HomeMy WebLinkAboutCC Resolution 14586 (Kaiser Medical Offices 1650 Los Gamos Drive)
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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
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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
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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
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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.
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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
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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
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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).
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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
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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.
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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.
22
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
23
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
24
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.
25
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.
26
▪ 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.
27
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.
28
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
29
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;
30
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.