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HomeMy WebLinkAboutPlanning Commission 2018-04-24 Agenda PacketAGENDA SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY,April 24,2018, 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE SAN RAFAEL, CALIFORNIA Sign interpreters and assistive listening devices may be requested by calling 415/485-3085 (voice) or 415/ 485-3198 (TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation to City Hall is available through Golden Gate Transit, Line 20 or 23. Paratransit is available by calling Whistlestop Wheels at 415/454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. Any records relating to an agenda item, received by a majority or more of t he Agency Board less than 72 hours before the meeting, shall be available for inspection in the Community Development Department, Third Floor, 1400 Fifth Avenue, and placed with other agenda-related materials on the table in front of the Council Chamber prior to the meeting. THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERP RETED TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00 P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON -APPLICANTS) OR A $4,476 DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00 ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT. CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the Community Development Director in advance. CONSENT CALENDAR 1.Minutes, February 27, 2018 PUBLIC HEARINGS 2.1650 Los Gamos Drive (Kaiser Permanente Medical Office Building)–Review of Draft Environmental Impact Report (DEIR) (SCH # 2017062019) prepared for a project proposing the conversion of an existing office building to medical office uses and construction of new 476 stall, three-level parking garage. The request includes a Planned Development (PD) Amendment, Master Use Permit, Environmental and Design Review Permit and Sign Program amendment for use change and new parking structure, site improvements and signage. APNs: 165-220-12, 165-220-13; Zone; PD 1950, Applicant; Kaiser Permanente, Owner and Applicant; Case Number(s): UP17-005, ZC17-001, SP17-002, NM17-001, IS17- 001, ED17-001. Project Planner: Sean Kennings 3.Oral Presentation by Resilient by Design -a Bay Area group aspiring to develop innovative community- based solutions that will strengthen San Rafael’s resilience to sea level rise, severe storms, flooding and earthquakes. DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT I.Next Meeting:May 15,2018 II.I, Anne Derrick,hereby certify that on Friday,April 20,2018,I posted a notice of the April 24,2018 Planning Commission meeting on the City of San Rafael Agenda Board. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL,February 27, 2018 Regular Meeting San Rafael Planning Commission Minutes For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings CALL TO ORDER Present:Larry Paul Charlie Pick Jack Robertson Jeff Schoppert Berenice Davidson Barrett Schaeffer Absent:Sarah Loughran Also Present:Raffi Boloyan, Planning Manager Sean Kennings, Contract Planner PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION CONSENT CALENDAR 1.Minutes 02/13/18 Jeff Schoppert moved and Larry Paul seconded to approve Minutes with following changes: 1)Change Commissioner vote from a "Yes" vote to a "No"vote on the Cannabis Item 2)Remove Commissioner Loughran from a "Yes" vote to a "No" vote on both the approval of the Minutes and the Cannabis Item. 3)Add Commissioner Robertson as a "Yes" vote to both the approval of the minutes and the Cannabis Item. AYES:Larry Paul, Charlie Pick, Jack Robertson, Barrett Schaefer, Jeff Schoppert, Berenice Davidson NOES:None ABSTAIN:None ABSENT:Sarah Loughran PUBLIC HEARINGS 2.999 3rd Street (BioMarin R&D building / Whistlestop Senior Center / Senior Housing)– Request for Conceptual Design Review of a 70-foot tall, four-story Research and Development building on a 133,099 SF parcel, currently developed as a vacant lot, a 62- foot tall, five-story senior center and affordable senior housing building on a 15,000 SF portion of the northwestern corner of the parcel; APN: 011-265-01; Second/Third Mixed Use (2/3 MUE) Zone; Shar Zamanpour, Applicant; BioMarin / CCCA, LLC, Owner; Downtown Activity Center neighborhood area. Project Plann er: Sean Kennings Staff Report Project Plans (reduced version) The Commission gave their comments on this item.There was not vote, as this was a Conceptual Item. DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT ___________________________________ ANNE DERRICK,Administrative Assistant III APPROVED THIS_____DAY____OF_______, 2018 _____________________________________ Berenice Davidson,Chair Community Development Department –Planning Division Meeting Date:April 24, 2018 Agenda Item: Case Numbers:UP17-005, ZC17-001, SP17- 002, NM17-001, IS17-001, ED17-001 Project Planner:Sean Kennings:(415) 533-211 REPORT TO PLANNING COMMISSION SUBJECT:1650 Los Gamos Drive (Kaiser Permanente Medical Office Building)–Review of Draft Environmental Impact Report (DEIR)(SCH # 2017062019)prepared for a project proposing the conversion of an existing office building to medical office uses and construction of new 476 stall, three-level parking garage.The request includes a Planned Development (PD)Amendment, Master Use Permit, Environmental and Design Review Permit and Sign Program amendment for use change and new parking structure, site improvements and signage.APNs:165-220-12, 165-220-13; Zone; PD 1950, Applicant;Kaiser Permanente, Owner and Applicant; Case Number(s):UP17- 005, ZC17-001, SP17-002,NM17-001, IS17-001, ED17-001 EXECUTIVE SUMMARY The City of San Rafael is the lead agency responsible for overseeing environmental review for a project proposing the conversion of an existing office building to medical office uses and construction of new 476 stall, three-level parking garage.The required and submitted applications for Planning entitlements include:Planned Development (PD) Amendment (ZC17-001), Master Use Permit (UP17-005), Environmental and Design Review Permit (ED17-001),and Sign Program amendment (SP17-002). In June 2017, the City prepared an Initial Study and released a Notice of Preparation (NOP) for an Environmental Impact Report (EIR). The NOP and Initial Study process established that the scope of the project would have potentially significant impacts, which could be reduced to a less-than-significant levels through mitigation measures with the exception of Land Use and Planning, Air Quality, Greenhouse Gas Emissions, Noise, and Transportation and Circulation.The Commission conducted a public hearing on the NOP on June 27, 2017, and further concluded that in addition to the identified areas of concern in the Initial Study, Aesthetics should be evaluated for potentially significant impacts due to potential inclusion of solar panels on the upper level of the parking structure. As such, the Commission established that the scope of specific environmental impacts to be studied, based upon the Initial Study and public comments, should include the following: Land Use and Planning, Aesthetics, Air Quality, Greenhouse Gas Emissions, Noise, and Transportation and Circulation. Accordingly, a Draft EIR (DEIR)has been prepared and released for a public review and comment period, concluding on April 23, 2018 with this Commission meeting.The DEIR concludes the project’s impacts to Land Use and Planning, Aesthetics, Air Quality, Greenhouse Gas Emissions, Noise could be reduced to a less-than-significant level if recommended mitigation measures are implemented. However, the DEIR concludes that the project’s impacts to Transportation and Circulation would remain significant and unavoidable.Therefore, when the project merits come before the Commission at a later date for final consideration (along with the Final EIR), the Commission would be required to adopt a statement of overriding considerations if they choose to approve the project as proposed. A finding of overriding considerations means that the project’s benefits (social, economic, technological or other) are found to outweigh the significant, unavoidable transportation and circulation impacts. REPORT TO PLANNING COMMISSION Page 2 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 Consistent with California Environmental Quality Act (CEQA),the DEIR was released for a 45-day public review period on March 9, 2018. The purpose of this public hearing is to accept comments on the adequacy of the DEIR. Comments should focus on the environmental issues and project alternatives evaluated in the DEIR, not on the merits of the project, which will be the subject of a future public hearing before the Planning Commission. RECOMMENDATION It is recommended that the Planning Commission take the following action: 1.Accept public testimony on the DEIR; and 2.Direct staff to prepare a Final Environmental Impact Report (FEIR)/Response to comments. PROPERTY FACTS Address/Location:1650 Los Gamos Drive Parcel Number(s):165-220-12, 165-220-13 Property Size:7.02-acres(305,791 sq ft) 4.09-acres (178,160 sq ft) 11.1-acres total (483,951 sq ft) Neighborhood:North San Rafael Commercial Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site:O PD 1590 Office building, surface parking North:N/A N/A County undeveloped South:Office PD 1590 Office, surface parking East:N/a N/A Highway 101 West:OS, LDR P/OS, R7.5 Open Space,Residential Site Description/Setting: The project site is located in the North San Rafael Commercial Center district just west of Highway 101 and just south of the intersection of Lucas Valley Rd.and Los Gamos Dr.The subject building is surrounded by several existing surface parking lots,along with a County of Marin‐owned office building to the south, at 1600 Los Gamos Dr.and the Marin YMCA at 1500 Los Gamos Drive The approximately 340,000 sq.ft.County building at 1600 Los Gamos Dr.is used as the Emergency Operations Center (EOC),Sherriff’s offices,and other county functions, as well as some limited non-county general office uses including a daycare center and private school.The project site is located in a mixed‐use office/commercial area and is separated from the nearest residential neighborhood by an open space hillside. The existing 1650 Los Gamos Dr.building (Assessor Parcel Number’s [APN] 165‐220‐13) is three stories in height, approximately 148,000 sq.ft.,and located on approximately 4.09-acres of land with surface parking. The site of the proposed Parking Structure (APN 165‐220‐12) is approximately 7.02-acres in size, located to the west of 1650 Los Gamos Dr, on the west side of Los Gamos Dr.. The parcel consists of an existing surface parking lot and vegetative hillside, and abuts an undeveloped hillside slope, with a single‐family subdivision above. There is also an existing sanitary sewer line running through the parcel. REPORT TO PLANNING COMMISSION Page 3 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 The surface parking site over which Kaiser holds an easement over a portion of the adjacent parcel (1600 Los Gamos Dr.), which provides 42 parking spaces for the use of 1650 Los Gamos Dr.. Together, these parcels are the “Project Site”. BACKGROUND Both 1650 and 1600 Los Gamos Dr.were originally constructed pursuant to a Planned Development (“PD”) District, which allows 1650 Los Gamos Dr,to be constructed with up to 150,000 sq.ft.of office uses and 1600 Los Gamos Dr,to be constructed with up to 340,000 sq.ft.of general office uses.When the County purchased the 1600 Los Gamos Dr,property a few years ago to establish their Sherriff’s Office Emergency Operations Center, they were exempt from the City’s Planned Development zoning standards,since the County is a higher governmental agency and can exempt themselves from a lower government’s regulations. Currently, both properties, even though separately owned, are covered under one City of San Rafael PD District. The current PD only allows for general office uses, in both buildings, but as noted above, the County is exempted from the PD zoning. Therefore, Kaiser has proposed to create a new PD to cover their property and include their proposed use of the site, as well as remove references to 1600 Los Gamos Drive property. PROJECT DESCRIPTION Use: The proposed project includes the conversion of an existing 148,000 sq. ft.office building from general office uses to medical office uses for Kaiser Permanente.Since the current PD zoning does not allow medical office uses, the applicant has requested a PD Rezoning and Master Use Permit Amendment to allow the medical office use of the site.The project also proposes the construction of an up to 476‐space, three level parking structure on the existing surface parking lot located to the west of 1650 Los Gamos Dr.that will primarily serve the Kaiser Permanente employees working at the property.The proposed project also includes the continued use of existing 42 parking spaces located on the adjacent 1600 Los Gamos Dr.property.Kaiser Permanente has legal access to the use of those parking spaces through an easement and is not proposing any changes to the parking spaces.The Final Traffic Impact Analysis included with the application identifies the need for a signalized intersection at Los Gamos Dr.and Lucas Valley Rd.and those improvements to signalize and widen the intersection of Los Gamos Dr./Lucas Valley Rd., are included in the project and will be evaluated through the environmental review process. At full buildout, the proposed medical office building would contain approximately 70 provider offices anticipated to include the following services:Member Services,Health Education,Internal Medicine, Pediatrics,OB/GYN,Endocrinology,Rheumatology,Dermatology,Eye Services,Physical Therapy, Imaging,Pharmacy, and Laboratory. There would be approximately 315 employees working at 1650 Los Gamos Dr.at full buildout. Many of these employees, about 77%, or 245, would be relocated from existing Kaiser Permanente facilities in Marin County. Approximately 70%, or 170, of these relocated Marin employees would be relocated from the Kaiser Permanente Medical Center at 99 Montecillo Rd.in San Rafael.Kaiser has indicated that their goal is to free up space at the main hospital located at 99 Monticello Rd.and relocate outpatient/primary services to the 1650 Los Gamos Dr.site.Specialists and hospital-based providers would be retained at the 99 Monticello Dr.location.The facilities at the hospital are considered small and dated with multiple providers sharing limited space. Relocation of outpatient services will allow modernization of existing hospital offices for current provider needs. REPORT TO PLANNING COMMISSION Page 4 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 The proposed project will not increase the footprint, height or massing of the building. The medical office uses will be contained within the existing building and no substantial exterior changes are proposed to the MOB. The only proposed exterior changes to the existing building at 1650 Los Gamos Dr.are minor improvements to the landscaping and new signage to identify the facility and provide a brand identity. Access, Circulation and Parking There are a total of 455 existing parking spaces allocated to the project site consisting of: •204 spaces surrounding the building at 1650 Los Gamos Dr. •209 spaces on the existing surface parking lot on the west side of Los Gamos Dr. •42 spaces located on the adjacent 1600 Los Gamos Dr.property, but are legally allocated to 1650 Los Gamos Dr.through an easement The overall project site currently provides approximately 3.1 parking spaces to 1,000 sq.ft.of office space (a parking ratio of 3.1:1,000), consistent with the City’s municipal code provisions in place at the time the building was originally constructed. To meet current City parking requirements for medical office uses, Kaiser Permanente is required to provide additional parking, as discussed below. The existing building is served by 455 existing parking spaces. The current City municipal code requires a parking ratio of 4.4:1,000 for medical uses (1 space/225 sq.ft.(gross), which would result in a shortfall of approximately 203 parking spaces once the entire building is converted to medical office. As a result, Kaiser Permanente needs to provide at least 203 additional parking spaces to meet the City’s minimum requirements. In addition, based on its experience, Kaiser Permanente’s preferred parking ratio is 5:1,000 (1 space per 200 sq.ft.) ,or about 285 additional parking spaces, since many of its members are unable to take public transit due to the health issues for which they are visiting the facility. To provide adequate parking for the use of the project at 1650 Los Gamos Drive, the Applicant is proposing to construct a new three-level,476‐space parking structure on the surface parking lot to the west of the existing building. At 476 parking spaces, the new parking structure would provide a net increase of 247 parking spaces, which along with the 246 surface parking spaces that would remain around the building, would result in a total of 722 parking spaces, meeting the Kaiser Permanente standard. Parking Structure The proposed parking structure is a simple reinforced concrete structural design with three levels of parking (ground level and two elevated parking decks), plus dedicated parking stalls on a third level ramp that is set back from the front façade along Los Gamos Dr.. The height of the slab for the third parking level would be approximately 22 feet above grade, with an additional three to four feet of railing above the third level slab. The tallest portion of the parking structure would be at the top of the southern stair/elevator tower and would be approximately 36 feet tall (from finished grade)and is not counted as building height given it is a elevator/stair overrun. The highest point of the top of the upper parking ramp would not exceed the height of the elevator/stair tower. The final heights of the various elements of the parking structure may change slightly through the design review process, but the parking structure will not exceed the maximum height allowed of 36 feet. As proposed, the parking structure would not exceed 476 parking spaces, but at a minimum,would provide enough spaces to meet the City required parking shortfall of 203 parking spaces.The parking structure will have an enclosed elevator and stair element at the southeast corner adjacent to the existing cross walk and vehicular entry. The elevator/stair element will be clad in a material that will provide texture meant to be compatible with the concrete structure. Use of the same cladding at the upper portion of the northeast corner is intended to define the vehicular entry/exit and wraps the stairs at this end to relate to the elevator/stair element at the opposite end.The design shown in this DEIR may change slightly as the project moves through the City’s Design Review Board process, but it is anticipated that changes would be related to the skin of the structure versus the overall massing. The parking structure will be fully REPORT TO PLANNING COMMISSION Page 5 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 sprinklered and outfitted with fire extinguishers/cabinets per current codes and ordinances. Fire access will also be provided by fire lanes on both the north and south side of the parking structure, and from Los Gamos Dr.. The parking structure will have LED lighting throughout and will be fully accessible per ADA requirements. The top level of the proposed parking structure is designed to accommodate a shade structure that could support photovoltaic arrays and serve to partially screen the parking deck. Based on preliminary studies, it is anticipated that the parking structure panels would provide most of the power necessary for the parking structure. Situated along either side of the drive aisles, the shade structures will be approximately 18 ft.wide by 200 ft.long. Panels will be oriented to maximize efficiency while mitigating the potential for glare to adjacent hillside properties. The shade structure would be constructed of light gauge steel framing and will feature a non-reflective coating on top. Transportation Demand Management Program The San Rafael Medical Center operates an existing transportation demand management program (“San Rafael Kaiser Permanente TDM”) to increase the use of alternative modes of transportation by employees. Currently, the San Rafael Kaiser Permanente TDM includes the Kaiser Permanente facilities at: 99 Montecillo Road, 820 Las Gallinas Ave., 111 Smith Ranch Rd., 100 Smith Ranch Rd., 7200 Redwood Blvd., 1033 3rd St., 3900 Lakeville Hwy, and 97 San Marin Dr.The 1650 Los Gamos Dr.MOB would be included into the existing program.The MOB will also provide on‐site bicycle parking, as well as dedicated parking for carpool/vanpools and electric charging stations for electric vehicles, to comply with San Rafael regulatory requirements. Drainage and Grading Excavation will be carried out with the goal of minimizing the impact to the existing trees. The proposed Project site is partly in cut and fill, but mostly cut. The parking structure will have a concrete retaining wall system integrated with the overall structural system. Retaining walls with be primarily on the south, west and north sides. The stormwater retention/planter area on the east side utilizes concrete retainage. Cuts of approximately up to 25 feet in depth may be required for the new construction. Approximately 30,000 cubic yards (CY) of excavation and off-haul is preliminarily estimated to be required for development of the proposed parking structure; all of the excavated materials is anticipated to be hauled offsite to an appropriate disposal site based on the test results of the soil. A 6‐inch public sanitary sewer main,operated and maintained by the Las Gallinas Valley Sanitary District (“LGVSD”),runs in a 10‐foot easement through the site of the proposed parking structure.This pipe will be re‐routed around west and north side of the parking structure footprint. Landscaping and Associated Improvements The parking structure is proposed to be located within the footprint of an existing parking lot to reduce the limits of disturbance. The majority of trees proposed for removal are mature landscaping trees located within the footprint of the existing surface parking lot. Approximately 63 trees are proposed to be removed and 31 new trees would be planted around the perimeter of the parking structure as replacement. The existing and proposed perimeter trees will provide screening of the new parking structure and provide habitat for local species. The design also integrates terraced planter walls that collect and treat stormwater in native planting beds. The terraces help transition the grade change from street level to the parking structure. Entitlements The project includes requests for the following entitlements from the City of San Rafael: 1.An Environmental and Design Review Permit (ED17-001)for the design of the new three-level, plus partial upper ramp,parking structure and other site improvements; 2.A Use Permit (UP17-005)to allow medical office uses, pursuant to Section 14.07.020 of the San Rafael Municipal Code; REPORT TO PLANNING COMMISSION Page 6 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 3.A Planned District (PD) Rezoning (ZC17-001) for PD amendment to separate this site from the current PD District (which includes the County property) and allow medical office uses; 4.A Sign Program (SP17-002)to allow new monuments signage on the existing site and building. Additional approvals may be required from the County of Marin and the California Department of Transportation (Caltrans), as responsible agencies, to allow for any project mitigations identified within their jurisdictional boundaries. Approvals from the Las Gallinas Valley Sanitary District will also be required to relocate the sanitary sewer line. Other responsible agencies and additional approvals may be identified through the environmental review process. DRAFT EIR Initial Study/Notice of Preparation (NOP): An Initial Study was prepared for the project in June 2017. On June 9, 2017, a Notice of Preparation (NOP) was mailed and published for a 30-day public review and comment period, consistent with the CEQA Guidelines. The Initial Study/NOP evaluated the full range of potential environmental impacts of the project. The Initial Study determined that the project will have a “Potentially Significant Impact” on the following topic areas: Air Quality –Impact to air quality of the site and its surroundings due to unknown construction related impacts and temporary and operational impacts related to increases traffic trips to and from the project site.; and Green House Gas Emissions –Impact to greenhouse gas emissions due to unknown construction related impacts and temporary and operational impacts related to increases traffic trips to and from the project site; and Land Use/Planning –Potential impacts to greenhouse gas emissions related issues due to unknown construction and operational impacts which may not be consistent with adopted San Rafael plans and policies; and Noise –Impact to noise related issues due to unknown construction related impacts and temporary and operational impacts related to increases traffic trips to and from the project site; and Traffic and Transportation –Impact to Traffic and circulation networks due to the proposed project and increase in 473 peak hour trips in and out of the project site. On June 27, 2017, the Commission held a scoping meeting during the 30-day comment period to hear public comment on the Initial Study.There are no written minutes from Planning Commission meetings, but actual video from the proceedings can be viewed here.At the hearing,members of the Commission, and the public,requested more information on the following topics: Increased traffic. Visual impacts of a larger proposed parking structure. Construction noise and air quality impacts. Pedestrian and bicycle connections and safety. The Commission ultimately voted 4-0-3 (Motion by Commissioner Robertson/Second by Commissioner Paul) to proceed with the preparation EIR with the additional topic areas identified by the Commission to be included in the DEIR. Commissioner’s Davidson, Loughran and Lubamersky were absent from the meeting.Three of the above topics related to traffic, circulation and air/noise impacts were already identified to be covered in the EIR. Due to the potential construction of a larger parking structure, including REPORT TO PLANNING COMMISSION Page 7 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 the construction of solar panels above the upper level,the Planning Commission recommended that Aesthetics should be added as an environmental topic covered in the EIR. Notice of Completion (NOC) and Publication of DEIR: The DEIR was completed and a NOC was distributed on March 9, 2018, pursuant to Section 15372 of the CEQA Guidelines. A Notice of Availability and public hearing was also mailed to all interested parties, including property owners, businesses and residents, within 500 feet of the site, as well as appropriate neighborhood groups (Mont Marin / San Rafael Park Neighborhood Association and the Federation of San Rafael Neighborhoods). Additionally, notice was posted on the site,at both the existing building and proposed parking structure location,and published in the Marin Independent Journal newspaper on Saturday,March 10, 2018. The DEIR was mailed to the State Clearinghouse (SCH#2017062019) and responsible State agencies at the start of the public review period. The DEIR was also made available for review online at the City of San Rafael website (http://www.cityofsanrafael.org/kaiser-losgamos/,at the San Rafael Public Library, and at San Rafael City Hall Planning Division offices. A limited number of printed copies have also been available for loan, and electronic CD copies of the document have been available for purchase. Pursuant to the CEQA-mandated 45-day public review period from receipt of the NOC, the City will accept written comments on the DEIR until the Commission hearing on April 24, 2018, which extends the public comment period an additional day. Verbal comments will also be accepted at the Commission meeting, although the public is encouraged to submit comments in written format so that they can be accurately and adequately responded to in the Final EIR. Comments should be restricted to the scope and adequacy of the DEIR, and not focus the merits of the project. The Planning Commission will hold a separate, noticed public hearing on the merits of the project at a future date. Draft DEIR Summary and Conclusions: The DEIR determined that the potential impacts related to Land Use and Planning,Aesthetics, and Greenhouse Gas Emissions were less than significant and therefore would not require further mitigation. Impacts related to Air Quality and Noise can be reduced to less that significant levels based on recommended mitigation measures that incorporate best management practices consistent with the City of San Rafael General Plan and Zoning Ordinance. The DEIR concluded that the project would result in potentially significant and unavoidable impacts to Transportation and Circulation.All impacts must be mitigated to the extent feasible. The City would be required to adopt a Statement of Overriding Considerations pursuant to Section 15093(a) of the CEQA Guidelines before approving any project having unavoidable significant effects.In this case,the DEIR identifies mitigation measures that could reduce the project’s impacts to Transportation and Circulation to a less-than-significant level,however,due to the physical location of the proposed intersection improvements (which requires multi-agency coordination, review and approval) the impacts would remain significant and unavoidable, thus requiring adoption of a Statement of Overriding Considerations: Air Quality Air Quality impacts are analyzed in Chapter 4.3 (pages 4.3-1 –4.3-24)of the DEIR.The DEIR determined that the Project would not exceed the temporary or operational period emissions Bay Area Air Quality Management District (BAAQMD)significance thresholds. Construction activities, particularly during site preparation and grading, would temporarily generate fugitive dust in the form of particulate matter:PM10 and PM2.51. Sources of fugitive dust would include disturbed soils at the construction site and trucks carrying uncovered loads of soils. Unless properly controlled, vehicles leaving the site would deposit mud on local streets, which could be an additional source of airborne dust after it dries. The BAAQMD CEQA 1 PM10:Particulate matter less than 10 microns in diameter, about one-seventh the thickness of a human hair.PM2.5:Particulate matter 2.5 microns or less in diameter. REPORT TO PLANNING COMMISSION Page 8 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 Air Quality Guidelines consider these impacts to be less than significant if best management practices are implemented to reduce these emissions. Recommended Mitigation Measures for Air Quality Implementation of Mitigation Measure AIR-1 would implement BAAQMD-recommended best management practices and reduce the impact to less than significant.(page 4.3-17): Mitigation Measure 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 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. Noise Noise impacts are analyzed in Chapter 4.5 (pages 4.5-1 –4.5-34) of the DEIR.Noise impacts were evaluated in the DEIR specific to temporary (construction) and long-term (operational) periods for the medical office building, the new parking structure, and anticipated improvements to the intersection at Lucas Valley Rd.and Los Gamos Dr..The DEIR concluded that permanent noise increases from the project would neither violate the City’s noise ordinance thresholds nor result in substantial permanent noise increases. The DEIR also concluded that operational uses related to the parking structure would be less than significant with no mitigation required. Noise impacts specific to temporary construction activities would however require mitigation.The Noise impacts resulting from temporary construction depend upon the noise generated by various pieces of construction equipment, the timing and duration of noise-generating activities, and the distance between REPORT TO PLANNING COMMISSION Page 9 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 construction noise sources and noise-sensitive areas. Construction noise impacts primarily result when construction activities occur during noise-sensitive times of the day (e.g., early morning, evening, or nighttime hours), the construction occurs in areas immediately adjoining noise-sensitive land uses, or when construction lasts over extended periods of time. Estimated construction levels shown in the DEIR (Tables 4.5-10 and 4.5-11 on page 4.5-31)would exceed the allowable decibel threshold at residential land uses and would exceed ambient noise levels. While the total time duration of construction is unknown at this time, construction activities as a result of the proposed Project can conservatively be considered a significant impact. Recommended Mitigation Measures for Noise Implementation of the following Noise mitigation measure would reduce construction level impacts to a less-than-significant level: Mitigation Measure 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 of San Rafael’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, the Kaiser Permanente shall be required to develop a construction noise control plan, including, but not limited to, the following available controls: 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. Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. Unnecessary idling of internal combustion engines should be strictly prohibited. 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. Utilize "quiet" air compressors and other stationary noise sources where technology exists. 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. Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors. REPORT TO PLANNING COMMISSION Page 10 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 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. 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. 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. The implementation of the reasonable and feasible controls outlined above would reduce construction noise levels emanating from the site by 5 to 10 dBA in order to minimize disruption. With the implementation of these controls, as well as the Municipal Code limits on allowable construction hours, and considering that construction is temporary, the impact would be reduced to a less than significant level. Transportation and Circulation Traffic impacts are analyzed in Chapter 4.6 (pages 4.6-1 –4.6-79) of the DEIR.Kaiser Permanente contracted with Fehr & Peers to prepare the 1650 Los Gamos Dr.Final Traffic Impact Analysis (FTIA)for the proposed Project.Fehr & Peers collected traffic counts at local intersections and evaluated the components of the Project to evaluate the Project trip generation, distribution, and assignment characteristics, allowing for an evaluation of Project impacts on the surrounding roadway network. Fehr & Peers estimated the amount of traffic associated with the Project using a three-step process: 1)Trip Generation –The amount of vehicle traffic entering/existing the Project site was estimated. 2)Trip Distribution –The direction of trips would use to approach and depart the site was projected. 3)Trip Assignment –Trips were then assigned to specific roadway segments and intersection turning movements. Intersection and freeway results were evaluated utilizing Level of Service (LOS). LOS is a qualitative description of operations ranging from LOS A, when the roadway facility has excess capacity and vehicles experience little or no delay, to LOS F, where the volume of vehicles exceeds the capacity, resulting in long queues and excessive delays. Typically, LOS E represents “at-capacity” conditions and LOS F represents “over-capacity” conditions. The operations of critical intersections surrounding the Project site are used as indicators of the adequacy of the vehicular circulation system. Five intersections were selected by City of San Rafael staff as those most likely to be affected by the Project and thus warranting analysis. The Fehr & Peers analysis for the proposed Project focused on the AM and PM peak hour operations at the following intersections (Figure 4.6-1 above): 1.Lucas Valley Rd.and Las Gallinas Ave. 2.Lucas Valley Rd.and Los Gamos Dr. 3.Lucas Valley Rd.and US 101 Southbound Ramps 4.Lucas Valley Rd.and Smith Ranch Rd.and US 101 Northbound Ramps 5.Smith Ranch Rd.and N Redwood Dr.and Redwood Highway REPORT TO PLANNING COMMISSION Page 11 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 Two freeway segments were selected as the most likely to be affected by the Project: US 101 between Miller Creek and Lucas Valley Road and US 101 between Lucas Valley Rd.and Manuel T Freitas Pkwy. Freeway segments were divided into four sections: merge, diverge, weave, and basic: Merge and diverge segments extend 1,500 ft.downstream and upstream, respectively, from the ramp gore (where the freeway mainline and ramp split) Weave segments must have a continuous auxiliary lane connecting the on-ramp and the downstream off-ramp All other freeway segments not covered by the above are considered basic segments Additionally, existing pedestrian, bicycle, and transit facilities within the Project study area were identified and the Project’s impacts to these existing facilities were evaluated. The FTIA includes an evaluation of transportation conditions during a typical weekday AM and PM peak hour, occurring between 7:00 to 9:00 AM and 4:00 to 6:00 PM, when the surrounding transportation network is at its most congested. The DEIR evaluated the Fehr & Peers 1650 Los Gamos FTIA report that analyzed the following scenarios: Existing No Project–Based on recently collected traffic counts (in order to calibrate micro- simulation model). Existing Plus Project–Traffic volumes from existing conditions plus traffic volume estimates for the proposed Project. Baseline No Project–Existing conditions volumes plus traffic estimates for approved, but not yet constructed,developments; background traffic increases due to regional growth expected prior to the proposed Project opening; and approved/funded transportation system improvements expected to be in place when the Project opens. Baseline Plus Project–Traffic volumes from Baseline conditions plus traffic volume estimates for the proposed Project. Cumulative No Project–Traffic estimates for development patterns as proposed in the San Rafael General Plan 2020; background traffic increases due to regional growth expected through year 2020; and approved/funded/proposed transportation system improvements. Cumulative Plus Project–Traffic volumes from San Rafael General Plan 2020 conditions plus traffic volume estimates for the proposed Project Traffic Impacts As a result of the transportation analysis that was completed for the project, off-site roadway improvements were identified as potential mitigation. While not part of the Project,due to their independent utility, the off-site roadway improvements were analyzed as part of the DEIR as required by the California Environmental Quality Act (Pub. Resources Code § 21000 et seq., CEQA). The FTIA identified a potential mitigation measure requiring improvements to the Lucas Valley Rd./Los Gamos Dr.Intersection, including signalizing the intersection, adding dual westbound left turn lanes, reconfiguring the northbound approach, removing existing striped channelized islands, and striping buffered bike lanes in both directions. Recommended Mitigation Measures for Transportation and Circulation The following mitigation measures are recommended as reasonable and feasible, and appropriate for the impacts associated with the proposed Project. These mitigation measures would reduce significant adverse impacts related to increased traffic trips due to the increased development intensity associated with medical office uses as follows: Mitigation Measure TRAFF-1:Signalize Lucas Valley Rd./ Los Gamos Dr..In coordination with the City of San Rafael, the County of Marin Department of Public Works, and Caltrans, REPORT TO PLANNING COMMISSION Page 12 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 Kaiser Permanente shall pay the fair share cost to signalize the Lucas Valley Road / Los Gamos Dr.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 Rd./ Los Gamos Dr.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. Mitigation Measure TRAFF-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 Dr.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 Dr.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 Dr. 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 DEIR Section 4.6.4.2: Transportation Demand Management Considerations and the Fehr & Peers’s 1650 Los Gamos Dr.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. Mitigation Measure TRAFF-3:Improve Intersection Operations at Lucas Valley Rd./Las Gallinas Ave..Improvements at the Lucas Valley Rd./Las Gallinas Ave.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 REPORT TO PLANNING COMMISSION Page 13 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 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. Mitigation Measure TRAFF-4:Signalize and Reconfigure the Lucas Valley Rd./Los Gamos Dr.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 DEIR 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 Rd./ Los Gamos Dr.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. Mitigation Measure TRAFF-5:Implementation of Mitigation Measure MM TRAF-3 would work towards reducing the Project’s impact upon the local circulation network. However, 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 impact. As identified in the DEIR,implementation of the mitigation measures (TRAFF-1, TRAFF-3, TRAFF-4, and TRAFF-5)requires intersection improvements to be fully funded and constructed. Interagency coordination will be required during design, construction and maintenance of physical improvements identified in the DEIR. 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 recommended improvements. Until and unless the MOU and fair-share contributions are finalized, and the design and construction of the REPORT TO PLANNING COMMISSION Page 14 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 intersection is permitted and approved, the Project will result in a significant and unavoidable impact. Therefore, without an action to adopt the Environmentally Superior Alternative, the Commission would need to adopt a Statement of Overriding Considerations prior to approval of the project as proposed. Project Alternatives Chapter 5 of the DEIR (pages 5-1 to 5-20) contains an analysis of the Project Alternatives. CEQA requires that an EIR describe and analyze a range of reasonable alternatives to a project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant environmental impacts of the project. The sponsor submitted a list of project objectives, which are as follows: 1.Provide high quality, affordable health care in new,approximately 150,000 square foot centralized outpatient facility for Kaiser Permanente members and the greater Marin County area by reusing an existing building and surface parking lot area in a practical and cost- effective manner. 2.Immediately supplement and support existing Kaiser Permanente medical offices and support services in the North Bay region in one consolidated location, allowing for the ability to: i.right-size spaces to decompress existing services and providers, ii.modernize clinical areas of the existing Kaiser Permanente San Rafael Medical Center, and iii.provide enhanced medical services for local residents at a conveniently located facility. 3.Facilitate the logical, orderly development of an infill site in order to achieve a beneficial set of end uses at a site with good freeway access and proximity to public transportation. 4.Positively contribute to the local economy through new capital investment. 5.Design the new MOB in a manner so as to meet the evolving and varied health care demands of Kaiser Permanente members and the residents of San Rafael within the framework of Kaiser Permanente resources and changing health care industry practices. 6.Provide an environment that is easy to negotiate and access for pedestrians, bicyclists, and vehicles, including persons with disabilities. Create pedestrian circulation that is clear and safe. 7.Implement a MOB and parking structure that are aesthetically compatible with surrounding development and do not unduly impact existing views. The following discussion summarizes the key aspects of the four alternatives focusing on whether the alternatives lessen the severity of the project's environmental impacts and would meet key project objectives: No Project/No Medical Office Uses:Assumes there will be no new Kaiser Permanente MOB at 1650 Los Gamos Dr.and the existing commercial building would remain used for office uses, with no addition of medical office uses. The general office and parking lot uses would continue, and no new development would occur on the Project site. Kaiser Permanente would continue to use its main medical campus at 99 Montecillo Rd.for medical office uses and would have limited ability for modernization of existing spaces. REPORT TO PLANNING COMMISSION Page 15 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 With regard to the No Project / No Medical Office Uses Alternative, it can be assumed that without development of the proposed Project, redevelopment of the Project site would 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 proposed Project. Until new space could be identified, Kaiser Permanente’s existing clinics and medical facilities in the North Bay region would not be supplemented or supported as a result of this alternative, and therefore would continue to experience the same operational loads and space challenges with regard to future modernization. Although Kaiser Permanente may realize short-term cost savings specific to Project development costs, the inability to develop a new, centralized MOB could affect its long-term operational activities throughout Marin County. Reduced Medical Office Use:Assumes Kaiser Permanente reduces the amount of proposed medical office uses in the existing 1650 Los Gamos Dr.office building. The reduced Project alternative assumes a total square foot program of the office building such that the proposed Project’s overall peak hour traffic trips and parking structure needs do not require mitigation to reduce potentially significant impacts. It can be assumed that a reduced medical office use in the Reduced Medical Office Alternative would limit the overall ability of Kaiser to maximize a centralized MOB with modernized facilities. As the overall medical use would be reduced by approximately 30%, Kaiser would be tasked with finding alternative locations or suspend the relocation of additional services. This may also create a need for additional service and maintenance staff, as well as create additional internal processes for patient and staffing coordination. Furthermore, Kaiser would be a landlord to general office uses which could require additional staffing and/or security needs required for managing tenants on-site. However, the ultimate net benefit/burden is unknown regarding how these physical and programmatic requirements would impact Kaiser’s overall operational activities. Alternate Parking Structure Location:Assumes Kaiser Permanente would construct the parking structure on the Project site’s eastern parcel,in the area currently utilized for surface parking to the north and northeast of the existing office building. In order to achieve the City’s Municipal Code minimum parking requirement for medical office use, the alternate parking structure design would be taller than the three-level structure included in the proposed Project. The Alternate Parking Structure Location alternative would require construction of a smaller footprint but taller parking structure. However, construction on the eastern surface lot would require less excavation, grading, and tree removal/protection. The addition of a fourth or potentially fifth deck to the parking structure would add costs as well as architectural treatments required to minimize the visual impact of the taller structure in a more prominent location. Traffic improvements to reduce potentially significant impacts would still be required, therefore, the Alternate Parking Structure Location alternative could potentially be costlier than the proposed Project while not reducing any of the potential environmental impacts. Applicant-Implemented Traffic Improvements:Assumes Kaiser Permanente voluntarily constructs an intersection improvement at Los Gamos Dr.and Lucas Valley Rd.and other related traffic or vehicular circulation improvements as part of the proposed Project. As a result, there would be no required mitigation measure to reduce impact significance related to AM and PM peak hour trips at Los Gamos Dr.and Lucas Valley Rd.intersection. However, permitting and construction of the intersection would still require multi-agency coordination and entitlement review and approval. REPORT TO PLANNING COMMISSION Page 16 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 The Applicant-Implemented Traffic Improvements Alternative provides more efficient and improved intersection operations. In addition to principally addressing Objective #6 above, the alternative would meet all of Kaiser Permanente’s main project objectives. Furthermore, this alternative reduces the Project’s environmental impacts without requiring mitigation to reduce potential impacts specific to traffic impacts. Although the alternative generally meets the Project objectives and furthers community support of improved highway access and circulation, it would require Kaiser Permanente to incur significant up-front costs to fund the improvements. The up-front expenditures could potentially impact Kaiser Permanente’s operating budget and could potentially impact its ability to provide affordable health care to the members and the communities it serves (in conflict with Project Objective #1). However, Kaiser Permanente’s Marin membership base and local community members would benefit from the improvements. Environmentally Superior Alternative CEQA requires that an Environmentally Superior Alternative be identified; that is, determining which of the alternatives analyzed by the DEIR would result in the fewest or least significant environmental impacts The DEIR concludes that the Environmentally Superior Alternative is the Applicant-Implemented Traffic Improvements Alternative: 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 Rd.and Los Gamos Dr.intersection. Environmental impacts associated with other potential areas of concern, including air quality and greenhouse gas emissions, can be mitigated to less than significant levels in this alternative. The Applicant-Implemented Traffic Improvements Alternative would achieve (and enhance) all of the main objectives of the proposed Project but would require increased investment and expenditure by the Kaiser Permanente. However, Impact TRAF-3 would remain significant and unavoidable for reasons discussed in DEIR Chapter 4.6 Transportation and Circulation due to the fact that the mitigation measures identified are not proposed to be implemented by Marin County in the near future. Regardless, this alternative, because it would significantly reduce potential impacts to the local circulation network, especially impacts to the Los Gamos Dr./ Lucas Valley Rd.intersection, is considered the environmentally superior alternative. The Planning Commission should, in their review of the DEIR, consider which, if any, alternative would be preferable to the project as proposed or which combination of alternatives and the project would best achieve the goal of reducing the identified significant adverse impacts to historic resources. Public Benefits and Statement of Overriding Considerations Given that the DEIR concludes that the project would result in significant, unavoidable impacts to Transportation and Circulation, in order to approve the project, the Commission would have to adopt a Statement of Overriding Considerations if choosing to approve this project. This is not a topic for this meeting, but would be a finding that the Commission would have to make if they elect to approve the project when it returns for final action at a future date (project merits and Final EIR). The purpose of the DEIR is not to pass judgement or approve a project, but it is to be accompanied with the review of project merits and provide adequate information for decision makers and the public to understand potential impacts of a project and for City decision makers to make informed decisions. If a project has significant, unavoidable impacts, a City may still approve a project, but as part of the approval, the City would have to make a finding of Overriding considerations.A Statement of Overriding Considerations reflects the ultimate balancing of competing public objectives (including environmental, legal, technical, social, and economic factors). Adopting a Statement of Overriding Considerations would REPORT TO PLANNING COMMISSION Page 17 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 mean that the Commission finds that on balance, the benefits of the project outweigh the significant unavoidable environmental impact(s). In this case, the identified mitigation measures for upgrading local intersections would reduce potential impacts to less than significant levels. However,the permitting and review process required for approval of the intersection improvements will be contingent on a coordinated effort with the City of San Rafael, the County of Marin, Caltrans and Kaiser Permanente. As such, a memorandum of understanding, including a fair-share agreement will be required to document each agency’s contribution to the construction, management, and maintenance of the intersection improvements. As discussed in the DEIR, the Applicant-Implemented Traffic Improvements Alternative also includes voluntary construction of additional public benefits including improving local sidewalks and pedestrian pathways adjacent to the Project site. Staff will address the overall public benefit of the Project as part of the review of project merits to be presented to the Planning Commission at a later meeting. In this particular case, given that the project includes a request for Rezoning, the ultimate decision on this project will be that of the City Council, at a future public hearing, following Planning Commission review and recommendation, on the project merits, certification of the FEIR,and recommendation on the overriding considerations CONCLUSIONS/NEXT STEPS The DEIR has been prepared in accordance with the EIR preparation provisions of the CEQA Guidelines and the City’s Environmental Assessment Procedures Manual.The purpose of the DEIR is to identify a project, it’s potential impacts on various facets of the environment and identify any mitigation measures that are required to minimize shoe impacts. The scope of the Commission’s review is to evaluate, based on their review of the DEIR and public comment, whether the DEIR adequately assesses all potential impacts and evaluates a range of alternatives.It is recommended that the Planning Commission accept public comments on the document and direct staff to prepare a Final EIR. Following the DERI hearing, a written response to all comments will be prepared, which will be published in a second volume entitled, “Final EIR/Response to Comments”. Once the FEIR is completed, a follow- up review by the Planning Commission will be scheduled, concurrent with a review of the project merits and the Planning entitlements. It is anticipated that this FEIR review/project merits hearing by the Planning Commission will occur in Summer 2018.Following the Planning Commission’s review and recommendation of the FEIR and the project merits, the City Council will hold a public hearing(s) and take final action on the project. CORRESPONDENCE All correspondence received on the DEIR, in response to the NOC, is attached as Exhibit 4. At the time of the printing of the staff report, only one comment letter specific to the DEIR has been received, from the State of California Department of Transportation (Caltrans). Caltrans mission objectives aim to modernize the agency’s approach to evaluating and mitigating impacts to the State Transportation Network (STN) and reducing Vehicle Miles Travelled (VTM) by tripling bicycle and doubling pedestrian and transit travel by 2020. Caltrans comments can be summarized as follows: The project should be conditioned to include and operations and maintenance (O&M) plan for the parking structure to help determine the effectiveness of TDM measures. Provide a clear understanding of freeway traffic volume data at nearby on/off ramps, including understanding conditions for northbound and southbound queue spill-backs onto the freeway. REPORT TO PLANNING COMMISSION Page 18 Case No:UP17-005; ZC17-001; SP17-002; NM17-001; IS17-001; ED17-001 The project should be conditioned to implement additional multimodal planning efforts, including: o Construct a Class II bike lane on Lucas Valley Road o Widen the existing narrow sidewalks on the eastern portion of the project site from Lucas Valley Road/US 101 on-ramp to the project parking lot o Explore options for improving transit access o Ensure sidewalks is maintained north of the site between Los Gamos Drive and US 101 southbound on-ramp. The project should be conditioned to contribute fair-share traffic impact fees and should be presented in a Mitigation Monitoring and Reporting Plan as part of the FEIR. The City of San Rafael should fully state the project’s fair-share contribution, financing, scheduling, and implementation responsibilities in the EIR. The applicant will be required to obtain an encroachment permit for any work with in the Caltrans ROW. Any additional comments received after the printing and distribution of the staff report will be forwarded to the Commission under separate cover. OPTIONS The Planning Commission has the following options: 1.Direct staff, by motion, to respond to comments on the DEIR and prepare the FEIR (staff recommendation); 2.Extend the public review period and continue the hearing; or 3.Direct staff to prepare a revised DEIR and re-circulate for public review. EXHIBITS 1.Vicinity/Location Map 2.Reduced Project Plans 3.Notice of Preparation 4.Notice of Completion 5.Public Comments on DEIR Project Plans (11” x 17” color plan sets distributed to the Planning Commission only) Hard copy and CD of DEIR (previously distributed to the Planning Commission on March 9, 2018) Copies of the DEIR and Appendices,and project plans can be found at www.cityofsanrafael.org/kaiser- Losgamos 4/19/2018 1650 Los Gamos Drive http://gis.city.local/sanrafael/fusion/widgets/Print/printpage_ms.php?mapfile=C%3A%2FOSGeo4W%2Ftmp%2Fsess_5ad8e3a588744%2FSanRafael.map&mapname=SanRafael&centerxy=5973120.355942+2200672. Legend Marin Cities Marin Cities Bay Waters Bay Waters Parcels Parcels Other Easements EASEMENTS MMWD Easements EASEMENTS Boat Docks Boat Docks ROW ROW OneWayArrows One Way Arrows Street Centerline Street Centerline Street Names Street Names Label SITUS San Rafael Sphere of Influence San Rafael Sphere of Influence San Rafael City Limit City Limit Line While we strive to produce maps with good accuracy and with current accompanying data, the accuracy of the information herein cannot be guaranteed. This map was prepared using programetric computer aided drafting techniques, and it does not represent legal boundary survey data. 1650 Los Gamos Drive AS MA SECTION NORTH-SOUTH SECTION EAST - WEST AS MA AS MA AS MA 1400 FIFTH AVENUE ·PO BOX 151560 ·SAN RAFAEL,CA 94915-1560 WWW.CITYOFSANRAFAEL.ORG NOTICE OF PREPARATION Date of Mailing:June 9, 2017 TO:Office of Planning and Research State Clearinghouse 1400 Tenth Street, Room 212 Sacramento, CA 95814 FROM:Sean Kennings, Contract Planner LAK Associates, LLC City of San Rafael Community Development Department Attn:Sean Kennings, Contract Planner 1400 Fifth Ave San Rafael, CA 94901 Responsible and Trustee Agencies, Utility Providers, Organizations, Neighboring Property Owners, Neighboring Occupants,and Interested Parties SUBJECT:NOTICE OF PREPARATION (NOP)OF AN ENVIRONMENTAL IMPACT REPORT (EIR) The City of San Rafael will be the lead agency and will prepare an environmental impact report (EIR) for a project that proposes: a) the conversion of an existing office building to medical office uses,and b)a new three-level parking garage at 1650 Los Gamos Drive at the intersection of Los Gamos and Lucas Valley Road in San Rafael, CA. This Notice of Preparation (NOP)is sent pursuant to Section 15082 of the California Environmental Quality Act (CEQA) Guidelines to announce the initiation of the EIR process and to solicit comments from responsible and trustee agencies, utility providers, organizations, neighboring property owners, and interested parties concerning the scope of issues to be addressed in the EIR. Refer to the Probable Environmental Effects listed below to determine whether your concerns have already been identified. Please focus your comments on the project's potential environmental impacts and recommendations for methods to avoid, reduce or otherwise mitigate those impacts. If you are a governmental agency with discretionary authority over initial or subsequent aspects of this project, describe that authority and provide comments regarding potential environmental effects that are germane to your agency's area of responsibility. Project Name: Kaiser Permanente 1650 Los Gamos Drive Medical Office Building Location: 1650 Los Gamos Drive, San Rafael, Marin County, California, APNs: 165-220-12 and 165-220-13. Property Description: The subject property is approximately 11.1 acres in size located in north San Rafael. The subject property consists of two separate parcels bisected by Los Gamos Drive. APN 165-220-13 is an 189,907 square foot parcel previously developed with an existing 146,832 square foot office building and associated surface parking on. Across Los Gamos to the west is APN 165-220-12, a 286,428 square foot parcel developed with an approximately 80,000 square foot terraced surface parking lot and landscaping. The remainder of this parcel is characterized by oak woodland. Project Description: Kaiser Permanente is proposing a project with three components (collectively defined as “the proposed project”): •Amendment to the current Planned Development (PD)zoning to add medical office use as an allowable use in the PD and allow the existing 148,000‐gross square foot office building, located at 1650 Los Gamos Drive in San Rafael, it to be utilized as a medical office building (MOB). •The construction of an up‐to 511‐space parking structure on the existing surface parking lot located to the west of 1650 Los Gamos Drive that will primarily serve the Kaiser Permanente employees working at the MOB (parking structure). •Continued use of the 42 existing parking spaces located adjacent to 1650 Los Gamos Drive, on the 1600 Los Gamos Drive property. Kaiser Permanente has legal access to the use of those parking spaces through an easement and is not proposing any changes to the parking spaces. Both 1650 and 1600 Los Gamos Drive were originally developed pursuant to a single PD District, which permits 1650 Los Gamos Drive to be constructed with up to 150,000 square feet of office uses and 1600 Los Gamos Drive to be constructed with up to 340,000 square feet of office uses. To provide adequate parking for the use of the MOB at 1650 Los Gamos Drive, Kaiser Permanente is proposing to construct a new up-to 511‐space parking structure on the site of the existing surface parking lot to the west of the existing building. Discretionary approvals or permits needed to construct and operate the Project will include: 1) an amendment to the existing PD District for the site to (i) allow medical office uses at 1650 Los Gamos Drive in addition to existing office uses, and to (ii) separate the PD District from 1600 Los Gamos Drive, except for the surface parking area covered by an easement; 2) a Master Use Permit Amendment; 3) a Major Design Review Permit; and 4) a Sign Program. Additional approvals may be required from the County of Marin and the California Department of Transportation (Caltrans), as responsible agencies,to allow for any project mitigations identified within their jurisdictional boundaries. Approvals from the Las Gallinas Valley Sanitary District (LGVSD) will also be required to relocate the sanitary sewer line. Other responsible agencies and additional approvals may be identified through the environmental review process. Environmental Issues: The proposed project would result in significant adverse impacts upon traffic and circulation due to the proposed requirement of a major intersection improvement.In addition, because traffic impacts are unknown, the proposed project could also result in significant adverse impacts upon Air Quality, Greenhouse Gas Emissions, Land Use and Planning,Noise, and Traffic and Transportation. These project impacts are unknown at this time and therefore cannot be mitigated to a less-than-significant level. An Environmental Impact Report (EIR) shall be prepared. Initial Study:An Initial Study has been prepared on the project, which identified “Potentially Significant Impacts” listed above.Bound copies of the project’s Initial Study are available to review, during operating hours, at the City of San Rafael Public Library (1100 E Street) and the City of San Rafael Community Development Department (1400 Fifth Avenue, 3rd Fl.).In addition, an electronic copy is available on the City’s web site at https://www.cityofsanrafael.org/kaiser-losgamos/.CD-format copies of the Initial Study are also available to purchase at the Community Development Department. Scoping:The City invites written comments on the scope of the EIR and alternatives that should be considered. Due to the time limits mandated by state law, your response must be sent or hand-delivered at the earliest possible date,but no later than 30 days from the date of this notice.Written comments should be mailed/hand-delivered to the mailing address/physical location noted above by 5 p.m. on Monday, July 10, 2017.Comments may also be sent by email to sean@lakassociates.com with the heading “1650 Los Gamos: Kaiser Medical Office Building” in the subject line. The City will also hold a public scoping meeting before the City of San Rafael Planning Commission to receive oral comments on Tuesday, June 27, 2017, at 7:00 p.m.in the San Rafael City Council Chambers, 1400 Fifth Avenue, San Rafael, CA. Comments should focus on identifying specific environmental impacts to be evaluated during the EIR process and suggesting project modifications or alternatives that would be less environmentally damaging while achieving similar project objectives. Scoping comments should focus on issues and alternatives to be studied, not on expressing a preference for a particular alternative. For More Information:For additional information on the project or if you wish to be placed on a mailing list to receive further information as the project progresses, please contact Sean Kennings, Contract Planner,at (415)533-2111,sean@lakassociates.com or the mailing address above. Date:June 9, 2017 Signature: Name/Title:Paul Jensen,Community Development Director Reference:California Code of Regulations, Title 14, (State CEQA Guidelines) Sections 15082(A), 15103, 15375 Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3085 (voice) or (415) 485-3198 (TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para-transit is available by calling Whistlestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products.