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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