HomeMy WebLinkAboutOrdinance 1962 (Kaiser Office Building Ordinance)ORDINANCE NO.1962
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING AN
AMENDMENT TO PLANNED DEVELOPMENT (PD-1590) ZONING TO: 1)
SEPARATE 1650 LOS GAMOS DRIVE FROM EXISTING PD-1590 AND 2)
CREATE A NEW PD ZONING DISTRICT FOR 1650 LOS GAMOS DRIVE WITH
LAND USE REGULATIONS AND DEVELOPMENT STANDARDS TO ALLOW
MEDICAL OFFICE USE IN ADDITION TO GENERAL OFFICE USES
(KAISER MEDICAL OFFICE BUILDING AT 1650 LOS GAMOS DR
-APN's 165-220-12 &13)
WHEREAS, in 1972, the City of San Rafael adopted an Administrative
Professional / Planned Unit Development Administrative Professional District (AP and
PUD-AP District) establishing Lucas Green I for the 1600 Los Games Drive property.
The 38.4-acre Lucas Green Master Plan was adopted to permit development of general
office, administrative office, a computer center and associated parking and related uses
for the specific parcels within the Plan Area.
WHEREAS, in 1979, the overlaying zoning district was amended (to PD-1350
District) to allow the construction of Lucas Green II at 1650 Los Games Drive with the
condition requiring a Transportation Service Management (TSM) Plan. The PD District
change was approved to allow two office buildings: a 340,000 sq. ft. computer center,
and a 150,000 sq. ft. computer and office building with 1,296 parking spaces. In 1990,
PD-1350 was further amended (to PD-1590) to include the TSM as a requirement; and
WHEREAS, On February 21, 2017, Kaiser Foundation Health Plan (Kaiser or
Kaiser Permanente) submitted project applications to the City of San Rafael Community
Development Department for a Use Permit (UP17-005), an Environmental and Design
Review Permit (ED17-001), a Zone Change (ZC17-001) to amend the existing Planned
Development (PD)-1590 District for the Marin Commons, and a Sign Program
Amendment (SP17-002) for the conversion of an existing approximately 148,000-
square-foot office building to medical 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 Games Drive; and
WHEREAS, Kaiser Permanente's application for the PD rezoning proposes to
sever the 1650 Los Games Drive property from the larger PD-1590 Zoning District that
encompasses both the 1600 Los Games Drive and 1650 Los Games Drive properties,
and create a new separate PD Zoning District for the 1650 Los Games Drive property
only that would allow for medical office use, in addition to general office and other
ancillary uses; and
WHEREAS, a proposed PD zoning for Kaiser Permanente (Development Plan) is
presented in attached Exhibit B, incorporated herein by reference. The PD zone
proposes to:
a. Sever 1650 Los Games Drive from existing PD-1590;
b. Create a new PD Zoning District for the 1650 Los Games Drive property;
c. Establish permitted land uses in the new PD District, including medical office
uses in addition to general office and other ancillary uses; and
Attachment 3-1
d. Establish development standards, including parking requirements for the new
PD District; and
WHEREAS, upon review of the subject applications, an Initial Study was
prepared on June 9, 2017, consistent with the requirements of the California
Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), which
found that there could be potentially significant impacts to the environment in the
following areas: Air Quality, Greenhouse Gas Emissions, Land Use, Noise,
Transportation and Circulation, and Project Alternatives; and
WHEREAS, on June 27, 2017, the Planning Commission (Commission) held an
appropriately-noticed public scoping hearing on the Notice of Preparation (NOP) for the
preparation of an Environmental Impact Report (EIR) to assess the impacts of the
Project. The Planning Commission directed staff to prepare an EIR for the Project
pursuant to CEQA to address the following issues, Aesthetics, Air Quality, Greenhouse
Gas Emissions, Land Use and Planning, Noise, Traffic and Transportation, and Project
Alternatives, as per the Initial Study previously prepared for the Project; and
WHEREAS, on September 6, 2017, the City of San Rafael Design Review Board
(ORB) conducted a duly-noticed public meeting and reviewed the conceptual plans
submitted for the Project. The ORB generally expressed support for the proposed
parking structure design but requested modifications to the fa9ade to hide the "parking
garage" look and requested that the structure be set back from the road; and
WHEREAS, on April 13, 2018, Kaiser Permanente resubmitted a revised parking
structure design proposing construction of a 473-space, three-level-plus-upper ramp
parking structure at the same location as originally proposed; and
WHEREAS, the Draft EIR (DEIR) was completed and a Notice of Completion
(NOC) was filed and the DEi R was made available and circulated for a 45-day public
comment period, beginning on March 8, 2018 and closing on April 23, 2018; and
WHEREAS, on April 24, 2018, the Planning Commission held a duly-noticed
public hearing to accept comments on the DEIR and directed staff to prepare a Final
Environmental Impact Report (FEIR); and
WHEREAS, on May 22, 2018, the ORB conducted a duly-noticed public meeting
and reviewed the design of the formal applications. The Board reviewed the Project and
voted unanimously to continue the matter to date uncertain, subject to specific
consensus recommendations; and
WHEREAS, on July 2, 2018, based on feedback from the City of San Rafael
Design Review Board and community input, Kaiser Permanente resubmitted a revised
parking structure design proposing construction of a 433-space, three-level parking
structure at the same location as originally proposed; and
WHEREAS, on July 17, 2018, the ORB conducted a duly-noticed public meeting
and reviewed the plans revised in response to its May 22, 2018 comments, found that
the revisions had adequately addressed their comments, and unanimously voted (5-0) to
recommend approval of the Project design to the Planning Commission; and
Attachment 3-2
WHEREAS, pursuant to Public Resources Code Section 21091 (d)(2)(A) and
CEQA Guidelines Sections 15088, 15089 and 15132, the City responded to all the
environmental comments that were submitted on the DEIR during the public review
period and a FEIR was completed. On August 10, 2018, a Notice of Availability for the
FEIR/Response to Comments and the August 28, 2018 Planning Commission hearing
was mailed to interested persons and property owners and occupants within 500 feet of
the property and to all responsible, trustee and other public agencies that commented on
the DEIR. A notice of availability and public hearing was also published in the Marin
Independent Journal on Saturday, August 11, 2018; and
WHEREAS, on August 28, 2018, the Planning Commission held a duly-noticed
public hearing on the Project, including environmental review, the PD Rezoning (ZC17-
001), Use Permit Amendment (UP17-005), Environmental and Design Review Permit
(ED17-011 ), and Sign Program Amendment (SP17-001 ), accepting all oral and written
public testimony and the written report of the Community Development Department
Planning staff and closed said hearing on that date; and
WHEREAS, following the public hearing, the Planning Commission adopted
Resolution No.18-05 recommending adoption of the FEIR; and
WHEREAS, in considering the PD Rezoning, Master Use Permit, Environmental
and Design Review Permit and Sign Program Amendment applications, the Planning
Commission reviewed and considered the FEIR and all applicable mitigation measures
therein. The FEIR concludes that the Project will result in significant and unavoidable
adverse environmental traffic impacts to the Los Games Drive / Lucas Valley Road and
Las Gallinas Drive / Lucas Valley Road intersections. Although these impacts could be
mitigated to less-than-significant levels through the implementation of identified
mitigation measures, the intersections are outside of the City's jurisdiction and require
authorization and permits by the County of Marin and the California Department of
Transportation (CAL TRANS). As such, since the City cannot legally implement
mitigation measures outside of its jurisdiction, the impacts are identified in the FEIR as
significant and unavoidable. The FEIR also identifies Alternative 4: "Applicant-
Implemented Traffic Improvements" as the Environmentally Superior Alternative and
concludes that it would eliminate significant and unavoidable impacts to the Los Games
Drive / Lucas Valley Road intersection. The Planning Commission weighed the Project
benefits against the unavoidable, adverse environmental effects. By separate resolution
(No. 18-06), consistent with CEQA Guidelines Section 15063 and consistent with San
Rafael General Plan 2020 Circulation Element Policy C-6 (Proposed Improvements), the
Planning Commission recommended adoption of a Statement of Overriding
Considerations, which supports approval of the Project and the accompanying planning
applications. This separate Resolution also recommended the approval of a Mitigation
Monitoring and Reporting Program (MMRP) to ensure that required mitigation measures
are incorporated into Project action; and
WHEREAS on August 28, 2018, the Planning Commission adopted Resolution
No. 18-07 (5-0, 1 absent, I recused), recommending to the City Council adoption of the
Planned Development (PD) Zone Change for 1650 Los Games Dr. to sever the property
from the existing PD 1590 District and create a new PD District for the proposed medical
office use;
Attachment 3-3
WHEREAS, on August 31, 2018, a Public Notice for the City Council hearing,
which includes the Notice of Availability of the FEIR/Response to Comments, was
mailed to interested persons and property owners and occupants within 500 feet of the
property and to all responsible, trustee and other public agencies that commented on the
DEIR, informing them of the City Council hearing for final action. A notice of availability
was also published in the Marin Independent Journal on Saturday, September 1, 2018;
and
WHEREAS, on September 17, 2018, the City Council held a duly-noticed public
hearing to review the proposed amendment to the PD-1590 zone and all applications for
the Kaiser Permanente 1650 Los Gamos Drive Medical Office Building Project and
considered all oral and written public testimony and the written report of the Community
Development Department; and
WHEREAS, on September 17, 2018, by separate resolutions, (1) the City
Council certified the FEIR, and (2) adopted CEQA findings of fact, adopted a statement
of overriding consideration and approved the Mitigation Monitoring and Reporting
Program (MMRP); and
WHEREAS, the custodian of documents which constitute the record of
proceedings upon which this decision is based is the Community Development
Department; and
WHEREAS. the City Council makes the following findings, as required under San
Rafael Municipal Code Title 14 (Zoning Ordinance) Sections 14.27 .060 and 14.07 .090,
approving the severance of the 1650 Los Gamos Road from PD-1590 and creating a
new Zoning District for that property:
1. The proposed PD amendment to sever the 1650 Los Gamos Drive property and
establish a new PD District for the Project would be consistent with the San
Rafael General Plan 2020 as follows:
a. The increase in traffic estimated for the change in use would impact and
change level of service conditions at local intersections and would
warrant new transportation improvements that have been identified in the
Kaiser Permanente 1650 Los Gamos Drive Medical Office Building
Project Final EIR, as well as included in the "Applicant-Implemented
Traffic Improvements Alternative" that will be adopted for this Project. The
transportation improvements include the signalization of Lucas Valley
Rd/Los Gamos Dr, which is an identified improvement per General Plan
2020 Circulation Policy C-6.
b. As proposed, the Project's land uses are consistent with Land Use
Element Policies LU-23 (Land Use Map and Categories), LU-I0 (Planned
Development), LU-9 (Intensity of Nonresidential Development), and LU-
14 (Land Use Compatibility) in that these uses would be compatible with
the current land uses allowed under the PD-1590 District and compatible
with existing land uses found in the surrounding area.
c. As proposed, the Project's land uses would be consistent with Circulation
Element Policies C-5 (Traffic Level of Service Standards) C-6 (Proposed
Improvements), C-7 (Circulation Improvements Funding) and C-12
(Transportation Demand Management) in that: the increase in traffic
Attachment 3-4
estimated for these uses would not impact or change level of service
conditions at local intersections nor would they warrant new
transportation improvements; the medical office use component would be
subject to the adopted citywide traffic mitigation fees which would be used
to fund long-term transportation improvements; and the Project would
implement transportation demand measures, such as encouraging
employees through incentives to carpool and use public transit and other
alternative means of transport.
d. As proposed, the Project's land uses would be consistent with
Neighborhood Element Policies NH-7 (Neighborhood Identity and
Landmarks), NH-8 (Parking), NH-136 (Design Excellence), NH-138
(Industrial Uses and Design Improvement) in that they would: facilitate
additional employment and future economic success in the North San
Rafael area; allow compatible land uses that would fill current and long-
term projected vacancies in general office space; and provide required
amount of parking required for the proposed medical office use.
e. As proposed, the Project's land uses would be consistent with the
Community Design Element Policy CD-21 (parking lot landscaping) in
that: the uses proposed will have an approved landscaping plan and
parking structure design that will provide shade cover and adequate
screening of vehicles within parking lot areas.
f. As proposed, the Project's land uses would be consistent with the
Economic Vitality Element Policy EV-1 (Economic Health and Quality of
Life) and EV-2 (Policy EV-2. Seek, Retain, and Promote Businesses that
Enhance San Rafael) in that: the uses proposed will ensure a local
employer will continue to provide jobs and access to health services in a
centrally located office building close to freeway access .
g. As proposed, the Project's land uses would · be consistent with newly
adopted Sustainability Element Policies SU-1 (Land Use) and SU-2
(Promote Alternative Transportation) and the adopted Climate Change
Action Plan in that: the uses are proposed within an existing and
approved development office park that is close to public transit (both bus
stop on Highway 101 and SMART rail station at Civic Center);
h. As proposed, the Project's land uses would be consistent with the
Conservation Element Policy CON-6 (setbacks) in that: the uses
proposed will be located outside the 25-foot top-of-bank setback from the
tributary to Gallinas Creek northwest of the Project site.
2. As proposed, the PD amendment to sever the 1650 Los Gamos Drive property
and establish a new PD District for the Project is appropriate for the area,
location and overall planning for the Project, and the design and development
standards will promote the maintenance of an environment of sustainable
desirability and stability and will not impact the amount of open space
surrounding the property in that:
a. The changes in use proposed by the Project would expand the types of
allowable land uses within the PD district to include medical office uses,
but would not result in changes to the existing, adopted building intensity
limits since there is no increase in allowable floor area ratio or building
area proposed.
Attachment 3-5
b. The Project site and corresponding general office PD District is presently
developed with a full roadway system and utility infrastructure to
accommodate the proposed Project. Development of the Project and
amendment of the PD would result in a new infrastructure improvement at
the Los Gamos Drive / Lucas Valley Road intersection but would not
require physical development of open space or undeveloped areas.
c. The Project site is presently planned and developed to preserve all
undeveloped open spaces west and north of the existing development,
which will not be impacted or changed as a result of the PD amendment.
d. As proposed and as conditioned, the PD revisions will not impact public
facility services that are currently provided to the Project site for individual
parcel development, nor will amendments impact the established or
planned auto, bicycle or pedestrian traffic system. Specifically, although
the FEIR prepared and certified for the Project concludes that
development of the Project would result in impacts to the Los Gamos
Drive / Lucas Valley intersection, mitigation measures have been
identified and adopted (MM TRAF-1 and TRAF-3) to reduce or eliminate
these impacts, which will be required in conjunction with site
development. To ensure implementation, conditions are incorporated into
the Master Use Permit to require future project compliance with the
Mitigation Monitoring and Reporting Program (MMRP), which is
recommended for approval by separate resolution.
3. Kaiser Permanente has demonstrated that the proposed reuse of the existing
office building with medical uses could be served by public facilities such as
sewer, water, refuse services and other infrastructure resources that currently
serve the existing development and are available to serve the proposed change
in use. Furthermore, the new medical office use would not induce population
growth necessitating additional public facilities.
4. The Project would not deviate from typical Zoning Ordinance property
development and parking standards and the PD District land use regulations and
development standards are consistent with what would be required for a lot of
this size under a typical zoning designation.
5. The auto, bicycle and pedestrian traffic systems presented on the Project
Development Plan are adequately designed for circulation needs and public
safety in that: a) necessary circulation system improvements are proposed to be
built with the Project as identified in the General Plan 2020; b) the Project site is
surrounded by roadway and/or freeway on three sides and provides ample
pedestrian and bicycle and vehicular access points; c) the Project access and
site layout has been reviewed by the appropriate City Departments and has been
determined to meet City standards; d) a new parking structure is proposed to be
constructed to accommodate the parking demands associated with medical office
uses; and (e) emergency vehicle access is provided to serve the Project.
6. As proposed and conditioned, the public health, safety and general welfare are
served by the adoption of the proposed PD District, in that:
a. The action would not result in the addition of land use or development
intensity, nor would it change the development and spatial regulations
Attachment 3-6
(e.g., setbacks, building heights, lot coverage) or the design standards
(building and landscape standards and guidelines) that influence building
size, building location or spacing, amount or location of open space.
b. As noted above, by separate resolution, the City Council has approved a
Mitigation Monitoring and Reporting Program (MMRP), which identifies all
required mitigation measures to reduce or eliminate environmental
impacts, including, but not limited to aesthetics, air quality, noise, and
transportation and circulation.
c. This action would be consistent with the provisions of the Zoning
Ordinance. Specifically, the proposed amendment to allow medical office
uses within the General Plan Office designation would be consistent, in
part, with the definition for medical office use in the Zoning Ordinance.
The Zoning Ordinance defines medical office uses as a facility, other than
a hospital, where medical, dental, mental health, surgical, and/or other
personal health care services are provided on an outpatient basis.
d. The City Council has determined, through adoption of a separate
resolution of CEQA Findings of Fact and Statement of Findings of
Overriding Considerations, that the benefits of the Project outweigh the
unavoidable, adverse environmental effects of the action to amend the
PD District. The findings in that separate resolution are incorporate
herein by reference and reaffirmed to support this action to amend the
PD-1590 District;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1.
Ordinance No. 1590 (PD-1590 District) is hereby amended to remove the 1650 Los
Games Dr property from the PD District.
DIVISION 2.
A new PD Zoning District is hereby established for 1650 Los Games Dr with appropriate
land use and development standards to allow medical office use, along with other office
and ancillary uses of the existing building, a new parking structure and associated
parking and site improvements as set forth in attached Exhibit B.
DIVISION 3.
The Zoning Map of the City of San Rafael, California, adopted by reference by Section
14.01 .020 of the San Rafael Municipal Code is amended by reclassifying the following
real property from Planned Development (PD-1590) District to a new Planned
Development District. Said property so reclassified is 1650 Los Games Dr and is located
on both sides of Los Games Dr, Street, as shown on County Assessor's Parcel No.'s
165-220-12 & 13, and as illustrated on the map and detailed legal description attached as
Exhibits "A" and "C" attached hereto and incorporated herein by reference.
Attachment 3-7
DIVISION 4.
If any subsection, sentence clause or phrase of this ordinance amendment is, for any
reason, held to be invalid, such decision shall not affect the validity or the remaining
portion.s of this added ordinance section.
DIVISION 5.
This Ordinance shall be published once, in full or in summary form, at least five days
before its final passage, in a newspaper of general circulation published and circulated in
the City of San Rafael, California, and shall be in full force and effect thirty (30) days
after its final passage. If published in summary form, the ordinance shall simultaneously
be posted in full in the City Clerk's office, and the summary shall also be published within
fifteen (15) days after the adoption, together with the names of those Councilmembers
voting for or against same, in a newspaper of general circulation published and
circulated in the City of San Rafael, California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the Office of the
City Clerk, a certified copy of the full text of this ordin ce ame ment along with the
names of those Councilmembers voting for or against th amendm nt.
ATTEST:
YY~~
LINDSAY LARA, City Clerk
The foregoing Ordinance No.1962 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on the 17th day of September 2018, and was
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an Ordinance of the City of San Rafael at a regular
meeting of the City Council to be held on the 1st day of October 2018.
EXHIBITS
A:
B
C:
LINDSAY LARA, City Clerk
Map of Properties Subject to PD Amendment
Land Use and Development Standards
Legal Description
Attachment 3-8
"EXHIBIT A"
PD Rezoning to sever APN's 165-220-12 & 13 from current PD-1590 and
establish a new PD District for APN's 165-220-12 & 13 with the Development
Standards contained in Exhibit B
Exhibit A-1 to Attachment 3
"EXHIBIT B"
1650 Los Games Drive -APN's 165-220-12 & 13
Kaiser Permanente Medical Office Building
(Amending Former PD-1590, Lucas Green Buildings I and II)
INTENT
The Kaiser Permanente Medical Office Building Planned Development (PD) District at
1650 Los Gamos Drive (Assessor's Parcel Numbers (APN) 165-220-12 & 13) is based
on the (1) Master Use Permit (UP17-005}, (2) Environmental and Design Review Permit
(ED17-001), Zone Change (ZC17-001), and (4) Sign Program Permit (SP17-002}
approved by the City Council on __ , 201_.
LAND USES
1. This site permits a maximum of 150,000 square feet of building area approved for
the following uses: general office, medical office, professional office, and
administrative office uses, as more specifically defined in Master Use Permit UP17-
005.
2. The site is permitted to provide outpatient medical services, including, but not limited
to, family medicine, pediatrics, chemical dependency recovery program,
psychiatry/psychology, OBGYN, laboratory, blood draw, optometry, pharmacy, and
other similar and ancillary support services.
3. The site is permitted to provide limited accessory retail sales, including, but not
limited to, a pharmacy and cafe.
4. This site is permitted to provide uses that promote sustainability. These may include,
but are not exclusive of, solar panels, recycling areas, overnight parking for shuttles,
electric vehicle charging stations, and other on-site alternative power generation
units.
5. Uses determined to be accessory or incidental to the above-listed land uses shall be
permitted, as determined to be appropriate by the Community Development Director.
6. Given dynamic changes in health and office uses, future minor changes or
modifications to the above enumerated uses shall also be permitted as determined to
be appropriate by the Community Development Director.
Requirements and conditions for all uses at the site shall be consistent with Master Use
Permit UP17-005.
DEVELOPMENT AND DESIGN STANDARDS
All buildings, structures, site improvements, landscaping, parking, exterior lighting and
signage shall be consistent with the conditions of approval for the site's Master Use
Permit (UP17-005), Environmental and Design Review Permit (ED17-001) and Sign
Program Permit (SP17-002).
Exhibit B-1 to Attachment 3
The following sustainable technologies may be implemented into the Master Use Permit
per the discretion of the Community Development Director:
Fuel-cell technology
Other sustainable programs or technologies yet defined
Any minor site-specific regulations or development and design standards necessary to
guide and approve building additions, modifications or property improvements are
subject to administrative approval by the Community Development Director in lieu of
amending the PD zoning.
Exhibit B-2 to Attachment 3
"EXHIBT C"
LEGAL DESCRIPTION
Real property in the City of San Rafael, County of Marin, State of California, described
as follows:
PARCEL A:
PARCEL 2 AS SHOWN UPON THAT CERTAIN PARCEL MAP ENTITLED, "PARCEL
MAP LANDS OF KRONOS PROPERTY HOLDINGS NV D.N. 84-0058614 PARCEL
MAP BEING A RESUBDIVISION OF PARCEL 1 (WEST) BOOK 19 OF PARCEL MAPS,
PAGES 56 & A RESUBDIVISION OF PARCEL 1 BOOK 22 OF PARCEL MAPS, PAGE
39, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA", FILED FOR RECORD
FEBRUARY 28, 1994 IN VOLUME 25 OF PARCEL MAPS, AT PAGE 63, MARIN
COUNTY RECORDS.
PARCEL B:
EASEMENT FOR ACCESS AND PARKING PURPOSES, OVER PARCEL 1, AS SAID
PARCEL AND EASEMENT ARE SHOWN ON THE PARCEL MAP REFERRED TO
HEREINABOVE.
APN: 165-220-12 (Affects: Portion of Said Land)
165-220-13 (Affects: Portion of Said Land)
Exhibit C-1 to Attachment 3