018; and
WHEREAS, on September 17, 2018, the City Council held a duly-noticed public hearing
to review the FEIR/Response to Comments for the proposed amendment to the Kaiser
Permanente 1650 Los Gamos Drive Medical Office Building Project and considered all oral and
written public testimony and the written report of the Community Development Department; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon
which this decision is based, is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby certifies the
project’s Final EIR, based upon the following findings required by CEQA Guidelines Section
15090
BE IT FURTHER RESOLVED, the City Council certifies the Final EIR with two minor
clarifications to the Draft EIR text (both on page 4.4-10 of DEIR). These corrections/clarifications
have no substantive impact, and correct the following information in the Greenhouse Gas Emission
section:
▪ 3rd bullet, 2nd sentence on page 4.4-10 of Draft EIR. The numbers quoted are actually
the “BAU + state reductions” scenario, and are not the City’s emission reduction targets
for 2020 and 2035. The emission reduction target for 2020 is 309,603 MTCO2e, while
San Rafael didn’t actually adopt its own 2035 emission reduction goal.
▪ 5th bullet on page 4.4-10 of Draft EIR. First number should be 58,222, and the second
number should be 88,144. As per Table 5 of the GHG Emissions Reduction Strategy.
FINDINGS
1. The Final Environmental Impact Report (FEIR), which consists of the DEIR dated March 8,
2018, the Response to Comments Document dated August 10, 2018, and all documents
incorporated therein, has been prepared in accordance with CEQA, including Public
Resources Code Section 21083.3, and the provisions of the City of San Rafael Environmental
Assessment Procedures Manual.
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2. The FEIR has been prepared and completed in compliance with the CEQA Guidelines and
the City of San Rafael Environmental Assessment Procedures Manual by following the
appropriate format, content, technical analysis of the potential impact areas and project
alternatives identified in the initially-authorized scope of work. Further, all prescribed public
review periods and duly-noticed hearings were held for the project Notice of Preparation
(NOP), Notice of Completion (NOC) for public review of the DEIR and Notice of Availability
following publication of the FEIR.
3. The FEIR has been prepared using the City’s independent judgment and analysis, and the
FEIR:
a) Appropriately analyzes and presents conclusions regarding impacts;
b) Analyzes a reasonable range of alternatives to the project that could feasibly attain most
of the basic objectives of the project while avoiding or substantially lessening any
significant effect of the project; and
c) Recommends mitigation measures to substantially lessen or avoid the otherwise
significant adverse environmental impacts of the project.
The findings and recommendations in the document are supported by technical studies prepared
by professionals experienced in the specific areas of study.
4. The City Council exercised its independent judgment in evaluating the FEIR and has
considered the comments received during the public review period on the DEIR.
5. The FEIR reflects the independent judgment and analysis of the City of San Rafael
Community Development Department and the City Council. The City Council has reviewed
and considered all information contained in the FEIR prior to making its decision on the
project, and concludes that the FEIR:
a) Appropriately analyzes and presents conclusions on the impacts of the project;
b) Analyzes a reasonable range of alternatives to the project that could feasibly attain most
of the basic objectives of the project while avoiding or substantially lessening any
significant effect of the project;
c) Identifies or recommends mitigation measures to substantially lessen, eliminate or avoid
the otherwise significant adverse environmental impacts of the project; and
d) Includes findings and recommendations supported by technical studies prepared by
professionals experienced in the specific areas of study, and which are contained within
the document and/or made available within the project file maintained by the City of San
Rafael Community Development Department, the custodian of all project documents.
6. The information contained in the FEIR is current, correct and complete for document
certification. As a result of comments submitted on the DEIR, the FEIR provided responses to
comments received on the DEIR and provided clarification to those comments. No new
information has been added to the DEIR and it does not deprive the public of meaningful
opportunity to comment upon the substantial adverse environmental effect of the project or a
feasible way to mitigate or avoid such an effect that the project’s proponents have declined to
implement. In particular, no new information was presented in the FEIR and it does not
disclose or result in:
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a) A new significant environmental impact resulting from the project or from a new mitigation
measure proposed to be implemented;
b) A substantial increase in the severity of the impacts that were disclosed and analyzed in
the DEIR;
c) Any new feasible project alternatives or mitigation measures considerably different from
others previously analyzed that would clearly lessen significant environmental impacts of
the project, but which the project’s proponents refuse to adopt.
d) A finding that the DEIR is so fundamentally and basically inadequate and conclusory in
nature that meaningful public review and comment were precluded.
7. The FEIR presents factual, quantitative and qualitative data and studies, which find and
support the conclusion that the project will result in several potentially significant impacts that
necessitate mitigation. At the time the City considers action on the project’s merits, it will be
necessary to make complete and detailed findings pursuant to Public Resources Code
Section 21081(a) and CEQA Guidelines Section 15091(a). For each significant effect
identified in the EIR, the City will be required to make one or more of the following findings:
a) That changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the final
EIR; that such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding, and that such changes have
been adopted by such other agency or can and should be adopted by such other agency;
b) That specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the FEIR; and
c) As the project would result in several significant, unavoidable impacts, findings of
overriding consideration will be required. Such findings will require that the City weigh the
benefits of the project with the environmental impacts that cannot be mitigated.
8. The City Council is taking action to certify the FEIR for the project, recognizing it as an
informational document for assessment of the project. The CEQA Guidelines recognize that
an environmental document is prepared for public disclosure of potential project impacts and
that it is used as an informational document to guide decision-makers in considering project
merits. Certification of the FEIR, as presented, would not result in a land use entitlement or
right of development for the project site. The FEIR document must be reviewed to determine
whether it adequately assesses the impacts of the project, and whether the circumstances
presented in Public Resources Code section 21166, as amplified by its corresponding CEQA
Guidelines Sections 15162 to 15163, are present with respect to the project to determine
whether a Subsequent EIR, a Supplement to the EIR, or Addendum to the EIR need be
prepared or if further environmental review under CEQA is not required. Certification of the
FEIR prior to consideration of and taking action on project entitlements does not prejudice or
bias review or actions on the proposed development project.
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I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of the City of
San Rafael, held on Monday, the 17th of September 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS Bushey, Colin, Gamblin, McCullough and Mayor Phillips
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
SAN RAFAEL CITY COUNCIL
BY:____________
LINDSAY LARA, City Clerk
1
RESOLUTION NO. 14586
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL 1) ADOPTING CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS OF FACT, 2) ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND 3) APPROVING THE
MITIGATION MONITORING PROGRAM (MMRP) FOR THE KAISER PERMANENTE
1650 LOS GAMOS MEDICAL OFFICE BUILDING PROJECTTO ALLOW THE
CONVERSION OF AN EXISTING OFFICE BUILDING TO MEDICAL OFFICE USES
AND CONSTRUCTION OF A NEW 433-SPACE PARKING STRUCTURE ON THE
WESTERN PARCEL
1650 LOS GAMOS DRIVE KAISER (MEDICAL OFFICES)
APNs: 165-220-12 & 165-220-13)
WHEREAS, on February 21, 2017, Kaiser Foundation Health Plan (Kaiser or Kaiser
Permanente) submitted project applications to the City of San Rafael Community Development
Department for a Use Permit (UP17-005), an Environmental and Design Review Permit (ED17-
001), a Zone Change (ZC17-001) to amend the existing Planned Development (PD)-1590
District for the Marin Commons, and a Sign Program Amendment (SP17-002) for the
conversion of an existing approximately 148,000-square-foot office building to medical office
uses and the construction of an up to 511-space parking structure (Project) on the western
parcel of a 11.2-acre property at 1650 Los Gamos Drive; and
WHEREAS, on June 27, 2017, the Planning Commission (Commission) held an
appropriately noticed public scoping hearing on the Notice of Preparation (NOP) for the
preparation of an Environmental Impact Report (EIR) to assess the impacts of the Project. The
Planning Commission directed staff to prepare an EIR for the Project pursuant to the California
Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) to address the
following issues, Aesthetics, Air Quality, Greenhouse Gas Emissions, Land Use and Planning,
Noise, Traffic and Transportation, and Project Alternatives, as per the Initial Study previously
prepared for the Project on June 9, 2017; and
WHEREAS, on October 27, 2017, Kaiser Permanente submitted a Final Traffic Impact
Analysis (FTIA), prepared by Fehr and Peers for the Project. The FTIA evaluated the Project’s
impacts on the local circulation network and identified a potential mitigation measure requiring
signalization and other improvements to the Lucas Valley Rd/Los Gamos Drive intersection;
and
WHEREAS, on April 13, 2018, Kaiser Permanente resubmitted a revised parking
structure design proposing construction of a 473-space, three-level-plus-upper-ramp, parking
structure at the same location as originally proposed; and
WHEREAS, the Draft EIR (DEIR) was prepared and circulated for a 45-day public
review period beginning March 8, 2018 and ending April 23, 2018 (SCH # 2017062019). As
part of this review, on April 24, 2018, the Planning Commission held a duly-noticed public
hearing to consider and accept comments on the DEIR. The DEIR concluded that the Project
would result in significant, unavoidable impacts associated with Transportation and Circulation.
All other significant impacts identified in the DEIR were identified to be mitigated to less-than-
significant levels with implementation of mitigation measures recommended in the DEIR; and
2
WHEREAS, based on written and oral comments received from the public on the DEIR
and its own review of the DEIR, the Planning Commission directed staff to prepare a Final
Environmental Impact Report (FEIR) and respond to comments received on the DEIR; and
WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and CEQA
Guidelines Sections 15088, 15089 and 15132, the City responded to all the environmental
comments that were submitted on the DEIR during the public review period and a FEIR was
completed. On August 10, 2018, a Notice of Availability for the FEIR/Response to Comments
was mailed to interested persons and property owners and occupants within 500 feet of the
Project property and to all responsible, trustee and other public agencies that commented on
the DEIR; A notice of availability was also published in the Marin Independent Journal on
August 11, 2018; and;
WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation
Monitoring and Reporting Program (MMRP) has been prepared, which outlines the procedures
and requirements for implementing all mitigation measures identified in the FEIR, and is
provided in attached Exhibit A of this Resolution; and
WHEREAS, the FEIR concludes that all impacts identified in the FEIR have been or can
be mitigated to a level of less-than-significant, except for four Transportation and Circulation
impacts. The FEIR identifies significant and unavoidable Project-level impacts associated with
the mitigation requirement to signalize and improve the intersections at Los Gamos Drive and
Lucas Valley Road and mitigations to improve the intersection at Las Gallinas Drive and Lucas
Valley Road. Although these impacts can be mitigated to less-than-significant levels through
the implementation of identified mitigation measures, the intersections are outside of the City’s
jurisdiction and require authorization and permits by the County of Marin and the California
Department of Transportation (CALTRANS). As such, since the City cannot legally implement
mitigation measures outside of its jurisdiction, the impacts are identified in the FEIR as
significant and unavoidable; and
WHEREAS, the FEIR identifies Alternative 4: “Applicant-Implemented Traffic
Improvements” as the Environmentally Superior Alternative, which would commit Kaiser
Permanente to providing upfront funding to the City above its fair-share contribution, to
construct certain identified intersection improvements for the Los Gamos Drive/Lucas Valley
Road intersection, as well as additional pacing and pedestrian and bicycle improvements. This
Alternative would eliminate specific significant and unavoidable impacts, increase community
benefits, and address transportation impacts not considered significant under CEQA thresholds
by ensuring that suitable intersection/roadway improvements, or funding for such improvements
are provided; and
WHEREAS, the FEIR concludes that implementation of Alternative 4, the
Environmentally Superior Alternative, would further eliminate the Project’s two significant and
unavoidable impacts to the Los Gamos Drive / Lucas Valley Road intersection. However,
adverse impacts to the Las Gallinas Avenue / Lucas Valley Road intersection would remain
because the intersection is in the County’s jurisdiction and there is thus far no known
improvement planned for the intersection. Although Kaiser Permanente would be required to
pay a fair-share contribution to the upgrade of this intersection, without a potential design
solution, these impacts will remain significant; and
WHEREAS, CEQA Guidelines Section 15093 requires the decision-making agency to
balance, as applicable, the economic, legal, social, technological, or other benefits of a
proposed project against its unavoidable environmental impacts when determining whether to
3
approve a project. If these benefits outweigh the unavoidable adverse environmental effects,
the adverse effects may be considered “acceptable” and a statement of overriding
considerations may be adopted by the agency. The decision-making agency must state in
writing the specific reasons to support its action based on the FEIR and/or other information in
the record. The statement of overriding considerations must be supported by substantial
evidence in the record; and
WHEREAS, on August 28, 2018, the Planning Commission held a duly-noticed public
hearing on the FEIR and Project merits, accepting all public testimony and the written report of
the Community Development Department staff. As part of this hearing process the Planning
Commission considered draft CEQA Findings of Fact and a draft Statement of Overriding
Considerations contained in this resolution, and a draft Mitigation Monitoring and Reporting
Program (MMRP). On a 5-0 vote (one absent, one recused), the Planning Commission
adopted Resolution No. 18-06 recommending to the City Council adoption of the Statement of
Overriding Considerations and approval of the Mitigation Monitoring and Reporting Plan
(MMRP); and
WHEREAS, on August 31, 2018, a Public Notice for the City Council hearing, which
includes the Notice of Availability of the FEIR/Response to Comments, was mailed to interested
persons and property owners and occupants within 500 feet of the property and to all
responsible, trustee and other public agencies that commented on the DEIR, informing them of
the City Council hearing for final action. A notice of availability was also published in the Marin
Independent Journal on Saturday, September 1, 2018; and
WHEREAS, on September 17, 2018, the City Council held a duly-noticed public hearing
to review the proposed amendment to the Kaiser Permanente 1650 Los Gamos Drive Medical
Office Building Project and considered all oral and written public testimony and the written
report of the Community Development Department; and
WHEREAS, on September 17, 2018, the City Council certified the FEIR by separate
resolution; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael
does hereby: a) approve the following CEQA Findings of Fact; b) adopt the following Statement
of Overriding Considerations; and c) approve of the MMRP presented in Exhibit A, finding that
the MMRP has been prepared in accordance with the CEQA Guidelines:
FINDINGS OF FACT
I. California Environmental Quality Act (CEQA)
A. Final EIR
By separate City Council Resolution adopted concurrently with this resolution, the
City Council reviewed and recommended certification of the Project’s FEIR. As
part of this action and as outlined in this separate resolution, the City Council:
reaffirms the findings made in the separate City Council Resolution that: a)
supported the certification of the FEIR; b) found that the FEIR has been prepared
in accordance with the CEQA Guidelines and the City of San Rafael
Environmental Assessment Procedures Manual; and c) found and concluded that
the FEIR adequately assesses the environmental effects of the Project and
represents the independent judgment of the City Council.
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B. Incorporated Documents/ Record of Proceedings
1. The following information is incorporated by reference and made part of the
record supporting these findings:
• All Project plans and application materials, including supportive technical
reports;
• The DEIR and Appendices (March 2018) and FEIR (August 10, 2018), the
Initial Study (June 2017) and all documents relied upon, cited therein or
incorporated by reference;
• The Mitigation Monitoring and Reporting Program (MMRP) prepared for
the Project;
• The City of San Rafael General Plan 2020 and General Plan 2020 FEIR;
• Zoning Ordinance of the City of San Rafael (SRMC Title 14);
• Subdivision Ordinance of the City of San Rafael (SRMC Title 15);
• City Council Ordinance No. 1772, City Council Resolution No. 10980 and
the City of San Rafael Archaeological Sensitivity map;
• Kaiser Permanente’s 1650 Los Gamos Drive Medical Office Building
Project commitment/community benefits letter from Judy Coffey, Kaiser
Permanente’s SVP/Area Manager Marin/Sonoma Service Area to City
Manager, Jim Schutz (July 25, 2018);
• All records of decision, resolutions, staff reports, memoranda, maps,
exhibits, letters, synopses of meetings, summaries, and other documents
approved, reviewed, relied upon, or prepared by any City commissions,
boards, officials, consultants, or staff relating to the Project;
• Any documents expressly cited in these findings, in addition to those cited
above; and
• Any other materials required for the record of proceedings by caselaw
and/or Public Resources Code section 21167.6, subdivision (e).
2. Pursuant to CEQA Guidelines Section 15091(e), the documents and other
materials that constitute the record of proceedings upon which the City
Council has based its decision are in and may be obtained from the City’s
Department of Community Development, Planning Division, at 1400 Fifth
Street, Third Floor, San Rafael, CA 94901.
II. Findings of Fact in Support of Project Action
The FEIR, prepared in compliance with CEQA, evaluates the potentially significant and
significant adverse environmental impacts that could result from approval of the Project.
Because the FEIR concludes that implementation of the Project would result in adverse
impacts, the City is required by CEQA to make certain findings with respect to these
impacts. (CEQA Guidelines Section 15091) These findings list and describe the
following, as analyzed in the EIR: a) impacts determined to be insignificant or less -than-
significant in the Initial Study/Notice of Preparation checklist; b) impacts found to be less
than significant after individual analysis in the EIR; c) significant impacts that can be
avoided or reduced with mitigation; d) significant impacts that cannot be avoided; and e)
project alternatives that were developed and studied as provided in the CEQA
Guidelines.
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These findings are supported by substantial evidence in the entirety of the record of
proceedings before the City, which is incorporated herein by this reference. Further
explanation of these environmental findings and conclusions can be found, without
limitation, in the DEIR and FEIR, and these findings hereby incorporate by reference the
discussion and analysis in those documents supporting the FEIR determinations
regarding mitigation measures and the Project’s impacts and mitigation measures
designed to address those impacts. In making these findings, the City Council ratifies,
adopts and incorporates in these findings the determinations and conclusions of the
DEIR and FEIR relating to environmental impacts and mitigation measures, except to the
extent any such determinations and conclusions are specifically and expressly modified
by these findings.
A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT AND NOT
INDIVIDUALLY ANALYZED
During the Project’s Notice of Preparation (NOP) and scoping period, the City
determined that a number of the Project’s potential environmental effects would be
insignificant, less-than-significant or would be adequately addressed through the
City’s environmental review process, including: Agriculture Resources, Biological
Resources, Cultural/ Archaeological Resources, Geology/Soils, Hazards and
Hazardous Materials, Hydrology/Water Quality, Mineral Resources,
Population/Housing, Public Services, Recreation, Tribal Cultural Resources, and
Utilities/Service Systems. For these topics, in accordance with CEQA Guidelines
Section 15128, no need for further environmental assessment was required for the
preparation of the FEIR.
Finding:
The Project’s DEIR, citing the Initial Study (IS), contains brief statements identifying
possible impacts that were determined to be insignificant or less-than-significant,
along with the reasons for those determinations. The City Council adopts those
statements and concludes that the referenced environmental effects are insignificant
or less than significant and no further analysis in the FEIR is required.
B. IMPACTS DETERMINED TO BE LESS-THAN-SIGNIFICANT AFTER INDIVIDUAL
ANALYSIS.
The NOP and scoping period identified a number of potential environmental impacts
to be analyzed in the DEIR. Through that analysis, impacts relating to Land Use and
Planning, Aesthetics, Air Quality, Greenhouse Gas (GHG) Emissions, and Noise
were determined to be less-than-significant and, thus, no mitigation measures are
necessary or required, as noted below.
Finding: The City Council adopts these statements and concludes that the
referenced environmental impacts would be less than significant for the reasons
stated below and contained within the entirety of the record of proceedings.
(1) Land Use & Planning
a. Project Will Not Conflict with Applicable Land Use Plans, Goals, or
Policies
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Facts in Support of Finding: As discussed on pages 4.1-6 to 4.1-7 of the
DEIR and supported by evidence contained within the entirety of the record of
proceedings, the Project is currently within an Office (O) land use designation
per the San Rafael General Plan 2020. Medical office uses are typical and
allowed in Office (O) General Plan designations. The Project is also within
the PD-1590 (Planned Development) zoning district, which allows general
office uses but not medical office uses. The Project is requesting an
amendment to its zoning designation and Use Permit to allow "medical office"
uses. The Project uses will be consistent with that amended zoning
designation. The Project proposes colors and materials that are harmonious
with the existing development on the site, as well as the surrounding hills in
the background. Lastly, given the reuse of the existing on-site building and
developing a parking structure within existing footprints on-site, the Project
would not significantly impact any threatened, endangered or special status
species in the surrounding area. This impact will therefore be less than
significant.
b. Project Will Not Result in a Cumulative Land Use Impact
Facts in Support of Finding: As discussed on page 4.1-8 of the DEIR and
supported by evidence contained within the entirety of the record of
proceedings, the Project Site has been previously graded and developed with
an office building and surface parking lots and is located within a
commercially developed area; therefore, the Project would not result in
significant impacts due to conflicting land uses. Furthermore, the site is
assigned an Office (O) General Plan land use designation, which allows for
medical office and associated parking. This impact will therefore be less than
significant.
(2) Aesthetics
a. The Project Will Not Result in Visual Character or Quality Impacts
Facts in Support of Finding: As discussed on pages 4.2-14 to 4.2-16 of the
DEIR and supported by evidence contained within the entirety of the record of
proceedings, the Project will not substantially change the character of the
Project site by constructing the new parking structure on an existing surface
parking lot. Further, visual simulations show that the Project will largely be
screened by existing and proposed mature vegetation from many viewpoints,
will have less-than-significant impacts on views of Mt. Tamalpais from public
vantage points, and the use is consistent and compatible with surrounding
uses. In addition, the Project is consistent with design guidelines in the
General Plan 2020 and non-residential design guidelines. This impact will
therefore be less than significant.
b. The Project Will Not Increase Light and Glare
Facts in Support of Finding: As discussed on pages 4.2-16 to 4.2-17 of the
DEIR and supported by evidence contained within the entirety of the record of
proceedings, the Project will not increase light and glare due to existing
presence of commercial lighting. Lighting on the Project site will be directed
downward and angled to reduce spillover of ambient light onto adjacent
properties. The potential PV system incorporated on the top level of the
parking structures would have panels with standard low-glare glass with anti-
reflective coatings and would be angled to minimize potential glare to nearby
7
residences. In sum, the Project's lighting will not be substantial in comparison
to existing conditions (which includes the surface parking lot lighting) and will
not affect nighttime views or cause potential “spillage” of lighting that may
affect nearby residents. This impact will therefore be less than significant.
c. The Project Will Not Result in Cumulative Aesthetic Impacts
Facts in Support of Finding: As discussed on page 4.2-18 of the DEIR and
supported by evidence contained within the entirety of the record of
proceedings, the Project will not result in cumulative visual impacts. The
Project is subject to City of San Rafael Design Guidelines and formal Design
Review to ensure high-quality and compatible design. Lighting on the Project
site will be directed downward and angled to reduce spillover of ambient light
onto adjacent properties. The Project therefore will not make a cumulatively
considerable contribution to a significant cumulative impact, and thus this
impact will be less than significant.
(3) Air Quality
a. The Project Will Not Violate Air Quality Standards or Substantially
Contribute to Any Air Quality Violations
Facts in Support of Finding: As discussed on pages 4.3-17 and 4.3-18 of the
DEIR and supported by evidence contained within the entirety of the record of
proceedings, the Project will not contribute substantially to existing or
projected violations of Bay Area Air Quality Management District (BAAQMD)
standards for impacts related to ozone and particulate matter. In addition, the
Project will have emissions less than the BAAQMD screening size for
evaluating such impacts. Further, intersections affected by the Project will
have traffic volumes less than the BAAQMD screening criteria and, thus, will
not cause a violation of an ambient air quality standard or have considerable
contributions to cumulative violations of these standards. This impact will
therefore be less than significant.
(4) Greenhouse Gas (GHG) Emissions
a. The Project’s GHG Emissions Will Be Less Than Significant
Facts in Support of Finding: As discussed on pages 4.4-12 to 4.4-13 of the DEIR
and supported by evidence contained within the entirety of the record of
proceedings, under CEQA, projects that are consistent with the City of San Rafael
Climate Change Action Plan (CCAP) forecasts and implement applicable CCAP
strategies are determined to result in less than significant GHG emissions. T he
Project is consistent with the City’s General Plan 2020 and, therefore, would be
consistent with the applicable CCAP measures if it meets the standards included in
the Qualified GHG Emissions Reduction Strategy. As shown in Table 4.4 -1 on page
4.4-13 of the DEIR, the Project is consistent with these standards.
In addition, Senate Bill 32’s 40% GHG emissions reduction goal for 2030 provides
an interim emissions reduction goal in order to assist in the attainment of the 2050
emission reduction goal previously adopted by Assembly Bill 32 in 2006. The City’s
CCAP acknowledges the 2050 goal and also, in its Greenhouse Gas Emissions
Reduction Strategy, introduced planning of attainment of an interim 2035 goal,
consistent with Executive Order No. B-30-15. Thus, the concept of further GHG
emissions reduction being required beyond 2020 is explicitly part of the City’s CCAP.
8
Further, the Project’s efficiency in terms of being well-lower than regional VMT
averages (see DEIR pp. 4.6-34 to 4.6-35) and Kaiser Permanente’s stated
commitment to make the Project energy efficient demonstrates that it will aid in the
achievement of the State’s 2030 emission reductions goal. As a result of the above,
the Project’s GHG emissions will be less than significant.
b. The Project Will Not Conflict or Interfere with Applicable GHG Plans,
Policies or Regulations
Facts in Support of Finding: As discussed on pages 4.4-13 to 4.4-14 of the
DEIR and supported by evidence contained within the entirety of the record of
proceedings, the Project will not conflict or otherwise interfere with the
statewide GHG reduction measures identified in the California Air Resources
Board’s (CARB) Scoping Plan. The Project will comply with requirements of
the Green Building Code and the CCAP. For example, the parking structure
and MOB tenant improvements will be constructed in conformance with
CALGreen and California’s Title 24 Building Code. This impact will therefore
be less than significant.
c. The Project Will Not Result in Significant Cumulative GHG Impacts
Facts in Support of Finding: As discussed on page 4.4-15 of the DEIR and
supported by evidence contained within the entirety of the record of
proceedings, the completed Project will not exceed the BAAQMD’s
recommended threshold of significance for GHG emissions and is consistent
with the adopted City of San Rafael CCAP, which serves as a Qualified GHG
Reduction Strategy. The Project therefore will not make a cumulatively
considerable contribution to a significant cumulative impact, and thus this
impact will be less than significant.
(5) Noise
a. Project Noise Levels Will Not Exceed City Standards or Increase
Existing Ambient Noise
Facts in Support of Finding: As discussed on pages 4.5-20 to 4.5-26 of the
DEIR and supported by evidence contained within the entirety of the record of
proceedings, noise levels generated by Project construction and operational
activities are not expected to exceed the City’s 90 dBA threshold. In addition,
all new mechanical equipment associated with the Project will be below the
City’s thresholds during daytime and nighttime hours and will not increase the
day-night average noise level at the residential land uses. Further, intermittent
noise from the parking structure will be less than the intermittent noise
thresholds established in the City’s Municipal Code and will not increase the
ambient environment at the nearest residential property line by 3 dBA Ldn.
Noise from refuse collection is not expected to differ from the existing land
use and will be compatible with City noise limits. As such, the impact is
considered less-than-significant.
b. The Project Will Not Result in Excessive Groundborne Vibration Due to
Construction
Facts in Support of Finding: As discussed on pages 4.5-27 to 4.5-28 of the
DEIR and supported by evidence contained within the entirety of the record of
proceedings, vibration levels as a result of construction activities for the
Project will be up to 0.02 in/sec Peak Particle Velocity (PPV), which will not
9
exceed the 0.3 in/sec PPV threshold for residences or commercial buildings
adjacent and uphill form the Project. Construction of the Project will not
generate vibration levels of 0.3 in/sec PPV or more at existing noise-sensitive
land uses located off- and on-site. Therefore, the impact is considered less-
than-significant.
c. The Project Will Not Result in a Permanent Noise Level Increase to
Surrounding Residential Receptors Due to Project-Generated Traffic
Facts In Support of Finding: As discussed on pages 4.5-27 to 4.5-28 of the
DEIR and supported by evidence contained within the entirety of the record of
proceedings, residential land uses to the west of the Project site will
experience an increase of up to 1 dBA Ldn, resulting in ambient noise levels
below 60 dBA Ldn with the inclusion of the Project. While the traffic increase
along Los Gamos Drive will result in a permanent noise increase of 3 dBA
Ldn, this increase will only apply to the commercial office buildings to the
south of the Project site. Therefore, the Project-generated traffic will not
cause a permanent increase to noise at the surrounding residential receptors.
This impact will therefore be less than significant.
d. The Project Will Not Result in Cumulative Noise Increase Impacts to
Noise-Sensitive Land Uses
Facts In Support of Finding: As discussed on pages 4.5-33 to 4.5-34 of the
DEIR and supported by evidence contained within the entirety of the record of
proceedings, although the Project will make a “cumulative considerable”
contribution to the overall traffic noise increase along Los Gamos Drive, the
office buildings located along this roadway are not considered noise-sensitive,
and hence the overall cumulative impact will not be significant. Therefore, this
impact will be considered less than significant since the Project’s cumulatively
considerable contribution will be to a less than significant cumulative impact.
C. SIGNIFICANT IMPACTS THAT CAN BE AVOIDED OR REDUCED WITH
MITIGATION
The City Council, as authorized by Public Resources Code Section 21081 and
CEQA Guidelines Sections 15091 and 15092, identifies the following significant
impacts that can be eliminated or reduced to a less-than-significant level with the
implementation of mitigation measures recommended in the IS and EIR. As
summarized in Chapter 2 (pages 2-5 – 2-28) of the DEIR and supported by evidence
contained within the entirety of the record of proceedings, these mitigation measures
are hereby adopted and incorporated into the description of the Project and their
implementation will be monitored through the MMRP.
(1) Aesthetics
The Project could potentially create a new source of substantial light and
glare which would adversely affect day or nighttime views in the area. The
incorporation of a photometric lighting study demonstrating compliance
with building code specifications as a Project mitigation measure will result
in a less than significant impact.
Significant Impact
10
As discussed on page 36 of the IS, summarized in Chapter 2 (page 2-21) of the
DEIR, and supported by evidence contained within the entirety of the record of
proceedings, the proposed usage of the existing office building will not introduce a
new source of light and glare or affect nighttime views. However, development of
the parking structure could potentially create a new source of substantial light or
glare which would adversely affect day or nighttime views in the area. This
potential impact can be mitigated to a less-than-significant level with the
preparation of photometric lighting study demonstrating that outdoor lighting
fixtures meet the requirements of the California Energy Code and are included in
the Project’s building plan (Exhibit A; Mitigation Measure MM AES-1).
Finding
Specific Project lighting design is subject to Design Review Board review and
approval and standard City conditions of approval. In addition, the City Council
finds that implementation of MM AES-1 will reduce this impact to a level of less
than significant. As authorized by Public Resources. Code Section 21081(a)(1)
and Title 14, California Code of Regulations Section 15091(a)(1), the City Council
finds that changes or alterations have been required herein, incorporated into the
Project, or required as a condition of Project approval, which mitigate or avoid the
significant environmental impact listed above. The City Council further finds that
the change or alteration in the Project or the requirement to impose the mitigation
as a condition of Project approval is within the jurisdiction of the City to require,
and that this mitigation is appropriate and feasible. Therefore, with the identified
mitigation, this impact will less than significant.
(2) Air Quality
a. Impact AIR-3: The Project would expose sensitive receptors to
substantial pollutant concentrations. The incorporation of construction
best management practices as Project conditions of approval would
result in a less than significant temporary impact to sensitive receptors.
Significant Impact
As discussed on pages 4.3-18 to 4.3-22 and summarized in Chapter 2 (pages
2-5 – 2-8) of the DEIR, and supported by evidence contained within the entirety
of the record of proceedings, grading and construction activities on the Project
site will create a temporary potentially-significant Air Quality impact, which can
be mitigated to a less-than-significant level with the preparation, approval and
implementation of a basic measures to control dust and exhaust during
construction (Exhibit A; Mitigation Measure MM AIR-1).
11
Finding
The City Council finds that implementation of MM AIR-1 will reduce this
impact to a level of less than significant. As authorized by Public Resources.
Code Section 21081(a)(1) and Title 14, California Code of Regulations
Section 15091(a)(1), the City Council finds that changes or alterations have
been required herein, incorporated into the Project, or required as a condition
of Project approval, which mitigate or avoid the significant environmental
impact listed above. The City Council further finds that the change or
alteration in the Project or the requirement to impose the mitigation as a
condition of Project approval is within the jurisdiction of the City to require,
and that this mitigation is appropriate and feasible. Therefore, with the
identified mitigation, this impact will be less than significant.
(b) Impact AIR-4: The Project would contribute to cumulative air quality
degradation and to regional air quality cumulative impacts. The
incorporation of construction best management practices as Project
conditions of approval would result in a less than significant
cumulative air quality impact.
Significant Impact
As discussed on page 4.3-23 and summarized in Chapter 2 (pages 2-5 – 2-
8) of the DEIR, and supported by evidence contained within the entirety of
the record of proceedings, grading and construction activities on the site
related to the Project will create a cumulative potentially-significant Air
Quality impact, which can be mitigated to a less-than-significant level with the
preparation, approval and implementation of a basic measures to control
dust and exhaust during construction (Exhibit A; Mitigation Measure MM AIR-
1).
Finding
The City Council finds that implementation of MM AIR-1 will reduce this
impact to a level of less than significant. As authorized by Public Resources.
Code Section 21081(a)(1) and Title 14, California Code of Regulations
Section 15091(a)(1), the City Council finds that changes or alterations have
been required herein, incorporated into the Project, or required as a condition
of Project approval, which mitigate or avoid the significant environmental
impact listed above. The City Council further finds that the change or
alteration in the Project or the requirement to impose the mitigation as a
condition of Project approval is within the jurisdiction of the City to require,
and that this mitigation is appropriate and feasible. Therefore, with the
identified mitigation, this impact will be less than significant.
(3) Biological Resources
The Project could potentially interfere substantially with the movement of
any native resident or migratory fish or wildlife species or with established
native resident or migratory wildlife corridors or impede the use of native
wildlife nursery sites. The incorporation of a preconstruction nesting bird
and bat survey as a Project mitigation measure will result in a less than
significant impact.
Significant Impact
12
As discussed on page 44 of the IS, summarized in Chapter 2 (pages 2-21 –2-22)
of the DEIR and supported by evidence contained within the entirety of the
record of proceedings, development of the parking structure requires removal of
63 trees, which could potentially impact nesting birds and roosting bats if these
species are in the Project area. This potential Biological Resources impact can
be mitigated to a less-than-significant level by conducting a preconstruction
nesting bird and bat survey prior to issuance of a grading or building permit
(Exhibit A; Mitigation Measure MM BIO-1).
Finding
The City Council finds that implementation of MM BIO-1 will reduce this impact to
a level of less than significant. As authorized by Public Resources. Code Section
21081(a)(1) and Title 14, and California Code of Regulations Section
15091(a)(1), the City Council finds that changes or alterations have been
required herein, incorporated into the Project, or required as a condition of
Project approval, which mitigate or avoid the significant environmental impact
listed above. The City Council further finds that the change or alteration in the
Project or the requirement to impose the mitigation as a condition of Project
approval is within the jurisdiction of the City to require, and that this mitigation is
appropriate and feasible. Therefore, with the identified mitigation, this impact will
be less than significant.
(4) Cultural Resources
(a) The Project could potentially cause a substantial adverse change in
significance of an archaeological resource pursuant to CEQA
Guidelines Section 15064.5. The incorporation of archeological
resource protections as a Project mitigation measure will result in a
less than significant impact.
Significant Impact
As discussed on pages 47 to 48 of the IS, summarized in Chapter 2 (pages
2-22 – 2-23) of the DEIR and supported by evidence contained within the
entirety of the record of proceedings, although construction of the Project
would have no impact on known archaeological resources, there is a
possibility that previously unidentified archaeological resources and
subsurface deposits are present within the project area, and Project
construction could potentially disturb such resources and subsurface
deposits within the Project area. This potential Cultural Resources impact
can be mitigated to a less-than-significant level if archaeological resources
are found during construction, construction is halted, and Kaiser Permanente
retains a qualified archaeologist to assess the previously unrecorded
discovery and provide recommendations. (Exhibit A; Mitigation Measure MM
CULT-1).
Finding
The City Council finds that implementation of MM CULT-1 will reduce this
impact to a level of less than significant. As authorized by Public Resources.
Code Section 21081(a)(1) and Title 14, and California Code of Regulations
Section 15091(a)(1), the City Council finds that changes or alterations have
been required herein, incorporated into the Project, or required as a condition
13
of Project approval, which mitigate or avoid the significant environmental
impact listed above. The City Council further finds that the change or
alteration in the Project or the requirement to impose the mitigation as a
condition of Project approval is within the jurisdiction of the City to require,
and that this mitigation is appropriate and feasible. Therefore, with the
identified mitigation, this impact will be less than significant.
(b) The Project could potentially disturb human remains, including those
interred outside of dedicated cemeteries. The incorporation of human
remains protections as a Project mitigation measure will result in a less
than significant impact.
Significant Impact
As discussed on pages 48 to 49 of the IS, summarized in Chapter 2 (pages
2-23 – 2-24) of the DEIR and supported by evidence contained within the
entirety of the record of proceedings, there are no formal cemeteries or
known interred human remains within the Project area and no evidence of
human remains was identified within the Project area. However, the potential
for their presence cannot be entirely ruled out, since construction-related
excavation could expose and disturb, or damage previously undiscovered
human remains. This Cultural Resources impact can be mitigated to a less-
than-significant level if previously unknown human remains are found during
construction, construction is halted, and Kaiser Permanente retains a
qualified archaeologist to assess the previously unrecorded discovery and
providing immediate notification to the Marin County Coroner and the
notification to the NAHC if the remains are Native American. (Exhibit A;
Mitigation Measure MM CULT-2).
Finding
The City Council finds that implementation of MM CULT-2 will reduce this
impact to a level of less than significant. As authorized by Public Resources.
Code Section 21081(a)(1) and Title 14, and California Code of Regulations
Section 15091(a)(1), the City Council finds that changes or alterations have
been required herein, incorporated into the Project, or required as a condition
of Project approval, which mitigate or avoid the significant environmental
impact listed above. The City Council further finds that the change or
alteration in the Project or the requirement to impose the mitigation as a
condition of Project approval is within the jurisdiction of the City to require,
and that this mitigation is appropriate and feasible. Therefore, with the
identified mitigation, this impact will be less than significant.
(5) Noise - Temporary/Construction Related Noise
Impact NOISE-4: Existing noise-sensitive land uses will be exposed to a
temporary increase in ambient noise levels due to Project construction
activities. The incorporation of construction best management practices
as Project conditions of approval will result in a less-than-significant
temporary noise impact.
Significant Impact
As discussed on pages 4.5-29 to 4.5-33 and summarized in Chapter 2 (pages
2-8 – 2-12) of the DEIR, and supported by evidence contained within the
14
entirety of the record of proceedings, construction noise related to grading and
construction activities on the site related to the Project will create a temporary,
potentially-significant Noise impact by exposing sensitive receptors and
adjacent residences to construction noise that exceeds limits allowed by the
City’s Noise Ordinance. This Noise impact can be mitigated to a less-than-
significant level by implementing best management practices during
construction activities, including, but not limited to, constructing temporary
noise barriers, equipping all equipment with sound suppression features,
limiting idling time on all equipment, preparing a detailed construction
management plan and schedule for grading and construction activities, all to
minimize exposure time, as further detailed in the MMRP (Exhibit A; Mitigation
Measure MM NOISE-1).
Finding
The City Council finds that implementation of MM NOISE-1 will reduce this
impact to a level of less than significant. As authorized by Public Resources.
Code Section 21081(a)(1) and Title 14, and California Code of Regulations
Section 15091(a)(1), the City Council finds that changes or alterations have
been required herein, incorporated into the Project, or required as a condition
of Project approval, which mitigate or avoid the significant environmental
impact listed above. The City Council further finds that the change or
alteration in the Project or the requirement to impose the mitigation as a
condition of Project approval is within the jurisdiction of the City to require, and
that this mitigation is appropriate and feasible. Therefore, with the identified
mitigation, this impact will be less than significant.
(6) Transportation/Circulation
Impact TRAF-2: Implementation of the Project would increase traffic volumes on
freeway segments and affect levels of the regional network under Existing plus
Project Conditions. The incorporation of a Transportation Demand Management
(TDM) program and annual monitoring report as a Project mitigation measure
will result in a less than significant impact.
Significant Impact
As discussed on pages 4.6-39 to 4.6-43 and summarized in Chapter 2 (pages 2-
14 – 2-15) of the DEIR, and supported by evidence contained within the entirety
of the record of proceedings, the Project’s contribution to AM and PM peak hour
trips to the local freeway corridor will create a potentially-significant
Transportation/Circulation impact to volume/capacity ratio on the freeway
segment between the Miller Creek on- and off-ramps. The Project will contribute
to the existing failing condition of LOS conditions on freeway segments in the
Project study area. At the Miller Creek off-ramp to Miller Creek on-ramp
segment, the Project’s contribution would increase the corridor’s volume to
capacity (v/c) ratio by more than 0.01, which means the Project contributes at
least 1-percent or more of the freeway segment capacity, resulting in a
significant impact. The significant impact can be mitigated to a less-than-
significant level with the implementation of the Project Transportation Demand
Management Plan (Exhibit A; Mitigation Measure MM TRAF-2).
15
Finding
The City Council finds that implementation of MM TRAF-2 will reduce this impact
to a level of less than significant. As authorized by Public Resources. Code
Section 21081(a)(1), Title 14, and California Code of Regulations Section
15091(a)(1), the City Council finds that changes or alterations have been
required herein, incorporated into the Project, or required as a condition of
Project approval, which mitigate or avoid the significant environmental impact
listed above. The City Council further finds that the change or alteration in the
Project or the requirement to impose the mitigation as a condition of Project
approval is within the jurisdiction of the City to require, and that this mitigation is
appropriate and feasible. Therefore, with the identified mitigation, this impact
would less than significant.
(7)Tribal Cultural Resources
The Project could potentially cause a substantial adverse change in the
significance of a tribal cultural resource, defined in Public Resources Code
section 21074 as either a site, feature, place, cultural landscape that is
Geographically defined in terms of the size and scope of the landscape,
sacred place, or object with cultural value to a California Native American
tribe. The incorporation of tribal cultural protections as a Project
mitigation measure will result in a less than significant impact.
Significant Impact
As discussed on pages 81 to 84 of the IS, summarized in Chapter 2 (pages 2-27
– 2-28) of the DEIR and supported by evidence contained within the entirety of
the record of proceedings, although construction of the Project will have no
impact on known tribal cultural resources, there is a possibility that previously
unidentified resources and subsurface deposits are present within the project
and could be disturbed during Project construction. This Tribal Cultural
Resources impact can be mitigated to a less-than-significant level if cultural
resources are identified onsite during construction, all work stops immediately
within 50 feet of the resource(s) and Kaiser Permanente complies with all
relevant State and City policies and procedures prescribed under PRC Section
21074. (Exhibit A; Mitigation Measure MM TRIBAL-1). In addition, the
implementation of MM CULT-1 and MM CULT-2 will also reduce any potentially
significant impacts.
Finding
The City Council finds that implementation of MM TRIBAL-1, MM CULT-1 and
MM CULT-2 will reduce this impact to a level of less than significant. As
authorized by Public Resources. Code Section 21081(a)(1) and Title 14, and
California Code of Regulations Section 15091(a)(1), the City Council finds that
changes or alterations have been required herein, incorporated into the Project,
or required as a condition of Project approval, which mitigate or avoid the
significant environmental impact listed above. The City Council further finds that
the change or alteration in the Project or the requirement to impose the
mitigation as a condition of Project approval is within the jurisdiction of the City to
require, and that this mitigation is appropriate and feasible. Therefore, with the
identified mitigation, this impact will be less than significant.
16
D. SIGNIFICANT IMPACTS THAT CANNOT BE FULLY MITIGATED TO A LEVEL OF
LESS THAN SIGNIFICANT
As authorized by Public Resources Code Section 21081(a)(1) and CEQA Guidelines
Sections 15091 and 15092, the FEIR is required to identify the significant impacts
that cannot be reduced to a less-than-significant level through the incorporation of
mitigation measures. The FEIR concluded that although specific mitigation
measures have been identified for the following Project Transportation and
Circulation impacts, the impacts would nonetheless be considered significant and
unavoidable, since the roadway intersections at issue are outside of the City’s
jurisdiction and require authorization and permits by other agencies. Although the
Commission is recommending adoption of the identified mitigation measures as part
of Project approval, since the City cannot legally implement mitigation measures
outside of its jurisdiction, despite the incorporation of Mitigation Measures outlined in
the EIR and in this Resolution, should the City wish to approve the Project
notwithstanding these significant and unavoidable impacts, the City Council must
adopt a statement of overriding considerations included herein:
(1) Transportation/Circulation
a) Implementation of the Project will increase traffic volumes on area
roadways and affect levels of service at the local intersections and
freeways under Existing plus Project Conditions.
Significant Impact.
The addition of Project traffic at the Lucas Valley Road/Los Gamos Drive
side street stop-controlled (unsignalized) intersection will increase vehicle
delay during the AM and PM peak hour. As a result of the Project, traffic will
degrade the side street stop-controlled approach from LOS C to LOS E
during the AM peak hour and LOS A to LOS F during the PM peak hour. As a
result, the Project’s contribution during the PM peak hour will result in a
significant impact because the Project’s contribution will worsen the
intersection operations to an unacceptable LOS.
Finding
As discussed in Chapter 4.6 (pages 4.6-36 – 4.6-39) of the DEIR and
supported by evidence contained within the entirety of the record of
proceedings, the mitigation measures necessary to reduce this significant
and unavoidable Transportation and Circulation impact to a less-than-
significant level cannot be implemented/authorized by the City of San Rafael
alone. Specifically, the identified mitigation measure requires review and
approval from the County of Marin and CALTRANS to construct the
intersection improvements at Los Gamos Drive and Lucas Valley Road.
Therefore, ensuring the implementation of the mitigation for this impact is
outside the power of City of San Rafael decision makers and the impact is
therefore considered significant and unavoidable. (Exhibit A: Mitigation
Measure MM TRAF-1). However, the Applicant-Implemented Traffic
Improvements alternative (DEIR Alternative 4) would include construction of
the necessary intersection signalization.
17
b) The Project will contribute to deficient operations of the Lucas Valley
Road/Las Gallinas Avenue intersection by increasing the average delay
by more than five seconds under Baseline plus Project conditions.
Significant Impact.
The Lucas Valley Road/Las Gallinas Avenue intersection is expected to
operate below LOS D during the weekday AM and/or PM peak hour. The
Project will contribute to deficient operations by increasing the average delay
by more than five seconds.
Finding
As discussed in Chapter 4.6 (pages 4.6-46 – 4.6-58) of the DEIR and
supported by evidence contained within the entirety of the record of
proceedings, the mitigation measures necessary to reduce this significant
and unavoidable impact to Transportation and Circulation to a less-than-
significant level cannot be implemented/authorized by the City of San Rafael.
Improvements at the Lucas Valley Road/Las Gallinas Avenue intersection
have yet to be identified through the City of San Rafael’s General Plan 2020.
Specifically, since the Las Gallinas Avenue / Lucas Valley Road intersection
is not within the City’s jurisdiction and is not part of a traffic fee program,
intersection improvements have yet to be identified, impacts to the
intersection will remain significant and unavoidable.
A fair-share agreement would require Kaiser to contribute funding for future
improvements even though there is no identified improvement from the
County of Marin. Ultimately, the County of Marin will be responsible for the
review, approval and construction of any identified improvements to the
intersection. Therefore, the mitigation for this impact is outside the
jurisdiction of City of San Rafael decision makers and is considered
significant and unavoidable. (Exhibit A: Mitigation Measure MM TRAF-3).
c) The Project will contribute to deficient operations of the Lucas Valley
Road/Las Gamos Drive intersection by increasing the average delay by
more than five seconds under Baseline plus Project conditions.
Significant Impact.
The Lucas Valley Road/Los Gamos Drive intersection is expected to operate
at LOS F. The addition of Project traffic will increase vehicle delay during the
AM peak hour and PM peak hour by more than five seconds, resulting in a
significant impact.
Finding
As discussed in Chapter 4.6 (pages 4.6-36 – 4.6-51) of the DEIR and
supported by evidence contained within the entirety of the record of
proceedings, the mitigation measures necessary to reduce this significant
and unavoidable Transportation and Circulation impact to a less-than-
significant level cannot be implemented/authorized by the City of San Rafael.
In coordination with the City of San Rafael Department of Public Works, the
County of Marin Department of Public Works, and CALTRANS, Kaiser
Permanente is required to pay a fair share contribution to the reconfiguring
and signalization of the Lucas Valley Road/Los Gamos Drive Intersection.
The San Rafael General Plan 2020 Circulation Element Policy C-7 identifies
18
improvements at this intersection, including signalizing the intersection,
adding dual westbound left turn lanes, reconfiguring the northbound
approach, and removing existing striped channelized islands. The new signal
should include traffic signal interconnect and be coordinated with the
adjacent interchange signals. Additionally, since most of the intersection is
located within the County of Marin’s jurisdiction, and part of CALTRANS
purview, interagency coordination will be required during design, construction
and maintenance of the new signal. Furthermore, a memorandum of
understanding (MOU) will be required between the City of San Rafael and
the County of Marin to document the future management and maintenance
of the intersection and signals since the US 101/Lucas Valley interchange
signals and the new Lucas Valley Road / Los Gamos Drive signal would be
operated and maintained by one or multiple agencies. The City of San Rafael
may also coordinate an MOU with CALTRANS for development and
operation of the traffic signal in the CALTRANS right of way. (Exhibit A:
Mitigation Measure MM TRAF-4).
Ultimately, the identified mitigation measure requires review and approval
from the County of Marin and CALTRANS to construct the intersection
improvements at Los Gamos Drive and Lucas Valley Road. Therefore, while
the MM TRAF-4 will be adopted by the City, the City is unable to ensure that
it will be implemented due to the involvement of other public agencies;
consequently, this impact is determined to be significant and unavoidable
despite the implementation of the cited mitigation.
d) The addition of Project-related traffic would exacerbate the Cumulative
No Project condition and contribute more than 5 seconds of delay at
the Lucas Valley Road/Las Gallinas Avenue intersection.
Significant Impact.
The Project would contribute additional traffic to local intersections.
Improvements to the Lucas Valley Road / Las Gallinas Avenue intersection
have yet to be identified through the City of San Rafael’s General Plan 2020.
Although, several vehicle capacity improvements could be considered to
mitigate poor operating conditions at the intersection, the feasibility of the
potential improvement projects (such as reconfiguring the intersection to
remove channelized turn islands or replacing the existing signal with a
roundabout) and any potential adverse impacts will require further study and
coordination with the City of San Rafael, County of Marin, and the local
community.
Finding
As discussed in Chapter 4.6 (pages 4.6-58 – 4.6-62) of the DEIR and
supported by evidence contained within the entirety of the record of
proceedings, the mitigation measures necessary to reduce this significant
and unavoidable Transportation and Circulation impact to a less-than-
significant level cannot be implemented/authorized by the City of San Rafael.
Specifically, since the Las Gallinas Avenue / Lucas Valley Road intersection
is not part of a traffic fee program and intersection improvements have yet to
be identified, impacts to the intersection will remain significant and
unavoidable. A fair-share agreement will require Kaiser Permanente to
contribute funding for future improvements even though there is no identified
19
improvement from the County of Marin. Ultimately, the County of Marin will
be responsible for the review, approval and construction of any identified
improvements to the intersection. (Exhibit A: Mitigation Measure MM TRAF-
3).
Therefore, while the MM TRAF-3 will be adopted by the City, the City is
unable to ensure that it will be implemented due to the involvement of other
public agencies; consequently, this impact is determined to be significant and
unavoidable despite the implementation of the cited mitigation.
E. IMPACT OVERVIEW
(a) Significant Irreversible Environmental Changes
Pursuant to CEQA Guidelines Section 21100(b)(2)(B), an EIR shall include a
discussion of significant irreversible environmental changes that would result from
implementation of a project.
CEQA Guidelines Section 15126.2(c) describes irreversible environmental changes
in the following manner: “Uses of nonrenewable resources during the initial and
continued phases of the Project may be irreversible since a large commitment of
such resources makes removal or nonuse thereafter unlikely. Primary impacts and,
particularly, secondary impacts (such as highway improvement which provides
access to a previously inaccessible area) generally commit future generations to
similar uses. Also, irreversible damage can result from environmental accidents
associated with the Project. Irretrievable commitments of resources should be
evaluated to assure that such current consumption is justified.”
As discussed in Chapter 6.2 (page 6-2) of the DEIR and supported by evidence
contained within the entirety of the record of proceedings, construction activities
associated with the Project would result in an irretrievable and irreversible
commitment of non-renewable resources through the use of construction materials.
This would include the use of fossil fuels (such as gasoline, diesel and oil) during the
construction period, and the use of earth minerals and ores (such as concrete and
steel). The Project would construct a new parking structure and implement
associated traffic infrastructure mitigation measure improvements in areas that have
already been developed, as well as build out the existing building at 1650 Los
Gamos Drive with new medical office uses. Although off-site roadway improvements
are required, the overall scope of the improvements have been previously identified
in the San Rafael General Plan 2020; therefore, the Project would not modify
regional access or result in access to a previously inaccessible area. As a proposed
medical office use, the Project is not characteristic of a land use type that would
result in disturbance or land modifications that could lead to irreversible
environmental damage.
Based on the preceding and on the entirety of the record of proceedings, the City
Council consequently finds that no significant irreversible effects will result from
implementation of the Project.
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(b) Growth Inducement
Pursuant to CEQA Guidelines Section 15126.2(d), a project is considered growth-
inducing if it would directly or indirectly foster economic or population growth, or the
construction of additional housing, either directly or indirectly, in the surrounding
environment. Examples of projects likely to have significant growth-inducing impacts
include extensions of expansions of infrastructure systems beyond what is needed
to serve project-specific demand, and development of new residential subdivisions
or industrial parks in areas that are currently only sparsely developed or are
undeveloped. Typically, redevelopment projects on infill sites that are surrounded by
existing urban uses are not considered growth-inducing because redevelopment by
itself usually does not facilitate development intensification on adjacent sites.
As discussed in Chapter 6.4 (page 6-3) of the DEIR and supported by evidence
contained within the entirety of the record of proceedings, the Project would feature
a new use and intensity on the site (medical office) previously developed for a
similar use (general office). This new type of use is consistent with the existing
pattern of commercial uses in the surrounding area. The intensification of use, as
defined, is consistent with the City of San Rafael General Plan 2020 designation for
the subject property and is generally allowed in the office land use designation,
although not allowed by the current PD Zoning for the Project site. Therefore, the
range of potential environmental impacts, including growth-inducing impacts,
considered in the San Rafael General Plan 2020 EIR for development in the North
San Rafael Commercial Center have been evaluated. Furthermore, the Project
includes the relocation of specific existing services from areas throughout the City of
San Rafael and Marin County. As a result, the Project is not considered growth-
inducing.
Based on the preceding and on the entirety of the record of proceedings, the City
Council consequently finds that no significant growth-inducing effects will result from
implementation of the Project.
F. REVIEW OF PROJECT ALTERNATIVES
The CEQA Guidelines indicate that an EIR must “describe a range of reasonable
alternatives to the project, or to the location of the project, which could feasibly attain
most of the basic objectives of the project but would avoid or substantially lessen
any of the significant effects of the project and evaluate the comparative merits of
the alternatives.” (Guidelines§ 15126.6[a].)
The Project Alternatives selected for this EIR were formulated considering the
Objectives of the City of San Rafael and Kaiser Permanente’s Objectives outlined in
Chapter 5 of the DEIR (pages 5-1 - 5-19). Alternatives provide a basis of
comparison to the Project in terms of beneficial, significant, and unavoidable
impacts. This comparative analysis is then used to consider reasonable, feasible
options for minimizing environmental consequences of a project.
The Project Alternatives analyzed in the following sections include:
• No Project/No Medical Office Uses
• Reduced Medical Office Use
• Alternate Parking Structure Location
• Applicant-Implemented Traffic Improvements
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(1) Alternative 1: No Project/No Medical Office Uses (Status Quo)
Description
The No Project Alternative, as required by CEQA, considers the potential
impacts associated with the Project site assuming denial or withdrawal of the
Project. As discussed in the DEIR (pages 5-9 through 5-12) and supported by
evidence contained within the entirety of the record of proceedings, the No
Project / No Medical Office Uses Alternative assumes there will be no new
Kaiser Permanente MOB or medical uses at 1650 Los Gamos Drive and the
existing commercial building will remain utilized for general office uses. The
existing general office and surface parking lot uses will continue, and no new
development will occur on the Project site, including a new parking structure or
intersection improvements. Kaiser Permanente will continue to use its main
medical campus at 99 Montecillo for medical office uses and will have limited
ability for modernization of existing spaces.
Impacts
The No Project / No Medical Office Uses Alternative would maintain the existing
office building on the Project site and no new parking structure or intersection
improvements would be proposed. There would be no excavation/grading, tree
removal, or change of use to the existing structures. No new short-term air
quality, GHG emissions, noise, or traffic impacts would occur during construction
at the Project site under this alternative and neither would any potential long-
term impacts associated with Project operation. Although some environmental
impacts would be avoided under the No Project / No Medical Office Uses
Alternative, this alternative would not have the benefits of improved medical
facility services for local residents, improved stormwater drainage, improved
pedestrian circulation and bicycle lanes on Lucas Valley Road, and roadway
infrastructure improvements. In addition, since the medical services that would
have been located at the Project site would need to be provided at other
locations, there may be unknown environmental impacts at other locations.
Finding
The City Council (1) rejects this No Project / No Medical Office Uses Alternative
on the basis that it fails to meet basic project objectives and is infeasible for
social and policy reasons; and (2) finds that each and any of these grounds
separately and independently provide sufficient justification for rejection of this
Alternative.
Facts in Support of Finding
▪ The No Project / No Medical Office Uses Alternative fails to meet any of the
Project objectives. For instance:
o This Alternative would maintain the current uses on site, which would
not allow for a new, modern, MOB nor would it relieve pressure on
Kaiser Permanente’s existing facilities.
o No new infrastructure or traffic improvements would be included in this
Alternative.
o This Alternative would continue to contribute the same amount of
vehicle trips at Kaiser Permanente’s main campus at 99 Montecillo
Road.
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o Use of the existing office building at 1650 Los Gamos Drive would
continue as a general office with daily usage and vehicular trips
consistent with a general office building.
▪ The No Project / No Medical Uses Alternative is also infeasible for policy
reasons, as it fails to comply with the intent of the City’s General Plan 2020,
which promotes economic vitality (Policy EV-2 Seek, Retain, and Promote
Businesses that Enhance San Rafael) and an overarching vision for the
North San Rafael Commercial Center (NH-136. Design Excellence). For
instance, an under-utilized Project site and larger geographic area would not
be ‘re-activated’ or re-energized along Los Gamos Drive and would not
increase the economic vitality of the existing Marin Commons office park.
▪ From a policy and social perspective, without development of the proposed
Project, redevelopment of the Project site would likely be postponed
indefinitely, new MOB facilities development would not be created on-site,
and Kaiser Permanente would be required to find an alternate location(s) for
the Project. In addition, Kaiser Permanente’s existing clinics and medical
facilities in the North Bay region would not be supplemented or supported as
a result of this No Project / No Medical Office Uses Alternative, and,
therefore would continue to experience the same operational loads and
space challenges with regard to future modernization.
(2) Alternative 2: Reduced Medical Office Use
Description
As discussed in the DEIR (pages 5-9 through 5-12) and supported by evidence
contained within the entirety of the record of proceedings, the Reduced Medical
Office Use Alternative assumes Kaiser Permanente reduces the amount of
proposed medical office uses in the existing 1650 Los Gamos Drive office
building. The Reduced Medical Office Use assumptions are based on the traffic
analysis results for the proposed Project. The Reduced Medical Office Use
Alternative reduces the Project’s overall trip generation (thereby resulting in less
than significant impacts) by decreasing the amount of medical office use at the
Project site from 100 percent to approximately 70 percent and keeping the
remaining 30 percent of use as general office. As a result, some of the planned
services would no longer be relocated to 1650 Los Gamos Drive and would
remain at other existing Kaiser Permanente facilities, primarily at the 99
Montecillo Road Kaiser Permanente San Rafael Medical Center or would be
located at an undetermined alternative off-site location(s). The Reduced Medical
Office Use Alternative would still require a new parking structure to provide
adequate parking on site and meet City Zoning Code requirement, however, the
parking structure contemplated by the Project could be reduced by
approximately 100 parking spaces. The Reduced Medical Office Use Alternative
would require the same entitlements that would be requested as part of the
Project.
Impacts
Many of the same construction and operational impacts would occur under the
Reduced Medical Office Use Alternative, including impacts to Air Quality and
Noise. In addition, since Kaiser Permanente would need to find a secondary
site(s) to accommodate the remaining 30 percent of uses that would not be
located at 1650 Los Gamos, this site(s) may not be as centrally located or have
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ease of access or available parking. Thus, the Reduced Medical Office Use
Alternative could result in the same or more overall trip generation and GHG
estimates, though they will not all occur at this location.
Finding
The City Council (1) rejects this alternative on the basis that it fails to meet basic
project objectives, is infeasible for social and policy reasons, and is not
environmentally superior to the proposed project; and (2) finds that each and any
of these grounds separately and independently provide sufficient justification for
rejection of this Alternative.
Facts in Support of Finding
▪ This Alternative achieves some, but not all, of the Project objectives,
including failing to achieve the primary Project objective for a single
centralized MOB. In addition:
o In order to address the remaining 30% of medical office space
removed from this Alternative, Kaiser would be required to find
alternative locations that may not be as centrally located or have ease
of access or available parking.
o General site improvements included as part of the Project would be
included in this Alternative.
o Kaiser Permanente would continue to require additional medical office
space throughout San Rafael and Marin County and, therefore, would
continue to experience the same operational loads and space
challenges with regard to future modernization at the main hospital
campus.
▪ From a social and policy perspective, Kaiser Permanente would continue to have
multiple medical office locations and would therefore continue to impact local
neighborhoods or other areas in San Rafael and Marin County with additional
vehicle trips.
(3) Alternative 3: Alternative Parking Structure Location
Description
As discussed in the DEIR (pages 5-8 through 5-9) and supported by evidence
contained within the entirety of the record of proceedings, the Alternative Parking
Structure Location Alternative assumes Kaiser Permanente will modify and
relocate the Project’s proposed parking structure to the surface parking lot to the
north of the existing office building (southeast of Los Gamos Drive). This
Alternative will result in an overall slightly smaller development footprint but will
require additional height (i.e., greater than the three-level structure design
included in the proposed Project) to achieve the City’s Municipal Code minimum
parking requirement for medical office use. The Alternative Parking Structure
Alternative will displace the mature landscaping vegetation on the alternate site
but will retain the mature landscaping vegetation currently growing around the
existing western surface parking lot.
Impacts
The Alternate Parking Structure Location Alternative would still contribute the
same amount of traffic trips as the Project. The Alternative Parking Structure
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Alternative would result in less short-term construction by eliminating excavation
into the hillside to build the parking structure but would still require the same
amount of overall construction disturbance and off-site improvements. Impacts
to Air Quality, GHG Emissions, Noise, and Transportation/Circulation would
continue to be potentially significant without mitigation implementation.
Furthermore, the taller parking structure design, located closer to Lucas Valley
Road and without the aid of existing screen trees could potentially present a new
visual impact.
Finding
The City Council (1) rejects this alternative on the basis that it fails to meet basic
Project objectives, does not sufficiently avoid or substantially reduce the
Project’s significant environmental impacts, and is infeasible for social and policy
reasons; and (2) finds that each and any of these grounds separately and
independently provide sufficient justification for rejection of this Alternative.
Facts in Support of Finding
▪ The Alternate Parking Structure Location Alternative will not meet Project
Objective #7, in that it may create a structure that would be significantly
more visibly prominent at the corner of Lucas Valley Road and Los
Gamos Drive.
▪ The Alternative Parking Structure Alternative does not offer any
significant environmental advantages in comparison with the Project.
The Alternative will include the same amount of operational vehicle trips
and result in similar environmental impacts and required mitigation
measures. Thus, it does not avoid or substantially lessen the proposed
Project’s significant and unavoidable impacts.
▪ The Alternative Parking Structure Alternative is infeasible for policy
reasons, as it fails to comply with the intent of the City’s General Plan
2020, which protect views (Policy CD-5: Views), design consistency (CD-
10: Nonresidential Guidelines) and unnecessary light and glare (CD-19.
Lighting). Since locating the parking structure on the eastern parcel of
the Project site would create a taller structure with impacts to local view
corridors, the Alternative will create a new source of light and glare that
will not be as effectively screened by existing landscaping as the Project.
▪ The Alternative Parking Structure Alternative is also infeasible for policy
reasons because it will not be consistent with the existing PD 1590 or
revised PD design standards or the San Rafael General Plan 2020 height
limits for this area of San Rafael in that it will require a modification to the
allowable height restrictions for the District.
(4) Alternative 4: Applicant-Implemented Traffic Improvements
Description
As discussed in the DEIR (pages 5-15 through 5-18) and supported by evidence
contained within the entirety of the record of proceedings, the Applicant-
Implemented Traffic Improvements Alternative assumes Kaiser Permanente
would voluntarily undertake the cost of specific traffic and infrastructure
improvements above and beyond what is required by the City’s General Plan and
the Project’s identified fair-share contribution to improve intersection operations
at Lucas Valley Road and Los Gamos Drive and the US 101 southbound and
northbound ramps.
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Mitigation measures identified in Chapter 4.6 of the DEIR (MM TRAF1, MM
TRAF-3, and MM TRAF-4) to improve impacted intersections and reduce
potential adverse effects to less than significant levels require inter-agency
coordination, review and approval of the intersection improvements. As
mitigation measures, the impacts can be reduced pursuant to CEQA; however,
until the improvements are completed, the potential traffic and circulation
conflicts remain. Therefore, the Applicant-Implemented Traffic Improvements
Alternative is premised on Kaiser Permanente developing intersection designs
and coordinating the review and permitting approval of the improvements before
the impact threshold is triggered. As such, the Applicant-Implemented Traffic
Improvements Alternative would avoid the significant impacts related to traffic
impacts identified with the project, including Impact TRAF-1 and Impact TRAF-4,
by voluntarily gaining approvals and constructing the intersection improvements
at the Lucas Valley Road and Los Gamos Drive intersection. Permitting and
construction of the intersection would still require multi-agency coordination and
entitlement review and approval.
A full list of intersection, roadway, and pedestrian improvements to be
undertaken as part of this Applicant-Implemented Traffic Improvements
Alternative is identified in Table 5-3 of the DEIR (pages 5-16 – 5-17).
Impacts
The Applicant-Implemented Traffic Improvements Alternative will contribute the
same amount of traffic trips as the Project. However, impacts to Transportation /
Circulation (TRAF-1 and TRAF-4) will be reduced to less than significant, while
impacts to Air Quality and GHG Emissions will continue to be potentially
significant without mitigation implementation.
Finding
The City Council (1) adopts this alternative as the approved “Revised Project” for
all of the specific economic, social and environmental considerations stated in
the Project findings and in the entirety of the proceedings; and (2) finds that each
and any of these grounds separately and independently provide sufficient
justification for adoption of this Alternative.
Facts in Support of Finding
▪ The Applicant-Implemented Traffic Improvements Alternative would achieve
all Project objectives. In addition, because this alternative would be providing
up-front improvements that would improve the existing vehicular and
pedestrian circulation network, some of the Project objectives would be
further enhanced, including Objective #6.
▪ Since this Alternative would provide up-front improvements to improve the
existing vehicular and pedestrian circulation network, it provides more
efficient and improved intersection operations than as originally contemplated
under the proposed Project.
▪ The Applicant-Implemented Traffic Improvements Alternative is identified in
the DEIR as the Environmentally Superior Alternative. The Alternative would
still contribute the same amount of traffic trips as the proposed Project,
however, impacts to Transportation and Circulation would be reduced to less
than significant, while impacts to Air Quality and GHG Emissions would
continue to be potentially significant without mitigation implementation.
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▪ The Applicant-Implemented Traffic Improvements Alternative creates a
funding source and impetus to construct identified off -site improvements to
alleviate potential traffic issues at the Los Gamos Drive / Lucas Valley Road
intersection.
▪ The Applicant-Implemented Traffic Improvements Alternative would be
consistent with and implement Policy C-6 of the San Rafael General Plan
2020.
▪ The City of San Rafael would benefit from a major monetary contribution of
the intersection improvement and the intersection improvement itself, which
is identified as an improvement required by the General Plan 2020.
▪ The Applicant-Implemented Traffic Improvements Alternative would commit
Kaiser Permanente to funding the identified improvements in addition to
paying its Traffic Mitigation Fees, the latter of which could be utilized for
other traffic improvements throughout San Rafael.
Approved Alternative for Adoption
Consistent with CEQA Guidelines Section 15126.6(e), an environmentally superior
alternative must be identified among the alternatives that were studied. The DEIR
concludes (Chapter 5.9; page 5-18 – 5-19) that the Environmentally Superior
Alternative is the Applicant-Implemented Traffic Improvements Alternative for the
following reasons:
▪ The Alternative meets, and in some cases additionally enhances, all
Project objectives, including furthering community support of improved
highway access and circulation. Furthermore, this Alternative includes
additional circulation improvements, including upgrades to pedestrian
sidewalks and bicycle lanes within the Project area.
▪ The Applicant-Implemented Traffic Improvements Alternative is feasible
from policy, social, economic, and environmental standpoints.
▪ Although Impact TRAF-3 and TRAF-5 would remain significant and
unavoidable under the Alternative for reasons discussed in DEIR Chapter
4.6 Transportation and Circulation due to the fact that the mitigation
measures identified for the Los Gamos / Las Gallinas intersection are not
proposed to be implemented by Marin County in the near future, the
Applicant-Implemented Traffic Improvements Alternative would
significantly reduce potential impacts to the local circulation network, and
avoid significant impacts at the Los Gamos Drive / Lucas Valley Road
intersection (Impacts TRAF-1 and TRAF-4). Environmental impacts
associated with other potential areas of concern, including air quality and
GHG emissions, will be mitigated to less than significant levels in this
Alternative, as same under the proposed Project.
▪ The Applicant-Implemented Traffic Improvements Alternative mirrors the
proposed Project in all instances, except for additionally providing up-
front improvements to improve the existing vehicular and pedestrian
circulation network. As such, the “Project” as proposed under the
Applicant-Implemented Traffic Improvements Alternative is fully analyzed
in the DEIR, and the findings of this resolution that address the proposed
Project are adopted as similarly addressing the Applicant-Implemented
Traffic Improvements Alternative.
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The City Council, in its review of the Final EIR/Response to Comments (FEIR),
considers this Applicant Implemented Traffic Improvements Alternative preferable to
the originally proposed Project for all the reasons and evidence presented above
and as included in these findings based on the entirety of the proceedings. As such,
the City Council hereby approves of the Applicant-Implemented Traffic
Improvements Alternative as the adopted “Revised Project.”
BE IT FURTHER RESOLVED, that the City Council adopts the following Statement of
Overriding Considerations:
G. STATEMENT OF OVERRIDING CONSIDERATIONS
The City Council adopts the following Statement of Overriding Considerations based on
information in the FEIR and all other information in the record, including the proposal of
public benefits outlined in the July 25, 2018 letter from Judy Coffey, Kaiser
Permanente’s SVP/Area Manager Marin/Sonoma Service Area to City Manager, Jim
Schutz (on file with the Department of Community Development). The City Council
recognizes that significant and unavoidable impacts would result from implementation of
the Project.
Pursuant to Section F of this Resolution, the City Council approves of the Applicant-
Implemented Traffic Improvements Alternative as the adopted “Revised Project.” The
City Council hereby declares that, pursuant to State CEQA Guidelines Section 15093,
the City Council has balanced the benefits of the Revised Project against any
unavoidable environmental impacts in determining whether to approve the Revised
Project. Pursuant to the State CEQA Guidelines, if the benefits of the Revised Project
outweigh the unavoidable adverse environmental impacts, those impacts may be
considered “acceptable.”
The City Council hereby declares that the EIR has identified and discussed significant
effects which may occur as a result of the Revised Project. With the implementation of
the Mitigation Measures discussed in the EIR and adopted by this Resolution, these
effects can be mitigated to a level of less than significant except for the two unavoidable
significant impacts discussed in Section F of this Resolution.
The City Council hereby declares that it has made a reasonable and good faith effort to
eliminate or substantially mitigate the potential impacts resulting from the Revised
Project. The City Council hereby declares that to the extent any Mitigation Measures
recommended in the EIR would not be incorporated, such Mitigation Measures are
infeasible because they would impose restrictions on the Revised Project that would
prohibit the realization of specific economic, social and other benefits that the City
Council finds outweigh the unmitigated impacts.
The City Council further finds that except for the Applicant-Implemented Traffic
Improvements Alternative, all other alternatives set forth in the EIR are rejected as being
either inconsistent with project objectives, infeasible because they would prohibit the
realization of specific policy, social and other benefits that this City Council finds
outweigh any environmental benefits of the alternatives or are otherwise not
environmentally superior.
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The City Council further finds that the Applicant-Implemented Traffic Improvements
Alternative and the Public Benefits provided by the Applicant (as listed below) off -set the
potentially significant and unavoidable impacts identified in Impacts TRAF-3 and TRAF-
5 to the Las Gallinas Ave/ Lucas Valley Rd intersection. Specifically, given that the
intersection is outside the City’s jurisdiction and there is no current identified
improvement for this County intersection, and any modifications would require public
outreach prior to design approval, the City Council hereby finds that the Applicant’s
public benefit offer outweighs it’s impacts.
The reasons discussed below summarize the benefits, goals and objectives of the
Revised Project, and provide, in addition to the findings, the detailed rationale for
adoption of the Revised Project. Collectively, these overriding considerations are
sufficient to outweigh the adverse environmental impacts of the Revised Project.
The City Council hereby declares that, having reduced the adverse significant
environmental effect of the Project to the extent feasible by recommending adoption of
the Mitigation Measures contained in this Resolution, having considered the entire
administrative record on the Project, and having weighed the benefits of the Revised
Project against its unavoidable adverse impact after mitigation, the City Council finds
that each of the following social, economic and environmental benefits of the Revised
Project separately and individually outweigh the single potential unavoidable adverse
impact and render that potential adverse environmental impact acceptable based upon
the following overriding considerations:
1. Furtherance of City Goals and Policies
The Revised Project will implement, and is consistent with, City goals, objectives,
policies and programs for the Project Site described in the following City General
Plan Elements: Land Use, Neighborhood, Sustainability, Circulation, Economic
Vitality, and Safety, as thoroughly analyzed in the Project DEIR. The Revised Project
will also support San Rafael’s Objectives and Design Guidelines for the North San
Rafael Commercial Center Neighborhood by proposing a design that provides an
entry and focal point off Los Gamos Drive, provides building and parking area
setbacks improved with drought-tolerant landscaping, and screens mechanical and
other roof top equipment from view. Further, building interiors will be accented with
artwork created by local artists.
2. Development of an Existing Infill Site
The Revised Project will facilitate the development of an infill site in an existing
urbanized area in San Rafael and will result in regional environmental benefits
because it will not require the extension of utilities or roads into undeveloped areas,
is convenient to major arterials, services and transit, including a SMART shuttle, and
will not directly or indirectly lead to the development of greenfield sites in the San
Francisco Bay Area.
3. Significant Community Benefits and Traffic/Infrastructure Investments
The Revised Project, as defined and detailed in the DEIR’s Alternative 4: Applicant-
Implemented Traffic Improvements, results in economic and community benefits to
the City by providing more efficient and improved intersection operations. As
explained in the DEIR, Kaiser Permanente will voluntarily construct identified traffic
and infrastructure improvements at Los Gamos Drive and Lucas Valley Road above
and beyond what is required by the City’s General Plan and the Project’s identified
fair-share contribution in order to improve intersection operations and reduce
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Revised Project impacts to less than significant. Intersection improvements include
grading and restriping, traffic signal installation, new sidewalks and curbs, pedestrian
level lighting, and an extension of a Class II bicycle lane.
In addition, as an additional community benefit and voluntary Revised Project
contribution, Kaiser Permanente offers to fully fund these identified intersection
improvements—at an approximate cost of $1,050,000—with no expectation of
reimbursement by the City and County as initially contemplated in the DEIR.
This voluntary contribution is in addition to $1,855,502 to be assessed by the City as
a Project Development Impact Fee for Traffic Mitigation to be used toward future
citywide circulation and improvement projects identified in the City’s General Plan.
4. Increased Economic Impacts to the City of San Rafael
The Revised Project will positively contribute to the City’s local economy through
new capital investment, as well as through retaining Kaiser’s approximately 315
employees in the City and adding an additional 174 construction and trades jobs at
peak construction. These employees are a primary source of potential business as
a result of their patronizing restaurants, shops and cafes.
5. Enhanced Public Safety and Public Health
The Revised Project will provide a major medical care facility to serve existing and
future demand in the City of San Rafael and greater Marin region, which will in turn
result in an increase in the quality and efficiency of medical care delivery to patients.
The Revised Project will supplement and support existing Kaiser medical offices,
hospitals, and other facilities in the region that are currently constrained in their
ability to enhance existing services or to renovate clinical areas. The Revised
Project will also provide integrated care options for local residents at a conveniently
located facility with easy access to the freeway and proximity to public transit
options.
As part of Kaiser Permanente’s Transportation Demand Management (TDM) plan
intended to reduce midday and peak hour vehicle trips, the MOB will include a small
café serving healthy meals and snacks, and healthy cooking demonstrations and
nutrition talks will be available to members, staff, and nonmembers. The café will
operate Monday-Saturday between the hours of 8am and 6pm.
In addition, as an ancillary use to the Revised Project’s proposed primary care
medical uses, Kaiser Permanente will relocate and expand its Health Education
Center—a free and a valuable resource for individuals to access current information
on health and wellness and disease management and online tools to help manage
health conditions. Although Kaiser Permanente’s Health Education Center has
always been open to the public, as part of the Project it will now be centrally located
with greater accessibility to those who may be on campus or prescribed its use as
medical follow up (e.g., smoking cessation, etc.). The expanded Health Education
Center will provide:
a. Health Education professionals available to assist with online health information
searches, Monday-Friday, 9am- 5pm;
b. Internet access to kp.org, My Doctor Online, the Kaiser Permanente Clinical
Library, and other evidence-based health-related sites;
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c. Blood pressure self-check equipment;
d. Body Mass Index scale and body fat composition analyzer;
e. Health information tip sheets (electronic and soft copy); and
f. Resting metabolic rate testing with weight management education, available to
members and nonmembers for a nominal fee.
The Health Education Center also offers classes to community members, including a
no-cost, six-week smoking cessation program and classes on creating an Advance
Health Care Directive.
6. Implementation of Sustainable Development Strategies
The Revised Project will implement a comprehensive environmental sustainability
strategy, including complying with Title 24 (California Energy Efficiency Sta ndards)
and seeking to achieve a Certified Leadership in Energy and Environmental Design
(LEED) Gold certification or equivalent. In order to achieve a high level of
sustainability and a LEED Gold rating, Kaiser Permanente will also implement many
of its current green strategies, such as:
a. Solar panel distribution on the Project site is anticipated to provide much of the
electrical needs at the building and parking structure;
b. 39 Electric Vehicle charging stations will be installed at the MOB and parking
structure, which exceeds the current local requirement and promotes Clean
Vehicle use;
c. Shuttles to transport members and staff from other local Kaiser Permanente
facilities and the regional SMART rail service;
d. Standard-55 American Society of Heating, Refrigeration, and Air Conditioning
Engineers (ASHRAE) compliance, a 20% better energy performance than
standard ASHRAE;
e. Energy submetering for power, gas and water for optimal measurement and
verification ability for post occupancy;
f. Direct Digital Control HVAC system for maximum energy savings;
g. High efficiency filtration for better indoor air quality;
h. 100% LED lighting systems with occupancy sensors throughout building;
i. High efficiency exterior that will reduce light pollution and save energy;
j. Ultra-low flow water fixtures, including toilets and sinks;
k. Photovoltaic thermal system that leverages the heat created in the photovoltaic
system to heat the building water supply;
l. Recycled water for landscaping irrigation, toilets, cooling towers and closed loop
hydronic system;
m. DIRTT Walls, an innovative, modular wall system that allows for future flexibility
and reduction in initial construction waste and duration;
n. Bike storage and racks for physicians, staff, and members;
o. On-site showers for staff and physicians; and,
p. Use of PVC-free materials, low or no volatile organic compound (VOC) free
paints, CFC-free refrigerants, formaldehyde-free casework, and use of recycled
building materials.
7. Greenhouse Gas Emissions Reduction and Congestion Relief
The Revised Project incorporates a TDM plan that will encourage alternate modes of
transportation other than single-occupancy vehicles. The following TDM plan will be
provided:
31
a. A TDM manager who is responsible for, but not limited to, developing and
disseminating transportation information, aiding employees in the selection of
transportation options, and communicating available transit alternatives;
b. An on-line transit information center, as part of the internal website that provides
information on the Kaiser Permanente TDM, that describes current public transit,
vanpools, carpools and shuttle services serving the area;
c. A carpool and vanpool matching program;
d. Commuter subsidy for bicycle, transit or car/vanpool use (current subsidy is
$60/month);
e. Pre-tax commuter spending accounts;
f. Guaranteed Ride Home program; and
g. Local Kaiser Shuttle to shuttle employees to and from SMART Station and other
Kaiser facilities in the City of San Rafael.
The Revised Project will also provide designated on-site bicycle parking, as well as
dedicated parking for carpool/vanpools and electric charging stations for electric
vehicles.
The Project at 1650 Los Gamos Drive would promote sustainability by providing a
centralized medical office facility that is in close proximity for all Marin residents. As
noted above, patients currently visit several different Kaiser facilities throughout
Marin County. The development of the MOB should eliminate current vehicle trips
traveled through existing neighborhoods in San Rafael, which will, in turn reduce
greenhouse gas emissions and other related hazards.
H. ADOPTION OF MITIGATION MONITORING AND REPORTING PROGRAM
Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the
Mitigation Monitoring and Reporting Program attached to this Resolution as Exhibit A, to
be made a condition of approval of the Revised Project. In the event of any
inconsistencies between the Mitigation Measures as set forth herein and the Mitigation
Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program
shall control.
I. STAFF DIRECTION
A Notice of Determination shall be filed with the County of Marin and the State
Clearinghouse within five (5) working days of final Project approval.
32
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of the City of
San Rafael, held on Monday, the 17th of September 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS Bushey, Colin, Gamblin, McCullough and Mayor Phillips
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
SAN RAFAEL CITY COUNCIL
BY:___________
LINDSAY LARA, City Clerk
Exhibit A – Mitigation Monitoring and Reporting Program (MMRP)
Exhibit A-1
EXHIBIT A: MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Implementation
Responsibility
Agency
Responsible for
Monitoring
Monitoring and
Reporting Action
Monitoring
Schedule
Compliance
Verification
Aesthetics
MM AES-1: Prior to the issuance of any building permits, the Project
applicant shall submit to the satisfaction of the Community Development
Department Director, Project building plans that include a photometric
lighting study demonstrating that outdoor lighting fixtures meet the
requirements of the California Energy Code (known as Part 6, Title 24 of
the California Code of Regulations).
Applicant/Contractor Planning
Department/
Building Division
City of San Rafael Planning Department to confirm photometric study and lighting
plan.
City of San Rafael Building Department
to review Plan for compliance with
required lighting specifications
Prior to issuance of building permit.
Verified by:
Date:
Air Quality
MM AIR-1. Include basic measures to control dust and exhaust
during construction. During any construction period ground disturbance,
Kaiser Permanente shall ensure that the Project contractor implement
measures to control dust and exhaust. Implementation of the measures
recommended by BAAQMD and listed below would reduce the air quality
impacts associated with grading and new construction to a less than
significant level. The contractor shall implement the following best
management practices that are required of all projects:
1) All exposed surfaces (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) shall be watered two
times per day.
2) All haul trucks transporting soil, sand, or other loose material off-
site shall be covered.
3) 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.
4) All vehicle speeds on unpaved roads shall be limited to 15 miles
per hour (mph).
5) All roadways, driveways, and sidewalks to be paved shall be
completed as soon as possible. Building pads shall be laid as
soon as possible after grading unless seeding or soil binders are
Applicant/Contractor Planning
Department/
Building Division
City of San Rafael
Planning Department
to confirm site and
equipment
specifications are
identified on applicable
construction plans and
specifications.
Prior to
issuance of building permit.
Verified by:
Date:
City of San Rafael
Building Division to
inspect site during
construction to ensure
compliance with
Project construction
plans.
During
construction
Exhibit A-2
Mitigation Measures
Implementation
Responsibility
Agency
Responsible for
Monitoring
Monitoring and
Reporting Action
Monitoring
Schedule
Compliance
Verification
used.
6) 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.
7) All construction equipment shall be maintained and properly
tuned in accordance with manufacturer’s specifications. All
equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to operation.
8) Post a publicly visible sign with the telephone number and
person to contact at the Lead Agency 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.
Biological Resources
MM BIO-1: Prior to issuance of a grading or building permit, the Project
sponsor shall conduct a preconstruction nesting bird and bat survey.
Preconstruction surveys shall include the following:
1) Perform any vegetation trimming and/or removal outside of the
bird nesting season (Sept. 1 – Feb. 14);
2) Provide a worker environmental awareness training for
construction personnel;
3) Perform preconstruction surveys for nesting migratory birds by a
qualified biologist no more than 72 hours prior to the start of
construction for activities occurring during the breeding season
(February 15 to August 31); and
4) If work is to occur within 300 feet of active raptor nests or 50
feet of active passerine nests, non-disturbance buffers will be
established at a distance sufficient to minimize disturbance.
Applicant/Biologist/
Contractor
Planning
Department
City of San Rafael
Planning to review and approve a qualified
biologist.
Prior to
issuance of building permit.
Verified by:
Date:
Conduct pre-construction survey per
time frames described in Mitigation Measure
BIO-1.
Prior to construction
Follow protocol described in Mitigation
Measure BIO-1 during construction.
During construction
Hydrology and Water Quality
MM HYDRO-1: Prior to grading activities, the Project applicant shall
prepare a Stormwater Pollution Prevention Plan (SWPPP) in
accordance with the requirements of the statewide Construction
Applicant/Contractor Building
Department /
Public Works/
RWQCB
City of San Rafael / RWQCB to review and approve SWPPP
Prior to issuance of building permit.
Verified by:
Date:
Exhibit A-3
Mitigation Measures
Implementation
Responsibility
Agency
Responsible for
Monitoring
Monitoring and
Reporting Action
Monitoring
Schedule
Compliance
Verification
General Permit. The SWPPP shall be prepared by a Qualified SWPPP
Developer (QSD). The SWPPP shall include the minimum Best Management
Practices (BMPs) required for the identified risk level. The SWPPP shall be
designed to address the following objectives:
1) All pollutants and their sources, including sources of sediment
associated with construction, construction site erosion, and all
other activities associated with construction activity are controlled;
2) Where not otherwise required to be under a Regional Water
Quality Control Board permit, all non‐stormwater discharges are
identified and either eliminated, controlled, or treated;
3) Site BMPs are effective and result in the reduction or elimination of
pollutants in stormwater discharges and authorized
non‐stormwater discharges from construction activity; and
4) Stabilization BMPs installed to reduce or eliminate pollutants after
construction are completed.
5) BMP implementation shall be consistent with the BMP
requirements in the most recent version of the California
Stormwater Quality Association Stormwater Best Management
Handbook‐Construction or the Caltrans Stormwater Quality
Handbook Construction Site BMPs Manual.
Implement BMPs prior/during construction
Field inspections during construction
MM HYDRO-2: Prior to a certificate of occupancy, the Project applicant
shall verify that operational stormwater quality control measures that
comply with the requirements of the current Phase II Small MS4 Permit
have been implemented. Responsibilities include but are not limited to:
1) Designing BMPs into Project features and operations to reduce
potential impacts to surface water quality and to manage
changes in the timing and quantity of runoff associated with
operation of the Project. These features shall be included in the
design‐level drainage plan and final development drawings.
2) The proposed Project shall incorporate site design measures and
Low Impact Development design standards, including minimizing
disturbed areas and impervious surfaces, infiltration, harvesting,
evapotranspiration, and/or bio‐treatment of stormwater runoff.
Applicant/Engineer Public
Works/Planning Department/
RWQCB
City of San Rafael DPW
reviews Project Applicant Checklist for
NPDES Permit Requirements and
Post-Construction BMP Operation and
Maintenance Plan
Prior to
certificate of occupancy
Verified by:
Date:
Implement BMPs prior/during to
construction
Field inspections
during construction
Review annual monitoring report Post-construction
Exhibit A-4
Mitigation Measures
Implementation
Responsibility
Agency
Responsible for
Monitoring
Monitoring and
Reporting Action
Monitoring
Schedule
Compliance
Verification
3) The project applicant shall establish an Operation and
Maintenance Plan. This plan shall specify a regular inspection
schedule of stormwater treatment facilities in accordance with the
requirements of the Phase II Small MS4 Permit.
4) Funding for long‐term maintenance of all BMPs shall be
specified.
Noise
MM NOISE-1. Incorporate best management practices during
Project construction activities. Reasonable regulation of the hours of
construction, as well as regulation of the arrival and operation of heavy
equipment and the delivery of construction material, are necessary to
protect the health and safety of persons, promote the general welfare of
the community, and maintain the quality of life. In compliance with the
City’s Municipal Code, the Project shall adhere to the allowable
construction hours of 7:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to
6:00 p.m. on Saturdays. Construction activities are prohibited on Sundays
and national holidays. Additionally, the construction crew shall adhere to
the following construction best management practices to reduce
construction noise levels emanating from the site and minimize disruption
and annoyance at existing noise-sensitive receptors in the Project vicinity.
Construction Best Management Practices
In order to reduce potential significant impacts from temporary
construction activities, Kaiser Permanente shall be required to develop a
construction noise control plan, including, but not limited to, the following
available controls:
1) Construct temporary noise barriers, where feasible, to screen
stationary noise-generating equipment. Temporary noise barrier
fences would provide a 5 dBA noise reduction if the noise barrier
interrupts the line-of-sight between the noise source and
receptor and if the barrier is constructed in a manner that
eliminates any cracks or gaps.
2) Equip all internal combustion engine-driven equipment with
intake and exhaust mufflers that are in good condition and
appropriate for the equipment.
3) Unnecessary idling of internal combustion engines should be
strictly prohibited.
Applicant/Contractor Planning
Department/ Building
Department
City of San Rafael
Planning / Building to review and approve
project specifications and grading and
construction plans for inclusion of this
measure into specifications.
Prior to
issuance of
building
permit.
Verified by:
Date:
Implement noise
reduction measures during construction
hours
Field
inspections
during
construction
Exhibit A-5
Mitigation Measures
Implementation
Responsibility
Agency
Responsible for
Monitoring
Monitoring and
Reporting Action
Monitoring
Schedule
Compliance
Verification
4) Locate stationary noise-generating equipment, such as air
compressors or portable power generators, as far as possible
from sensitive receptors as feasible. If they must be located near
receptors, adequate muffling (with enclosures where feasible and
appropriate) shall be used to reduce noise levels at the adjacent
sensitive receptors. Any enclosure openings or venting shall face
away from sensitive receptors.
5) Utilize "quiet" air compressors and other stationary noise sources
where technology exists.
6) Construction staging areas shall be established at locations that
will create the greatest distance between the construction-
related noise sources and noise-sensitive receptors nearest the
Project site during all Project construction.
7) Locate material stockpiles, as well as maintenance/equipment
staging and parking areas, as far as feasible from residential
receptors.
8) Route construction-related traffic along major roadways and as
far as feasible from sensitive receptors. Control noise from
construction workers’ radios to a point where they are not
audible at existing residences bordering the Project site.
9) The contractor shall prepare a detailed construction schedule for
major noise-generating construction activities. The construction
plan shall identify a procedure for coordination with adjacent
residential land uses so that construction activities can be
scheduled to minimize noise disturbance.
10) Designate a "disturbance coordinator" who would be responsible
for responding to any complaints about construction noise. The
disturbance coordinator will determine the cause of the noise
complaint (e.g., bad muffler, etc.) and will require that reasonable
measures be implemented to correct the problem. Conspicuously
post a telephone number for the disturbance coordinator at the
construction site and include in it the notice sent to neighbors
regarding the construction schedule.
11) The implementation of the reasonable and feasible controls
outlined above would reduce construction noise levels
emanating from the site by 5 to 10 dBA in order to minimize
disruption. With the implementation of these controls, as well as
the Municipal Code limits on allowable construction hours, and
Exhibit A-6
Mitigation Measures
Implementation
Responsibility
Agency
Responsible for
Monitoring
Monitoring and
Reporting Action
Monitoring
Schedule
Compliance
Verification
considering that construction is temporary, the impact would be
reduced to a less-than-significant level.
Transportation and Circulation
MM TRAF-1. Signalize Lucas Valley Road / Los Gamos Drive. In
coordination with the City of San Rafael, the County of Marin Department
of Public Works, and Caltrans, Kaiser Permanente shall pay the fair share
cost to signalize the Lucas Valley Road / Los Gamos Drive intersection to
mitigate poor operating conditions. Signalizing the intersection is
consistent with improvements identified in the San Rafael General Plan
2020. Due to its close proximity to the US-101 Ramp terminal
intersections, the new signal should include traffic signal interconnect and
be coordinated with the adjacent interchange signals. Additionally,
interagency coordination will be required during design, construction and
maintenance of the new signal. Therefore, a memorandum of
understanding (MOU) will be required between the City of San Rafael and
the County of Marin to document the management and maintenance of
the new signal, since the US 101/Lucas Valley interchange signals and the
new Lucas Valley Road / Los Gamos Drive signal would need to be
operated and maintained by one or multiple agencies.
Signalizing the intersection would mitigate the project impact to a less
than significant impact. However, implementation of the mitigation
measure requires the intersection improvements to be fully funded and
constructed. Therefore, until and unless the MOU and fair-share
contributions are finalized, and the design and construction of the
intersection is permitted and approved, the Project will result in a
significant and unavoidable impact.
Applicant/Contractor
Public Works/
Planning Department/
County of Marin/
Caltrans
City of San Rafael to
prepare MOU prior to Project approval.
Review MOU and
project plans to ensure measure is
implemented.
Prior to final
occupancy Verified by:
Date:
Installation of signal / conduit
Site inspection post-
construction
Exhibit A-7
Mitigation Measures
Implementation
Responsibility
Agency
Responsible for
Monitoring
Monitoring and
Reporting Action
Monitoring
Schedule
Compliance
Verification
MM TRAF-2. Kaiser Permanente shall implement additional TDM
measures. Kaiser Permanente shall implement a TDM program, as
described in Chapter 3: Project Description and Section 4.6.4.2:
Transportation Demand Management Considerations of this traffic impact
chapter (Section 3.1.1 of the 1650 Los Gamos Drive FTIA). Implementation
of these TDM strategies would go beyond what is required as part of the
PD District, with the goal of reducing employee vehicle trips, thereby
reducing the Project’s impact on the regional network.
Based on a quantitative assessment of the TDM measures proposed in the
1650 Los Gamos Drive FTIA, the TDM strategies may yield a Project vehicle
trip generation reduction of up to 12-percent between the Miller Creek
Off-Ramp and Miller Creek On-Ramp. If maximally effective,
implementation of the Project’s TDM strategies would result in a project
trip reduction of up to 10-15 AM peak hour trips along this segment,
which would result in a project contribution of less than a 0.01 increase in
volume to capacity ratio. As presented in the 1650 Los Gamos Drive FTIA,
implementation of the Project’s TDM measures will achieve this reduction,
however, Kaiser will annually quantitatively analyze and monitor employee
vehicle trip generation data via comprehensive employee surveys and
make adjustments to its TDM measures as needed to achieve the stated
reduction.
As described in the 4.6.4.2: Transportation Demand Management
Considerations and the Fehr & Peers 1650 Los Gamos Drive FTIA, Kaiser
Permanente shall conduct an annual employee survey and prepare a
monitoring report that evaluates the effectiveness of the Project’s TDM
Plan. The TDM program will be submitted to the City of San Rafael for
comment and review. Kaiser Permanente will coordinate with the City of
San Rafael, as necessary. The annual survey shall demonstrate how the
TDM measures reduce the Project’s impact to peak-hour volume to
capacity ratio for the Miller Creek on and Off Ramp.
Applicant/Contractor Public Works/ Planning Department
City of San Rafael Planning/DPW to review TDM to ensure measures are implemented.
Prior to final occupancy
Verified by:
Date:
Applicant to submit report by December
1st, annually.
Exhibit A-8
Mitigation Measures
Implementation
Responsibility
Agency
Responsible for
Monitoring
Monitoring and
Reporting Action
Monitoring
Schedule
Compliance
Verification
MM TRAF-3. Improve Intersection Operations at Lucas Valley
Road/Las Gallinas Avenue. Improvements at the Lucas Valley Road/Las
Gallinas Avenue intersection have yet to be identified through the City of
San Rafael’s General Plan 2020; however, several vehicle capacity
improvements (such as reconfiguring the intersection to remove
channelized turn islands or replacing the existing signal with a
roundabout) may be considered by the City of San Rafael to mitigate poor
operating conditions at the intersection. Capacity increasing
improvements include various trade-offs, however. For example, adding
capacity could facilitate more vehicular traffic but this could also have an
adverse impact to pedestrians and bicyclists and result in the diversion of
more pass-through traffic along Las Gallinas Avenue and an increase in
VMT. Although mitigation is possible at this intersection to address
Project impacts, the intersection is outside of the City’s jurisdiction and
specific improvements have yet to be identified by either the City of San
Rafael or the County of Marin. As such, the feasibility of potential
mitigations will require further study and coordination with local
neighborhood groups, the City of San Rafael, and the County of Marin,
who operates and maintains the existing traffic signal. Since the City
cannot legally implement mitigation measures outside of its jurisdiction,
this potential mitigation is infeasible from both a legal and public policy
standpoint. Ultimately, the City of San Rafael, in coordination with the
County of Marin, would be responsible for implementing improvements,
of which Kaiser Permanente would pay its fair share; however, as
discussed above, since the intersection is not part of a traffic fee program
and intersection improvements have yet to be identified, the Project
would result in a significant and unavoidable.
Applicant/Contractor Public Works/ Planning Department/
County of Marin
Review MOU to ensure measure and fair-share contribution is implemented.
Prior to final occupancy Verified by:
Date:
Exhibit A-9
Mitigation Measures
Implementation
Responsibility
Agency
Responsible for
Monitoring
Monitoring and
Reporting Action
Monitoring
Schedule
Compliance
Verification
MM TRAF-4. Signalize and Reconfigure the Lucas Valley Road/Los
Gamos Drive Intersection. In coordination with the City of San Rafael
Department of Public Works, the County of Marin Department of Public
Works, and Caltrans, Kaiser Permanente shall pay a fair share contribution
to the reconfiguring and signalization of the Lucas Valley Road/Los
Gamos Drive Intersection. The San Rafael General Plan 2020 (Exhibit 21
#2) identifies improvements at this intersection, including signalizing the
intersection, adding dual westbound left turn lanes, reconfiguring the
northbound approach, and removing existing striped channelized islands,
as illustrated in Figure 4.6-13. Due to its close proximity to the US-101
Ramp terminal intersections, the new signal should include traffic signal
interconnect and be coordinated with the adjacent interchange signals.
Additionally, since the majority of the intersection is located within the
County of Marin jurisdiction, interagency coordination will be required
during design, construction and maintenance of the new signal.
Furthermore, a memorandum of understanding (MOU) will be required
between the City of San Rafael and the County of Marin to document the
management and maintenance of the intersection and signals since the
US 101/Lucas Valley interchange signals and the new Lucas Valley Road /
Los Gamos Drive signal would be operated and maintained by one or
multiple agencies.
Implementing these improvements would mitigate the Project’s impact to
less than significant. However, until the intersection is fully funded,
approved by the referenced public agencies, and constructed, the impact
to the level of service would remain. Therefore, until and unless the MOU
and fair-share contributions are finalized, the design and construction of
the intersection is permitted and approved by all parties, the Project will
result in a significant and unavoidable impact.
Applicant/Contractor Public Works/ Planning Department/
County of Marin/
Caltrans
Review MOU and project plans to ensure measure is implemented.
Installation and construction of traffic signal and associated
improvements
Prior to final occupancy Verified by:
Date:
Exhibit A-10
Mitigation Measures
Implementation
Responsibility
Agency
Responsible for
Monitoring
Monitoring and
Reporting Action
Monitoring
Schedule
Compliance
Verification
Cultural Resources
MM CULT-1: Protect Archaeological Resources Identified during
Construction: The Project sponsor shall ensure that construction crews stop
all work within 100 feet of the discovery until a qualified archaeologist can
assess the previously unrecorded discovery and provide recommendations.
Resources could include subsurface historic features such as artifact-filled
privies, wells, and refuse pits, and artifact deposits, along with concentrations
of adobe, stone, or concrete walls or foundations, and concentrations of
ceramic, glass, or metal materials. Native American archaeological materials
could include obsidian and chert flaked stone tools (such as projectile and
dart points), midden (culturally derived darkened soil containing heat-
affected rock, artifacts, animal bones, and/or shellfish remains), and/or
groundstone implements (such as mortars and pestles).
Applicant/Contractor Planning Department
Applicant to retain qualified archaeologist to implement protocol described in Mitigation Measure CULT-1
Prior to and during construction
Verified by:
Date:
MM CULT-2: Protect Human Remains Identified During
Construction: The Project proponent shall treat any human remains and
associated or unassociated funerary objects discovered during soil-
disturbing activities according to applicable State laws. Such treatment
includes work stoppage and immediate notification of the Marin County
Coroner and qualified archaeologist, and in the event that the Coroner’s
determination that the human remains are Native American, notification
of NAHC according to the requirements in PRC Section 5097.98. NAHC
would appoint a Most Likely Descendant (MLD). A qualified archaeologist,
Project proponent, County of Marin, and MLD shall make all reasonable
efforts to develop an agreement for the treatment, with appropriate
dignity, of any human remains and associated or unassociated funerary
objects (CEQA Guidelines Section 15064.5[d]). The agreement would take
into consideration the appropriate excavation, removal, recordation,
analysis, custodianship, and final disposition of the human remains and
associated or unassociated funerary objects. The PRC allows 48 hours to
reach agreement on these matters.
Applicant/Contractor Building Department/
Planning Department
City of San Rafael Planning to verify
mitigation measure on construction plans.
Prior to issuance of
grading permit
Verified by:
Date:
Applicant to retain
qualified archaeologist to implement protocol
described in Mitigation Measure CULT-2
During
construction
MM TRIBAL-1: Implementation of the unanticipated discovery
measures outlined in Section V(b) and (d) above, address the potential
discovery of previously unknown resources within the project area. If
significant tribal cultural resources are identified onsite, all work would
stop immediately within 50 feet of the resource(s) and the project
applicant would comply with all relevant State and City policies and
Applicant/Contractor Planning Department/
Federated Indians of Graton Rancheria
Applicant to immediately retain
Tribal Historic Preservation Officer (THPO) to implement protocol described in Mitigation Measure TRIBAL-1
During construction Verified by:
Date:
Exhibit A-11
Mitigation Measures
Implementation
Responsibility
Agency
Responsible for
Monitoring
Monitoring and
Reporting Action
Monitoring
Schedule
Compliance
Verification
procedures prescribed under PRC Section 21074.
ORDINANCE NO.1962 AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT (PD-1590) ZONING TO: 1) SEPARATE 1650 LOS GAMOS DRIVE FROM EXISTING PD-1590 AND 2) CREATE A NEW PD ZONING DISTRICT FOR 1650 LOS GAMOS DRIVE WITH LAND USE REGULATIONS AND DEVELOPMENT STANDARDS TO ALLOW MEDICAL OFFICE USE IN ADDITION TO GENERAL OFFICE USES (KAISER MEDICAL OFFICE BUILDING AT 1650 LOS GAMOS DR -APN's 165-220-12 &13) WHEREAS, in 1972, the City of San Rafael adopted an Administrative Professional / Planned Unit Development Administrative Professional District (AP and PUD-AP District) establishing Lucas Green I for the 1600 Los Gamos Drive property. The 38.4-acre Lucas Green Master Plan was adopted to permit development of general office, administrative office, a computer center and associated parking and related uses for the specific parcels within the Plan Area. WHEREAS, in 1979, the overlaying zoning district was amended (to PD-1350 District) to allow the construction of Lucas Green II at 1650 Los Gamos Drive with the condition requiring a Transportation Service Management (TSM) Plan. The PD District change was approved to allow two office buildings: a 340,000 sq. ft. computer center, and a 150,000 sq. ft. computer and office building with 1,296 parking spaces. In 1990, PD-1350 was further amended (to PD-1590) to include the TSM as a requirement; and WHEREAS, On February 21, 2017, Kaiser Foundation Health Plan (Kaiser or Kaiser Permanente) submitted project applications to the City of San Rafael Community Development Department for a Use Permit (UP17-005), an Environmental and Design Review Permit (ED17-001), a Zone Change (ZC17-001) to amend the existing Planned Development (PD)-1590 District for the Marin Commons, and a Sign Program Amendment (SP17-002) for the conversion of an existing approximately 148,000-square-foot office building to medical ottice uses and the construction of an up to 511-space parking structure (Project) on the western parcel of a 11.2-acre property at 1650 Los Gamos Drive; and WHEREAS, Kaiser Permanente's application for the PD rezoning proposes to sever the 1650 Los Gamos Drive property from the larger PD-1590 Zoning District that encompasses both the 1600 Los Gamos Drive and 1650 Los Gamos ,Drive properties, and create a new separate PD Zoning District for the 1650 Los Gamos Drive property only that would allow for medical ottice use, in addition to general office and other ancillary uses; and WHEREAS, a proposed PD zonlng for Kaiser Permanente (Development Plan) is presented in attached Exhibit B, incorporated herein by reference. The PD zone proposes to: a. Sever 1650 Los Games Drive from existing PD-1590; b. Create a new PD Zoning District for the 1650 Los Gamos Drive property; c. Establish permitted land uses in the new PD District, including medical office uses in addition to general office and other ancillary uses; and Attachment 3-1 UHiiiif\iAi.
d. Establish development standards, including parking requirements for the new PD District; and WHEREAS, upon review of the subject applications, an Initial Study was prepared on June 9, 2017, consistent with the requirements of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), which found that there could be potentially significant impacts to the environment in the following areas: Air Quality, Greenhouse Gas Emissions, Land Use, Noise, Transportation and Circulation, and Project Alternatives; and WHEREAS, on June 27, 2017, the Planning Commission (Commission) held an appropriately-noticed public scoping hearing on the Notice of Preparation (NOP) for the preparation of an Environmental Impact Report (EIR) to assess the impacts of the Project. The Planning Commission directed staff to prepare an EIR for the Project pursuant to CEQA to address the following issues, Aesthetics, Air Quality, Greenhouse Gas Emissions, Land Use and Planning, Noise, Traffic and Transportation, and Project Alternatives, as per the Initial Study previously prepared for the Project; and WHEREAS, on September 6, 2017, the City of San Rafael Design Review Board (ORB) conducted a duly-noticed public meeting and reviewed the conceptual plans submitted for the Project. The DAB generally expressed support for the proposed parking structure design but requested modifications to the fa<tade to hide the "parking garage" look and requested that the structure be set back from the road; and WHEREAS, on April 13, 2018, Kaiser Permanente resubmitted a revised parking structure design proposing construction of a 473-space, three-level-plus-upper ramp parking structure at the same location as originally proposed; and WHEREAS, the Draft EIR (DEIR) was completed and a Notice of Completion (NOC) was filed and the DEIR was made available and circulated for a 45-day public comment period, beginning on March 8, 2018 and closing on April 23, 2018; and WHEREAS, on April 24, 2018, the Planning Commission held a duly-noticed public hearing to accept comments on the DEIR and directed staff to prepare a Final Environmental Impact Report (FEIR); and WHEREAS, on May 22, 2018, the ORB conducted a duly-noticed public meeting and reviewed the design of the formal applications. The Board reviewed the Project and voted unanimously to continue the matter to date uncertain, subject to specific consensus recommendations; and WHEREAS, on July 2, 2018, based on feedback from the City of San Rafael Design Review Board and community input, Kaiser Permanente resubmitted a revised parking structure design proposing construction of a 433-space, three-level parking structure at the same location as originally proposed; and WHEREAS, on July 17, 2018, the ORB conducted a duly-noticed public meeting and reviewed the plans revised in response to its May 22, 2018 comments, found that the revisions had adequately addressed their comments, and unanimously voted (5-0) to recommend approval of the Project design to the Planning Commission; and Attachment 3-2
WHEREAS, pursuant to Public Resources Code Section 21091 (d)(2)(A) and CEQA Guidelines Sections 15088, 15089 and 15132, the City responded to all the environmental comments that were submitted on the DEIR during the public review period and a FEIR was completed. On August 10, 2018, a Notice of Availability for the FEIR/Response to Comments and the August 28, 2018 Planning Commission hearing was mailed to interested persons and property owners and occupants within 500 feet of the property and to all responsible, trustee and other public agencies that commented on the DEIR. A notice of availability and public hearing was also published in the Marin Independent Journal on Saturday, August 11, 201 B; and WHEREAS, on August 28, 2018, the Planning Commission held a duly-noticed public hearing on the Project, including environmental review, the PD Rezoning (ZC17-001 ), Use Permit Amendment (UP17-005), Environmental and Design Review Permit (ED17-011), and Sign Program Amendment (SP17-001), accepting all oral and written public testimony and the written report of the Community Development Department Planning staff and closed said hearing on that date; and WHEREAS, following the public hearing, the Planning Commission adopted Resolution No.18-05 recommending adoption of the FEIR; and WHEREAS, in considering the PD Rezoning, Master Use Permit, Environmental and Design Review Permit and Sign Program Amendment applications, the Planning Commission reviewed and considered the FEIR and all applicable mitigation measures therein. The FEIR concludes that the Project will result in significant and unavoidable adverse environmental traffic impacts to the Los Gamos Drive I Lucas Valley Road and Las Gallinas Drive/ Lucas Valley Road intersections. Although these impacts could be mitigated to less-than-significant levels through the implementation of identified mitigation measures, the intersections are outside of the City's jurisdiction and require authorization and permits by the County of Marin and the California Department of Transportation (CALTRANS). As such, since the City cannot legally implement mitigation measures outside of its jurisdiction, the impacts are identified in the FEIR as significant and unavoidable. The FEIR also identifies Alternative 4: "Applicant-Implemented Traffic Improvements" as the Environmentally Superior Alternative and concludes that it would eliminate signlficant and unavoidable impacts to the Los Gamos Drive/ Lucas Valley Road intersection. The Planning Commission weighed the Project benefits against the unavoidable, adverse environmental effects. By separate resolution (No. 18-06), consistent with CEQA Guidelines Section 15063 and consistent with San Rafael General Plan 2020 Circulation Element Policy C-6 (Proposed Improvements), the Planning Commission recommended adoption of a Statement of Overriding Considerations, which supports approval of the Project and the accompanying planning applications. This separate Resolution also recommended the approval of a Mitigation Monitoring and Reporting Program (MMRP) to ensure that required mitigation measures are incorporated into Project action; and WHEREAS on August 28, 2018, the Planning Commission adopted Resolution No. 18-07 (5-0, 1 absent, I recused), recommending to the City Council adoption of the Planned Development (PD) Zone Change for 1650 Los Games Dr. to sever the property from the existing PD 1590 District and create a new PD District for the proposed medical office use; Attachment 3-3
WHEREAS, on August 31, 2018, a Public Notice for the City Council hearing, which includes the Notice of Availability of the FEIR/Response to Comments, was mailed to interested persons and property owners and occupants within 500 feet of the property and to all responsible, trustee and other public agencies that commented on the DEIR, informing them of the City Council hearing for final action. A notice of availability was also published in the Marin Independent Journal on Saturday, September 1, 2018; and WHEREAS, on September 17, 2018, the City Council held a duly-noticed public hearing to review the proposed amendment to the PD-1590 zone and all applications for the Kaiser Permanente 1650 Los Gamos Drive Medical Office Building Project and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, on September 17, 2018, by separate resolutions, (1) the City Council certified the FEIR, and (2) adopted CEQA findings of fact, adopted a statement of overriding consideration and approved the Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department; and WHEREAS. the City Council makes the following findings, as required under San Rafael Municipal Code Title 14 (Zoning Ordinance) Sections 14.27.060 and 14.07.090, approving the severance of the 1650 Los Games Road from PD-1590 and creating a new Zoning District for that property: 1. The proposed PD amendment to sever the 1650 Los Gamos Drive property and establish a new PD District for the Project would be consistent with the San Rafael General Plan 2020 as follows: a. The increase in traffic estimated for the change in use would impact and change level of service conditions at local intersections and would warrant new transportation improvements that have been identified in the Kaiser Permanente 1650 Los Gamos Drive Medical Office Building Project Final EIR, as well as included in the "Applicant-Implemented Traffic Improvements Alternative" that will be adopted for this Project. The transportation improvements include the signalization of Lucas Valley Rd/Los Games Dr, which is an identified improvement per General Plan 2020 Circulation Policy C-6. b. As proposed, the Project's land uses are consistent with Land Use Element Policies LU-23 (Land Use Map and Categories), LU-10 {Planned Development), LU-9 (Intensity of Nonresidential Development}, and LU-14 (Land Use Compatibility) in that these uses would be compatible with the current land uses allowed under the PD-1590 District and compatible with existing land uses found in the surrounding area. c. As proposed, the Project's land uses would be consistent with Circulation Element Policies C-5 (Traffic Level of Service Standards) C-6 (Proposed Improvements), C-7 (Circulation Improvements Funding) and C-12 (Transportation Demand Management) in that: the increase in traffic Attachment 3-4
estimated for these uses would not impact or change level of service conditions at local intersections nor would they warrant new transportation improvements; the medical office use component would be subject to the adopted citywide traffic mitigation fees which would be used to fund long-term transportation improvements; and the Project would implement transportation demand measures, such as encouraging employees through incentives to carpool and use public transit and other alternative means of transport. d. As proposed, the Project's land uses would be consistent with Neighborhood Element Policies NH-7 (Neighborhood Identity and Landmarks), NH-8 (Parking), NH-136 (Design Excellence), NH-138 (Industrial Uses and Design Improvement) in that they would: facilitate additional employment and future economic success in the North San Rafael area; allow compatible land uses that would fill current and long-term projected vacancies in general office space; and provide required amount of parking required for the proposed medical office use. e. As proposed, the Project's land uses would be consistent with the Community Design Element Policy CD-21 (parking lot landscaping) in that: the uses proposed will have an approved landscaping plan and parking structure design that will provide shade cover and adequate screening of vehicles within parking lot areas. f. As proposed, the Project's land uses would be consistent with the Economic Vitality Element Policy EV-1 (Economic Health and Quality of Life) and EV-2 (Policy EV-2. Seek, Retain, and Promote Businesses that Enhance San Rafael) in that: the uses proposed will ensure a local employer will continue to provide jobs and access to health services in a centrally located office building close to freeway access. g. As proposed, the Project's land uses would· be consistent with newly adopted Sustainability Element Policies SU-1 (Land Use) and SU-2 (Promote Alternative Transportation) and the adopted Climate Change Action Plan in that the uses are proposed within an existing and approved development office park that is close to public transit (both bus stop on Highway 101 and SMART rail station at Civic Center); h. As proposed, the Project's land uses would be consistent with the Conservation Element Policy CON-6 (setbacks) in that: the uses proposed will be located outside the 25-foot top-of-bank setback from the tributary to Gallinas Creek northwest of the Project site. 2. As proposed, the PD amendment to sever the 1650 Los Gamos Drive property and establish a new PD District for the Project is appropriate for the area, location and overall planning for the Project, and the design and development standards will promote the maintenance of an environment of sustainable desirability and stability and will not impact the amount of open space surrounding the property in that: a. The changes in use proposed by the Project would expand the types of allowable land uses within the PD district to include medical office uses, but would not result in changes to the existing, adopted building intensity limits since there is no increase in allowable floor area ratio or building area proposed. Attachment 3-5
b. The Project site and corresponding general office PD District is presently developed with a full roadway system and utility infrastructure to accommodate the proposed Project. Development of the Project and amendment of the PD would result in a new infrastructure improvement at the Los Games Drive / Lucas Valley Road intersection but would not require physical development of open space or undeveloped areas. c. The Project site is presently planned and developed to preserve all undeveloped open spaces west and north of the existing development, which will not be impacted or changed as a result of the PD amendment. d. As proposed and as conditioned, the PD revisions will not impact public facility services that are currently provided to the Project site for individual parcel development, nor will amendments impact the established or planned auto, bicycle or pedestrian traffic system. Specifically, although the FEIR prepared and certified for the Project concludes that development of the Project would result in impacts to the Los Gamos Drive / Lucas Valley intersection, mitigation measures have been identified and adopted (MM TRAF-1 and TRAF-3) to reduce or eliminate these impacts, which will be required in conjunction with site development. To ensure implementation, conditions are incorporated into the Master Use Permit to require future project compliance with the Mitigation Monitoring and Reporting Program (MMRP), which is recommended for approval by separate resolution. 3. Kaiser Permanente has demonstrated that the proposed reuse of the existing office building with medical uses could be served by public facilities such as sewer, water, refuse services and other infrastructure resources that currently serve the existing development and are available to serve the proposed change in use. Furthermore, the new medical office use would not induce population growth necessitating additional public facilities. 4. The Project would not deviate from typical Zoning Ordinance property development and parking standards and the PD District land use regulations and development standards are consistent with what would be required for a lot of this size under a typical zoning designation. 5. The auto, bicycle and pedestrian traffic systems presented on the Project Development Plan are adequately designed for circulation needs and public safety in that: a) necessary circulation system improvements are proposed to be built with the Project as identified in the General Plan 2020; b) the Project site is surrounded by roadway and/or freeway on three sides and provides ample pedestrian and bicycle and vehicular access points; c) the Project access and site layout has been reviewed by the appropriate City Departments and has been determined to meet City standards; d) a new parking structure is proposed to be constructed to accommodate the parking demands associated with medical office uses; and (e) emergency vehicle access is provided to serve the Project. 6. As proposed and conditioned, the public health, safety and general welfare are served by the adoption of the proposed PD District, in that: a. The action would not result in the addition of land use or development intensity, nor would it change the development and spatial regulations Attachment 3-6
(e.g., setbacks, building heights, lot coverage) or the design standards (building and landscape standards and guidelines) that influence building size, building location or spacing, amount or location of open space. b. As noted above, by separate resolution, the City Council has approved a Mitigation Monitoring and Reporting Program (MMRP), which identifies all required mitigation measures to reduce or eliminate environmental impacts, including, but not limited to aesthetics, air quality, noise, and transportation and circulation. c. This action would be consistent with the provisions of the Zoning Ordinance. Specifically, the proposed amendment to allow medical office uses within the General Plan Office designation would be consistent, in part, with the definition for medical office use in the Zoning Ordinance. The Zoning Ordinance defines medical office uses as a facility, other than a hospital, where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. d. The City Council has determined, through adoption of a separate resolution of CEQA Findings of Fact and Statement of Findings of Overriding Considerations, that the benefits of the Project outweigh the unavoidable, adverse environmental effects of the action to amend the PD District. The findings in that separate resolution are incorporate herein by reference and reaffirmed to support this action to amend the PD-1590 District; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. Ordinance No. 1590 (PD-1590 District) is hereby amended to remove the 1650 Los Gamos Dr property from the PD District. DIVISION 2. A new PD Zoning District is hereby established for 1650 Los Gamos Dr with appropriate land use and development standards to allow medical office use, along with other office and ancillary uses of the existing building, a new parking structure and associated parking and site improvements as set forth in attached Exhibit 8. DIVISION 3. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.01 .020 of the San Rafael Municipal Code is amended by reclassifying the following real property from Planned Development (PD-1590) District to a new Planned Development District. Said property so reclassified is 1650 Los Gamos Dr and is located on both sides of Los Gamos Dr, Street, as shown on County Assessor's Parcel No.'s 165-220-12 & 13, and as illustrated on the map and detailed legal description attached as Exhibits "A" and "C" attached hereto and incorporated herein by reference. Attachment 3-7
DIVISION 4. If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held to be invalid, such decision shall not affect the validity or the remaining portions of this added ordinance section. DIVISION 5. This Ordinance shall be published once, in full or in summary form, at least five days before its final passage, in a newspaper of general circulation published and circulated in the City of San Rafael, California, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the ordinance shall simultaneously be posted in full in the City Clerk's office, and the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, California. Within fifteen (15) days after adoption, the City Clerk shall also post in the Office of the City Clerk, a certified copy of the full text of this ordin ce ame ment along with the names of those Councilmembers voting for or against th amendm nt. ATTEST: ~(9e~ LINDSAY LARA, City Clerk The foregoing Ordinance No.1962 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 17th day of September 2018, and was ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the City Council to be held on the 1st day of October 2018. EXHIBITS A: B C: LINDSAY LARA, City Clerk Map of Properties Subject to PD Amendment Land Use and Development Standards Legal Description Attachment 3-8
"EXHIBIT A" PD Rezoning to sever APN's 165-220-12 & 13 from current PD-1590 and establish a new PD District for APN's 165-220-12 & 13 with the Development Standards contained in Exhibit B Exhibit A-1 to Attachment 3
"EXHIBIT B" 1650 Los Gamos Drive-APN's 165-220-12 & 13 Kaiser Permanente Medical Office Building (Amending Former PD-1590, Lucas Green Buildings I and II) INTENT The Kaiser Permanente Medical Office Building Planned Development (PD) District at 1650 Los Gamos Drive (Assessor's Parcel Numbers (APN) 165-220-12 & 13) is based on the (1) Master Use Permit (UP17-005), (2) Environmental and Design Review Permit (ED17-001), Zone Change (ZC17-001), and (4) Sign Program Permit (SP17-002) approved by the City Council on __ , 201 _. LAND USES 1. This site permits a maximum of 150,000 square feet of building area approved for the following uses: general office, medical office, professional office, and administrative office uses, as more specifically defined in Master Use Permit UP 17-005. 2. The site is permitted to provide outpatient medical services, including, but not limited to, family medicine, pediatrics, chemical dependency recovery program, psychiatry/psychology, OBGYN, laboratory, blood draw, optometry, pharmacy, and other similar and ancillary support services. 3. The site is permitted to provide limited accessory retail sales, including, but not limited to, a pharmacy and cafe. 4. This site is permitted to provide uses that promote sustainability. These may include, but are not exclusive of, solar panels, recycling areas, overnight parking for shuttles, electric vehicle charging stations, and other on-site alternative power generation units. 5. Uses determined to be accessory or incidental to the above-listed land uses shall be permitted, as determined to be appropriate by the Community Development Director. 6. Given dynamic changes in health and office uses, future minor changes or modifications to the above enumerated uses shall also be permitted as determined to be appropriate by the Community Development Director. Requirements and conditions for all uses at the site shall be consistent with Master Use Permit UP17·005. DEVELOPMENT AND DESIGN STANDARDS All buildings, structures, site improvements, landscaping, parking, exterior lighting and signage shall be consistent with the conditions of approval for the site's Master Use Permit (UP17-005), Environmental and Design Review Permit (ED17-001) and Sign Program Permit (SP17-002). Exhibit B-1 to Attachment 3
The following sustainable technologies may be implemented into the Master Use Permit per the discretion of the Community Development Director: Fuel-cell technology Other sustainable programs or technologies yet defined Any minor site-specific regulations or development and design standards necessary to guide and approve building additions, modifications or property improvements are subject to administrative approval by the Community Development Director in lieu of amending the PD zoning. Exhibit B-2 to Attachment 3
"EXHIBT C" LEGAL DESCRIPTION Real property in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL A: PARCEL 2 AS SHOWN UPON THAT CERTAIN PARCEL MAP ENTITLED, "PARCEL MAP LANDS OF KRONOS PROPERTY HOLDINGS NV D.N. 84-0058614 PARCEL MAP BEING A RESUBDIVISION OF PARCEL 1 {WEST) BOOK 19 OF PARCEL MAPS, PAGES 56 & A RESUBDIVISION OF PARCEL 1 BOOK 22 OF PARCEL MAPS, PAGE 39, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA", FILED FOR RECORD FEBRUARY 28, 1994 IN VOLUME 25 OF PARCEL MAPS, AT PAGE 63, MARIN COUNTY RECORDS. PARCEL B: EASEMENT FOR ACCESS AND PARKING PURPOSES, OVER PARCEL 1, AS SAID PARCEL AND EASEMENT ARE SHOWN ON THE PARCEL MAP REFERRED TO HEREINABOVE. APN: 165-220-12 (Affects: Portion of Said Land) 165-220-13 {Affects: Portion of Said Land) Exhibit C-1 to Attachment 3
ORDINANCE NO. 1963 AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING A A CITY-INITIATED REZONING OF AN EXISTING PLANNED DEVELOPMENT (PD-1590) DISTRICT FOR 1600 LOS GAMOS DRIVE TO REMOVE REFERENCES TO THE 1650 LOS GAMOS DRIVE PROPERTY FROM THE PD DISTRICT TEXT, FOLLOWING REZONING OF THAT PROPERTY INTO A SEPARATE PD DISTRICT BY SEPARATE ACTION. (1600 LOS GAMOS DR -MARIN COMMONS-APN's: 165-220-10 &11) WHEREAS, in 1972, the City of San Rafael adopted an Administrative Professional I Planned Unit Development Administrative Professional District (AP and PUD-AP District) establishing Lucas Green I for the 1600 Los Gamos Drive property. The 38.4-acre Lucas Green Master Plan was adopted to permit development of general office, administrative office, a computer center and associated parking and related uses for the specific parcels within the Plan Area. WHEREAS, in 1979, the overlaying zoning district was amended (to PD-1350 District) to allow the construction of Lucas Green II at 1650 Los Gamos Drive with the condition requiring a Transportation Service Management (TSM) Plan. The PD District change was approved to allow two office buildings: a 340,000 sq. ft. computer center, and a 150,000 sq. ft. computer and off ice building with 1 , 296 parking spaces. In 1990, PD-1350 was further amended (to PD-1590) to include the TSM as a requirement; and WHEREAS, On February 21, 2017, Kaiser Foundation Health Plan (Kaiser or Kaiser Permanente) submitted project applications to the City of San Rafael Community Development Department for a Use Permit (UP17-005), an Environmental and Design Review Permit (ED17-001), a Zone Change (ZC17-001) to amend the existing Planned Development (PD)-1590 District for the Marin Commons, and a Sign Program Amendment (SP17-002) for the conversion of an existing approximately 148,000-square-foot office building to medical office uses and the construction of an up to 511-space parking structure (Project) on the western parcel of a 11.2-acre property at 1650 Los Gamos Drive; and WHEREAS, the application for PD rezoning by Kaiser Permanente proposes to sever the 1650 Los Gamos Drive property from the larger PD-1590 Zoning District that covers both 1600 and 1650 Los Gamos Drive to create a separate PD zoning that would allow medical office use at 1650 Los Gamos Drive; and WHEREAS, the removal of the 1650 Los Gamos Drive property from PD-1590 without a PD rezoning would result in continued references to the 1650 Los Gamos Drive property in the PD1590 language; and WHEREAS, the current property owner of 1600 Los Gamos (County of Marin) has neither applied for, nor requested, any changes to PD 1590; and WHEREAS, ·to reduce future confusion in having outdated references to the 1650 Los Gamos Drive property contained in PD-1590, the City has initiated this district rezoning to update PD-1590 and remove any reference to the adjacent 1650 Los Gamos Dr property from that PD; and Attachment 4-1
WHEREAS, draft amendments to the PD-1590 District Marin Commons (Development Plan) have been prepared and are presented in attached Exhibit B with strikethrough/underline format. The draft amendments propose: a. General edits and updates to the current PD-1590 District to omit obsolete uses and references to the 1650 Los Games Drive property and improve reference to specific lots and parcels within the PD District to ensure proper tracking of regulations and provisions; and b. No changes are proposed to PD-1590, aside from removal of obsolete references mentioned above, would be created through the bifurcation of 1650 Los Games Drive into a new PD District; and WHEREAS, on August 28, 2018, the Planning Commission held a duly-noticed public hearing on the Project, including the PD Rezoning (ZC17-001), Use Permit Amendment (UP17-005), Environmental and Design Review Permit (ED17-011 ), and Sign Program Amendment (SP17-001 ), accepting all oral and written public testimony and the written report of the Community Development Department Planning staff and closed said hearing on that date; and WHEREAS on August 28, 2018, the Planning Commission adopted Resolution No. 18-08 (5~0, 1 absent, I recused), recommending to the City Council adoption of the Planned Development (PD) Zone Change to modify PD 1590 for the 1600 Los Gamos Dr site to remove references to 1650 Los Gamos Dr.; and WHEREAS, on August 31, 2018, a Public Notice for the City Council hearing, which includes the Notice of Availability of the FEIR/Response to Comments, was mailed to interested persons and property owners and occupants within 500 feet of the property and to all responsible, trustee and other public agencies that commented on the DEIR, informing them of the City Council hearing for final action. A notice of availability was also published in the Marin Independent Journal on Saturday, September 1, 201 B; and WHEREAS, on September 17, 2018, the City Council held a duly-noticed public hearing to review the proposed amendment to the PD-1590 zone and all applications for the Kaiser Permanente 1650 Los Games Drive Medical Office Building Project and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, on September 17, 2018, by separate resolutions, the City Council certified the FEIR, adopted CEQA findings of fact, adopted a statement of overriding consideration and approved the Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. Attachment 4-2
WHEREAS, the City Council makes the following findings, as required under San Rafael Municipal Code Title 14 (Zoning Ordinance) Sections 14.27.060 and 14.07.090 in adopting the proposed minor amendments to PD-1590 District for 1600 Los Gamos Dr and presented in attached Exhibit B: 1. The proposed amendments to the PD-1590 District would be consistent with the San Rafael General Plan 2020 in that: a. As proposed, the continuation of existing land uses are consistent with Land Use Element Policies LU-23 (Land Use Map and Categories), LU-10 (Planned Development), LU-9 (Intensity of Nonresidential Development), LU-14 (Land Use Compatibility) in that these uses would be compatible with the current land uses allowed under the PD-1590 District adopted for this site; and compatible with existing land uses found in the surrounding area. b. As proposed, the continuation of existing land uses would be consistent and not in conflict with Circulation Element Policies C-5 (Traffic Level of Service Standards) C-6 (Proposed Improvements), C-7 (Circulation Improvements Funding) and C-12 (Transportation Demand Management) in that: the increase in traffic estimated for these uses would not impact or change level of service conditions at local intersections nor would they warrant new transportation lmprovements. c. As proposed, the continuation of existing land uses would be conslstent with Neighborhood Element Policies NH-7 (Neighborhood Identity and Landmarks), NH-8 (Parking), NH-136 (Design Excellence), NH-138 (Industrial Uses and Design Improvement) in that they would: facilitate additional employment and future economic success in the North San Rafael area and allow compatible land uses. d. As proposed, the continuation of existing land uses would be consistent with the Community Design Element Policy CD-21 (parking lot landscaping) in that: the uses proposed will have an existing landscaping plan that will provide shade cover and adequate screening of vehicles within parking lot areas. e. As proposed, the continuation of existing land uses would be consistent with the Economic Vitality Element Policy EV-1 (Economic Health and Quality of Life) and EV-2 (Policy EV-2. Seek, Retain, and Promote Businesses that Enhance San Rafael) in that: the uses proposed will ensure a local employer will continue to provide jobs and access to health services in a centrally located office building close to freeway access. f. As proposed, the continuation of existing land uses would be consistent with newly adopted Sustainability Element Policies SU-1 (Land Use) and SU-2 (Promote Alternative Transportation), and the adopted Climate Change Action Plan in that: the uses are proposed within an existing and approved development office park that is close to public transit (both bus stop on Highway 101 and SMART rail station at Civic Center). 2. As proposed, the changes to the existing PD 1590 District are appropriate for the area, location and overall planning for the Project, and the design and development standards will promote the maintenance of an environment of sustainable desirability and stability and will not impact the amount of open space surrounding the property in that: Attachment 4-3
a. The changes would continue the allowable land uses within the PD District and would not result in additional allowances or changes to the existing, adopted building intensity limits since there is no increase in allowable floor area ratio or building area proposed. b. The general office PD District is presently developed with a full roadway system and utility infrastructure to accommodate the proposed Project. c. The PD District is presently planned and developed to preserve all undeveloped open spaces west and north of the existing development which will not be impacted or changed as a result of the amendments. d. As proposed, the PD revisions will not impact public facility services that are currently provided to the area for individual parcel development, nor will amendments impact the established or planned auto, bicycle or pedestrian traffic system. 3. The City-initiated text update to PD-1590 would not alter any existing land uses on the 1600 Los Gamos Drive property or change any land use allowances in the existing PD; therefore, there would be no impact to infrastructure and the existing site would continue to be served by public facilities such as sewer, water, refuse services and other infrastructure resources that currently serve the existing development and are available to serve the proposed PD amendment. 4. The City-lnltiated text update to PD-1590 would not alter any of the current development or land use standards prescribed for PD-1590. 5. The auto, bicycle and pedestrian traffic systems presented on the Development Plan is adequately designed for circulation needs and public safety in that the minor text edits would not alter any pedestrian, bicycle or vehicular access to the 1600 Los Gamos Drive site. 6. As proposed, the public health, safety and general welfare would be served by the adoption of the revisions to the PD-1590 District in that: a. The action would not result in the addition of land use or development intensity, nor would it change the development and spatial regulations (e.g., setbacks, building heights, lot coverage) or the design standards (building and landscape standards and guidelines) that influence building size, building location or spacing, amount or location of open space. The amendment is solely a text change to remove references to the 1650 Log Gamos Drive property from the PD-1590 text, given that 1650 Los Gamos Drive was rezoned to a new distinct PD zoning district through a separate action. b. This action would be consistent with the provisions of the Zoning Ordinance. Attachment 4-4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. Ordinance No. 1590 (PD-1590 District) is hereby amended to incorporate the following changes, as set forth in attached Exhibit B, incorporated herein by reference: a) General edits and updates to the current PD-1590 District to omit obsolete uses and references to the 1650 Los Games Drive property and improve reference to specific lots and parcels within the PD District to ensure proper tracking of regulations and provisions; and b) No changes are proposed to PD-1590, aside from removal of obsolete references mentioned above, would be created through the bifurcation of 1650 Los Gamos Drive into a new PD District. DIVISION 2. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.01 .020 of the San Rafael Municipal Code is amended by reclassifying the following real property from Planned Development (PD-1590) District to a new Planned Development District. Said property so reclassified is 1600 Los Gamos Dr and is located on both sides of Los Gamos Dr, Street, as shown on County Assessor's Parcel No.'s 165-220-1 O & 11, and as illustrated on the map as Exhibit "A" attached hereto and incorporated herein by reference. DIVISION 3. If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held to be invalid, such decision shall not affect the validity or the remaining portions of this added ordinance section. DIVISION 4. This Ordinance shall be published once, in full or in summary form, at least five days before its final passage, in a newspaper of general circulation published and circulated in the City of San Rafael, California, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the ordinance shall simultaneously be posted in full in the City Clerk's office, and the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, California. Within fifteen (15) days after adoption, the City Clerk shall also po t in the Office of the City Clerk, a certified copy of the full text of this ordinance ame ment along with the names of those Councilmembers voting for or against e amend ent. ATTEST: LINDSAY LARA, City Clerk Attachment 4-5
The foregoing Ordinance No. 1963 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 17th day of September 2018, and was ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the City Council to be held on the 1st day of October 2018. EXHIBITS A: 8 LINDSAY LARA, City Clerk PD Rezoning Map Development Standards for 1600 Los Games Drive Attachment 4-6
"EXHIBIT A" PD Rezoning to remove references to 1650 Los Gamos Dr (APN's 165-220-12 & 13) from current PD-1590 District given that those two properties were severed and established as a new, separate PD zoning District Exhibit A-1 to Attachment 4
"EXHIBIT B" 1600 LOS GAMOS DR FORMER MARIN COMMONS (a) +we One office buildings are is approved as shown on the plans~ One is a 340,000 square foot computer center; the other is a 150,000 square foot compblter and ottioe building. (b) ~ 841 parking spaces are approved as shown on the plans. (c) Secure Design Review approval for any modifications to the approved building. Any further addition for new office construction shall require an amendment to the Master Plan. (d) Minor modifications, such as the installation of a par-course and landscaping can be approved as Design Review items. (e) In addition to the twe one private office buildings, public buildings for the safety of the community may be approved by Design Review. (f) A TSM manager shall be appointed for each of the buildings, who may be the respective building managers. The TSM manager shall at all times perform the following duties: 1) Develop and disseminate information aids and other marketing resources; 2) Provide orientation and assistance to new employees regarding the selection of transportation options within the shortest reasonable time after they begin working; 3) Communicate with Golden Gate Transit and Marin County Transit and other transit agencies to become aware ot existing transportation services and with Rides for Bay Area Commuters or similar organizations for ridesharing services and program support; 4) Provide available transit guides and schedules to all interested employees, describing both transit routes serving the area and route schedules, and provide notification to interested employees of changes in such routes or schedules; 5) Provide a written statement periodically to each tenant explaining the benefits of staggered work hours or "flex-time" systems for transportation management in the Highway 101 corridor. (g) A transit information center or display shall at all times be maintained in one or both of the buildings in an area accessible to all employees, and the location of such center or display shall be advertised by signs or posters in highly travelled pedestrian corridors in each of the buildings. The center or display shall provide current information regarding public transit, bus pools, vanpools, carpools, and shuttle services serving the property. (h) A carpool and vanpool matching program shall at all times be conducted in accordance with the following standards: 1) Applications for carpool and van pool matching purposes shall be distributed to employees at least annually. Exhibit B-1 to Attachment 4
2) A master file of carpool and vanpool drivers, riders, and potential riders shall be maintained and made available to persons interested in forming carpools or vanpools with other employees at least annually to assure that information in the master file is current. 3) Vanpool applicants who are not able to join a vanpool shall be referred to existing carpools. 4) A designated vanpool and carpool parking area shall be maintained for each of the buildings. Each such area shall be of sufficient size to accommodate all vanpools and carpools serving the building. 5) Some or all of the requirements for vanpool and carpool services may be performed by an independent agency designated by the TSM Manager. (i) The TSM Manager for each of the buildings shall provide a written report to the City each year certifying the TSM activities undertaken at eaoo the building for the preceding twelve months. Exhibit B-2 to Attachment 4
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RESOLUTION NO. 14587
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
APPROVING A MASTER USE PERMIT (UP17-005), ENVIRONMENTAL AND DESIGN
REVIEW PERMIT (ED17-011), AND A SIGN PROGRAM AMENDMENT (SP17-002) TO
ALLOW THE CONVERSION OF AN EXISTING OFFICE BUILDING TO MEDICAL OFFICE
USES AND CONSTRUCTION OF A NEW 433-SPACE PARKING STRUCTURE ON THE
WESTERN PARCEL OF 1650 LOS GAMOS DRIVE FOR THE KAISER PERMANENTE
MEDICAL OFFICE BUILDING PROJECT AT
1650 LOS GAMOS DR (APNs: 165-220-12 & 165-220-13)
WHEREAS, on February 21, 2017, Kaiser Foundation Health Plan (Kaiser or Kaiser Permanente)
submitted planning permit applications to the City of San Rafael Community Development Department
proposing the conversion of an approximately 148,000-square-foot office building to medical office uses
and the construction of a 511-space parking structure (Project) on the western parcel of a 11.2-acre
property at 1650 Los Gamos Drive; and
WHEREAS, applications for a Master Use Permit (UP17-005), Environmental and Design Review
Permit (ED17-001), and a Sign Program Amendment (SP17-002) were filed concurrent with an
application requesting a Planned Development Rezoning (ZC17-001) for the development and operation
of the Project; and
WHEREAS, upon review of the subject applications, an Initial Study was prepared on June 9,
2017, consistent with the requirements of the City of San Rafael Environmental Assessment Procedures
Manual and the California Environmental Quality Act (CEQA), finding that there could be potentially
significant impacts to the following issues: Air Quality, Greenhouse Gas Emissions, Land Use, Noise,
Transportation and Circulation, and Project Alternatives; and;
WHEREAS, on June 27, 2017, the Planning Commission (Commission) held an appropriately
noticed public scoping hearing on the Notice of Preparation (NOP) for the preparation of an
Environmental Impact Report (EIR) to assess the impacts of the Project. The Planning Commission
directed staff to prepare an EIR for the Project pursuant to the California Environmental Quality Act
(CEQA) (Pub. Resources Code, § 21000 et seq.) to address the following issues, Aesthetics, Air Quality,
Greenhouse Gas Emissions, Land Use and Planning, Noise, Traffic and Transportation, and Project
Alternatives, as per the Initial Study previously prepared for the Project; and
WHEREAS, on September 6, 2017, the City of San Rafael Design Review Board (DRB)
conducted a duly-noticed public meeting and conducted a Conceptual Review of the conceptual plans
submitted for the Project. The DRB generally expressed support for the proposed parking structure
design but requested modifications to the façade to hide the “parking garage” look and requested that
the structure be set back from the road. The Board provided the following specific recommendations on
their concept review of the Project:
1) Balance the excavation better by ‘stepping back’ the upper floors.
2) Increase the building setback and provide more landscaping along the frontage.
3) Eliminate or reduce the ‘open’ design of the structure.
4) Shade structures or solar canopies on the top floor would be appropriate and should be
evaluated.
5) Consider lowering the 1st floor finish grade to provide direct access from the elevator/staircase
to the crosswalk at the south elevation.
6) Improvements to the existing crosswalk at the south elevation are necessary for safety.
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7) Appropriateness of the location of the vehicle entrance/exit is best determined by the traffic
study though the project should continue to separate the pedestrian entrance/exit from the
vehicle entrance/exit.
8) The formal Project submittal shall include a comprehensive photometric study and security
plan details; and
WHEREAS, on April 13, 2018, Kaiser Permanente resubmitted a revised parking structure design
proposing construction of a 473-space, three-level, plus upper ramp, parking structure at the same
location as originally proposed; and
WHEREAS, the DEIR was completed, a Notice of Completion (NOC) was filed and the DEIR was
made available and circulated for a 45-day public comment period, beginning on March 8, 2018 and
closing on April 23, 2018; and
WHEREAS, on April 24, 2018, the Planning Commission held a duly-noticed public hearing to
accept comments on the DEIR and directed staff to prepare a Final Environmental Impact Report (FEIR);
and
WHEREAS, on May 22, 2018, the DRB conducted a duly-noticed public meeting and reviewed
the design of the formal applications. The Board reviewed the Project and voted unanimously (5-0, with
Commissioner Spielman absent and Alternate Member Blaney as a voting member) to continue the
matter to date uncertain, subject to the following consensus recommendations:
1) Submittal needs to include details for both the proposed Sign Program Amendment and the
change in use from general office to medical office.
2) Submittal needs to include a summary of Board’s comments and identify how the design
revisions respond to each comment.
3) Submittals needs to include full-size (24” x 36”) plan sets in addition to reduced plan sets.
4) Plans shall show greater details and dimensions throughout, particularly in the cross-sections.
5) Project needs greater sensitivity to the neighbors located upslope by reducing off-site light
and glare from vehicle windshields, solar canopies and the brightness of the parking deck
itself. Explore green roofs.
6) Project shall reduce the bulk and mass by eliminating the ramp level parking and lowering the
structure so that ground level grade is closer to sidewalk grade.
7) Project shall add more material shielding along the frontage to reduce or eliminate headlight
and, generally, to make it look less like a parking garage.
8) Show and provide light standard details. Provide a photometric plan.
9) The northeast corner stairwell needs better articulation and the southeast corner stairwell
needs less glare expression; and
WHEREAS, on July 2, 2018, based on feedback from the City of San Rafael Design Review
Board and community input, Kaiser Permanente resubmitted a revised parking structure design
proposing construction of a 433-space, three-level, parking structure at the same location as originally
proposed; and
WHEREAS, on July 17, 2018, the DRB conducted a duly-noticed public meeting and reviewed
the revised plans in response to its May 22, 2018 comments and found that the revisions had adequately
addressed prior comments and unanimously voted (5-0 with Commissioner Paul absent and Alternate
Member Blaney filling in as a voting member) to recommend approval of the project design to the
Planning Commission; and
WHEREAS, the FEIR was prepared and released for public review on August 10, 2018; and
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WHEREAS, in considering the PD Rezoning, Master Use Permit, Environmental and Design
Review Permit and Sign Program Amendment applications, the City Council has reviewed and
considered the FEIR and all applicable mitigation measures therein. The FEIR concludes that the Project
will result in significant and unavoidable adverse environmental traffic impacts to the Los Gamos Drive /
Lucas Valley Road and Las Gallinas Drive / Lucas Valley Road intersections. Although these impacts
could be mitigated to less-than-significant levels through the implementation of identified mitigation
measures, the intersections are outside of the City’s jurisdiction and require authorization and permits by
the County of Marin and the California Department of Transportation (CALTRANS). As such, since the
City cannot legally implement mitigation measures outside of its jurisdiction, the impacts are identified in
the FEIR as significant and unavoidable. The FEIR also identifies Alternative 4: “Applicant-Implemented
Traffic Improvements” as the Environmentally Superior Alternative and concludes that it would eliminate
significant and unavoidable impacts to the Los Gamos Drive / Lucas Valley Road intersection. The City
Council has weighed the Project benefits against the unavoidable, adverse environmental effects. By
separate resolution, consistent with CEQA Guidelines Section 15063 and consistent with San Rafael
General Plan 2020 Circulation Element Policy C-6 (Proposed Improvements), the City Council adopted
a Statement of Overriding Considerations, which supports approval of the Project and the accompanying
planning applications. This separate Resolution also approves a Mitigation Monitoring and Reporting
Program (MMRP) to ensure that required mitigation measures are incorporated into Project action; and
WHEREAS, on August 10, 2018, a Notice of Public Hearing of the Planning Commission and
Notice of Availability for the FEIR/Response to Comments was mailed to interested persons and property
owners and occupants within 500 feet of the property and to all responsible, trustee and other public
agencies that commented on the DEIR. A notice of public hearing and notice of availability was also
published in the Marin Independent Journal on Saturday, August 11, 2018; and
WHEREAS, on August 28, 2018, the Planning Commission held a duly-noticed public hearing on
the Project, including a PD Rezoning (ZC17-001), Use Permit Amendment (UP17-005), Environmental
and Design Review Permit (ED17-011), and Sign Program Amendment (SP17-001), accepting all oral
and written public testimony and the written report of the Community Development Department Planning
staff and closed said hearing on that date; and
WHEREAS on August 28, 2018, the Planning Commission, through adoption of separation
Resolutions, took the following action:
a) Adopted Resolution No. 18-05 (5-0, 1 absent, I recused), recommending to the City Council
certification of the Final EIR for the project;
b) Adopted Resolution No. 18-06 (5-0, 1 absent, I recused), recommending to the City Council
adoption of the Statement of Overriding Considerations and approval of the Mitigation
Monitoring and Reporting Plan (MMRP);
c) Adopted Resolution No. 18-07 (5-0, 1 absent, I recused), recommending to the City Council
adoption of the Planned Development (PD) Zone Change for 1650 Los Gamos Dr. to sever the
property from the existing PD 1590 District and create a new PD for the proposed medical office
use;
d) Adopted Resolution No. 18-08 (5-0, 1 absent, I recused), recommending to the City Council
adoption of the Planned Development (PD) Zone Change for modify PD 1590 for the 1600 Los
Gamos Dr site to remove references to 1650 Los Gamos Dr;
e) Adopted Resolution No. 18-09 (5-0, 1 absent, I recused), recommending to the City Council
approval of the Environmental and Design Review Permit, Master Use Permit and Sign Program
amendment; and
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WHEREAS, on August 31, 2018, a Public Notice for the City Council hearing, which includes the
Notice of Availability the FEIR/Response to Comments, was mailed to interested persons and property
owners and occupants within 500 feet of the property and to all responsible, trustee and other public
agencies that commented on the DEIR, informing them of the City Council hearing for final action. A
notice of availability was also published in the Marin Independent Journal on Saturday, September 1,
2018; and
WHEREAS, on September 17, 2018, the City Council held a duly noticed public hearing to review
the proposed amendment to the Kaiser Permanente 1650 Los Gamos Drive Medical Office Building
Project and considered all oral and written public testimony and the written report of the Community
Development Department; and
WHEREAS, on September 17, 2018: a) by separate resolutions (2), the City Council certified the
FEIR, adopted CEQA findings of fact, adopted a statement of overriding consideration and approved the
Mitigation Monitoring and Reporting Program (MMRP); and b) introduced an ordinance to rezoning the
property; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based, is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby
approves the Use Permit Amendment (UP17-005), Environmental and Design Review Permit (ED17-
011), and Sign Program Amendment (SP17-001) based on the following findings:
Findings for Master Use Permit
(UP17-005)
In accordance with SRMC 14.22.090. Findings, the following findings are required for approval of an
Master Use Permit:
1) As proposed and conditioned, the Project’s objectives to convert an existing 148,000 square foot
office building to medical office uses and the construction of a 433-space, three level parking
structure, is in accord with the San Rafael General Plan 2020, the objectives of the Zoning Ordinance,
and the purposes of the zoning district in which the Project site is located. Detailed discussion of the
Project’s consistency with the applicable General Plan policies is provided in detail in matrix format
in the attached General Plan Consistency Analysis Table (Exhibit 3).
The discussion demonstrates that the Project is generally consistent with the applicable General Plan
Policies:
a) As proposed, the Project’s land uses are consistent with' Land Use Element Policies LU-
23 (Land Use Map and Categories), LU-I0 (Planned Development), LU-9 (Intensity of
Nonresidential Development), LU-14 (Land Use Compatibility) in that:
1) Medical office uses are an allowable use in the Office General Plan Land use
designation in which the Project site is located;
2) Although the medical office uses are allowable under the Office General Plan land
use designation, the current Planned Development zoning for the site (PD1590)
does not allow for medical office use and a PD Rezoning is proposed for the site
5
to accommodate medical office uses consistent with the General Plan land use
designation;
3) The existing office building would be reused for the medical office use and as
currently development, the building complies with the intensity of non-residential
development standards (FAR); and
4) The reuse of the existing building as medical office use would be compatible with
the types of land uses found in the vicinity and typically allowed in the Office
General Plan land use designation.
b) As proposed and conditioned, the Project’s land uses would be consistent and not in
conflict with Circulation Element Policies C-5 (Traffic Level of Service Standards) C-6
(Proposed Improvements), C-7 (Circulation Improvements Funding) and C-12
(Transportation Demand Management) in that:
1) The increase in traffic estimated for the change in use would impact and change
level of service conditions at local intersections and would warrant new
transportation improvements that have been identified in the Kaiser Permanente
1650 Los Gamos Drive Medical Office Building Project Final EIR, as well as
included in the “Applicant-Implemented Traffic Improvements Alternative” that will
be adopted for this Project. The transportation improvements include the
signalization of Lucas Valley Rd/Los Gamos Dr, which is an identified improvement
per General Plan 2020 Circulation Policy C-6;
2) The medical office use component would be subject to the adopted citywide traffic
mitigation fees, which would be used to fund long-term transportation
improvements to maintain Level of Service (LOS) standards as identified in
Circulation Policy C-6 and the payment of the mitigation fees will fund citywide
improvements consistent with Circulation Policy C-7. The payment of fees would
be in addition to installing the required signalized intersection at Lucas Valley
Rd/Los Gamos Dr.; and
3) The Project is conditioned to require the preparation and submittal of a
Transportation Demand Management (TDM) plan that would implement
transportation demand measures such as encouraging employees, through
incentives to carpool and use public transit and other alternative means of
transport.
c) The Final Environmental Impact Report (FEIR) certified by the City Council for this Project
through a separate Resolution, identifies that the additional traffic from the Project triggers
the need to signalize the currently unsignalized intersection of Los Gamos Drive and
Lucas Valley Road (per Circulation C-6). Once signalized, the intersection would operate
at acceptable Levels of Service (LOS) as identified Circulation Policy C-5.
d) As proposed, the Project’s land uses would be consistent with Neighborhood Element
Policies NH-7 (Neighborhood Identity and Landmarks), NH-8 (Parking), NH-136 (Design
Excellence), NH-138 (Industrial Uses and Design Improvement) in that it would: facilitate
additional employment and future economic success in the North San Rafael area; allow
compatible land uses that would fill current and long-term projected vacancies in general
office space; and provide required amount of parking required for the proposed medical
office use; and .
e) As proposed, the Project’s land uses would be consistent with the Community Design
Element Policy CD-21 (parking lot landscaping) in that the uses proposed will have an
6
approved landscaping plan and parking structure design that will provide shade cover and
adequate screening of vehicles within parking lot areas.
f) As proposed, the Project’s land uses would be consistent with the Economic Vitality
Element Policy EV-1 (Economic Health and Quality of Life) and EV-2 (Seek, Retain and
Promote Businesses that Enhance San Rafael) in that:
1) The reuse of the general office building with a medical office use would improve
access to healthcare for San Rafael and Marin County residents;
2) The proposed use would ensure that one of the largest employers in San Rafael
would continue to provide jobs and access to health services in a location close to
freeway access; and
3) Allow a large healthcare business to remain in San Rafael and continue to serve
the City and county at large.
g) As proposed, the Project’s land uses would be consistent with newly adopted
Sustainability Element Policies SU-1 (Land Use) and SU-2 (Promote Alternative
Transportation), and the adopted Climate Change Action Plan in that: the uses are
proposed within an existing and approved development office park that is close to public
transit (both bus stop on Highway 101 and SMART rail station at Civic Center). Relocating
the Kaiser medical offices from their current undersized location at 99 Monticello Rd would
shift current neighborhood traffic using the Monticello Rd facility to a location closer to the
freeway, thus potentially reducing impacts on local circulation networks.
h) As proposed, the Project’s land uses would be consistent with the Conservation Element
Policy CON-6 (setbacks) in that: the proposed new parking structure and intersection
improvements at Lucas Valley Rd/Los Gamos Dr would be located outside the 25' top-of-
bank setback from the intermittent tributary to Gallinas Creek northwest of the Project site.
i) The approval of the Project’s land uses would be consistent with the PD-1590 District, as
amended by adoption of the PD Rezoning (ZC17-001), which would permit medical office
land use in this District.
The FEIR has concluded that impacts to Transpiration and Circulation are significant and
unavoidable for which there is mitigation; however, although all of these impacts could be
mitigated to less-than-significant levels through the implementation of identified mitigation
measures, the intersections are outside of the City’s jurisdiction and require authorization and
permits by the County of Marin and the California Department of Transportation (CALTRANS).
As such, since the City cannot legally implement mitigation measures outside of its jurisdiction,
the impacts are identified in the FEIR as significant and unavoidable. Nevertheless, it is noted
that Public Resources Code section 21082.2(e) provides that statements in an EIR are not
determinative of whether a project may have a significant effect on the environment. Further,
the San Rafael General Plan 2020 includes flexibility in determining project consistency.
Specifically, Policy C-5c provides that "in order to balance the City's objectives to provide
affordable housing, maintain a vital economy and provide desired community services with
the need to manage traffic congestion, projects that would exceed the level of service
standards set forth above may be approved if the City Council finds that the benefits of the
project to the community outweigh the resulting traffic impacts." Accordingly, the Project's
benefits have been evaluated by weighing the goals and policies of all elements, including,
but not limited to: the Land Use Element, Circulation Element, Conservation Element,
Economic Vitality and Safety Elements. Due to the Project's benefits, the City Council has
7
found and determined that the Project's benefits outweigh potential impacts. Accordingly, the
Project is considered consistent with the San Rafael General Plan 2020.
2. That the Project’s proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety or welfare, or materially injurious to properties or improvements
in the vicinity, or to the general welfare of the City in that:
a) A FEIR has been prepared and certified for the Project pursuant to the provisions of the
California Environmental Quality Act (CEQA), which finds that all potentially significant
project impacts related to health and safety can be adequately mitigated to a less-than-
significant level with the implemented mitigation measures outlined in the approved
Mitigation Monitoring and Reporting Program (MMRP), for which compliance is required
by conditions of this approval.
b) A Statement of Overriding Considerations has been prepared and adopted by separate
Resolution to address impacts that could not be mitigated to less than significant levels.
The Statement of Overriding Consideration concludes that the Project would not be
detrimental to public health, welfare of safety, given the fact that the override only
addresses timing of the installation of the improvement, which would be required to be
constructed prior to full occupancy of the medical office building.
c) Additionally, the Project has been reviewed by Community Development Department, the
Department of Public Works, and other appropriate City Departments and conditions have
been applied to minimize potential impacts to the public health, safety and welfare.
3. That the proposed use, together with the conditions applicable thereto, would comply with each of
the applicable provisions of the amended Planned Development (PD) Zoning District contained in the
Zoning Ordinance. Through the adoption of appropriate ordinances by the City Council, the Project
site is being rezoned and severed from the current zoning (PD-1590) and a new PD zoning is being
established with appropriate development standards and land use regulations with which the Project
would be consistent. The Project would also comply with other applicable provisions in the Zoning
Ordinance.
Findings for Environmental and Design Review Permit (ED17-011)
In accordance with SRMC 14.25.090. Findings, the following findings are required for approval of an
Environmental and Design Review Permit:
1. The Project design is in accord with the General Plan, the objectives of the Zoning Ordinance, and
the purposes of the zoning district in which the site is located as noted above. A detailed discussion
of the Project’s consistency with the applicable General Plan policies is provided in detail in matrix
format in the attached General Plan consistency Analysis (Exhibit 3).
Findings for consistency with the General Plan, objectives of the Zoning Ordinance and purposes of
the PD District in which the site is located have been made in Use Permit Finding #1 above.
2. The Project will be consistent with the revised PD District proposed for the property, as recommended
for adoption by separate Resolution and Ordinance, in that:
a. The PD establishes the allowable uses for this site. In the “Office” General Plan land use
designation, medical offices are an allowable use and the revised PD would allow medical office
uses in addition to the currently allowed general office and ancillary uses. Kaiser Permanente has
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applied for a PD amendment to include medical office uses within the existing list of permitted
uses.
b. No expansion or additions are proposed to the existing office building and, therefore, the Project
would comply with the FAR, height and setback standards contained in the PD District
c. The new parking structure would be built on a current surface parking lot to accommodate the
parking requirements contained in the Zoning Ordinance for medical office uses. The proposed
structure would comply with the height and setback requirements of the PD District, as amended.
3. The Project complies with the SRMC Chapter 14.18 Parking Standards in terms of parking space
dimensions and the number of required parking spaces. 651 parking spaces are required for medical
office use, as noted in Chapter 14.18 or the Zoning Ordinance and the PD zoning. The Project
provides 676 parking spaces, consistent with the requirement. The parking lot dimensions comply
with the standards contained in 14.18.100 of the Zoning Ordinance. Further, the Project proposes
solar arrays / shade structures on the roof top level of the proposed parking structure.
4. The Project complies with the design-related criteria of Chapter 14.25 Environmental and Design
Review Permits in that:
a. The Project does not interrupt major views of Mt. Tamalpais and surrounding hills;
b. The site design provides for good vehicular, bicycle and pedestrian circulation and access;
c. The front, north and south side elevations of the parking structure have appropriate level of
massing and articulation combined with the types and colors of materials to create interest;
d. The main vehicular and pedestrian access between the street and the building entry is oriented
toward the building entry, thereby creating a sense of entry;
e. The DRB has reviewed the Project and found that the proposed design provides appropriate
variation in structure placement and height and ultimately recommended approval of the Project
design at its July 17, 2018 meeting. The DRB did provide recommended changes that Kaiser
Permanente should consider, including modifying some of the landscaping species proposed and
providing additional screening measures to the front of the parking structure to screen view of
vehicles;
f. The proposed landscaping generally conforms to amount of landscaping required and to the
species found on the already developed site; and
g. Project architecture with appropriate massing, articulation, building colors and natural materials
in earth tone colors with the blue color providing accent to the color palette, is harmoniously
integrated in relation to the architecture in the vicinity in terms of colors and materials, scale and
building design. The proposed structure is designed to be tucked into the hillside to minimize
mass and bulk and the highest point of the new parking structure would be below the height of
the existing light standards contained in the existing surface parking lot.
5. The Project design would not result in potential adverse environmental impacts as documented in the
Project’s FEIR. A separate Resolution certifying the FEIR has been adopted.
6. The design of the Project as conditioned below will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity of the Project site, or to
the general welfare of the City of San Rafael in that:
a. The Project has been reviewed by appropriate City departments. Conditions of approval
recommended by other departments have been applied to minimize potential adverse visual,
design, and safety impacts to the Project site and adjacent properties; and
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b. The proposed Planned Development Zoning amendment to add ‘medical office uses’ to the
allowable uses under the revised PD would be consistent with the “Office” General Plan land
use designation for this site and medical office uses would be consistent with the PD land
uses allowances as adopted by the amended PD zoning.
Findings for Sign Program Amendment (SP17-001)
In accordance with SRMC 14.19.046. Findings, the following findings are required for approval of a Sign
Program Amendment Permit:
1. The signs contained in the amended Kaiser Sign program have common design elements
placement, colors, architecture, materials, illumination, type, shape, letter size and letter type as the
existing Sign Program for the Marin Commons that governs 1600 and 1650 Los Gamos Drive;
2. All of the signs contained in the program are in harmony and scale with the materials, architecture,
and other design features of the buildings and property improvements they identify, and the program
is consistent with the general design standards specified in Section 14.19.054; and
3. The amount and placement of signage contained in the program is in scale with the subject property
and improvements, as well as the immediately surrounding area.
BE IT FURTHER RESOLVED, that the City Council approves of a Use Permit (UP17-005),
Environmental and Design Review Permit (ED17-011), and Sign Program Amendment (SP17-001) for
the Project, subject to the conditions of approval listed below, and
BE IT FURTHER RESOLVED, that the City Council approves the “Applicant-Implemented Traffic
Improvement Alternative” evaluated in the Draft EIR and Final EIR prepared and certified for this Project.
The Applicant-Implemented Traffic Improvement Alternative entails the Project as proposed but confirms
that Kaiser Permanente will voluntarily construct identified traffic and infrastructure improvements at Los
Gamos Drive and Lucas Valley Road. This voluntary commitment is above and beyond what is required
by the City’s General Plan, and the Project’s identified fair-share contribution to mitigating traffic impacts.
As a result, there would be no required mitigation measure to reduce impact significance related to AM
and PM peak hour trips at the Los Gamos Drive and Lucas Valley Road intersection. However, permitting
and construction of the intersection would still require multi-agency coordination and entitlement review
and approval. This alternative was identified by the EIR to be the environmentally superior alternative.
Master Use Permit (UP17-001)
Conditions of Approval
Community Development Department, Planning Division
1. This Use Permit approves 148,000 square feet of medical office uses and 246 surface parking spaces
around the building and a 433-space, three level parking structure across Los Gamos Dr, for a total
of 679 parking spaces.
2. The Permitted uses approved by this Master Use Permit include the following and these uses do not
require any additional Use Permit review:
a. General Office Use. General Office uses, as defined by San Rafael Municipal Code Title
14 (Zoning), Section 14.03.030, mean “The approved Use Permit allows a use providing
administrative, professional or business services.”
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b. Medical Office Use. Medical Office uses, as defined by San Rafael Municipal Code T itle
14 (Zoning), Section 14.03.030, mean “a facility, other than a hospital, where medical,
dental, mental health, surgical, and/or other personal health care services are provided on
an outpatient basis. A medical office use would provide consultation, diagnosis,
therapeutic, preventative or corrective treatment services by doctors, dentists, medical
and dental laboratories, chiropractors, counselors, physical therapists, respiratory
therapists, acupuncturists and psychiatrists, and similar practitioners of medical and
healing arts for humans licensed for such practice by the state of California. Medical office
uses typically require use of specialized medical equipment and medical training to
evaluate, diagnose and administer treatments, medication or therapies which require a
prescription (building, including administering oxygen or performing dialysis, and sleep
related medical offices, diagnostics facilities); increased support staff needs; multiple
patient treatment rooms; and patient waiting areas. Counseling services and other
services provided by nonmedical professionals may also be included under ‘offices,
general.’”
c. Medical services. Medical services uses, as defined in San Rafael Municipal Code Title
14 (Zoning), Section 14.04.020, mean “medical, dental and health-related services, with
sale of articles clearly incidental to the services provided”, including, but not limited to,
optometry testing, diagnosis, consultation, fitting and/or sales.
d. Professional Office Use. Professional Office uses, as defined by San Rafael Municipal
Code Title 14 (Zoning), Section 14.03.030, mean “an office-type facility occupied by a
business providing professional services. Examples of these uses include, but are not
limited to, accounting, auditing and bookkeeping services, attorneys, counseling services,
court reporting services, detective agencies and similar services, financial management
and investment counseling, literary and talent agencies, management and public relations
services, psychologists, secretarial, stenographic, word processing and temporary clerical
employee services.” Hearing aid sales are also included in this definition as an allowed
use.
e. Administrative Office Use. Administrative Office uses, as defined by San Rafael Municipal
Code Title 14 (Zoning), Section 14.03.030, mean “office-type facility used for
administrative purposes, and/or occupied by a business engaged in the production of
intellectual property. Examples of these uses include, but are not limited to, advertising
agencies, commercial art and design services, construction contractors (office facilities
only), design services including architecture, engineering, landscape architecture, urban
planning, educational, scientific and research organizations, media postproduction
services, news services, photography studios, and writers’ and artists’ offices.”
f. Limited accessory retail sales include, but are not limited to, optical, hearing device,
orthopedic, pharmacy and other medical retail sales, in support and conjunction with the
medical office building.
g. Uses that promote sustainability. These may include, but are not exclusive of, solar
panels, recycling areas, overnight parking for shuttles, electric vehicle charging stations,
and other on-site alternative power generation units.
h. Minor food service uses (Café), primarily serving the office building and immediately
surrounding office uses.
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i. The list of enumerated uses is intended to be illustrative, rather than an exhaustive of
appropriate uses. Future minor changes or modifications to the above illustrative
enumerated uses shall be permitted as determined to be appropriate by the Community
Development Director.
3. The Conditionally Permitted uses approved by this Master Use Permit include the following, and these
uses require an Administrative Use Permit to review for compatibility and parking:
a. Urgent care facilities.
b. Accessory/Incidental Uses. Uses determined to be accessory or incidental to the above-
listed permitted land uses shall be permitted, as determined to be appropriate by the
Community Development Director. Examples of accessory/incidental uses are child care
and other minor uses that enhance and support the office building and it’s immediately
surrounding uses.
4. The following uses are not allowed under the Master Use Permit.
a. Hospital, including facilities with overnight patient rooms.
b. Emergency Room.
c. Other uses not listed in Sections 1, 2, and 3 above.
5. This Master Use Permit approves construction of a 433-space parking structure located to the west
of 1650 Los Gamos Drive (APN 165-220-13), continued use of 204 existing parking surrounding the
building at 1650 Los Gamos Drive, and continued use of 42 park ing spaces located on 1600 Los
Gamos Drive (APN 165-220-12) by way of an existing legal easement held by Kaiser Permanente,
totaling up to 679 parking spaces.
6. Prior to final occupancy of the medical office building, the following improvements shall be completed:
a. The proposed 433 space parking structure and continued use of 204 existing parking
spaces surrounding the building at 1650 Los Gamos Dr. shall be constructed and
operational.
b. The traffic improvement project at Lucas Valley Rd/Los Gamos Dr (i.e., signalization,
widening, restriping, and repaving and signal interconnection) along with the other
frontage improvements as shown on the BKF Intersection Improvement Exhibit (July 13,
2018) plan, shall obtain all necessary permits from the City of San Rafael, the County of
Marin and Caltrans, and the improvements shall be constructed, finalized, and signed off
by all permitting agencies and the new signalized intersection and frontage improvements
shall be operational.
Should the improvements listed above in Use Permit condition #’s 6a and 6b not be completed when
the building is completed for occupancy, medical office uses may occupy up to 70% of the existing
office building. As documented in the Project’s Draft EIR, a qualitative analysis was conducted by
Fehr & Peers for a reduced medical office use project (see Project Alternative 2) to determine how
much the Project’s trip generation would need to decrease in order to reduce the Project’s
transportation impact to less than significant. Based on this analysis, transportation impacts would
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be less than significant, and the signalized intersection would not be required if the Project includes
70% medical office use or less.
7. Parking requirements
a. For medical office uses, the site shall provide a minimum of 4.4 parking spaces per 1,000
sq. ft. (1 space/225 sq. ft. gross building area).
b. For general office, professional office, and administrative office uses, ancillary related
retail uses, and other ancillary uses listed in the permitted use section, the site shall
provide a minimum of 4 parking spaces per 1,000 sq. ft. (1 space/250 sq. ft).
8. Hours of operation
a. There are no hours of operation limitations on medical or general office uses, ancillary
retail uses or after-hours urgent care.
b. The top floor of the parking structure shall not be used after 9pm or before 6am.
9. The Project is approved with the implementation of the “Applicant-Implemented Traffic Improvement
Alternative” evaluated in the Draft EIR and Final EIR prepared and certified for this Project. This
Alternative mirrors the Project as proposed, with the addition of Kaiser Permanente’s offer to
voluntarily construct the intersection improvements (signalization and associated widening) at Los
Gamos Drive and Lucas Valley Road and other related traffic and vehicular circulation improvements
as part of the Project. Intersection improvements include grading and restriping, traffic signal
installation, new sidewalks and curbs, pedestrian level lighting, and an extension of a Class II bicycle
lane. As a result, Kaiser Permanente will develop intersection designs and coordinate the review and
permitting approval of the improvements before the impact threshold is triggered. As such, the
Applicant-Implemented Traffic Improvements Alternative will avoid the significant impacts related to
traffic impacts identified with the project, including Impact TRAF-1 and Impact TRAF-4, by voluntarily
gaining approvals and constructing the intersection improvements at the Lucas Valley Road and Los
Gamos Drive intersection. However, permitting and construction of the intersection would still require
multi-agency coordination and entitlement review and approval. This alternative was identified by the
EIR to be the environmentally superior alternative.
10. Kaiser Permanente shall implement a Transportation Demand Management (TDM) program as part
of its on-going occupancy and operation of the medical office use. The final TDM program shall be
submitted and approved by the City prior to the occupancy of the medical office building.
Implementation of TDM strategies are intended to go beyond the requirements of the PD District, with
the goal of reducing employee vehicle trips and reducing the Project’s impact on the regional network.
Kaiser Permanente shall implement additional TDM measures. Kaiser Permanente shall
implement a TDM program, as described in Chapter 3: Project Description and Section 4.6.4.2:
Transportation Demand Management Considerations of this traffic impact chapter (Section 3.1.1
of the 1650 Los Gamos Drive FTIA). Implementation of these TDM strategies would go beyond
what is required as part of the PD District, with the goal of reducing employee vehicle trips,
thereby reducing the Project’s impact on the regional network.
Based on a quantitative assessment of the TDM measures proposed in the 1650 Los Gamos Drive
FTIA, the TDM strategies may yield a Project vehicle trip generation reduction of up to 12-percent
between the Miller Creek Off-Ramp and Miller Creek On-Ramp. If maximally effective,
implementation of the Project’s TDM strategies would result in a project trip reduction of up to 10-15
AM peak hour trips along this segment, which would result in a project contribution of less
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than a 0.01 increase in volume to capacity ratio. As presented in the 1650 Los Gamos Drive FTIA,
implementation of the Project’s TDM measures will achieve this reduction, however, Kaiser will
annually quantitatively analyze and monitor employee vehicle trip generation data via comprehensive
employee surveys and make adjustments to its TDM measures as needed to achieve the stated
reduction.
As described in the 4.6.4.2: Transportation Demand Management Considerations and the Fehr &
Peers 1650 Los Gamos Drive FTIA, Kaiser Permanente shall conduct an annual employee survey
and prepare a monitoring report that evaluates the effectiveness of the Project’s TDM Plan. The TDM
program will be submitted to the City of San Rafael for comment and review. Kaiser Permanente will
coordinate with the City of San Rafael, as necessary. The annual survey shall be submitted to the
Community Development Department on December 1 of each calendar following building occupancy.
The survey shall demonstrate how the TDM measures reduce the Project’s impact to peak -hour
volume to capacity ratio for the Miller Creek On- and Off-Ramp. (MM TRAF-2)
11. This Master Use Permit shall run with the land and shall remain valid regardless of any change of
ownership of the Project site, subject to these conditions, provided that a grading permit or building
permit is issued by the City and work commenced or a time extension request is submitted to the
City’s Community Development Department, Planning Division, within two (2) years of this approval,
or until September 17,2020. Failure to obtain a grading permit or building permit or submit a time
extension request by the specified date will result in the expiration of this Master Use Permit.
12. This Master Use Permit (UP17-001) approving the Project and authorizing the allowable uses for the
site shall run concurrently with the approved Environmental and Design Review Permit (ED17 -011).
If either entitlement expires, this Use Permit approving the allowable uses shall also expire and
become invalid.
Environmental and Design Review Permit (ED17-011)
Conditions of Approval
General and On-Going
Community Development Department, Planning Division
1. The Project is approved with the implementation of the “Applicant-Implemented Traffic
Improvement Alternative” evaluated in the Draft EIR and Final EIR prepared and certified for this
Project. This Alternative mirrors the Project as proposed, with the addition of Kaiser Permanente’s
offer to voluntarily construct the intersection improvements (signalization and associated
widening) at Los Gamos Drive and Lucas Valley Road and other related traffic and vehicular
circulation improvements as part of the Project. Intersection improvements include grading and
restriping, traffic signal installation, new sidewalks and curbs, pedestrian level lighting, and an
extension of a Class II bicycle lane. As a result, Kaiser Permanente will develop intersection
designs and coordinate the review and permitting approval of the improvements before the impact
threshold is triggered. As such, the Applicant-Implemented Traffic Improvements Alternative will
avoid the significant impacts related to traffic impacts identified with the project, including Impact
TRAF-1 and Impact TRAF-4, by voluntarily gaining approvals and constructing the intersection
improvements at the Lucas Valley Road and Los Gamos Drive intersection. However, permitting
and construction of the intersection would still require multi-agency coordination and entitlement
review and approval. This alternative was identified by the EIR to be the environmentally superior
alternative.
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2. The building techniques, colors, materials, elevations and appearance of the Project, as
presented to the City Council at its September 17, 2018 hearing, labeled Kaiser Permanente 1650
Los Gamos Drive Medical Office Building Project, and on file with the Community Development
Department, Planning Division, shall be the same as required for issuance of all building and
grading permits, subject to these conditions. Minor modifications or revisions to the Project shall
be subject to review and approval of the Community Development Department, Planning Division.
Further modifications deemed not minor by the Community Development Director shall require
review and approval by the original decision-making body, the Planning Commission, and may
require review and recommendation by the City’s Design Review Board.
3. The approved colors for the Project are on file with the Community Development Department,
Planning Division as presented on the approved plans. Any future modification to the color palette
shall be subject to review and approval by the Planning Division and those modifications not
deemed minor shall be referred to the Design Review Board for review and recommendation prior
to approval by the Planning Division.
4. Kaiser Permanente shall remit payment of the State Fish and Game fees in order for staff to file
a Notice of Determination with the County Clerk within 5 days of project approval. The current fee
amounts are $3,078.25 payable to the State Fish and Game and $50.00 payable to the Marin
County Clerk and are subject to increase.
5. Kaiser Permanente shall be responsible for implementing all mitigation measures presented in
the Project’s Final Environmental Impact Report (FEIR), on file with the Community Development
Department, including any mitigation measures that may not have been incorporated into the
Project conditions of approval. A deposit for Mitigation Monitoring shall be paid as required by ED
Condition 33, herein.
6. All required mitigation measures are identified in the Mitigation Monitoring and Reporting Program
(MMRP) as recommend for adopted by separate Resolution and included as conditions of
approval.
7. Kaiser Permanente agrees to defend, indemnify, release and hold harmless the City of San
Rafael, its agents, officers, attorneys, employees, boards and commissions from any claim, action
or proceeding brought against any of the foregoing individuals or entities ("indemnities"), the
purpose of which is to attack, set aside, void or annul the approval of this application or the
certification of any environmental document which accompanies it. This indemnification shall
include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that
may be asserted or incurred by any person or entity, including the applicant, third parties and the
indemnities, arising out of or in connection with the approval of this application, whether or not
there is concurrent, passive or active negligence on the part of the indemnities.
8. In the event that any claim, action or proceeding as described above is brought, the City shall
promptly notify Kaiser Permanente of any such claim, action or proceeding, and the City will
cooperate fully in the defense of such claim, action, or proceeding. In the event Kaiser
Permanente is required to defend the City in connection with any said claim, action or proceeding,
the City shall retain the right to: 1) approve the counsel to so defend the City; 2) approve all
significant decisions concerning the manner in which the defense is conducted; and 3) approve
any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall
prohibit the City from participating in the defense of any claim, action or proceeding, provided that
if the City chooses to have counsel of its own to defend any claim, action or proceeding where
15
Kaiser Permanente already has retained counsel to defend the City in such matters, the fees and
the expenses of the counsel selected by the City shall be paid by the City.
9. As a condition of this approval, Kaiser Permanente agrees to be responsible for the payment of
all City Attorney expenses and costs, both for City staff attorneys and outside attorney consultants
retained by the City, associated with the reviewing, process and implementing of the land use
approval and related conditions of such approval. City Attorney expenses shall be based on the
rates established from time to time by the City Finance Director to cover staff attorney salaries,
benefits, and overhead, plus the actual fees and expenses of any attorney consultants retained
by the City. Applicant shall reimburse City for City Attorney expenses and costs within 30 days
following billing of same by the City.
10. All site improvements, including but not limited to, site lighting, fencing, landscape islands and
paving striping shall be maintained in good, undamaged condition at all times. Any damaged
improvements shall be replaced in a timely manner.
11. All fencing shall be installed and maintained in a good, undamaged condition. Any damaged
portions shall be replaced in a timely manner.
12. The Project site shall be kept free of litter and garbage. Any trash, junk or damaged materials that
are accumulated on the site shall be removed and disposed of in a timely manner. Kaiser
Permanente shall institute a program to provide regular cleanup of the parking lot, parking
structure and the site facility, as well as all other areas immediately around the new parking
structure and office building.
13. Final landscape and irrigation plans for the Project shall comply with the provisions of Marin
Municipal Water District’s (MMWD) most recent water conservation ordinance. Construction plans
submitted for issuance of building/grading permit shall be pre-approved by MMWD and stamped
as approved by MMWD or include a letter from MMWD approving the final landscape and
irrigation plans. Modifications to the final landscape and irrigation plans, as required by MMWD,
shall be subject to review and approval of the Community Development Department, Planning
Division.
14. All new landscaping shall be irrigated with an automatic drip system and maintained in a healthy
and thriving condition, free of weeds and debris, at all times. Any dying or dead landscaping shall
be replaced in a timely fashion.
15. All public streets and sidewalks and on-site streets which are privately owned that are impacted
by the grading and construction operation for the Project shall be kept clean and free of debris at
all times. The general contractor shall sweep the nearest street and sidewalk adjacent to the site
on a daily basis unless conditions require greater frequency of sweeping.
16. All submitted building permit plan sets shall include a plan sheet incorporating these conditions
of approval.
17. If reclaimed water for landscaping purposes is made available, Kaiser Permanente shall upgrade
its water system and install any and all required facilities to use reclaimed water for all site
landscaping purposes.
18. This Environmental and Design Review Permit shall run with the land and shall remain valid
regardless of any change of ownership of the Project site, subject to these conditions, provided
16
that a building/grading permit is issued and construction commenced or a time extension request
is submitted to the City’s Community Development Department, Planning Division, within two (2)
years of approval, or September 17, 2020. Failure to obtain a building permit or grading permit
and construction or grading activities commenced, or failure to obtain a time extension within the
two-year period will result in the expiration of this Environmental and Design Review Permit.
19. This Environmental and Design Review Permit (ED17-011) approving the Project shall run
concurrently with the approved Master Use Permit (UP17-001). If either entitlement expires, this
Environmental and Design Review Permit approving the Project, as depicted on Project plans,
shall also expire and become invalid.
Prior to Issuance of Grading/Building Permits
Community Development Department, Planning Division
20. Bicycle parking shall be provided in compliance with San Rafael Municipal Code Section
14.18.090. This requires bicycle spaces provided on site at a minimum of 5% of total vehicle
parking, including a minimum of one two bike capacity rack for short term bicycle parking and a
minimum of 5% of the total vehicle parking for long term spaces. Final plans shall include a design
detail for proposed bicycle parking spaces, proposed number and location subject to final review
and approval by the Community Development Department and Traffic Engineer.
21. Parking spaces for clean air vehicles shall be provided in compliance with SRMC Section
14.18.045.
22. Kaiser Permanente shall be responsible for all costs associated with mitigation monitoring and
shall remit an initial deposit in the amount of $5,000.00 for mitigation monitoring and condition
compliance. Staff shall bill time against this deposit amount during Project review and
implementation of the Project and monitoring of Project conditions, to assure compliance with
conditions and mitigation measures has been achieved.
23. Any outstanding Planning Division application processing fees, including payment of EIR
consultant and contract planner, shall be paid prior to issuance of the first construction permit.
24. A construction logistics plan shall be submitted demonstrating how construction conditions shall
be met. The plan must be approved by the Public Works Department and Community
Development Director and shall include the conditions of approval and mitigation measures that
are applicable to the construction of the Project.
25. All mechanical equipment (i.e., air conditioning units, meters and transformers) and
appurtenances not entirely enclosed within the structures (on side of building or roof) shall be
screened from public view. The method used to accomplish the screening shall be indicated on
the building plans and approved by the Planning Division.
26. Protective barrier fencing shall be installed during construction to protect existing trees that are to
remain on site, as per the approved landscape plan. Plans showing the fencing, signage and
barrier details shall be included on Project plans. The fencing shall be a minimum four-foot orange
mesh protected by hay bales and signage designed to avoid intrusion by construction workers
and equipment.
27. Kaiser Permanente shall submit to the satisfaction of the Community Development Department
Director Project building plans that include a photometric lighting study demonstrating that outdoor
17
lighting fixtures meet the requirements of the California Energy Code (known as Part 6, Title 24
of the California Code of Regulations). (MM AES-1)
28. The lighting plan shall be revised to utilize a maximum Lumen rating of 3,000 Kelvins for parking
structure lighting fixtures.
29. Prior to grading activities, Kaiser Permanente shall prepare a Stormwater Pollution Prevention
Plan (SWPPP) in accordance with the requirements of the statewide Construction General Permit.
The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD). The SWPPP shall
include the minimum Best Management Practices (BMPs) required for the identified risk level.
(MM HYDRO-1)
The SWPPP shall be designed to address the following objectives:
1) All pollutants and their sources, including sources of sediment associated with construction,
construction site erosion, and all other activities associated with construction activity are
controlled;
2) Where not otherwise required to be under a Regional Water Quality Control Board permit,
all non‐stormwater discharges are identified and either eliminated, controlled, or treated;
3) Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater
discharges and authorized non‐stormwater discharges from construction activity; and
4) Stabilization BMPs installed to reduce or eliminate pollutants after construction are
completed.
5) BMP implementation shall be consistent with the BMP requirements in the most recent
version of the California Stormwater Quality Association Stormwater Best Management
Handbook‐Construction or the Caltrans Stormwater Quality Handbook Construction Site
BMPs Manual.
30. Incorporate Best Management Practices during Project construction activities. Reasonable
regulation of the hours of construction, as well as regulation of the arrival and operation of heavy
equipment and the delivery of construction material, are necessary to protect the health and safety
of persons, promote the general welfare of the community, and maintain the quality of life. In
compliance with the City’s Municipal Code, the Project shall adhere to the allowable construction
hours of 7:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on Saturdays.
Construction activities are prohibited on Sundays and national holidays. Additionall y, the
construction crew shall adhere to the following construction best management practices to reduce
construction noise levels emanating from the site and minimize disruption and annoyance at
existing noise-sensitive receptors in the Project vicinity (MM NOISE-1):
In order to reduce potential significant impacts from temporary construction activities, Kaiser
Permanente shall be required to develop a construction noise control plan, including, but not
limited to, the following available controls:
1) Construct temporary noise barriers, where feasible, to screen stationary noise -
generating equipment. Temporary noise barrier fences would provide a 5-dBA noise
reduction if the noise barrier interrupts the line-of-sight between the noise source and
receptor and if the barrier is constructed in a manner that eliminates any cracks or
gaps.
2) Equip all internal combustion engine-driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment.
3) Unnecessary idling of internal combustion engines should be strictly prohibited.
4) Locate stationary noise-generating equipment, such as air compressors or portable
power generators, as far as possible from sensitive receptors as feasible. If they must
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be located near receptors, adequate muffling (with enclosures where feasible and
appropriate) shall be used to reduce noise levels at the adjacent sensitive receptors.
Any enclosure openings or venting shall face away from sensitive receptors.
5) Utilize "quiet" air compressors and other stationary noise sources where technology
exists.
6) Construction staging areas shall be established at locations that will create the
greatest distance between the construction-related noise sources and noise-sensitive
receptors nearest the Project site during all Project construction.
7) Locate material stockpiles, as well as maintenance/equipment staging and parking
areas, as far as feasible from residential receptors.
8) Route construction-related traffic along major roadways and as far as feasible from
sensitive receptors.
9) Control noise from construction workers’ radios to a point where they are not audible
at existing residences bordering the Project site.
10) The contractor shall prepare a detailed construction schedule for major noise-
generating construction activities. The construction plan shall identify a procedure for
coordination with adjacent residential land uses so that construction activities can be
scheduled to minimize noise disturbance.
11) Designate a "disturbance coordinator" who would be responsible for responding to any
complaints about construction noise. The disturbance coordinator will determine the
cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable
measures be implemented to correct the problem. Conspicuously post a telephone
number for the disturbance coordinator at the construction site and include in it the
notice sent to neighbors regarding the construction schedule.
12) The implementation of the reasonable and feasible controls outlined above would
reduce construction noise levels emanating from the site by 5 to 10 dBA in order to
minimize disruption. With the implementation of these controls, as well as the
Municipal Code limits on allowable construction hours, and considering that
construction is temporary, the impact would be reduced to a less-than-significant level.
31. Prior to tree removal, Kaiser Permanente shall conduct a pre-construction nesting bird survey of
existing trees on-site (MM BIO-1). Prior to issuance of a grading or building permit, Kaiser
Permanente shall conduct a preconstruction nesting bird and bat survey. Preconstruction surveys
shall include the following:
1) Perform any vegetation trimming and/or removal outside of the bird nesting season (Sept.
1 – Feb. 14);
2) Provide a worker environmental awareness training for construction personnel;
3) Perform preconstruction surveys for nesting migratory birds by a qualified biologist no more
than 72 hours prior to the start of construction for activities occurring during the breeding
season (February 15 to August 31); and
4) If work is to occur within 300 feet of active raptor nests or 50 feet of active passerine nests,
non-disturbance buffers will be established at a distance sufficient to minimize disturbance.
Public Works Department
32. Given the scope of the Project and available staff time, third party project coordination and
inspection may be required on behalf of the City. If determined necessary by the Department of
Public Works a deposit may be required to fund coordination and development of the offsite
improvements and inspection activity, including but not limited to grading, traffic, drainage, and
access.
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33. The City of San Rafael reserves the right to review, condition and approve all offsite improvements
related to this Project. This includes traffic signal improvements, roadway improvements, and
utility work where it extends beyond City limits. Show existing and proposed easements on the
plan. Relocation of easements shall require approval of the easement holders. It is unclear if any
new easements are proposed, such as access for drainage and sanitary sewer.
34. It is recommended that parking be designated in the parking structure, such that most of the public
traffic will access the building directly and Kaiser employees would mainly utilize the upper floors
of the parking structure.
Access
35. An encroachment permit is required for any work within the City’s Right -of-Way, from the
Department of Public Works located at 111 Morphew St. Additional encroachment permits shall
be required from the County of Marin and Caltrans.
36. The Project shall include sidewalk curb and gutter for the frontage along Lucas Valley Rd. This
includes the pathway connection from the eastern parking lot to the entrance of the pedestrian
corridor for public transit access at the intersection with the Southbound 101 On/Off Ramp.
37. Show existing and proposed easements on the plan. Relocation of easements shall require
approval of the easement holders. It is unclear if any new easements are proposed, such as
access for drainage and sanitary sewer.
38. The driveways for the parking structure shall approach Los Gamos close to perpendicular. This
will help to improve safety for vehicles entering and exiting the parking structure, as well as for
pedestrians and cyclists along Los Gamos. Driveway profiles shall be required prior to issuance
of a building permit, however, based on the slopes presented on the plan, it appears that the
current design can accommodate adequate slope transitions.
39. The existing mid-block crosswalk shall be replaced with a crosswalk located in line with the
pedestrian entrance/exit to the garage. This crosswalk shall include bulb-outs and a rapid
repeating flashing beacon (RRFB) similar to others utilized in the City. The RRFB shall be
hardwired and a meter provided. Prior to building permit submittal, the location plan for the bulb
outs and RRFB shall be revised to show a current aerial photograph.
40. Wheelstops are recommended for the parking spaces in front of the accessible pathway, instead
of the bollards shown on the plan due to the accessible aisles extending through the line of
bollards. If bollards are used, they shall be placed according to the parking spaces (such as one
bollard centered per parking space).
41. The accessible parking space near the bike storage area does not include a full-length aisle. This
space cannot be counted for the number of accessible parking spaces. However, it appears that
there may be sufficient parking without it or that the area could accommodate the aisle with minor
modification. Prior to building permit submittal, the plan shall be revised to remove this space or
accommodate the aisle as suggested.
Drainage and Sewer
42. Prior to building or grading permit submittal, Kaiser Permanente shall submit a detailed [plan to
show that MCSTOPPP requirements for water quality and reduced runoff are met. The hydrology
and water quality report for CEQA review discusses that runoff impacts will be less than a
significant impact due to the extent of existing impervious surface compared to the proposed
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conditions. The submitted documents do not clearly define the square footage of existing
impervious area, as well as the proposed creation or replacement.
The new parking garage is a MCSTOPPP regulated project and the proposed plan includes
bioretention. It is understood that more detailed plans and submittals to show that MCSTOPPP
requirements are met are deferred to future submittals. Meeting these requirements is anticipated
to result in improved water quality and reduce runoff impacts compared to the existing conditions.
If additional treatment is necessary following a more detail review, Kaiser Permanente may
consider additional bioretention area or other potential improvement options for stormwater such
as pervious pavement, bioswales and tree-planter devices.
43. The storm drain proposed to be abandoned shall be removed to the inlet structure or, alternatively,
for the portion to be abandoned-in-place, flow-able fill may be used and the inlet structure.
44. It is recommended that the storm drainage beneath the parking garage structure is routed outside
the footprint of the proposed improvement, due to potential maintenance and access issues.
45. It appears that the sidewalk around the uphill perimeter of the Project site will act to direct surface
water conveyance. It is recommended that the uphill perimeter sidewalk be designed to
accommodate flow in a swale.
46. Prior to building or grading permit submittal, the sanitary sewer alignment shall be reviewed by
the Las Gallinas Valley Sewer District. It is recommended that the alignment be configured to
eliminate or reduce angles where possible. Kaiser Permanente may consider following a similar
angular direction of the existing uphill section of sewer, to reach the Fire Lane on the north side
of the building in a more direct route, while protecting existing trees where possible.
47. Prior to building permit submittal, a comprehensive utility plan for the roadways and site
improvements shall be provided for review and comment.
Grading
48. Prior to soil disturbance or stockpiling, a grading permit shall be required from the Department of
Public Works located at 111 Morphew St.
49. Truck trips may be limited for delivery, and off-haul as part of the grading permit. This is generally
applied during peak hour traffic to reduce congestion. For example, one trip per 15 minutes
between 7am-9am and 4pm-6pm. This will be reviewed in more detail at the time of grading permit
issuance.
50. For portions of the roadway not identified for repaving, but within the truck route, a pre-
construction and post-construction condition survey, similar to the City’s regular pavement
condition index, completed by a third party may be required to determine if any damage occurred
to the roadway, attributed to the Project. Repairs or funding in lieu of may be required.
Traffic
51. A construction vehicle impact fee shall be required at the time of building permit issuance; which
is calculated at 1% of the valuation, with the first $10,000 of valuation exempt.
52. Please refer to the Memo from Parisi Transportation Consulting dated March 14, 2017 prepared
on behalf of the City, which summarizes the review findings for the Traffic Study.
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Additional comments were provided in the previous memorandum from the Department of Public
Works dated May 15, 2017.
53. As volunteered by Kaiser Permanente, the construction of Los Gamos Drive / Lucas Valley Road
intersection improvements, as a community benefit to also mitigate impacts that could otherwise
be significant and unavoidable, (the intersection improvements have been identified as part of the
Project EIR, which have been designed to incorporate elements previously identified by the City
and updated to meet current standards) is conditioned to address the following:
• Signalization of the intersection of Los Gamos and Lucas Valley Rd. with interconnection to
the existing Highway 101/Lucas Valley intersection;
• Elimination of the free right turn movements, removing the islands and to make the
intersection more square;
• Accessible curb ramps;
• Bike Lanes from the Southbound On/Off ramp and through the intersection with Los Gamos;
• Repaving, striping, signage and revegetation accordingly;
• Preservation of monuments, or setting new;
• Relocation or adjustment of existing utilities as required; and
• Accommodation for cyclists along Los Gamos.
Detailed plans shall be required prior to building permit issuance. These improvements require
multiple agency coordination. As noted in comment 33 above, the City may provide comments
and conditions for the improvements.
54. Traffic mitigation fees shall be required, based on the increase in peak hour trips currently
calculated at $4,246 per AM and PM trip. For 437 AM and PM peak hour trips this equals
$1,855,502.
Community Development Department, Building Division
55. Prior to use or occupancy of the new building or structure or any portion thereof, a “Certificate of
Occupancy” must be issued by the Chief Building Official pursuant to California Building Code
Section 111.1. Failure to secure a “Certificate of Occupancy” is a violation and will result in a $500
citation per day for as long as the violation continues.
56. The design and construction of all site alterations shall comply with the 2016 California Residential
Code, 2016 California Building Code, 2016 Plumbing Code, 2016 Electrical Code, 2016 California
Mechanical Code, 2016 California Fire Code, 2016 California Energy Code, 2016 Title 24
California Energy Efficiency Standards, 2016 California Green Building Standards Code and City
of San Rafael Ordinances and Amendments, or the codes that are in effect at the time of building
permit submittal.
57. A building permit is required for the proposed work. Applications shall be accompanied by four
(4) complete sets of construction drawings to include:
a) Architectural plans
b) Structural plans
c) Electrical plans
d) Plumbing plans (fire suppression)
e) Mechanical plans if applicable
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f) Site/civil plans (clearly identifying grade plan and height of the building)
g) Structural Calculations
h) Soils reports
58. If the parking structure is proposed to have a new address, the address for structure shall be
determined by the Chief Building Official. You must apply for a new address for this building from
the Building Division.
59. With regard to any grading or site remediation, soils export, import and placement; provide a
detailed soils report prepared by a qualified engineer to address these procedures. In particular,
the report should address the import and placement and compaction of soils at future building
pad locations and should be based on an assumed foundation design. This information should be
provided to the Building Division and Department of Public Works for review and comments prior
to any such activities taking place.
60. A grading permit may be required for the above-mentioned work.
61. Prior to building permit issuance for the construction of the structure, geotechnical and civil pad
certifications are to be submitted.
62. In the parking garage, if mechanical ventilation is required (enclosed parking garage) it will be
required to be capable of exhausting a minimum of .75 cubic feet per minute per square foot of
gross floor area CMC Table 4-4. Open garages shall conform with CBC Section 406.5 and Closed
garages with Section 406.6.
63. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be of
noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or trap
discharging to sewers in accordance with the Plumbing Code and SW PPP.
64. The site development of items such as common sidewalks, parking areas, stairs, ramps, common
facilities, etc. are subject to compliance with the accessibility standards contained in Title-24,
California Code of Regulations. Pedestrian access provisions should provide a minimum 48" wide
unobstructed paved surface to and along all accessible routes. Items such as signs, meter
pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width.
Also, note that sidewalk slopes and side slopes shall not exceed published minimums per
California Title 24, Part 2. The civil, grading and landscape plans shall address these
requirements to the extent possible.
65. The parking garage ceiling height shall have a minimum vertical clearance of 8' 2'' where required
for accessible parking.
66. The public accommodation disabled parking spaces must be provided accordioning the following
table and must be uniformly distributed throughout the site.
Total Number of Parking Spaces
Provided
Minimum Required Number of
H/C Spaces
1 to 25 1
26 to 50 2
51 to 75 3
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76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 Two percent of total
1,001 and over Twenty, plus one for each 100 or
fraction thereof over 1,001
67. The project shall be designed to provide access to the physically disabled in accordance with
requirements of Title-24, California Code of Regulation.
68. At least one disabled parking space shall be van accessible; 9 feet wide parking space and 8 feet
wide off- load area. Additionally, one in every eight required handicap spaces shall be van
accessible.
69. Proposed relocated sewer line needs to be identified as either a mainline or lateral.
Las Gallinas Valley Sanitation District (LGVSD)
70. LGVSD requires a special site visit with Kaiser Permanente to discuss potential access issues.
71. Kaiser Permanente shall provide adequate vehicle access to all sanitary manholes on the sewer
main for District maintenance activities. The area needs to be paved and accessible with a 39-
foot long truck.
72. No permanent structure shall be constructed within the proposed easement.
73. Kaiser Permanente shall be responsible for preparation of quitclaim deed and new sewer
easement documents necessary for recordation by the District. Please submit a draft of the
quitclaim deed for review as soon as possible.
74. Complete and submit Application for Allocation of Capacity to LGVSD along with the application
fee of $250 when appropriate. Application is available on District website. Applicants shall submit
design/construction plans to LGVSD for review when available. Plans must show, including but
not limited to, the following: a table showing existing and proposed plumbing fixture count, existing
and proposed floor plans showing location of plumbing fixtures, location of backwater prevention
devices, sanitary sewer, cleanouts, manholes, and other relevant sanitary sewer information that
may be applicable.
75. Based on the LGVSD ordinance of fees adopted on August 10, 2017, the preliminary cost
estimates are:
a. For new buildings, structures, and developments:
i. $5,968 per Equivalent Sewer Unit
ii. Actual fees may be adjusted according to specific conditions outlined in the
Ordinance.
b. For existing buildings, structures, and developments:
i. $298 per Plumbing Fixture Unit (PFU)
ii. Credit may be given to existing plumbing fixtures.
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c. Kaiser Permanente shall reimburse the District for all plan review, field verification before
and after construction, and inspection fees accrued associated with this Project. The
estimate cost is $7,500. Actual fees may be adjusted according to Project-specific
conditions.
d. For more information about District Ordinance and permitting process, please visit
http://www.lgvsd.org/.
San Rafael Fire Department, Fire Prevention Bureau
76. For Fire Protection equipment and systems, the design and construction alterations shall comply
with the 2016 California Fire Code, City of San Rafael Ordinances and Amendments, and the
2016 edition of the National Fire Protection Standards.
77. Deferred Submittals for the following fire protection systems shall be submitted to the Fire
Prevention Bureau for approval and permitting prior to installation of the systems:
a. Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau)
b. Fire Standpipe plans (Deferred Submittal to the Fire Prevention Bureau)
c. Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau)
78. A Post Indicator Valve (PIV) will be provided in proximity to the exposed check valve and Fire
Department connection equipment.
79. A Class I standpipe shall be installed in each stairwell.
80. If this structure is to have an independent street address, then address numbers that are on
contrasting background, illuminated and 6'' minimum height with 4'' stroke shall be placed in a
location that is clearly visible from the street.
81. The entire area fronting the structure shall be posted as a FIRE LANE will all appropriate signage,
striping and stenciling. The fire hydrants will have curbs painted red for 15' on either side along
the roadway.
82. KNOX Fire Department access equipment shall be installed at both FIRE LANE gates. This will
either be a key switch for electric gates, KNOX padlocks for manually operated gates or KNOX
key vaults for keys to open gates equipment. Additionally, keys for locked utility and equipmen t
rooms will be placed inside a KNOX key vault.
During Construction
Community Development Department, Planning Division
83. During any construction period ground disturbance, Kaiser Permanente shall ensure that the
Project contractor implement measures to control dust and exhaust. Implementation of the
measures recommended by BAAQMD and listed below would reduce the air quality impacts
associated with grading and new construction to a less than significant level. The contractor shall
implement the following best management practices that are required of all projects (MM AIR-1):
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.
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d) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be 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 me chanic
and determined to be running in proper condition prior to operation.
h) Post a publicly visible sign with the telephone number and person to contact at the Lead
Agency 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.
84. The Project shall implement a Tree Protection Zone to protect existing trees to be retained
pursuant to the Urban Forestry Associates arborists report from March 17, 2017. This includes
implementation of the arborists checklist and the installation of four-inch metal deer fencing at the
canopy edge where possible or otherwise as close to any proposed excavation as possible.
85. Protect Archaeological Resources Identified during Construction: Kaiser Permanente shall ensure
that construction crews stop all work within 100 feet of the discovery until a qualified archaeologist
can assess the previously unrecorded discovery and provide recommendations. Resources could
include subsurface historic features such as artifact-filled privies, wells, and refuse pits, and
artifact deposits, along with concentrations of adobe, stone, or concrete walls or foundations, and
concentrations of ceramic, glass, or metal materials. Native American archaeological materials
could include obsidian and chert flaked stone tools (such as projectile and dart points), midden
(culturally derived darkened soil containing heat-affected rock, artifacts, animal bones, and/or
shellfish remains), and/or groundstone implements (such as mortars and pestles). (MM CULT-1)
86. Protect Human Remains Identified During Construction: Kaiser Permanente shall treat any human
remains and associated or unassociated funerary objects discovered during soil-disturbing
activities according to applicable State laws. Such treatment includes work stoppage and
immediate notification of the Marin County Coroner and qualified archaeologist, and in the event
that the Coroner’s determination that the human remains are Native American, notification of
NAHC according to the requirements in PRC Section 5097.98. NAHC would appoint a Most Likely
Descendant (MLD). A qualified archaeologist, Kaiser Permanente, County of Marin, and MLD
shall make all reasonable efforts to develop an agreement for the treatment, with appropriate
dignity, of any human remains and associated or unassociated funerary objects (CEQA
Guidelines Section 15064.5[d]). The agreement would take into consideration the appropriate
excavation, removal, recordation, analysis, custodianship, and final disposition of the human
remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach
agreement on these matters. (MM CULT-2)
87. Implementation of the unanticipated discovery measures outlined in Section V(b) and (d) above,
address the potential discovery of previously unknown resources within the project area. If
significant tribal cultural resources are identified onsite, all work would stop immediately within 50
feet of the resource(s) and Kaiser Permanente would comply with all relevant State and City
policies and procedures prescribed under PRC Section 21074. (MM TRIBAL-1)
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Marin Municipal Water District
Medical Office Uses
88. The subject property is currently being served by the Marin Municipal Water District (Service Nos.
54267 – Reclaimed 54268). The purpose and intent of Service No. 54268 are to provide water
for commercial use. The purpose and intent of Service No. 54267 are to provide reclaimed water
for irrigation. The proposed conversion for the existing structure into medical offices will not impair
the District’s ability to continue service to this property.
89. The property’s total annual water entitlement of 16.71 acre-feet may be insufficient for the new
use, therefore purchase of additional water entitlement may be required.
90. Prior to building permit/grading permit issuance and water service approval, a landscape plan
shall be submitted for compliance with all indoor and outdoor requirements of District Code Title
13 – Water Conservation, which requires a landscape plan, an irrigation plan, and a grading plan.
Any questions regarding District Code Title 13 – Water Conservation should be directed to the Water
Conservation Department at 415-945-1497. You can also find information about the District’s water
conservation requirements online at www.marinwater.org.
91. Comply with the backflow prevention requirements, if upon the Districts review backflow
protection is warranted, including installation, testing and maintenance. Questions regarding
backflow requirements should be directed to Dewey Sorensen at (415) 945-1558.
92. Use of recycled water is required, where available, for all approved uses, including irrigation and
the flushing of toilets and urinals. Questions regarding the use of recycled water should be
directed to Dewey Sorensen at (415) 945-1558.
93. Pursuant to Ordinance No. 429, installation of gray water recycling systems is required when
practicable for all projects required to install new water service and existing structures undergoing
a “substantial remodel” that necessitates an enlarged water service.
Parking Structure – APN 165-220-12
The referenced parcel is not currently being served. This parcel will be eligible for water service upon
request and fulfillment to the following conditions:
94. Complete a High-Pressure Water Service Application.
95. Submit a copy of the building permit.
96. Pay the appropriate fees and charges.
97. Complete the structure’s foundation within 120 days of the date of application.
98. Comply with the District’s rules and regulations in effect at the time service is requested.
99. Comply with all indoor and outdoor requirements of District Code Title 13 – Water Conservation.
Plans submitted and reviewed to confirm compliance. The following are required:
a) Verification of indoor fixtures compliance
b) Landscape plan
c) Irrigation plan
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d) Grading plan
100. Comply with the backflow prevention requirements, if upon the District’s review backflow
protection is warranted, including installation, testing and maintenance. Questions regarding
backflow requirements should be directed to Dewey Sorensen at (415) 945-1558.
101. Use of recycled water is required, where available, for all approved uses, including irrigation
and the flushing of toilets and urinals. Questions regarding the use of recycled water should be
directed to Dewey Sorensen at (415) 945-1558.
102. Pursuant to Ordinance No. 429, installation of gray water recycling systems is required when
practicable for all projects required to install new water service and existing structures
undergoing a “substantial remodel” that necessitates an enlarged water service.
Pacific Gas & Electric
103. Electric and gas service to the Project site will be provided in accordance with the applicable
extension rules, which are available on PG&E’s website at
http://www.pge.com/myhome/customerservice/other/newconstruction or contact (800) PGE-
5000. It is highly recommended that PG&E be contacted as soon as possible so that there is
adequate time to engineer all required improvements and to schedule any site work.
104. The cost of relocating any existing PG&E facilities or conversion of existing overhead facilities
to underground shall be the sole responsibility of the applicant or property owner.
105. Prior to the start excavation or construction, the general contractor shall call Underground
Service Alert (USA) at (800) 227-2600 to have the location of any existing underground facilities
marked in the field.
Prior to Occupancy
Community Development Department, Planning Division
106. Signalize Lucas Valley Road / Los Gamos Drive. In coordination with the City of San Rafael,
the County of Marin’s Department of Public Works, and Caltrans, Kaiser Permanente shall pay
the cost to signalize the Lucas Valley Road / Los Gamos Drive intersection to mitigate poor
operating conditions. Signalizing the intersection is consistent with improvements identified in
the San Rafael General Plan 2020 and is provided as a public benefit as part of the Project.
Due to its close proximity to the US-101 Ramp terminal intersections, the new signal should
include traffic signal interconnect and be coordinated with the adjacent interchange signals.
Additionally, interagency coordination will be required during design, construction and
maintenance of the new signal. Therefore, a memorandum of understanding (MOU) will be
required between the City of San Rafael and the County of Marin to document the management
and maintenance of the new signal, since the US 101/Lucas Valley interchange signals and the
new Lucas Valley Road / Los Gamos Drive signal would need to be operated and maintained
by one or multiple agencies (MM TRAF-1).
107. The final TDM program shall be submitted to the City prior to occupancy of the medical office
building. See Master Use Permit UP17-005 condition 10 for the detailed requirements,
monitoring and annual reporting (MM TRAF-2).
108. In coordination with the City of San Rafael Department of Public Works, the County of Marin
Department of Public Works, and Caltrans, Kaiser Permanente shall pay a fair share
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contribution to the reconfiguring and signalization of the Lucas Valley Road/Los Gamos Drive
Intersection. The San Rafael General Plan 2020 (Exhibit 21 #2) identifies improvements at this
intersection, including signalizing the intersection, adding dual westbound left turn lanes,
reconfiguring the northbound approach, and removing existing striped channelized islands, as
illustrated in BKF Intersection Improvement Exhibit plan submitted to the City on July 19, 2018.
Due to its close proximity to the US-101 Ramp terminal intersections, the new signal should
include traffic signal interconnect and be coordinated with the adjacent interchange signals.
Additionally, since the majority of the intersection is located within the County of Marin
jurisdiction, interagency coordination will be required during design, construction and
maintenance of the new signal. Furthermore, a memorandum of understanding (MOU) will be
required between the City of San Rafael and the County of Marin to document the management
and maintenance of the intersection and signals since the US 101/Lucas Valley interchange
signals and the new Lucas Valley Road / Los Gamos Drive signal would be operated and
maintained by one or multiple agencies (MM TRAF-4).
109. Prior to final occupancy of the medical office building, the following improvements shall be
completed:
i. The proposed 433-space parking structure and continued use of 204 existing parking
spaces surrounding the building at 1650 Los Gamos Dr. shall be constructed and
operational.
ii. The traffic improvement project at Lucas Valley Rd/Los Gamos Dr (i.e., signalization,
widening, restriping, and repaving and signal interconnection) along with the other
frontage improvements as shown on BKF Intersection Improvement Exhibit plan, dated
July 13, 2018, shall obtain all necessary permits from City, County and CalTrans, and
the improvements shall be constructed, finalized, and signed off by all permitting
agencies and the new signalized intersection and frontage improvements shall be
operational.
Should the improvements listed above in Use Permit condition #’s 6a and 6b not be completed
when the building is completed for occupancy, medical office uses may occupy up to 70% of the
existing office building. As documented in the Project’s Draft EIR, a qualitative analysis was
conducted by Fehr & Peers for a reduced medical office use project (see Project Alternative 2) to
determine how much the Project’s trip generation would need to decrease in order to reduce the
Project’s transportation impact to less than significant. Based on this analysis, transportation
impacts would be less than significant, and the signalized intersection would not be required if the
Project includes 70% medical office use or less.
110. Prior to a certificate of occupancy, Kaiser Permanente shall verify that operational stormwater
quality control measures that comply with the requirements of the current Phase II Small MS4
Permit have been implemented. (MM HYDRO-2)
Responsibilities include, but are not limited to,:
1) Designing BMPs into Project features and operations to reduce potential impacts to surface
water quality and to manage changes in the timing and quantity of runoff associated with
operation of the Project. These features shall be included in the design‐level drainage plan
and final development drawings.
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2) The Project shall incorporate site design measures and Low Impact Development design
standards, including minimizing disturbed areas and impervious surfaces, infiltration,
harvesting, evapotranspiration, and/or bio‐treatment of stormwater runoff.
3) Kaiser Permanente shall establish an Operation and Maintenance Plan. This plan shall
specify a regular inspection schedule of stormwater treatment facilities in accordance with
the requirements of the Phase II Small MS4 Permit.
4) Funding for long‐term maintenance of all BMPs shall be specified.
111. Final inspection of the Project by the Community Development Department, Planning Division,
is required. Kaiser Permanente shall contact the Planning Division to request a final inspection
upon completion of the Project. The final inspection shall require a minimum of 48-hours
advance notice.
112. All landscaping and irrigation shall be installed prior to occupancy. In the alternative, Kaiser
Permanente shall post a bond with the City in the amount of the estimated landscaping/irrigation
installed cost. In the event that a bond is posted, all areas proposed for landscaping shall be
covered with bark or a substitute material approved by the Planning Division prior to occupancy.
Deferred landscaping through a bond shall not exceed 3 months past occupancy.
113. The landscape architect shall certify in writing and submit to the Planning Division, and call for
inspection, that the landscaping has been installed in accordance with all aspects of the
approved landscape plans, that the irrigation has been installed and been tested for timing and
function, and all plants including street trees are healthy. Any dying or dead landscaping shall
be replaced.
114. Prior to final occupancy, Kaiser Permanente shall submit evidence of a two-year maintenance
contract for landscaping or alternately post a two-year maintenance bond.
115. All ground- and rooftop-mounted mechanical equipment shall be fully screened from public
view.
116. All trash enclosures shall be screened by a combination of fencing with privacy slats and
landscaping.
117. All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy,
all exterior lighting shall be subject to a 90-day lighting level review by the Police Department
and Planning Division to ensure compatibility with the surrounding area and conformance with
that identified in Condition #27 above.
118. All plan details shall be implemented as indicated plans approved for building permit, in
compliance with all conditions of approval and applicable City zoning code requirements, to the
satisfaction of the Community Development Director. Any outstanding fees including planning
review fees, inspection fees, etc. shall be paid.
Public Works Department
Drainage
119. A stormwater agreement, and stormwater Operation and Maintenance (O&M) plan shall be
required to comply with stormwater requirements.
More information is available from MCSTOPPP, hosted on the Marin County Website. See tools
and guidance, and post construction requirements at:
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http://www.marincounty.org/depts/pw/divisions/mcstoppp/development/new-and-
redevelopment-projects
120. The Los Gamos Drive frontage sidewalks shall be revised to meet accessibility requirements,
notably at the existing driveway aprons of the new parking structure. Any deficiencies or trip
hazards shall be addressed prior to occupancy, based on conditions observed in the field.
121. The existing mid-block crosswalk shall be replaced with a crosswalk located in line with the
pedestrian entrance/exit to the garage. This crosswalk shall include bulb-outs and a rapid
repeating flashing beacon (RRFB) similar to others utilized in the City. The RRFB shall be
hardwired and a meter provided. Prior to building permit submittal, the location plan for the bulb
outs and RRFB shall be revised to show a current aerial photograph.
After Occupancy
Community Development Department, Planning Division
122. Following the issuance of a Certificate of Occupancy, all new exterior lighting shall be subject
to a 90-day lighting level review period by the City to ensure that all lighting sources provide
safety for the building occupants while not creating a glare or hazard on adjacent streets or be
annoying to adjacent residents. During this lighting review period, the City may require
adjustments in the direction or intensity of the lighting, if necessary. All exterior lighting shall
include a master photoelectric cell with an automatic timer system, where the intensity of
illumination shall be turned off during daylight.
Sign Program Amendment (SP17-001)
Conditions of Approval
Community Development Department, Planning Division
1. The sign program and appearance and location of all approved signage, as presented to the
Planning Commission at its August 28, 2018 hearing, labeled Kaiser Permanente 1650 Los
Gamos Drive Medical Office Building Project, and on file with the Community Development
Department, Planning Division, shall be the same as required for issuance of all building permits,
subject to these conditions. Minor modifications or revisions to the signage shall be subject to
review and approval of the Community Development Department, Planning Division. Further
modifications deemed not minor by the Community Development Director shall require an
amendment to the Sign Program
2. This Sign Program Amendment shall run with the land and shall remain valid regardless of any
change of ownership of the Project site, subject to these conditions, provided that a
building/grading permit is issued and construction commenced or a time extension request is
submitted to the City’s Community Development Department, Planning Division, within two (2)
years of approval, or September 17, 2020. Failure to obtain a building permit or grading permit
and construction or grading activities commenced, or failure to obtain a time extension within the
two-year period will result in the expiration of this Sign Program.
3. This Sign Program Amendment (SP17-001) approving revised site and building signage shall run
concurrently with the approved Environmental and Design Review Permit (ED17-011) and Master
Use Permit (UP17-001). If either entitlement expires, this Sign Program Amendment shall also
expire and become invalid.
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4. Future changes to the signage shall require a Sign Permit to review and confirm changes are
consistent with the Sign Program.
5. If future signage changes do not meet the Sign Program, the signage shall be revised to meet the
approved Program or a Sign Program amendment will need to be applied for and approved
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and
regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held
on Monday, the 17th of September 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough and Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
By: ______________
LINDSAY LARA, City Clerk
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
You are invited to attend the City Council hearing on the following project:
DATE/TIME/PLACE: Monday, September 17, 2018 at 7:00 P.M.
City Hall Council Chambers, 1400 Fifth Avenue, San Rafael, CA 94901
PROJECT: PROJECT: 1650 Los Gamos Drive (Kaiser Medical Offices)– Request for Planned
Development (PD) Rezoning, Environmental and Design Review Permit , Master Use Permit
and Sign Program amendment for the conversion of an existing three-story office building to
medical office uses and the construction of a new 37-foot tall, 3-level, 433- stall parking
structure on the western parcel at 1650 Los Gamos Drive in North San Rafael. The PD
Rezoning also requires amending the current PD (PD 1590) to remove language specific to the
1650 Los Gamos Drive property for 1600 Los Gamos Dr (APN’s 011-256-10 & -11). This
item was previously reviewed and recommended for approval by the Planning Commission at
their August 28, 2018 meeting. APN: 011-256-12, 011-256-13; PD 1590 District; Kaiser
Foundation Health Plan, owner/applicant; File No(s).: ZC17-001, ED17-011, UP17-005,
SP17-002, NM17-001, IS17-001.
As required by state law, the project's potential environmental impacts have been assessed. A
Draft Environmental Impact Report (DEIR) (SCH # 2017062019) was previously prepared
and made available for public review on March 8, 2018, for a 45-day public review and
comment period concluding on April 24, 2018 at the Planning Commission meeting. A Final
Environmental Impact Report/Response to comments (FEIR), which meets the provisions of
the California Environmental Quality Act will be available for review on Friday, August 10,
2018. The FEIR (along with the DEIR) is available on the City’s web site at
http://www.cityofsanrafael.org/kaiser-losgamos/. A limited number of copies of the FEIR will
be available for review at the City of San Rafael Community Development Department (1400
Fifth Avenue) and the San Rafael Library (1100 E Street).
WHAT WILL
HAPPEN:
You can comment on the project. The City Council will consider all public testimony
and decide whether to: 1) certify the Final EIR, 2) approve a mitigation monitoring
program and adopt a statement of overriding considerations; and 3) approve of project
entitlements.
IF YOU CANNOT
ATTEND:
You may send a letter to Lindsay Lara, City Clerk, City of San Rafael, 1400 5th Ave, San
Rafael, CA 94901. You may also hand deliver a letter to the City Clerk prior to the
meeting.
FOR MORE
INFORMATION:
Contact Sean Kennings, Project Planner at (415) 533-2111 or
sean.kennings@cityofsanrafael.org. You can also come to the Planning Division
office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed
project. The office is open from 8:30 a.m. to 4:30 p.m. on Monday, Tuesday and
Thursday and 8:30 a.m. to 1:30 p.m. on Wednesday and Friday. You can also view the
staff report after 5:00 p.m. on the Friday before the meeting at
http://www.cityofsanrafael.org/meetings
SAN RAFAEL CITY COUNCIL
/s/ Lindsay Lara
Lindsay Lara
CITY CLERK
(Please publish in the Marin Independent Journal on Saturday, September 1, 2018.)