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HomeMy WebLinkAboutPlanning Commission 2018-08-28 Agenda Packet AGENDA SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY, August 28, 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 requ ested to refrain from wearing scented products. Any records relating to an agenda item, received by a majority or more of the 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 INTERPRETED 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 July 10, 2018 PUBLIC HEARINGS 2. 1650 Los Gamos Drive (Kaiser Medical Offices)– Request for Planned Development (PD) Rezoning, Environmental and Design Review Permit , Master Use Permit and Sign Program amendment for the conversion of an existing three-story office building to medical office uses and the construction of a new 37- foot tall, 3-level, 433- stall parking structure on the western parcel at 1650 Los Gamos Drive in North San Rafael; APN: 011-256-12, 011-256-13; PD 1590 District; Kaiser Foundation Health Plan, owner/applicant; File No(s).: ZC17-001, ED17-011, UP17-005, SP17-002, NM17-001, IS17-001. The PD Rezoning also requires amending the current PD (PD 1590) to remove language specific to the 1650 Los Gamos Drive property for APN: 011-256-10, 011-256-11. Following the Planning Commission’s review and recommendation, the application will be considered by the City Council for final action at a future public hearing. Project Planner: Sean Kennings DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT I. Next Meeting: September 11, 2018 II. I, Anne Derrick, hereby certify that on Friday, August 17, 2018, I posted a notice of the August 28, 2018 Planning Commission meeting on the City of San Rafael Agenda Board. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, July 10, 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: Jack Robertson Barrett Schaefer Berenice Davidson Aldo Mercado Jeff Schoppert Sarah Loughran Absent: Mark Lubamersky Also Present: Raffi Boloyan, Planning Manager Steve Stafford, Senior 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 April 24, 2018 Barrett Schaefer moved and Jeff Schoppert seconded to approve Minutes as presented. The vote is as follows: AYES: Jack Robertson, Barrett Schaefer, Berenice Davidson, Jeff Schoppert, Sarah Loughran NOES: None ABSTAIN: Aldo Mercado ABSENT: Mark Lubamersky PUBLIC HEARINGS 2. 800 Mission Ave. (Formerly, 1203-1211 Lincoln Ave.) – Request for an Environmental and Design Review Permit and Use Permit to allow the construction of a four-story, 88-bed assisted living facility with understory garage parking and site improvements on a vacant 29,885 sq. ft. Downtown parcel; APNS: 011-184-08 & -09; Multifamily Residential – High Density (HR1) District; ML Seven Capital Partners, LLC, owner; Geoff Forner, applicant; File No(s).: ED17-090 and UP17-030. Project Planner: Steve Stafford Staff report and Exhibits 1 - 3 Exhibits 4 - 7 Exhibits 8-10 Berenice Davidson moved and Barrett Schaefer seconded to approve project subject to the following additional conditions: 1) Accept the property owner’s voluntary offer to increase the affordable housing in-lieu fee payment, from $318,095.36 to $500,000; 2) Require the applicant submit a Transportation Demand Management Plan (TDMP), as prepared by a licensed traffic engineer, identifying strategies and recommendations for reducing employee/staff vehicle trips and minimizing parking and traffic impacts; and 3) Reserve the right to require additional traffic measures, such as pavement markings and signs, both on-site and off-site, to improve vehicle circulation AYES: Barrett Schaefer, Berenice Davidson, Aldo Mercado, Sarah Loughran NOES: Jack Robertson, Jeff Schoppert ABSTAIN: None ABSENT: Mark Lubamersky 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: August 28, 2018 Agenda Item: Case Numbers: UP17-005/ZC17-001/ SP17-002/ED17-011 Project Planner: Sean Kennings (415) 533-2011 REPORT TO PLANNING COMMISSION SUBJECT: 1650 Los Gamos Dr. (Kaiser Permanente Medical Office Building) – Consideration of: 1) Certification of a Final Environmental Impact Report (FEIR) (SCH # 2017062019); and 2) Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, and 3) Planning entitlements, including a Planned District (PD) Rezoning, Use Permit, an Environmental, Design Review Permit, and a Sign Program Amendment, for a project proposing the conversion of an existing office building to medical office uses and construction of new 433-space, three-level, parking structure on the western parcel and off-site transportation infrastructure improvements. Project includes City initiated PD rezoning for 1600 Los Gamos Dr. to remove references to 1650 Los Gamos Dr. Site. APNs: 165-220-10,- 11,-12 & -13; PD (1590) District, Kaiser Permanente, owner and applicant; Case Number(s): UP17-005, ZC17-001, SP17-002, NM17-001, IS17-001, ED17-011 EXECUTIVE SUMMARY The proposed project proposed 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 Pe rmit Amendment to allow the medical office use on the site. The project also proposes the construction of a 433‐space, three level parking structure on the existing surface parking lot located to the west of 1650 Los Gamos 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 project requires a Planned Development (PD) Rezoning to establish new PD standards for this site and remove reference to this site from the current PD, an Environmental and Design Review Permit to evaluate the design of the new parking structure, a Master Use Permit to allow medical office uses in the PD District), and a Sign Program Amendment for Kaiser Permanente signage as part of overall Marin Commons Sign Program. The project's potential environmental impacts have been assessed. A Draft Environmental Impact Report (DEIR) (SCH # 2017062019) was previously prepared and made available for public review on March 8, 2018, for a 45-day public review and comment period, concluding on April 24, 2018 at the Planning Commission meeting. The City received 13 written comments during this review period. Six individuals and six Planning Commissioners provided verbal comments at the Commission hearing. Many of these comments were focused on the merits of the project, though some comments focused on the scope and adequacy of the DEIR. Many of the comments provided were duplicative. Some individuals provided both written and oral comments. In addition to reviewing the merits of the project, the Planning Commission will be asked to certify the Final Environmental Impact Report/Response to Comments (FEIR), adopt a Statement of Overriding Considerations for the significant, unavoidable impact to transportation/circulation and approve a Mitigation Monitoring and Reporting Plan (MMRP). Draft resolutions to certify the FEIR, adopt a Statement of Overriding Considerations and approve a MMRP are attached as Exhibits 2a and 2b. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 2 The FEIR concludes that the project will result in a “Potentially Significant Impact” on Transportation and Circulation. Recommended mitigation measures are proposed to reduce Transportation and Circulation impacts to a less-than-significant level. However, the impacts to the Los Gamos Dr. / Lucas Valley Rd. and Las Gallinas Ave./ Lucas Valley Rd. intersections requires outside agencies, the County of Marin, and CalTrans to review and approve the identified improvements. As such, the City of San Rafael cannot administer the entitlement process needed to implement the improvements and requires the adoption of a Statement of Overriding Considerations, if the Commission elects to approve the project. Adopting a Statement of Overriding Considerations would mean that the Commission finds that, on balance, the public benefits of the project outweigh the significant unavoidable environmental impacts. The project sponsor is proposing a variety of public benefits (Exhibit 5) to offset the significant and unavoidable impact related to implementation of mitigation measures for intersection improvements. These public benefits are presented as, generally, the project itself, implementation of City Goals and Policies, redevelopment of an existing infill site, significant community benefits and traffic/infrastructure investments in the form of intersection and circulation improvements, increased economic impacts to the City of San Rafael, enhanced public safety and public health, implementation of sustainable development strategies, and greenhouse gas emissions reduction and congestion relief. Also, the public benefits proposed by the project sponsor includes voluntarily constructing and funding the identified intersection improvement at Los Gamos Dr. and Lucas Valley Rd. and repaving portions of Lucas Valley Rd, including associated pedestrian/bicycle improvements, beyond the extent of the Los Gamos Dr. / Lucas Valley Rd. intersection. The public benefits proposed by the project sponsor also serve to further support the environmentally superior alternative identified in the DEIR. The Applicant-Implemented Traffic Improvements Alternative is consistent with the public benefits presented by the applicant. This alternative, in addition to implanting the City General Plan Policy C-6, removes the potential hurdle of relying on other agencies to implement the mitigation measures and conditions required to approve the project by the City. The project design was reviewed by the Design Review Board (DRB) on three occasions (once as a conceptual design and twice as a formal application) and ultimately received a unanimous recommendation for approval with suggested minor modifications. As discussed in this report, staff concludes that the project, as proposed and as conditioned, is consistent with the San Rafael General Plan 2020 and all applicable zoning development standards as revised, and complies with all applicable review criteria and guidelines. The project would, generally, further long-term goals of the City by promoting the continued employment of over 300 local workers, redevelopment of an infill property, and feature a modern, centralized, fully sustainable, office facility in a transit-oriented location with nearby freeway access. Draft resolutions have been prepared (see attached Exhibits 2a-e) outlining findings that support a recommendation for project approval. Following Planning Commission review and action, the Commission’s recommendations will be forwarded to the City Council for the Council’s final action. RECOMMENDATION It is recommended that the Planning Commission take the following actions: 1. Open the Public Hearing and accept public testimony on the project; 2. Close the Public Hearing and review and discuss the Final Environmental Impact Report (FEIR), including the significant impacts and whether a Statement of Overriding Considerations should be granted, and the merits of the PD rezoning and planning applications; and 3. Adopt the following Draft Resolutions recommending to the City Council: a. Certification of the FEIR b. Adoption of CEQA Findings, a Statement of Overriding Considerations, and approval of a Mitigation Monitoring and Reporting Program (MMRP) REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 3 c. Adoption of a PD Rezoning to establish a new separate PD District on this site with appropriate land use regulations d. Adoption of a PD Rezoning to change PD 1590 District to remove the subject property from the land use allowances e. Conditional approval of an Environmental and Design Review Permit, Master Use Permit and Sign Program Amendment for the project PROPERTY FACTS Address/Location: 1650 Los Gamos Dr. Parcel Number(s): 165-220-12, 165-220-13 Property Size: 483,516 sf (Combined) Neighborhood: North San Rafael Commercial Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: O (Office) PD 1590 Existing three-story office building and surface parking lots North: N/A N/A County undeveloped South: O PD 1590 Commercial/office, County EOC/Sheriff Dept East: N/A N/A US Highway 101 West: LDR (Low Den Residential /OS (Open Space) R 7.5, P/OS Single-family residential /open space Site Description/Setting: The main site is currently developed with a three-story commercial office building, surface parking lots and associated landscaping including mature trees. There is also a developed parking lot on the parcel across Los Gamos Dr. containing 209 parking spaces and associated landscaping. The site consists of two parcels, approximately 11.1-acres, and is bordered by Lucas Valley Rd. to the northeast and US Highway 101 to the east. Los Gamos Dr. bisects the subject property into two separate parcels, the 4.09-acre eastern parcel, which contains the existing three-story 150,000 +/- square foot office building and associated surface parking, and the 7.02-acre western parcel, which includes the existing terraced surface parking lot and the remaining undeveloped woodland hillside areas. Immediately adjacent and east of the project site is US Highway 101, a major eight lane north/south freeway. To the east of US 101 is the North San Rafael Commercial District which is characterized with low one and two-story office, commercial and light industrial buildings. To the north of the project site is Lucas Valley Rd., a major east-west arterial Rd. connecting central Marin County with west Marin County. To the north of Lucas Valley Rd. is the undeveloped open space of the Oakview Master Plan property located in the County of Marin. West, and uphill, of the parking structure project site is an undeveloped open area buffer zone. Further west are single family residences along Salvador Way in the Mont Marin San Rafael Park neighborhood. South of the project site is the 1600 Los Gamos Dr. office building and associated surface parking. Further south on Los Gamos Dr. is the Marin YMCA. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 4 The parking structure site slopes from the west to the east with a high elevation of approximately 52’ NAVD 88 and a low point of 36’ NAVD 88. BACKGROUND Development History: In 1972, the Lucas Green Phase I development was approved for construction of a computer center building at 1600 Los Gamos Dr. for Fireman’s Fund. In 1979, the project site was rezoned PD 1350 to allow for a general office building and computer center to be constructed on the subject site (1650 Los Gamos Dr.). In addition, the new PD required a Transportation Supply Management (TSM Plan for both buildings. In 1990, PD 1350 was rezoned to PD 1590 to incorporate the TSM as previously required. Since that time, both properties, 1600 and 1650 Los Gamos Dr have been part of one PD District and commonly owned In 2012 (approx.), the County of Marin purchased 1600 Los Gamos Dr office building and parking lot site across Los Gamos Dr Marin and converted the site into an Emergency Office Center, Sherriff’s office and other county related office uses. There are still a few non-county tenants that lease general office space within the building. In the summer of 2015, Kaiser Permanente purchased 1650 Los Gamos Dr. for use as a new Medical Office Building (MOB). This was done in order to better serve the needs of members, as well as to make the existing medical center at 99 Monticello Rd less crowded The 1650 building has remained mostly vacant since Kaiser’s purchase, as City entitlement were needed prior to conversion to their medical office use Project Review: The project was reviewed by the DRB as a conceptual item in September 6, 2017. The formal project design was reviewed by the DRB on two occasions, May 22, 2018 and then July 17, 2018. On July 17, 2018, the DRB unanimously recommended approval of the proposed site and building design for the project, and suggested the applicant consider some changes to add additional screening to the front of the parking struvture. In addition, the environmental impacts of the project have been reviewed by the Planning Commission (Commission) on two (2) separate occasions. On June 27, 2017, a Notice of Preparation was issued, and a scoping session was held on the environmental issues to be addressed in the Draft Environmental Impact Report (DEIR) for the project. On April 24, 2018, the Commission held a public hearing at the end of the 45-day public review period to accept comments on the DEIR. PROJECT DESCRIPTION Site Plan: 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 a 433‐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. 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, REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 5 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., 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. Architecture: The existing general office building will not require external modification except to include Kaiser Permanent branded signage. Interior modification would be required to outfit existing floorplates with medical offices as required by the Kaiser program. Access, Circulation and Parking There is 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 per 1,000 gross sq. ft. of office space (a parking ratio of 3.1: 1,000 gsf), 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 gsf for medical uses (1 space/225 gross sq. ft.), 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 /200 gross 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 Dr., the applicant is proposing to construct a new three-level, 433‐space parking structure on the surface parking lot to the west of the existing building. At 433 parking spaces, (the new parking structure would provide a net increase of 224 parking spaces) and combined with the 246 parking spaces that would remain around the building, would result in a total of 679 parking spaces, meeting the City’s 4.4:1,000 gsf parking standard and coming in at approximately 4.6:1,000 gsf standard for Kaiser Permanente needs. 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 24 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). The project also includes a solar/shade structure on the upper level, but this will also not exceed the maximum height allowed of 36 feet. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 6 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 mixture of materials, including glass, steel and scarified rock type cement boards 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. Vehicular entry and exits points will have a decorative metal screen fascia to provide appropriate wayfinding and arrival features. The proposed design includes 10 ADA accessible spaces on the ground floor, 43 clean air vehicle spaces, and 29 future EV spaces. Bicycle storage for 24 bicycles is also included on the ground floor. The parking structure will be fully 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 parking structure includes a shade structure that would support photovoltaic arrays and serves to screen the upper level parking deck. It is anticipated that the parking structure panels would provide most of the power necessary for the parking structure and the applicant is coordinating a purchase power agreement with a known vendor. Situated along either side of the Dr. aisles, the shade structures will be approximately 18 feet wide by 200 feet 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 Rd., 820 Las Gallinas, 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. Landscaping: 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 39 new trees would be planted around the perimeter of the parking structure as replacement. Several new water gum (Tristaniopsis laurina) trees are proposed along the Los Gamos Dr. frontage to provide added screening. 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. 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. The project also includes improving the existing mid-block crosswalk by installing pedestrian activated LED crossing signage on both sides of Los Gamos Dr. The applicant is also considering in-ground LED signage to further enhance visibility. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 7 Grading and Drainage: 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. Signs: The project includes sign details for the existing office building to be used as medical offices. Consistent with the existing Sign Program for the Marin Commons office park, new Kaiser Permanente signage will be located on the northwest façade, and the south façade above the main entrance. The project also proposes one, internally-illuminated doubled-sided site identification sign with 15’-high vertical lettering, located at the main eastern parcel surface parking lot entrance. Several wayfinding sings are proposed at entrances and other pedestrian access points. Planning Entitlements: The project includes requests for the following Planning entitlements: 1. An Environmental and Design Review Permit (ED17-011) for the design of the new three-story 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; 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; As part of the PD Rezoning, the City has initiated a PD rezoning of PD 15900 to remove references to the 1650 Los Gamos Dr site and buildings from the current PD. 4. A Sign Program (SP17-002) to allow new monuments signage on the existing site and building. ANALYSIS General Plan 2020 Consistency: The site is designated as “Office (O)” on the General Plan 2020 Land Use Map. Medical office uses are an allowable use within this Office designation, although medical office is not currently allowed in the existing Planned Development (PD 1590) District. The applicable General Plan policies that should be considered as part of this design are attached as Exhibit 3. Overall, staff recommends that the project and design of the new parking structure appears to comply with all applicable General Plan policies. Based on staff review, the proposed project would be consistent with all applicable General Plan policies in the Land Use, Neighborhoods, Economic Vitality and Circulation Elements. In summary, the primary applicable General Plan policies for this project are: Land Use Element • LU-9 (Intensity of Nonresidential Development) seeks to maintain maximum floor area ratios for commercial and industrial areas to identify appropriate intensities. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 8 • LU-23 (Land use map and categories) Medical office uses are an allowable use in the Office land use designation. Community Design Element • CD-5 (Views) seeks to respect and enhance to the greatest extent possible, views of the Bay and its islands, Bay wetlands, St. Raphael’s church bell tower, Canalfront, marinas, Mt. Tamalpais, Marin Civic Center and hills and ridgelines from public streets, parks and publicly accessible pathways. • CD-10 (Nonresidential Design Guidelines) recognizes preserves and enhances the design elements that contribute to the economic vitality of commercial areas. New nonresidential and mixed-use development should fit with and improve the immediate neighborhood and the community as a whole. • CD-18 (Landscaping) recognizes landscaping as a significant component of all site design. Neighborhood Element • NH-8 (Parking) seeks to maintain well-landscaped parking lots and front setbacks in commercial and institutional properties that are located in or adjacent to residential neighborhoods. Circulation Element • C-5 (Traffic Level of Service Standards) seeks to ensure all new development does not impact the existing circulation network and with the proposed improvements, level of standards would be attained. • C-6 (Traffic improvements) – The project would install a traffic improvement identified by this policy listing traffic improvement to be installed as part of General Plan 2020. • C-12 (Transportation Demand Management) seeks to ensure reduced traffic impacts by requiring Transportation Demand Management (TDM) plans are part of the proposed project. Economic Vitality Element • EV-2 (Seek, retain and promote businesses that enhance San Rafael) – This project would help accommodate the growing healthcare industry and one of the largest employers in San Rafael The General Plan 2020 Analysis table (Exhibit 3) provides detailed response on the project’s consistency with all applicable General Plan policies. Zoning Ordinance Consistency: The site is currently designated as Planned Development (PD 1590) Zoning District. To allow medical office uses in the existing office building, the current PD district will require an amendment. The complexity with the PD for this site is that the PD (PD-1590), covers both this property, as well as the adjacent 1600 Los Gamos Dr property (owned by County of Marin). The two owners did not come to agreement to jointly request amending the PD, therefore Kaiser has proposed to remove it’s property from PD-1590 and create a new PD In general, the proposed project would be consistent with the zoning standards in that it continues the office use on the project site and provides additional parking for medical office uses. The overall 148,250 sq. ft. office building would remain unchanged and is consistent with the 0.30 FAR allowed for the property. The new parking structure will not exceed the currently allowed height limit of 36 feet in this PD. The floor of the top parking deck would be approximately 24-feet above finished grade on the south side of the structure; however, the elevator tower reaches an additional 12-feet above the upper parking deck, but do not count toward height limit. San Rafael Municipal code does not include mechanical equipment, including elevator towers, when calculating maximum height. Landscaping has been proposed including REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 9 replacement trees surrounding the proposed parking structure; the minimum landscaping requirement for the subject property is 10%. Chapter 7 – Planned Development District Since the current PD does not allow for the medical office use, a PD rezoning is requested. The purpose of a PD Zoning is to a) Promote and encourage cluster development on large sites to avoid sensitive areas of property; b) Encourage innovative design on large sites by allowing flexibility in property development standards; c) Encourage the establishment of open areas in land development; d) Encourage the assembly of properties that might otherwise be de veloped in unrelated increments to the detriment of surrounding neighborhoods; e) Establish a procedure for the development of large lots of land in order to reduce or eliminate the rigidity, delays and conflicts that otherwise would result from application of zoning standards and procedures designed primarily for small lots; f) Accommodate various types of large-scale, complex, mixed-use, phased developments; and g) enable affected governmental bodies to receive information and provide an integrated respon se to both the immediate and long-range impacts of such proposed developments. In this case, given the large site and the fact that there were two buildings with parking lots on the other side of a street, the PD was established many years ago as an appropriate zoning to allow for flexibility that standard zoning would not offer. Until recently, the two buildings and parking lots on the other side of Los Gamos Dr were all owned by one entity and managed as a single office complex. About 7 years ago, the County bought 1600 Los Gamos Dr. and the parking lot across the street, while the former owner retained 1650 Los Gamos Dr site. Then, Kaiser purchased 1650 Los Gamos Dr and the parking lot across the street and in effect, were jointly subject to the same Planned Development zoning (PD 1590) Kaiser has proposed to sever their 1650 Los Gamos Dr site from that of 1600 Los Gamos Dr (County site) and create a new PD specifically for the Kaiser project on 1650 Los Gamos. This is an appropriate Rezoning. given that the underlying General Plan designation for the site is Office, and medical office is an allowable use by the General Plan’s Office land use designation Furthermore, since the proposed Kaiser project would separate that property from the current PD (PD 1590), staff is also recommending that a separate City-initiated PD rezoning be included to update PD- 1590 and remove references to the development that is contained on the 1650 Los Gamos Dr site. The proposed new PD regulations for the Kaiser site (Exhibit 2c - Draft PD Ordinance) mirror the standards that would be applicable for the commercial sites, including: 1. A maximum of 150,000 sq. ft. of building area approved for the following uses: general office, medical office, professional office, and administrative office uses. 2. 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. Limited accessory retail sales, including, but not limited to, a pharmacy and café. 4. 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. Future minor changes or modifications to the above enumerated uses shall also be permitted as determined to be appropriate by the Community Development Director. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 10 The City-initiated PD amendment (Exhibit 2d) to update PD-1590 for the 1600 Los Gamos Dr site (County Property) includes strike thru’s for items proposed to be removed as they relate to the 16 50 Los Gamos site (Kaiser site). Staff has consulted with the County on this change and indicated that the only changes that would be proposed by the City are pure “clean up” in nature to remove what would be old references to 1650 Los Gamos from the PD to remove any confusion in the future. One important item to note is that currently, the County is not even subject to the PD-1590 regulations, given that as a higher level of government entity, they are exempt from City zoning rules. However, the PD would remain in effect and if the property is ever sold to a non-governmental entity or uses for non governmental uses, the PD rules would apply. Chapter 16 – Site and Use Regulations The project includes the development of a new parking structure. The proposed design includes c olors and materials and lighting shall designed to avoid creating undue off -site light and glare impacts. The colors, materials and lighting shall comply with the San Rafael Municipal Code standards for lighting and will been conditioned to implement night -sky compliant lighting. Chapter 18 – Parking Standards Given that the property has a PD zoning, the parking requirements for the PD are addressed through the PD zoning. The parking requirements proposed in the PD do in fact mirror the parking requirements that are contained in the standard zoning ordinance, which is 1 space/225 sq. ft. (4.44 space/1,000) for medical office uses and 1 space/250 sq. ft. (4spaces/1,000) for general office uses Chapter 22 – Use Permits As discussed earlier in staff’s report, the project will require Use Permit approval to allow: 1) Medical Office uses in a Office (O) zoning district. The PD zoning would establish the high land use and development standards required for the property, which the specifics of uses, what level of review is required would be addressed in a Master Use Permit. The Master Use Permit is included in the conditions of approval of Use Permit (Exhibit 2e) and provides more details on specific uses that are allowed and other use standards, including: • Uses o Permitted uses include general office, medical office, professional office, medical services, Admin office uses that promote sustainability, and minor food serves o Conditionally permitted uses include urgent care, accessory/incidental uses that are accessory to the main use o Prohibited uses include – hospital, emergency room • Timing of improvements – Requires the intersection improvement and parking structure to be built before full occupancy • Parking requirement – Establishes 1/225 for medical and 1/250 for general office and other ancillary uses as the parking require, consistent with standard zoning ordinance • Hour of Operation – Does not establish any special hours of operation for medical of general office use. Does establish that the top floor of parking structure not be used after 9pm or before 6am • Project Approval – Notes that the City is approving the applicant implemented traffic improvement alternative Chapter 25 – Environmental and Design Review Permit This project would require Environmental and Design Review Permit approval by the Planning Commission (Commission), given that; it proposes to convert an existing office building to medical office uses and construct a new three level parking structure. However, the City Council will have final decision on the project, based on the recommendations of both the Board and the Commission, due to PD Amendment to include medical office uses as an allowed use. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 11 The pertinent review criteria for Environmental and Design Review Permits, pursuant to Section 14.25.050 (Review Criteria; Environmental and Design Review Permits), are as follows: • Site Design. Proposed structures and site development should relate to the existing development in the vicinity. The development should have good vehicular and pedestrian circulation and access. Safe and convenient parking areas should be designed to provide easy access to building entrances. The traffic capacity of adjoining streets must be considered. Major views of the San Pablo Bay, wetlands, bay frontage, the Canal, Mt. Tamalpais and the hills should be preserved and enhanced from public streets and public vantage points. In addition, respect views of St. Raphael’s Church up “A” Street. • Architecture. The project architecture should be harmoniously integrated in relation to the architecture in the vicinity in terms of colors and materials, scale and building design. The design should be sensitive to and compatible with historic and architecturally significant buildings in the vicinity. Design elements and approaches which are encouraged include: a) creation of interest in the building elevation; b) pedestrian-oriented design in appropriate locations; c) energy-efficient design; d) provision of a sense of entry; e) variation in building placement and height; and f) equal attention to design given to all facades in sensitive location. • Materials and colors. Exterior finishes should be consistent with the context of the surrounding area. Color selection shall coordinate with the predominant colors and values of the surrounding landscape and architecture. High-quality building materials are required. Natural materials and colors in the earth tone and wood tone range are generally preferred. Concrete surfaces should be colored, textured, sculptured, and/or patterned to serve design as well as a structural function. • Walls, Fences and Screening. Walls, fences and screening shall be used to screen parking and loading areas, refuse collection areas and mechanical equipment from view. Screening of mechanical equipment shall be designed as an integrated architectural component of the building and the landscape. Utility meters and transformers shall be incorporated into the overall project design. • Landscape Design. Landscaping shall be designed as an integral enhancement of the site and existing tree shall be preserved as much as possible. Water-conserving landscape design shall be required. A landscaped berm around the perimeter of parking areas is encouraged. Smaller scale, seasonal color street trees should be proposed along pedestrian-oriented streets while high- canopy, traffic-tolerant trees should be proposed for primary vehicular circulation streets. The review criteria for Environmental and Design Review Permits require that the proposed design (architecture, form, scale, materials and color, etc.) of all new development ‘relate’ to the predominant design or ‘character-defining’ design elements existing in the vicinity. The DRB reviewed the project and determined that the project design is consistent with the applicable San Rafael Design Guidelines. DESIGN REVIEW BOARD RECOMMENDATION The Design Review Board (DRB) has reviewed this project on three (3) separate meetings; once as a conceptual design (September 6, 2017) and two times as a formal design review (May 22, 2018 and July 17, 2018). During the concept review on September 6, 2017, the Board had several specific comments, including that the proposed parking structure be further setback from Los Gamos Dr and that the design look less like a parking structure, with better screening. The Board also asked for a photometric lighting plan The Board then reviewed the formal submittal on May 22, 2018 (Commissioner Robertson as liaison). The parking structure design had been revised based on those prior comments, including increasing the front REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 12 building setback, providing more landscaping along the frontage, and providing a solar canopy on the top floor. The revised structure was also able to lower the 1st floor finish grade to provide better vehicle access to the garage. A new partial upper ramp was added to the top level to accommodate for the loss of parking as a result of pushing the structure further back from the Rd. A second vehicle entrance/exit was included to address potential traffic and congestion conflicts. The parking structure include d a revised pedestrian ramp from the elevator to the sidewalk and also included improvements to the existing crosswalk at the south elevation for enhanced safety. The Board found that the applicant did not thoroughly address the Board’s comments regarding the ‘open’ design of the structure and did not include a comprehensive photometric study and security plan details for safety and security lighting. Furthermore, the revised design did not step the structure but rather shortened the depth to address setback issues, while adding a partial upper ramp to accommodate the preferred parking spaces. The revised design was not well received at the May 2018 Formal review and the Board unanimously voted (Board member Spielman absent and Alternate Member Blaney as a voting member) to continue the item and recommend that the applicant revise the design and address DRB and neighbor concerns. On July 17, 2018 (Commissioner Schoppert as PC liason), the Board reviewed the revised plans. The revised plans eliminated the partial upper ramp, lowered the southern portion of the structure to provide better pedestrian egress, provided more landscaping and a larger solar canopy coverage on the upper deck, and included more detailed and clear plans. The new design also provided some screening elements, a photometric/lighting plans. In general, the Board found that the revisions adequately addressed their prior comments and unanimously voted to recommend approval (Board member Paul absent and Alternate Member Blaney as a voting member) of the project design with some suggested (not required) revisions that the applicant should consider, including: • The applicant is encouraged to explore adding more perforated screening along the front of the project, along the Los Gamos Dr. frontage. • The applicant is encouraged to find an alternative species of trees for the proposed Water Gum and Donal trees. • The applicant is encouraged to explore incorporating a separate pedestrian exit into the north Dr. way design. • The lighting on the rooftop parking deck should be closer to a 3000K Kelvin color temperature level. Given that DRB meetings are videotaped, there are no written meeting minutes. However, the actual proceedings from all three DRB meetings can be viewed at http://www.cityofsanrafael.org/meetings and then navigating to the archived meetings tab and clicking on the video link for each specific meeting date. ENVIRONMENTAL DETERMINATION Initial Study/Notice of Preparation (NOP): An Initial Study was prepared for the project in June 2017. On June 6, 2017, a Notice of Preparation (NOP) was mailed and published for a 30-day public review and comment period, consistent with the CEQA Guidelines. The Initial Study/NOP evaluated the full range of potential environmental impacts of the project. The Initial Study concluded that: • The effects upon Land Use and Planning, Air Quality, Greenhouse Gas Emissions, Noise, and Transportation and Circulation would be significant and unavoidable, requiring preparation of an Environmental Impact Report (EIR). • The effects on Aesthetics, Cultural Resources, Biological Resources, Hydrology/Water Quality, Hazards and Hazardous Materials, and Tribal Cultural Resources could be potentially significant, but could be reduced to a less–than-significant level through mitigation measures identified in the Initial Study. These mitigation measures are included in Table 2-2: Summary of Impacts and Mitigation Measures, on pages 2-21 to 2-28 of the DEIR. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 13 • The project was found to have no impact or a less-than-significant impact upon the remaining environmental topics evaluated in the Initial Study, including Agriculture Resources, Geology/Soils, Mineral Resources, Population/Housing, Public Services, Recreation and Utilities/Service Systems. On July 27, 2017, the Commission held a scoping meeting during the 30-day comment period and requested that Aesthetics be added to the EIR analysis to understand the project design with the addition of solar arrays and approved a list of project alternatives to be analyzed in the EIR, in addition to a “No project/No Development’ alternative, including: • Reduce the amount of medical office uses such that vehicle trips do not trigger the mitigation measure for the Los Gamos Dr. / Lucas Valley Rd. intersection (‘Reduced Medical Office Use); • Develop the parking structure on an alternative location, the surface parking lot on the eastern parcel (‘Alternate Parking Structure Location); and • The project includes the identified intersection improvements as part of the project and not a requirement due to mitigation (‘Applicant-Implemented Traffic Improvements). Notice of Completion (NOC) and Publication of DEIR: The DEIR was completed and a NOC was distributed on March 8, 2018, pursuant to Section 15372 of the CEQA Guidelines. A Notice of Completion 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 (the Mont Marin/ San Rafael Park and the Federation of San Rafael Neighborhoods). Additionally, notice was posted on the site, along both Los Gamos Dr. frontages, 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 45-day public review period. The DEIR was also made available for review online at the City of San Rafael website (http://www.cityofsanrafael.org//kaiser-losgamos/, at the San Rafael Public Library, and at San Rafael City Hall Planning Division offices. A limited number of printed copies have also been available for loan, and electronic CD copies of the document have been available for purchase. The City accepted written comments on the DEIR until the Commission hearing on April 24, 2018, which extended the 45-day public comment period an additional one day. The City received 13 written comments during this review period. Twelve (12) total individuals, including the members of the Planning Commission, also provided verbal comments at the Commission hearing. Many of these comments focused on the merits of the project though some comments were specific to the scope and adequacy of the DEIR. Many of the comments provided were duplicative. Some individuals provided both written and oral comments. DEIR Summary and Conclusions: CEQA requires that all impacts be mitigated to the extent feasible. The City is required to adopt a Statement of Overriding Considerations pursuant to Section 15093(a) of the CEQA Guidelines before approving any project having unavoidable significant effects. In this case, the DEIR concludes that the project would result in potentially significant and unavoidable impacts to Transportation and Circulation. The DEIR identified mitigation measures that could reduce the project’s impacts to Transportation and Circulation to a less- than-significant level, however, the DEIR concluded that the project’s impacts would remain significant and unavoidable due to the fact that outside agencies, in this case the County of Marin and CalTrans, are responsible for the approval and implementation of permits needed to construct the improvements. T hus, the proposed project requires adoption of a Statement of Overriding Considerations, if the project is to be approved: REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 14 Transportation and Circulation Transportation and Circulation impacts are analyzed in Chapter 4.6 (pages 4.6-1 to 4.6-70) of the DEIR. As outlined in the DEIR, Fehr & Peers prepared a Final Traffic Impact Analysis based on the land use codes consistent with medical office uses. The conversion of general office to medical office uses would add 437 additional AM and PM (125 AM and 312 PM) peak hour trips to the local circulation network. As a result, several intersections and/or Rd. segments would result in significant adverse impacts including the Los Gamos Dr. / Lucas Valley Rd. and Las Gallinas Ave. / Lucas Valley Rd. intersections. Additionally, increased peak hour trips would create impacts to freeway segments on US 101 Highway. Recommended Mitigation Measures for Transportation and Circulation As summarized in Chapter 2 (pages 2-5 – 2-19) of the DEIR, citing the IS for the project, the project’s contribution to AM and PM peak hour trips to the local freeway corridor would create a potentially-significant Transportation/Circulation impact, to volume / capacity ratio on the freeway segment between the Miller Creek On and Off Ramps. The project would contribute to the existing failing condition of LOS conditions on freeway segments in the project study area. The Project’s contribution increases the corridor’s volume to capacity ratio by more than 0.01 which means the number of vehicles that want to use the facility exceed the available capacity and as a result, delays and queuing are anticipated. As a result of the Project, there is a significant impact to the volume to capacity ratio on the freeway segment between the Miller Creek Off-Ramp and Miller Creek On-Ramp which can be mitigated to a less-than-significant level with the implementation of the Project Transportation Demand Management Plan. • Mitigation Measure MM TRAF-2: Kaiser Permanente shall implement additional TDM measures. Kaiser Permanente shall implement a TDM program, as described in Chapter 3: Project Description and Section 4.6.4.2: Transportation Demand Management Considerations of this traffic impact chapter (Section 3.1.1 of the 1650 Los Gamos 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 4.6.4.2: Transportation Demand Management Considerations and the Fehr & Peers 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. As authorized by Public Resources Code Section 21081(a)(1) and CEQA Guidelines Sections 15091 and 15092, the FEIR is required to identify the significant impacts that cannot be reduced to a less-than- REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 15 significant level through mitigation measures. This FEIR concluded that impacts are considered significant and unavoidable, thereby requiring a statement of overriding considerations. Recommended Mitigation Measures for Transportation and Circulation The addition of project traffic at the Lucas Valley Rd./Los Gamos Dr. side street stop controlled (unsignalized) intersection would increase vehicle delay during the AM and PM peak hours. As a result of the proposed project, traffic would worsen the side street stop-controlled approach from LOS C to LOS E during the AM peak hour and LOS A to LOS F during the PM peak hour. As a result, the Project’s contribution during the PM peak hour would result in a significant impact because the Project’s contribution would worsen the intersection operations to an unacceptable LOS. 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: • Mitigation Measure MM TRAF-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, Kaiser Permanente shall pay the fair share cost to signalize the Lucas Valley Rd. / 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. Recommended Mitigation Measures for Transportation and Circulation The Lucas Valley Rd./Las Gallinas Ave. intersection operates below LOS D during the weekday AM and/or PM peak hour. The proposed Project would contribute to deficient operations by increasing the average delay by more than five seconds. 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: • Mitigation Measure MM TRAF-3: Improve Intersection Operations at Lucas Valley Rd./Las Gallinas Ave. This intersection is actually located within County of Marin jurisdiction and Improvements at the Lucas Valley Rd./Las Gallinas Ave. intersection have yet to be identified through the County or City General Plans; however, several vehicle capacity improvements (such as reconfiguring the intersection to remove channelized turn islands or replacing the existing signal with a roundabout) may be considered by the City of San Rafael to mitigate poor operating conditions at the intersection. Capacity increasing improvements include various trade-offs, however. For example, adding capacity could facilitate more vehicular traffic but this could also have an adverse impact to pedestrians and bicyclists and result in the diversion of more pass-through traffic along Las Gallinas Ave. 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 REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 16 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. Recommended Mitigation Measures for Transportation and Circulation With the addition of Project traffic, the side street stop-controlled intersection at Lucas Valley Rd./Los Gamos Dr. would experience increased vehicle delay during the AM peak hour. The Project would add 102 trips to the stop-controlled northbound approach during the AM peak period, which would contribute to deficient operations and increase average delay by more than five seconds at the stopped controlled approach. 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: • Mitigation Measure MM TRAF-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 Rd./Los Gamos Dr. Intersection. The San Rafael General Plan 2020 (Exhibit 21 #2) identifies improvements at this intersection, including signalizing the intersection, adding dual westbound left turn lanes, reconfiguring the northbound approach, and removing existing striped channelized islands, as illustrated in Figure 4.6-13. Due to its close proximity to the US-101 Ramp terminal intersections, the new signal should include traffic signal interconnect and be coordinated with the adjacent interchange signals. Additionally, since the majority of the intersection is located within the County of Marin jurisdiction, interagency coordination will be required during design, construction and maintenance of the new signal. Furthermore, a memorandum of understanding (MOU) will be required between the City of San Rafael and the County of Marin to document the management and maintenance of the intersection and signals since the US 101/Lucas Valley interchange signals and the new Lucas Valley 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. 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 proj ect, 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 their project objectives, which were re-formatted in the EIR for conciseness as follows: 1. Provide high quality, affordable health care in new, approximately 150,000 square foot centralized outpatient facility. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 17 2. Immediately supplement and support existing Kaiser Permanente medical offices and support services in the North Bay region in one consolidated location. 3. Facilitate the logical, orderly development of an infill 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 6. Provide an environment that is easy to negotiate and access for pedestrians, bicyclists, and vehicles, including persons with disabilities. 7. Implement a MOB and parking structure that are aesthetically compatible with surrounding development and do not unduly impact existing views. The following is a discussion of the 4 alternatives that were evaluated, including the impacts and findings: Alternative 1: No Project/No Medical Office Uses (Status Quo) Description The No Project Alternative, as required by CEQA, considers the potential impacts associated with the Project site assuming denial or withdrawal of the Project. As discussed in the DEIR (pages 5-9 through 5-12) and supported by evidence contained within the entirety of the record of proceedings, the No Project / No Medical Office Uses Alternative assumes there will be no new Kaiser Permanente MOB or medical uses at 1650 Los Gamos Dr. and the existing commercial building will remain utilized for general office uses. The existing general office and surface parking lot uses will continue, and no new development will occur on the Project site, including a new parking structure or intersection improvements. Kaiser Permanente will continue to use its main medical campus at 99 Montecillo Rd. for medical office uses and will have limited ability for modernization of existing spaces. Impacts The No Project / No Medical Office Uses Alternative would maintain the existing office building on the Project site and no new parking structure or intersection improvements would be proposed. There would be no excavation/grading, tree removal, or change of use to the existing structures. No new short-term air quality, GHG emissions, noise, or traffic impacts would occur during construction at the Project site under this alternative and neither would any potential long-term impacts associated with Project operation. Although some environmental impacts would be avoided under the No Project / No Medical Office Uses Alternative, this alternative would not have the benefits of improved medical facility services for local residents, improved stormwater drainage, improved pedestrian circulation and bicycle lanes on Lucas Valley Rd. In addition, since the medical services that would have been located at the Project site would need to be provided at other locations, there may be unknown environmental impacts at other locations. Finding The Planning Commission (1) recommends rejection of this No Project / No Medical Office Uses Alternative on the basis that it fails to meet basic project objectives and is infeasible for social and policy reasons; and (2) finds that each and any of these grounds separately and independently provide sufficient justification for rejection of this Alternative. Facts in Support of Finding ▪ The No Project / No Medical Office Uses Alternative fails to meet any of the Project objectives. For instance: REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 18 o This Alternative would maintain the current uses on site, which would not allow for a new, modern, MOB nor would it relieve pressure on Kaiser Permanente’s existing facilities. o No new infrastructure or traffic improvements would be included in this Alternative. o This Alternative would continue to contribute the same amount of vehicle trips at Kaiser Permanente’s main campus at 99 Montecillo Rd. o Use of the existing office building at 1650 Los Gamos Dr. would continue as a general office with daily usage and vehicular trips consistent with a general office building. ▪ The No Project / No Medical Uses Alternative is also infeasible for policy reasons, as it fails to comply with the intent of the City’s General Plan 2020, which promotes economic vitality (Policy EV-2 Seek, Retain, and Promote Businesses that Enhance San Rafael) and an overarching vision for the North San Rafael Commercial Center (NH-136. Design Excellence). For instance, an under-utilized Project site and larger geographic area would not be ‘re-activated’ or re-energized along Los Gamos Dr. and would not increase the economic vitality of the existing Marin Commons office park. ▪ From a policy and social perspective, without development of the proposed Project, redevelopment of the Project site would likely be postponed indefinitely, new MOB facilities development would not be created on-site, and Kaiser Permanente would be required to find an alternate location(s) for the Project. In addition, Kaiser Permanente’s existing clinics and medical facilities in the North Bay region would not be supplemented or supported as a result of this No Project / No Medical Office Uses Alternative, and, therefore would continue to experience the same operational loads and space challenges with regard to future modernization. Alternative 2: Reduced Medical Office Use Description As discussed in the DEIR (pages 5-9 through 5-12) and supported by evidence contained within the entirety of the record of proceedings, the Reduced Medical Office Use Alternative assumes Kaiser Permanente reduces the amount of proposed medical office uses in the existing 1650 Los Gamos Dr. office building. The Reduced Medical Office Use assumptions are based on the traffic analysis results for the proposed Project. The Reduced Medical Office Use Alternative reduces the Project’s overall trip generation (thereby resulting in less than significant impacts) by decreasing the amount of medical office use at the Project site from 100 percent to approximately 70 percent and keeping the remaining 30 percent of use as general office. As a result, some of the planned services would no longer be relocated to 1650 Los Gamos Dr. and would remain at other existing Kaiser Permanente facilities, primarily at the 99 Montecillo Rd. Kaiser Permanente San Rafael Medical Center or would be located at an undetermined alternative off-site location(s). The Reduced Medical Office Use Alternative would still require a new parking structure to provide adequate parking on site and meet City Zoning Code requirement, however, the parking structure contemplated by the Project could be reduced by approximately 100 parking spaces. The Reduced Medical Office Use Alternative would require the same entitlements that would be requested as part of the Project. Impacts Many of the same construction and operational impacts would occur under the Reduced Medical Office Use Alternative, including impacts to Air Quality and Noise. In addition, since Kaiser Permanente would need to find a secondary site(s) to accommodate the remaining 30 percent of uses that would not be located at 1650 Los Gamos, this site(s) may not be REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 19 as centrally located or have ease of access or available parking. Thus, the Reduced Medical Office Use Alternative could result in the same or more overall trip generation and GHG estimates, though they will not all occur at this location. Finding The Planning Commission (1) recommends rejection of this alternative on the basis that it fails to meet basic project objectives, is infeasible for social and policy reasons, and is not environmentally superior to the proposed project; and (2) finds that each and any of these grounds separately and independently provide sufficient justification for rejection of this Alternative. Facts in Support of Finding ▪ This Alternative achieves some, but not all, of the Project objectives, including failing to achieve the primary Project objective for a single centralized MOB. In addition: o In order to address the remaining 30% of medical office space removed from this Alternative, Kaiser would be required to find alternative locations that may not be as centrally located or have ease of access or available parking. o General site improvements included as part of the Project would be included in this Alternative. o Kaiser Permanente would continue to require additional medical office space throughout San Rafael and Marin County and, therefore, would continue to experience the same operational loads and space challenges with regard to future modernization at the main hospital campus. ▪ From a social and policy perspective, Kaiser Permanente would continue to have multiple medical office locations and would therefore continue to impact local neighborhoods or other areas in San Rafael and Marin County with additional vehicle trips. Alternative 3: Alternative Parking Structure Location Description As discussed in the DEIR (pages 5-8 through 5-9) and supported by evidence contained within the entirety of the record of proceedings, the Alternative Parking Structure Location Alternative assumes Kaiser Permanente will modify and relocate the Project’s proposed parking structure to the surface parking lot to the north of the existing office building (southeast of Los Gamos Dr.). This Alternative will result in an overall slightly smaller development footprint but will require additional height (i.e., greater than the three-level structure design included in the proposed Project) to achieve the City’s Municipal Code minimum parking requirement for medical office use. The Alternative Parking Structure Alternative will displace the mature landscaping vegetation on the alternate site but will retain the mature landscaping vegetation currently growing around the existing western surface parking lot. Impacts The Alternate Parking Structure Location Alternative would still contribute the same amount of traffic trips as the Project. The Alternative Parking Structure Alternative would result in less short-term construction by eliminating excavation into the hillside to build the parking structure but would still require the same amount of overall construction disturbance and off-site improvements. Impacts to Air Quality, GHG Emissions, Noise, and Transportation/Circulation would continue to be potentially significant without mitigation implementation. Furthermore, the taller parking structure design, located closer to Lucas Valley Rd. and without the aid of existing screen trees could potentially present a new visual impact. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 20 Finding The Planning Commission (1) recommends rejection of this alternative on the basis that it fails to meet basic Project objectives, does not sufficiently avoid or substantially reduce the Project’s significant environmental impacts, and is infeasible for social and policy reasons; and (2) finds that each and any of these grounds separately and independently provide sufficient justification for rejection of this Alternative. Facts in Support of Finding ▪ The Alternate Parking Structure Location Alternative will not meet Project Objective #7, in that it may create a structure that would be significantly more visibly prominent at the corner of Lucas Valley Rd. and Los Gamos Dr. ▪ The Alternative Parking Structure Alternative does not offer any significant environmental advantages in comparison with the Project. The Alternative will include the same amount of operational vehicle trips and result in similar environmental impacts and required mitigation measures. Thus, it does not avoid or substantially lessen the proposed Project’s significant and unavoidable impacts. ▪ The Alternative Parking Structure Alternative is infeasible for policy reasons, as it fails to comply with the intent of the City’s General Plan 2020, which protect views (Policy CD-5: Views), design consistency (CD-10: Nonresidential Guidelines) and unnecessary light and glare (CD-19. Lighting). Since locating the parking structure on the eastern parcel of the Project site would create a taller structure with impacts to local view corridors, the Alternative will create a new source of light and glare that will not be as effectively screened by existing landscaping as the Project. ▪ The Alternative Parking Structure Alternative is also infeasible for policy reasons because it will not be consistent with the existing PD 1590 or revised PD design standards or the San Rafael General Plan 2020 height limits for this area of San Rafael in that it will require a modification to the allowable height restrictions for the District. Alternative 4: Applicant-Implemented Traffic Improvements Description As discussed in the DEIR (pages 5-15 through 5-18) and supported by evidence contained within the entirety of the record of proceedings, the Applicant-Implemented Traffic Improvements Alternative assumes Kaiser Permanente would voluntarily undertake the cost of specific traffic and infrastructure improvements above and beyond what is required by the City’s General Plan and the Project’s identified fair-share contribution to improve intersection operations at Lucas Valley Rd. and Los Gamos Dr. and the US 101 southbound and northbound ramps. Mitigation measures identified in Chapter 4.6 of the DEIR (MM TRAF1, MM TRAF-3, and MM TRAF-4) to improve impacted intersections and reduce potential adverse effects to less than significant levels require inter-agency coordination, review and approval of the intersection improvements. As mitigation measures, the impacts can be reduced pursuant to CEQA; however, until the improvements are completed, the potential traffic and circulation conflicts remain. Therefore, the Applicant-Implemented Traffic Improvements Alternative is premised on Kaiser Permanente developing intersection designs and coordinating the review and permitting approval of the improvements before the impact threshold is triggered. As such, the Applicant-Implemented Traffic Improvements Alternative would avoid the significant impacts related to traffic impacts identified with the project, including Impact TRAF-1 and Impact TRAF-4, by voluntarily gaining approvals and REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 21 constructing the intersection improvements at the Lucas Valley Rd. and Los Gamos Dr. intersection. Permitting and construction of the intersection would still require multi-agency coordination and entitlement review and approval. A full list of intersection, roadway, and pedestrian improvements to be undertaken as part of this Applicant-Implemented Traffic Improvements Alternative is identified in Table 5-3 of the DEIR (pages 5-16 – 5-17). Impacts The Applicant-Implemented Traffic Improvements Alternative will contribute the same amount of traffic trips as the Project. However, impacts to Transportation / Circulation (TRAF-1 and TRAF-4) will be reduced to less than significant, while impacts to Air Quality and GHG Emissions will continue to be potentially significant without mitigation implementation. Finding The Planning Commission (1) recommends adoption of this alternative as the approved “Revised Project” for all of the specific economic, social and environmental considerations stated in the Project findings and in the entirety of the proceedings; and (2) finds that each and any of these grounds separately and independently provide sufficient justification for adoption of this Alternative. Facts in Support of Finding ▪ The Applicant-Implemented Traffic Improvements Alternative would achieve all Project objectives. In addition, because this alternative would be providing up-front improvements that would improve the existing vehicular and pedestrian circulation network, some of the Project objectives would be further enhanced, including Objective #6. ▪ Since this Alternative would provide up-front improvements to improve the existing vehicular and pedestrian circulation network, it provides more efficient and improved intersection operations than as originally contemplated under the proposed Project. ▪ The Applicant-Implemented Traffic Improvements Alternative is identified in the DEIR as the Environmentally Superior Alternative. The Alternative would still contribute the same amount of traffic trips as the proposed Project, however, impacts to Transportation and Circulation would be reduced to less than significant, while impacts to Air Quality and GHG Emissions would continue to be potentially significant without mitigation implementation. ▪ The Applicant-Implemented Traffic Improvements Alternative creates a funding source and impetus to construct identified off-site improvements to alleviate potential traffic issues at the Los Gamos Dr. / Lucas Valley Rd. intersection. ▪ The Applicant-Implemented Traffic Improvements Alternative would be consistent with and implement Policy C-6 of the San Rafael General Plan 2020. ▪ The City of San Rafael would benefit from a major monetary contribution of the intersection improvement and the intersection improvement itself, which is identified as an improvement required by the General Plan 2020. ▪ The Applicant-Implemented Traffic Improvements Alternative would commit Kaiser Permanente to funding the identified improvements in addition to paying its Traffic Mitigation Fees, the latter of which could be utilized for other traffic improvements throughout San Rafael. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 22 Environmentally Superior Alternative Consistent with CEQA Guidelines Section 15126.6(e), an environmentally superior alternative must be identified among the alternatives that were studied. • The DEIR concludes (Chapter 5.9; page 5-18;) that the Environmentally Superior Alternative is the Applicant-Implemented Traffic Improvements Alternative, which avoids potentially significant impacts to transportation and circulation at the Los Gamos Dr. / Lucas Valley Rd. intersection as a result of Kaiser Permanente taking responsibility for entitlements related to the review and approval of the intersection improvements. • The Applicant-Implemented Traffic Improvements Alternative provides a medical office use project that incorporates potential mitigation measures as a result of the project into actual components of the project design. Furthermore, this alternative includes additional circulation improvements including upgrades to pedestrian sidewalks and bicycle lanes within the project area. This alternative would result in a design that achieves all the project objectives, and voluntarily initiates required traffic improvements including additional pedestrian, transportation improvements. • The Applicant-Implemented Traffic Improvements Alternative would also accomplish completion of improvements identified in the San Rafael General Plan 2020. Implementation of this alternative would eliminate the need for a fair -share agreement between Kaiser, the City of San Rafael, and the County of Marin, for the construction of the improvements at Los Gamos Dr. and Lucas Valley Rd. Preferred Alternative Staff recommends that the Planning Commission should, in their review of the Final EIR/Response to Comments (FEIR), consider the Applicant-Implemented Traffic Improvement Alternative as preferable to the project as proposed because it would best achieve the goal of reducing the identified significant adverse impacts to Transportation and Circulation. Final EIR (FEIR): The Final EIR (FEIR) provides an opportunity to respond to written comments on the DEIR for the project received during the 45-day comment period (March 8, 2018 to April 24, 2018) and oral comments provided during the April 24, 2018 Planning Commission public hearing. The FEIR also provides an opportunity to make clarifications, corrections or revisions to the DEIR, as needed, based on the comments received. The City received 13 written comments on the DEIR and 12 individuals (including the members of the Planning Commission) provided oral comments during the comment period and the Planning Commission hearing. In some cases, the comments provided either in writing or orally focused on the merits of the project rather than the environmental impacts discussed in the DEIR. In those cases, the comment is included in the FEIR with a note stating “comment is noted” next to the individual comment. Concerns raised in relation to the project merits are further addressed under the “Neighborhood Meeting/Correspondence” section below. In addition, the FEIR includes a Mitigation Monitoring and Reporting Program (MMRP) table that incorporates the Mitigation Measures recommended in the DEIR and provides implementation methods to fulfill these requirements, and a copy of the Planning Commission staff report on the DEIR. Based on the comments provided during the public review period on the DEIR, the FEIR provides responses to these comments only. No clarifications, corrections or revisions to the DEIR, were warranted, based on the comments received. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 23 The FEIR was prepared and released on August 10, 2018 for public review. The City responded to all the environmental comments that were submitted on the DEIR during the public review period and a FEIR was completed. On August 10, 2018, a Notice of Availability for the FEIR/Response to Comments was mailed to interested persons and property owners and occupants within 500 feet of the property and all responsible and trustee agencies and written responses to mailed to all responsible, trustee and other public agencies that commented on the DEIR; A notice of availability was also published in the Marin Independent Journal on August 11, 2018. A copy of the FEIR/Response was also distributed to the Commission on August 10, 2018 and is also available at https://www.cityofsanrafael.org/kaiser-losgamos/ Public Benefits and Statement of Overriding Considerations: Given that the EIR concludes that the project would result in significant, unavoidable impacts to Transpiration and Circulation related to level of service impacts at the Los Gamos Dr. / Lucas Valley Rd. and Las Gallinas Ave. / Lucas Valley Rd. intersections, the Commission would have to adopt a Statement of Overriding Considerations (Exhibit 2b) if they elect to approve the project. A Statement of Overriding Considerations reflects the ultimate balancing of competing public objectives (including environmental, legal, technical, social, and economic factors). Adopting a Statement of Overriding Considerations would mean that the Commission finds that on balance, the benefits of the project outweigh the significant unavoidable environmental impact(s). The City has adopted a Statement of Overriding Considerations on three (3) recent redevelopment projects, with their public benefits listed: • 125 Shoreline Pkwy. (new, 137,511 sq. ft. Target retail store) o Estimated $646,000 annual sales tax to City; o Estimated 200 permanent retail jobs plus short-term construction jobs; o Construction of new bus shelter at Shoreline Pkwy/Kerner Blvd., 28 secured and covered bicycle parking, 30% subsidy in bus passes, and 30% employee discount on bike purchase and accessories; o Designate parking and signage for Shoreline Park users, pathway connecting parking spaces to Shoreline Park, outdoor dining/sitting area along Shoreline Park; o Charitable contribution to San Rafael-based non-profit organizations and charitable projects/events equal to 5% of total sales, $250,000 to the San Rafael Public Library over a 10-year period’ and o LEED Gold certification, • 809 B St/1212 + 1214 2nd St . (new, 41 -unit residential condominium building) o Downtown Housing - 41 new residential ‘rental housing’ units in Downtown, including six (6) affordable housing units o Re-activate Pedestrian Environment - The project would ‘re-activate’ the site and a portion of B Street, both of which suffer from a degraded appearance or a degree of urban decay which seems to have the effect of dissuading owners from investing in their properties. o Support ‘Alive-After-Five’ - The project would support the General Plan’s focus on the “alive-after-five” program for the Downtown (Neighborhood Policy NH-34(c) of the General Plan). The “alive-after-five” program seeks to maintain a mix of businesses and residences in the Downtown to create activity at different days and times of the week, to help keep Fourth Street active and busy after 5 p.m. The project would further this long-term goal of invigorating the Downtown with activity, primarily on weekdays after 5 p.m. and weekends, as new residents frequent the Downtown and provide economic opportunities to businesses, particularly restaurants REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 24 o Charitable Contributions - The project would provide a one-time charitable contribution of $25,000 to the San Rafael Fire Department, the Marin History Museum, or any group the City determines to be appropriate to help offset the loss of the two cultural resources. • 1200 Irwin St. (formerly 524 Mission Ave.; new, 15 residential townhouse condominiums) o 15 new housing units to help City meet its RHNA targets, of which two (2) are BMR units affordable at low-income household level; o In-fill, high-density, transit-oriented, residential development near Downtown; o Elimination of substandard housing, elimination of multiple Dr.ways along Mission Ave.; o Economically infeasible to rehabilitate; o Short-term construction jobs; and o Encourage financial investment by other property owners near Downtown. Staff finds the first project listed above to be most similar to the current project. The projects proposed similar public benefits to the community that are similar to the current project. The projects were approved with adopting a Statement of Overriding Considerations similar to that which is requested by this current project. The project sponsor has submitted a letter identifying/proposing the public benefits of the project to the community (Exhibit 5). In their letter, the project sponsor has presented • The project by itself, consistent with the General Plan, redevelopment of an infill property, • Voluntary construction of the Los Gamos Dr. / Lucas Valley Rd. intersection improvements as well as other pedestrian and bicycle improvements, and • Sustainable development located near transit and the freeway would generally provide enough public benefit to outweigh the impacts of the decrease in level of service and barriers to mitigation implementation. • Furthermore, the project sponsor contends that complying with the mitigation measures ($1,105,000 estimated total costs) and payment of the development impact fees ($1,800,000 estimated total costs), as required by the project, are also public benefits to the community. Also, the public benefit proposed by the project sponsor includes the construction of an identified infrastructure need in the San Rafael General Plan 2020. The City of San Rafael adopts the following Statement of Overriding Considerations based on information in the FEIR and other information in the project record. The City recognizes that implementation of the proposed project would result in significant adverse environmental impacts that cannot be avoided even with the adoption of all feasible mitigation measures. Despite the occurrence of these effects, however, the City chooses to approve the project because, in its view, the economic, social, and other benefits that the project will produce will render the significant effects acceptable. The following statement identifies why, in the City’s judgment, the benefits of the project as approved outweigh its unavoidable significant effects. Any one of these reasons is sufficient to justify approval of the project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the City would stand by its determination that each individual reason is sufficient. The substantial evidence supporting the various benefits can be found in the preceding findings, which are incorporated by reference into this section, and into the documents found in the Record of Proceedings. As discussed above, the EIR identified significant and unavoidable impacts to Transportation and Circulation that would result from the conversion of general office to medical office uses thus requiring a signalized intersection as appropriate mitigation. The City finds that these impacts on Transportation and Circulation would be acceptable because mitigation measures have been required to reduce these impacts to the extent feasible, and on balancing REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 25 the benefits to be realized by approval of the project against the remaining environmental risks, the following economic, social, and other considerations outweigh the impacts and support approval of the project. Staff recommends adoption of the Statement of Overriding Considerations, given that: 1. Furtherance of City Goals and Policies The proposed project will implement, and is consistent with, City goals, objectives, policies and programs for the Project Site described in the following City General Plan Elements: Land Use, Neighborhood, Sustainability, Circulation, Economic Vitality, and Safety, as thoroughly analyzed in the Project DEIR. The project will also support San Rafael’s Objectives and Design Guidelines for the North San Rafael Commercial Center Neighborhood by proposing a design that provides an entry and focal point off Los Gamos Dr., provides building and parking area setbacks improved with drought -tolerant landscaping, and screens mechanical and other roof top equipment from view. Further, building interiors will be accented with artwork created by local artists. 2. Development of an Existing Infill Site The project will facilitate the development of an infill site in an existing urbanized area in San Rafael and will result in regional environmental benefits because it will not require the extension of utilities or roads into undeveloped areas, is convenient to major arterials and the highway, services and transit, including a SMART shuttle, and will not directly or indirectly lead to the development of greenfield sites in the San Francisco Bay Area. 3. Significant Community Benefits and Traffic/Infrastructure Investments The project, as detailed in the DEIR’s Applicant-Implemented Traffic Improvements Alternative 4, results in economic and community benefits to the City by providing more efficient and improved intersection operations. As explained in the DEIR, Kaiser will voluntarily construct identified traffic and infrastructure improvements at Los Gamos Dr. and Lucas Valley Rd. above and beyond what is required by the City’s General Plan and the project’s identified fair-share contribution in order to improve intersection operations and reduce Project impacts to less than significant. Intersection improvements include grading and restriping, traffic signal installation, new sidewalks and curbs, pedestrian level lighting, and an extension of a Class II bicycle lane. In addition, as an additional community benefit and voluntary project contribution, Kaiser offers to fully fund these identified intersection improvements—at an approximate cost of $1,050,000—with no expectation of reimbursement by the City and County as initially contemplated in the DEIR. This voluntary contribution is in addition to $1,855,502 as Traffic Mitigation Fee which would be used toward future citywide circulation and improvement projects identified in the City’s General Plan. Typically, since the signalization of the intersection is a identified improvement, installation and funding of the signal would be the responsibility of the City (and County) through use of traffic mitigation fees collected from this and other projects throughout the City. However, as their public benefit, Kaiser has voluntarily proposed to cover the entire cost of the intersection improvement and payment of the entire traffic mitigation fee required for their increase in traffic. 4. Increased Economic Impacts to the City of San Rafael The project will positively contribute to the City’s local economy through new capital investment, as well as through retaining Kaiser’s approximately 315 employees in the City and adding an additional 174 construction and trades jobs at peak construction. These employees are a primary source of potential business as a result of their patronizing restaurants, shops and cafes. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 26 5. Enhanced Public Safety and Public Health The proposed project will provide a major medical care facility to serve existing and future demand in the City of San Rafael and greater Marin region, which will in turn result in an increase in the quality and efficiency of medical care delivery to patients. The project will supplement and support existing Kaiser medical offices, hospitals, and other facilities in the region that are currently constrained in their ability to enhance existing services or to renovate clinical areas. The project will also provide integrated care options for local residents at a conveniently located facility with easy access to the freeway and proximity to public transit options. As part of Kaiser’s Transportation Demand Management (TDM) plan intended to reduce midday and peak hour vehicle trips, the MOB will include a small café serving healthy meals and snacks, and healthy cooking demonstrations and nutrition talks will be available to members, staff, and nonmembers. Café will operate Monday-Saturday between the hours of 8am and 6pm. In addition, as an ancillary use to the project’s proposed primary care medical uses, Kaiser will relocate and expand its Health Education Center—a free and a valuable resource for individuals to access current information on health and wellness and disease management and online tools to help manage health conditions. Although Kaiser’s Health Education Center has always been open to the public, as part of the project, it will now be centrally located with greater accessibility to those who may be on campus or prescribed its use as medical follow up (e.g., smoking cessation, etc.). The expanded Health Education Center will provide: a. Health Education professionals available to assist with online health information searches, Monday-Friday, 9am- 5pm; b. Internet access to kp.org, My Doctor Online, the Kaiser Permanente Clinical Library, and other evidence-based health-related sites; c. Blood pressure self-check equipment; d. Body Mass Index scale and body fat composition analyzer; e. Health information tip sheets (electronic and soft copy); and f. Resting metabolic rate testing with weight management education, available to members and nonmembers for a nominal fee. The Health Education Center also offers classes to community members, including a no- cost, six-week smoking cessation program and classes on creating an Advance Health Care Directive. 6. Implementation of Sustainable Development Strategies The proposed project will implement a comprehensive environmental sustainability strategy, including complying with Title 24 (California Energy Efficiency Standards) and seeking to achieve a Certified Leadership in Energy and Environmental Design (LEED) Gold certification or equivalent. In order to achieve a high level of sustainability and a LEED Gold rating, Kaiser will also implement many of its current green strategies, such as: a. Solar panel distribution on the project site is anticipated to provide much of the electrical needs at the building and parking structure; b. 39 Electric Vehicle charging stations will be installed at the MOB and parking structure, which exceeds the current local requirement and promotes Clean Vehicle use; REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 27 c. Shuttles to transport members and staff from other local Kaiser facilities and the regional SMART rail service; d. Standard-55 American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) compliance, a 20% better energy performance than standard ASHRAE; e. Energy submetering for power, gas and water for optimal measurement and verification ability for post occupancy; f. Direct Digital Control HVAC system for maximum energy savings; g. High efficiency filtration for better indoor air quality; h. 100% LED lighting systems with occupancy sensors throughout building; i. High efficiency exterior that will reduce light pollution and save energy; j. Ultra-low flow water fixtures, including toilets and sinks; k. Photovoltaic thermal system that leverages the heat created in the photovoltaic system to heat the building water supply; l. Recycled water for landscaping irrigation, toilets, cooling towers and closed loop hydronic system; m. DIRTT Walls, an innovative, modular wall system that allows for future flexibility and reduction in initial construction waste and duration; n. Bike storage and racks for physicians, staff, and members; o. On-site showers for staff and physicians; and, p. Use of PVC-free materials, low or no volatile organic compound (VOC) free paints, CFC-free refrigerants, formaldehyde-free casework, and use of recycled building materials. 7. Greenhouse Gas Emissions Reduction and Congestion Relief The project incorporates a TDM plan that will encourage alternate modes of transportation other than single-occupancy vehicles. The following TDM plan will be provided: a. A TDM manager who is responsible for, but not limited to, developing and disseminating transportation information, aiding employees in the selection of transportation options, and communicating available transit alternatives; b. An on-line transit information center, as part of the internal website that provides information on the Kaiser Permanente TDM, that describes current public transit, vanpools, carpools and shuttle services serving the area; c. A carpool and vanpool matching program; d. Commuter subsidy for bicycle, transit or car/vanpool use (current subsidy is $60/month); e. Pre-tax commuter spending accounts; f. Guaranteed Ride Home program; and g. Local Kaiser Shuttle to shuttle employees to and from SMART Station and other Kaiser facilities in the City of San Rafael. The project will also provide designated on-site bicycle parking, as well as dedicated parking for carpool/vanpools and electric charging stations for electric vehicles. NEIGHBORHOOD MEETING / CORRESPONDENCE Representatives for Kaiser facilitated a Neighborhood Meeting early in the planning process for the project in December of 2016. At the meeting, approximately 12 members of the community attended and listened to Kaiser present the basic framework of the proposed project including basic design concepts for the three-level parking garage and the potential for an off-site intersection improvement. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 28 Notice of all public hearings on the project, including the Neighborhood Meeting, have been conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 500-foot radius of the project site (greater than the 300 ft required by the Ordinance), the appropriate neighborhood groups (Federation of San Rafael Neighborhoods and the Mont Marin / San Rafael Park Neighborhood), and all other interested parties, 15 calendar days prior to the date of all meetings and hearings. Public notice was also posted on the project site, along both the Los Gamos Dr. frontages, 15 calendar days prior to the date of all meetings and hearings (Exhibit 7) All public correspondence on the project was received during review of the DEIR. The FEIR lists those public comments received on both the DEIR and on the project merits. Responses to comments on the DEIR were provided in the FEIR, a copy of which has been distributed to the Commission in advance. Public comments regarding the proposed Project have been received at various intervals, including comments during the DEIR review, and DRB review process. The majority of public comments have been in opposition to the project for, essentially, the following concerns: • The proposed parking structure is unsightly and will create a new visual impact to residents west and uphill from the project site; and • The construction of the proposed parking structure will create unnecessary air quality, GHG emissions, and noise impacts. • The proposed project will generate excessive traffic that will create unnecessary traffic congestion. • The project is over-parked, resulting in the parking structure requirement, creating unnecessary environmental impacts and creating a new structure that will be obsolete in the near future. Staff’s responses to these comments of opposition are noted below: Comment on Design Character of parking structure. The proposed parking structure design is consistent with the Non-residential Design Guidelines and is consistent with the San Rafael General Plan 2020. The DRB has recommended approval of the project design, subject to the minor suggested modifications, finding it consistent with the applicable review criteria for Environmental and Design Review Permits and non-residential design guidelines. The IS/MND proposes a mitigation measure (AES-1), requiring all lighting fixtures to be consistent with UBC and California Building Code for nigh-sky compliance, thereby, reducing the project’s impacts to Aesthetics to a less-than-significant impact. Comment on Traffic Impacts. The DEIR concludes that traffic impacts of the project (125 AM and 312 PM peak trips) can be reduced to a less-than-significant level through the identified mitigation measures (MM TRAF-1, MM TRAF-2, MM TRAF-3, MM TRAF-4) and the payment of the City’s Traffic Mitigation Fees. As documented in the DEIR, although the identified mitigation measures would reduce potentially significant impacts to a less-than-significant level, the review and permitting process for identified improvements would require the authorization from the County of Marin. However, the mitigation measures for these impacts are consistent with the San Rafael General Plan 2020. Comment on Parking Impacts. The proposed project site includes 455 parking spaces in surface parking lots adjacent to the project site. Conversion to medical office uses requires the project to provide on-site parking for the at the following rates: 4.4 spaces per 1,000 gross square feet, or 651 total spaces. Kaiser has stated consistently throughout the planning process, that a 5:1,000 gsf parking ratio is preferred for patient and staffing needs to reduce queuing and to facilitate shift changes. The project provides 48 on-site parking spaces where 47 parking spaces are currently required. This likely increase in the parking requirement due to the revised BMR unit configuration will result in an increase in the parking requirement for the project to 48 on-site parking spaces, which are provided. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 29 Based on the noticing for the August 28, 2018 Planning Commission hearing and at the publishing of this staff report, no current comments have been received due to the advanced date of this staff report. Due to the advanced timing of this report, any public comments received will be compiled and delivered to the Commission prior to the public hearing. CONCLUSION Overall, staff recommends that this is a very solid proposal and would address the currently impacted healthcare services at the current Kaiser medical office building, while also shifting these more routine general medical office uses closer to the freeway, SMART and other transit options. Healthcare in the North Bay is extremely limited and difficult to find large sites to accommodate medical uses. In this case, the project would reuse an existing office building, which is a very sustainable solution to the demand. The site has an office General Plan land use designation, and medical office uses are a common and allowable use in that designation. If this site was a standard Office zoning district, medical office uses would be permitted, and there would be no use permit or rezoning required, However, since the site has a site specific PD, the PD amendment is required. Given the Office General Plan designation allows for this type of use, the PD rezoning is appropriate and logical to allow medical office use at this site. Staff finds the benefits of the project to the community outweigh the significant unavoidable environmental impact, the implementation timing of intersection improvements. Staff finds that these mitigation measures are feasible from an enforcement condition, but the City cannot require the County of Marin to approve the improvements. However, this condition is alleviated by the environmentally superior alternative (Applicant- Implemented Traffic Improvements), as determined by the DEIR. The project merits are compelling: • The project by itself, consistent with the General Plan, redevelopment of an infill property, • Voluntary construction of the Los Gamos Dr. / Lucas Valley Rd. intersection improvements as well as other pedestrian and bicycle improvements, and • Sustainable development located near transit and the freeway, and • The project sponsor contends that complying with the mitigation measures ($1,105,000 estimated total costs) and payment of the development impact fees ($1,800,000 estimated total costs), as required by the project, are also public benefits to the community. • Construction of an identified infrastructure need in the San Rafael General Plan 2020 Based on adopted Statement of Overriding Consideration on recent non-residential projects that resulted in traffic impacts, staff finds the proposed public benefit to be adequate for the certification of the EIR for the project, adoption of a Statement of Overriding Considerations, approval of the Mitigation Monitoring and Reporting Program (MMRP) and the approval of the planning entitlements required by the project (Environmental and Design Review Permit, Use Permit and Sign Program Amendment). Staff does note that given that the applications include a proposed PD Rezoning, the Commission’s Rules and Procedures require a majority vote of the entire Commission (4 votes) to carry. REPORT TO PLANNING COMMISSION - Case No’s: ED17-011/UP17-005/ZC17-001/SP17-001 Page 30 OPTIONS The Planning Commission ha the following options: 1. Adopt the Resolutions recommending to the City Council a) Certification of the EIR, b) Adoption of Statement of Overriding Considerations and approval of the MMRP, c) adoption of PD Rezonings; and d) Approval of project applications with conditions (staff recommendation); or 2. Adopt the Resolutions recommending to the City Council Certification of the EIR, adoption CEQA Findings of Fact and Statement of Overriding Considerations and approval of the MMRP, adoption of PD Rezonings and approval project applications with further modifications to conditions of approval or changes to the project; or 3. Adopt Resolution to Certify the EIR, but direct staff to return with revised Resolutions to Deny the Statement of Overriding Considerations and Deny the project applications; or 4. Direct staff to return with revised Resolutions, to Deny Certification of the FEIR and Deny Project Applications; or 5. Continue the applications to allow the applicant to address any of the Commission’s comments or concerns EXHIBITS 1. Vicinity Map 2. Draft Resolutions recommending to the City Council a. Certification of the EIR (DEIR and FEIR) b. Adoption of Statement of Overriding Consideration and Approving Mitigation Monitoring and Reporting Plan (MMRP) c. Approval of a Planned Development (PD) Rezoning to establish a new PD Zoning District for the subject site d. Approval of a Planned Development (PD) Rezoning for 1600 Los Gamos (PD 1590) to sever this site from the County property e. Conditional Approval of a Master Use Permit, Environmental and Sign Program Amendment 3. General Plan Consistency Table 4. Non-Residential Design Guidelines Consistency Table 5. Applicant’s Public Benefits Letter dated July 25, 2018 6. Draft Intersection Improvement Exhibit – July 13, 2008 7. Public Notice of Planning Commission hearing, August 28, 2018 *Copies of the Final EIR (along with the DEIR) and project plans are available at https://www.cityofsanrafael.org/kaiser-losgamos/ DAJ Exhi,bit 1, Vicinity M a p While we strive to produce maps with good accuracy and with current accompanying 16 50 L G data, the accuracy of the information herein cannot be guaranteed . This map was -OS amos prepared using programetric computer aided drafting techniques, and it does not represent legal boundary survey data. --------------------11) 97 1~, 29'1i :.1:B8 485 t1 Exhibit 2a - 1 RESOLUTION NO. 18- RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) (SCH #2017062019) PREPARED FOR THE 1650 LOS GAMOS MEDICAL OFFICE BUILDING PROJECT REQUESTING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED17-001), A USE PERMIT (UP17-005), A PLANNED DEVELOPMENT REZONING (ZC17-001), AND A SIGN PROGRAM AMENDMENT (SP17-002) TO ALLOW THE CONVERSION OF AN EXISTING GENERAL OFFICE BUILDING TO MEDICAL OFFICE USES AND CONSTRUCTION OF A NEW, 433 SPACE, THREE-LEVEL PARKING STRUCTURE AT 1650 LOS GAMOS DRIVE (APNS: 165-220-12 and 165-220-13) WHEREAS, on February 21, 2017, Kaiser Foundation Health Plan (Kaiser or Kaiser Permanente) submitted project applications to the City of San Rafael Community Development Department for a Use Permit (UP17-005), an Environmental and Design Review Permit (ED17- 001), a Zone Change (ZC17-001) to amend the existing Planned Development (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 on the western parcel of a 11.2-acre property at 1650 Los Gamos Drive; and WHEREAS, on June 27, 2017, the Planning Commission (Commission) held an appropriately noticed public scoping hearing on the Notice of Preparation (NOP) for the preparation of an Environmental Impact Report (EIR) to assess the impacts of the project. The Planning Commission directed staff to prepare an EIR for the project pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) to address the following issues, Aesthetics, Air Quality, Greenhouse Gas Emissions, Land Use and Planning, Noise, Traffic and Transportation, and project Alternatives, per the Initial Study previously prepared for the project on June 9, 2017; and WHEREAS, on October 27, 2017, Kaiser Permanente submitted a Final Traffic Impact Analysis (FTIA), prepared by Fehr and Peers for the proposed project. FTIA evaluated the project’s impacts on the local circulation network and identified a potential mitigation measure requiring signalization and other improvements to the Lucas Valley Rd/Los Gamos Drive intersection; and WHEREAS, the Draft EIR (DEIR) was circulated for a 45-day public review period beginning March 8, 2018 and ending April 24, 2018 (SCH # 2017062019). On April 24, 2018, the Planning Commission held a duly-noticed public hearing to consider and accept comments on the DEIR. The DEIR concluded that the project would result in significant, unavoidable impacts associated with Transportation and Circulation. All other significant impacts identified in the DEIR could be mitigated to less-than-significant levels with implementation of mitigation measures recommended in the DEIR; and WHEREAS, based on written and oral comments received from the public on the DEIR and its own review of the DEIR, the Planning Commission directed staff to prepare a Final Environmental Impact Report (FEIR) and respond to comments received on the DEIR; and WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and CEQA Guidelines Sections 15088, 15089 and 15132, the City responded to all the environmental comments that were submitted on the DEIR during the public review period and a FEIR was completed. On July 27, 2018, a Notice of Availability for the FEIR/Response to Comments was mailed to interested persons and property owners and occupants within 500 feet of the property Exhibit 2a - 2 and to all responsible, trustee and other public agencies that commented on the DEIR. A notice of availability was also published in the Marin Independent Journal on July 28, 2018 and WHEREAS, the City intends that the FEIR, and all applicable mitigation measures therein, shall be used as the environmental documentation required by CEQA for subsequent discretionary actions required for this project; and WHEREAS, on August 28, 2018, the Planning Commission held a duly-noticed public hearing on the FEIR and project merits, accepting all public testimony and the written report of the Community Development Department staff. As part of this hearing process, the Planning Commission considered draft CEQA Findings of Fact, a draft Statement of Overriding Considerations, and a draft Mitigation Monitoring and Reporting Program (MMRP), which are presented in attached Exhibit A of this Resolution; WHEREAS, on August 28, 2018 the Planning Commission held a duly noticed public hearing on the FEIR/Response to Comments and considered the FEIR, along with the PD Zone Change and project merits; and WHEREAS on August 28, 2018, as provided in a separate resolution, the Planning Commission recommended to the City Council adoption of the Statement of Overriding Considerations and the project’s Mitigation Monitoring and Reporting Program; and WHEREAS, on August 28, 2018, the Planning Commission, through the adoption of a separate resolutions, recommended to the City Council 1) adoption of the Planned Development (PD) Zone Change; and 2) approval of the project entitlements; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby recommends certification of the project’s Final EIR, based upon the following findings required by CEQA Guidelines Section 15090: FINDINGS 1. The Final Environmental Impact Report (FEIR), which consists of the DEIR dated March 8, 2018, the Response to Comments Document dated August 10, 2018, and all documents incorporated therein, has been prepared in accordance with CEQA, including Public Resources Code Section 21083.3, and the provisions of the City of San Rafael Environmental Assessment Procedures Manual. 2. The FEIR has been prepared and completed in compliance with the CEQA Guidelines and the City of San Rafael Environmental Assessment Procedures Manual by following the appropriate format, content, technical analysis of the potential impact areas and project alternatives identified in the initially-authorized scope of work. Further, all prescribed public review periods and duly noticed hearings were held for the project Notice of Preparation (NOP), Notice of Completion (NOC) for public review of the DEIR and Notice of Availability following publication of the FEIR. 3. The FEIR has been prepared using the City’s independent judgment and analysis, and the FEIR: a) Appropriately analyzes and presents conclusions regarding impacts; Exhibit 2a - 3 b) Analyzes a reasonable range of alternatives to the project that could feasibly attain most of the basic objectives of the project while avoiding or substantially lessening any significant effect of the project; and c) Recommends mitigation measures to substantially lessen or avoid the otherwise significant adverse environmental impacts of the project. The findings and recommendations in the document are supported by technical studies prepared by professionals experienced in the specific areas of study. 4. The Planning Commission exercised its independent judgment in evaluating the FEIR and has considered the comments received during the public review period on the DEIR. 5. The FEIR reflects the independent judgment and analysis of the City of San Rafael Community Development Department and the Planning Commission. The Planning Commission has reviewed and considered all information contained in the FEIR prior to making its recommendation on the project, and concludes that the FEIR: a) Appropriately analyzes and presents conclusions on the impacts of the project; b) Analyzes a reasonable range of alternatives to the project that could feasibly attain most of the basic objectives of the project while avoiding or substantially lessening any significant effect of the project; c) Identifies or recommends mitigation measures to substantially lessen, eliminate or avoid the otherwise significant adverse environmental impacts of the project; and d) Includes findings and recommendations supported by technical studies prepared by professionals experienced in the specific areas of study, and which are contained within the document and/or made available within the project file maintained by the City of San Rafael Community Development Department, the custodian of all project documents. 6. The information contained in the FEIR is current, correct and complete for document certification. As a result of comments submitted on the DEIR, the FEIR provided responses to comments received on the DEIR and provided clarification to those comments. No new information has been added to the DEIR and it does not deprive the public of meaningful opportunity to comment upon the substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect that the project’s proponents have declined to implement. In particular, no new information was presented in the FEIR and it does not disclose or result in: a) A new significant environmental impact resulting from the project or from a new mitigation measure proposed to be implemented; b) A substantial increase in the severity of the impacts that were disclosed and analyzed in the DEIR; c) Any new feasible project alternatives or mitigation measures considerably different from others previously analyzed that would clearly lessen significant environmental impacts of the project, but which the project’s proponents refuse to adopt. d) A finding that the DEIR is so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. 7. The FEIR presents factual, quantitative and qualitative data and studies, which find and support the conclusion that the project will result in several potentially significant impacts that necessitate mitigation. At the time the City considers action on the project’s merits, it will be necessary to make complete and detailed findings pursuant to Public Resources Code Section 21081(a) and CEQA Guidelines Section 15091(a). For each significant effect identified in the EIR, the City will be required to make one or more of the following findings: Exhibit 2a - 4 a) That changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR; that such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding, and that such changes have been adopted by such other agency or can and should be adopted by such other agency; b) That specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR; and c) As the project would result in several significant, unavoidable impacts, findings of overriding consideration will be required. Such findings will require that the City weigh the benefits of the project with the environmental impacts that cannot be mitigated. 8. The Commission is taking an action to recommend certification of the FEIR for the project, recognizing it as an informational document for assessment of the project. The CEQA Guidelines recognize that an environmental document is prepared for public disclosure of potential project impacts and that it is used as an informational document to guide decision- makers in considering project merits. Certification of the FEIR, as presented, would not result in a land use entitlement or right of development for the project site. The FEIR document must be reviewed to determine whether it adequately assesses the impacts of the project, and whether the circumstances presented in Public Resources Code section 21166, as amplified by its corresponding CEQA Guidelines Sections 15162 to 15163, are present with respect to the project to determine whether a Subsequent EIR, a Supplement to the EIR, or Addendum to the EIR need be prepared or if further environmental review under CEQA is not required. Certification of the FEIR prior to consideration of and taking action on project entitlements does not prejudice or bias review or actions on the proposed development project. The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission held on the 28th day of August 2018. Moved by Commissioner and seconded by Commissioner : AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: ______________________ BY:______________________ Paul A. Jensen, Secretary Sarah Loughran, Vice-Chair Exhibit 2b - 1 RESOLUTION NO. 18- RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL 1) ADOPTION OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS OF FACT, 2) ADOPTION OF A STATEMENT OF OVERRIDING CONSIDERATIONS, AND 3) APPROVAL OF THE MITIGATION MONITORING PROGRAM (MMRP) FOR THE KASIER PERMANENTE 1650 LOS GAMOS MEDICAL OFFICE BUILDING PROJECT REQUESTING A USE PERMIT (UP17-005), AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED17-001), A PLANNED DEVELOPMENT REZONING (ZC17-001) AND A SIGN PROGRAM AMENDMENT (SP17-002) TO ALLOW THE CONVERSION OF AN EXISTING OFFICE BUILDING TO MEDICAL OFFICE USES AND CONSTRUCTION OF A NEW 433 SPACE PARKING STRUCTURE ON THE WESTERN PARCEL OF 1650 LOS GAMOS DRIVE (APNs: 165-220-12 & 165-220-13) WHEREAS, on February 21, 2017, Kaiser Foundation Health Plan (Kaiser or Kaiser Permanente) submitted project applications to the City of San Rafael Community Development Department for a Use Permit (UP17-005), an Environmental and Design Review Permit (ED17- 001), a Zone Change (ZC17-001) to amend the existing Planned Development (PD)-1590 District for the Marin Commons, and a Sign Program Amendment (SP17-002) for the conversion of an existing approximately 148,000-square-foot office building to medical office uses and the construction of an up to 511-space parking structure (Project) on the western parcel of a 11.2-acre property at 1650 Los Gamos Drive; and WHEREAS, on June 27, 2017, the Planning Commission (Commission) held an appropriately noticed public scoping hearing on the Notice of Preparation (NOP) for the preparation of an Environmental Impact Report (EIR) to assess the impacts of the Project. The Planning Commission directed staff to prepare an EIR for the Project pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) to address the following issues, Aesthetics, Air Quality, Greenhouse Gas Emissions, Land Use and Planning, Noise, Traffic and Transportation, and Project Alternatives, as per the Initial Study previously prepared for the Project on June 9, 2017; and WHEREAS, on October 27, 2017, Kaiser Permanente submitted a Final Traffic Impact Analysis (FTIA), prepared by Fehr and Peers for the Project. FTIA evaluated the Project’s impacts on the local circulation network and identified a potential mitigation measure requiring signalization and other improvements to the Lucas Valley Rd/Los Gamos Drive intersection; and WHEREAS, on April 13, 2018, Kaiser Permanente resubmitted a revised parking structure design proposing construction of a 473-space, three-level plus upper ramp, parking structure at the same location as originally proposed; and WHEREAS, the Draft EIR (DEIR) was prepared and circulated for a 45-day public review period beginning March 8, 2018 and ending April 23, 2018 (SCH # 2017062019). As part of this review, on April 24, 2018, the Planning Commission held a duly-noticed public hearing to consider and accept comments on the DEIR. The DEIR concluded that the Project would result in significant, unavoidable impacts associated with Transportation and Circulation. All other significant impacts identified in the DEIR were identified to be mitigated to less-than- significant levels with implementation of mitigation measures recommended in the DEIR; and Exhibit 2b - 2 WHEREAS, based on written and oral comments received from the public on the DEIR and its own review of the DEIR, the Planning Commission directed staff to prepare a Final Environmental Impact Report (FEIR) and respond to comments received on the DEIR; and WHEREAS, on July 2, 2018, based on feedback from the City of San Rafael Design Review Board and community input, Kaiser Permanente resubmitted a second revised parking structure design proposing construction of a 433-space, three-level, parking structure at the same location as originally proposed; and WHEREAS, on July 17, 2018, the DRB conducted a duly-noticed public meeting and reviewed the revised Project plans and found that the revisions had adequately addressed their prior comments and unanimously voted to recommend approval of the project design to the Planning Commission; and WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and CEQA Guidelines Sections 15088, 15089 and 15132, the City responded to all the environmental comments that were submitted on the DEIR during the public review period and a FEIR was completed. On August 10, 2018, a Notice of Availability for the FEIR/Response to Comments was mailed to interested persons and property owners and occupants within 500 feet of the Project property and to all responsible, trustee and other public agencies that commented on the DEIR; A notice of availability was also published in the Marin Independent Journal on July 28, 2018; and; WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared, which outlines the procedures and requirements for implementing all mitigation measures identified in the FEIR, and is provided in attached Table A of this Resolution; and WHEREAS, the FEIR concludes that all impacts identified in the FEIR have been or can be mitigated to a level of less-than-significant, with the exception of four Transportation and Circulation impacts. The FEIR identifies significant and unavoidable Project-level impacts associated with the mitigation requirement to signalize and improve the intersections at Los Gamos Drive and Lucas Valley Road and mitigations to improve the intersection at Las Gallinas Drive and Lucas Valley Road. Although all of these impacts could be mitigated to less-than- significant levels through the implementation of identified mitigation measures, the intersections are outside of the City’s jurisdiction and require authorization and permits by the County of Marin and the California Department of Transportation (CALTRANS). As such, since the City cannot legally implement mitigation measures outside of its jurisdiction, the impacts are identified in the FEIR as significant and unavoidable; and WHEREAS, the FEIR identifies Alternative 4: “Applicant-Implemented Traffic Improvements” as the Environmentally Superior Alternative, which would commit Kaiser Permanente to providing upfront funding to the City above its fair-share contribution to construct certain identified intersection improvements for the Los Gamos Drive/Lucas Valley Road intersection, as well as additional pacing and pedestrian and bicycle improvements. This Alternative would eliminate specific significant and unavoidable impacts, increase community benefits, and address transportation impacts not considered significant under CEQA thresholds by ensuring that suitable intersection/roadway improvements, or funding for such improvements are provided; and WHEREAS, the FEIR concludes that implementation of Alternative 4, the Environmentally Superior Alternative, would further eliminate the Project’s two significant and Exhibit 2b - 3 unavoidable impacts to the Los Gamos Drive / Lucas Valley Road intersection. However, adverse impacts to the Las Gallinas Avenue / Lucas Valley Road intersection would still remain due to the fact that the intersection is in the County’s jurisdiction and there is thus far no known improvement planned for the intersection. Although Kaiser Permanente would be required to pay a fair-share contribution to the upgrade of this intersection, without a potential design solution, these impacts will still remain significant; and WHEREAS, CEQA Guidelines Section 15093 requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental impacts when determining whether to approve a project. If these benefits outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable” and a statement of overriding considerations may be adopted by the agency. The decision-making agency must state in writing the specific reasons to support its action based on the FEIR and/or other information in the record. The statement of overriding considerations must be supported by substantial evidence in the record; and WHEREAS, on August 28, 2018, the Planning Commission held a duly-noticed public hearing on the FEIR and Project merits, accepting all public testimony and the written report of the Community Development Department staff. As part of this hearing process the Planning Commission considered draft CEQA Findings of Fact and a draft Statement of Overriding Considerations contained in this resolution, and a draft Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, on August 28, 2018, the Planning Commission, through the adoption of a separate resolution, recommended to the City Council certification of the FEIR for the Project; and WHEREAS, on August 28, 2018, the Planning Commission, through the recommendation of adoption of a separate resolutions, recommended to the City Council 1) adoption of the Planned Development (PD) Zone Change; and 2) approval of the Project entitlements; and NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Rafael does hereby recommend to the City Council: a) approval the following CEQA Findings of Fact; b) adoption the following Statement of Overriding Considerations; and c) approval of the MMRP presented in Table A, finding that the MMRP has been prepared in accordance with the CEQA Guidelines: FINDINGS OF FACT I. California Environmental Quality Act (CEQA) A. Final EIR By Planning Commission Resolution No. 18-XX, adopted concurrently with this resolution, the Planning Commission reviewed and recommended certification of the Project’s FEIR. As part of this action and as outlined in this separate resolution, the Planning Commission: reaffirms the findings made in Planning Commission Resolution No. 18-XX that a) supported the certification of the FEIR; b) found that the FEIR has been prepared in accordance with the CEQA Guidelines and the City of San Rafael Environmental Assessment Procedures Exhibit 2b - 4 Manual; and c) found and concluded that the FEIR adequately assesses the environmental effects of the Project and represents the independent judgment of the City. B. Incorporated Documents/ Record of Proceedings 1. The following information is incorporated by reference and made part of the record supporting these findings: • All Project plans and application materials, including supportive technical reports; • The DEIR and Appendices (March 2018) and FEIR (August 10, 2018), the Initial Study (June 2017) and all documents relied upon, cited therein or incorporated by reference; • The Mitigation Monitoring and Reporting Program (MMRP) prepared for the Project; • The City of San Rafael General Plan 2020 and General Plan 2020 FEIR; • Zoning Ordinance of the City of San Rafael (SRMC Title 14); • Subdivision Ordinance of the City of San Rafael (SRMC Title 15); • City Council Ordinance No. 1772, City Council Resolution No. 10980 and the City of San Rafael Archaeological Sensitivity map; • Kaiser Permanente’s 1650 Los Gamos Drive Medical Office Building Project commitment/community benefits letter from Judy Coffey, Kaiser Permanente’s SVP/Area Manager Marin/Sonoma Service Area to City Manager, Jim Schutz (July 25, 2018); • All records of decision, resolutions, staff reports, memoranda, maps, exhibits, letters, synopses of meetings, summaries, and other documents approved, reviewed, relied upon, or prepared by any City commissions, boards, officials, consultants, or staff relating to the Project; • Any documents expressly cited in these findings, in addition to those cited above; and • Any other materials required for the record of proceedings by caselaw and/or Public Resources Code section 21167.6, subdivision (e). 2. Pursuant to CEQA Guidelines Section 15091(e), the documents and other materials that constitute the record of proceedings upon which the City has based its decision are located in and may be obtained from the City’s Department of Community Development, Planning Division, at 1400 Fifth Street, Third Floor, San Rafael, CA 94901. The Community Development, Planning Division is the custodian of records for all matters before the Planning Commission. II. Findings of Fact in Support of Project Action The FEIR, prepared in compliance with CEQA, evaluates the potentially significant and significant adverse environmental impacts that could result from approval of the Project. Because the FEIR concludes that implementation of the Project would result in adverse impacts, the City is required by CEQA to make certain findings with respect to these impacts. (CEQA Guidelines Section 15091) These findings list and describe the following, as analyzed in the EIR: a) impacts determined to be insignificant or less-than-significant in the Initial Study/Notice of Preparation checklist; b) impacts found to be less than significant after individual analysis in the EIR; c) significant impacts that can be avoided or reduced with mitigation; d) significant impacts that cannot be avoided; and e) project alternatives that were developed and studied as provided in the CEQA Guidelines. These findings are supported by substantial evidence in the entirety of the record of proceedings before the City, which is incorporated herein by this reference. Further explanation of these environmental findings and conclusions can be found, without limitation, in the DEIR and FEIR, Exhibit 2b - 5 and these findings hereby incorporate by reference the discussion and analysis in those documents supporting the FEIR determinations regarding mitigation measures and the Project’s impacts and mitigation measures designed to address those impacts. In making these findings, the City ratifies, adopts and incorporates in these findings the determinations and conclusions of the DEIR and FEIR relating to environmental impacts and mitigation measures, except to the extent any such determinations and conclusions are specifically and expressly modified by these findings. A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT AND NOT INDIVIDUALLY ANALYZED During the Project’s Notice of Preparation (NOP) and scoping period, the City determined that a number of the Project’s potential environmental effects would be insignificant, less-than-significant or would be adequately addressed through the City’s environmental review process, including Agriculture Resources, Biological Resources, Cultural/ Archaeological Resources, Geology/Soils, Hazards and Hazardous Materials, Hydrology/Water Quality, Mineral Resources, Population/Housing, Public Services, Recreation, Tribal Cultural Resources, and Utilities/Service Systems. For these topics, in accordance with CEQA Guidelines Section 15128, no need for further environmental assessment was required for the preparation of the FEIR. Finding: The Project’s DEIR, citing the Initial Study (IS), contains brief statements identifying possible impacts that were determined to be insignificant or less-than-significant, along with the reasons for those determinations. The City adopts those statements and concludes that the referenced environmental effects are insignificant or less than significant and no further analysis in the FEIR is required. B. IMPACTS DETERMINED TO BE LESS-THAN-SIGNIFICANT AFTER INDIVIDUAL ANALYSIS. The NOP and scoping period identified a number of potential environmental impacts to be analyzed in the DEIR. Through that analysis, impacts relating to Land Use and Planning, Aesthetics, Air Quality, Greenhouse Gas (GHG) Emissions, and Noise were determined to be less-than-significant and, thus, no mitigation measures are necessary or required, as noted below. Finding: The City adopts these statements and concludes that the referenced environmental impacts would be less than significant for the reasons stated below and contained within the entirety of the record of proceedings. (1) Land Use & Planning a. Project Will Not Conflict with Applicable Land Use Plans, Goals, or Policies Facts in Support of Finding: As discussed on pages 4.1-6 to 4.1-7 of the DEIR and supported by evidence contained within the entirety of the record of proceedings, the Project is currently within an Office (O) land use designation per the San Rafael General Plan 2020. Medical office uses are typical and allowed in Office (O) General Plan designations. The Project is also within the PD-1590 (Planned Development) zoning district, which allows general Exhibit 2b - 6 office uses but not medical office uses. The Project is requesting an amendment to its zoning designation and Use Permit to allow "medical office" uses. The Project uses will be consistent with that amended zoning designation. The Project proposes colors and materials that are harmonious with the existing development on the site, as well as the surrounding hills in the background. Lastly, given the reuse of the existing on-site building and developing a parking structure within existing footprints on-site, the Project would not significantly impact any threatened, endangered or special status species in the surrounding area. This impact will therefore be less than significant. b. Project Will Not Result in a Cumulative Land Use Impact Facts in Support of Finding: As discussed on page 4.1-8 of the DEIR and supported by evidence contained within the entirety of the record of proceedings, the Project Site has been previously graded and developed with an office building and surface parking lots and is located within a commercially developed area; therefore, the Project would not result in significant impacts due to conflicting land uses. Furthermore, the site is assigned an Office (O) General Plan land use designation, which allows for medical office and associated parking. This impact will therefore be less than significant. (2) Aesthetics a. The Project Will Not Result in Visual Character or Quality Impacts Facts in Support of Finding: As discussed on pages 4.2-14 to 4.2-16 of the DEIR and supported by evidence contained within the entirety of the record of proceedings, the Project will not substantially change the character of the Project site by constructing the new parking structure on an existing surface parking lot. Further, visual simulations show that the Project will largely be screened by existing and proposed mature vegetation from many viewpoints, will have less-than-significant impacts on views of Mt. Tamalpais from public vantage points, and the use is consistent and compatible with surrounding uses. In addition, the Project is consistent with design guidelines in the General Plan 2020 and non-residential design guidelines. This impact will therefore be less than significant. b. The Project Will Not Increase Light and Glare Facts in Support of Finding: As discussed on pages 4.2-16 to 4.2-17 of the DEIR and supported by evidence contained within the entirety of the record of proceedings, the Project will not increase light and glare due to existing presence of commercial lighting. Lighting on the Project site will be directed downward and angled to reduce spillover of ambient light onto adjacent properties. The potential PV system incorporated on the top level of the parking structures would have panels with standard low-glare glass with anti- reflective coatings and would be angled to minimize potential glare to nearby residences. In sum, the Project's lighting will not be substantial in comparison to existing conditions (which includes the surface parking lot lighting) and will not affect nighttime views or cause potential “spillage” of lighting that may affect nearby residents. This impact will therefore be less than significant. c. The Project Will Not Result in Cumulative Aesthetic Impacts Exhibit 2b - 7 Facts in Support of Finding: As discussed on page 4.2-18 of the DEIR and supported by evidence contained within the entirety of the record of proceedings, the Project will not result in cumulative visual impacts. The Project is subject to City of San Rafael Design Guidelines and formal Design Review to ensure high-quality and compatible design. Lighting on the Project site will be directed downward and angled to reduce spillover of ambient light onto adjacent properties. The Project therefore will not make a cumulatively considerable contribution to a significant cumulative impact, and thus this impact will be less than significant. (3) Air Quality a. The Project Will Not Violate Air Quality Standards or Substantially Contribute to Any Air Quality Violations Facts in Support of Finding: As discussed pages 4.3-17 and 4.3-18 of the DEIR and supported by evidence contained within the entirety of the record of proceedings, the Project will not contribute substantially to existing or projected violations of Bay Area Air Quality Management District (BAAQMD) standards for impacts related to ozone and particulate matter. In addition, the Project will have emissions less than the BAAQMD screening size for evaluating such impacts. Further, intersections affected by the Project will have traffic volumes less than the BAAQMD screening criteria and, thus, will not cause a violation of an ambient air quality standard or have considerable contributions to cumulative violations of these standards. This impact will therefore be less than significant. (4) Greenhouse Gas (GHG) Emissions a. The Project’s GHG Emissions Will Be Less Than Significant Facts in Support of Finding: As discussed on pages 4.4-12 to 4.4-13 of the DEIR and supported by evidence contained within the entirety of the record of proceedings, under CEQA, projects that are consistent with Climate Change Action Plan (CCAP) forecasts and implement applicable CCAP strategies are determined to result in less than significant GHG emissions. T he Project is consistent with the City’s General Plan 2020 and, therefore, would be consistent with the applicable CCAP measures if it meets the standards included in the Qualified GHG Emissions Reduction Strategy. As shown in Table 4.4-1 on page 4.4-13 of the DEIR, the Project is consistent with these standards, and as result, the Project’s GHG emissions will be less than significant. b. The Project Will Not Conflict or Interfere with Applicable GHG Plans, Policies or Regulations Facts in Support of Finding: As discussed on pages 4.4-13 to 4.4-14 of the DEIR and supported by evidence contained within the entirety of the record of proceedings, the Project will not conflict or otherwise interfere with the statewide GHG reduction measures identified in the California Air Resources Board’s (CARB) Scoping Plan. The Project will comply with requirements of the Green Building Code and the CCAP. For example, the parking structure and MOB tenant improvements will be constructed in conformance with CALGreen and California’s Title 24 Building Code. This impact will therefore be less than significant. Exhibit 2b - 8 c. The Project Will Not Result in Significant Cumulative GHG Impacts Facts in Support of Finding: As discussed on page 4.4-15 of the DEIR and supported by evidence contained within the entirety of the record of proceedings, the completed Project will not exceed the BAAQMD’s recommended threshold of significance for GHG emissions and is consistent with the adopted City of San Rafael CCAP, which serves as a Qualified GHG Reduction Strategy. The Project therefore will not make a cumulatively considerable contribution to a significant cumulative impact, and thus this impact will be less than significant. (5) Noise a. Project Noise Levels Will Not Exceed City Standards or Increase Existing Ambient Noise Facts in Support of Finding: As discussed on pages 4.5-20 to 4.5-26 of the DEIR and supported by evidence contained within the entirety of the record of proceedings, noise levels generated by Project construction and operational activities are not expected to exceed the City’s 90 dBA threshold. In addition, all new mechanical equipment associated with the Project will be below the City’s thresholds during daytime and nighttime hours and will not increase the day-night average noise level at the residential land uses. Further, intermittent noise from the parking structure will be less than the intermittent noise thresholds established in the City’s Municipal Code and will not increase the ambient environment at the nearest residential property line by 3 dBA Ldn. Noise from refuse collection is not expected to differ from the existing land use and will be compatible with City noise limits. As such, the impact is considered less-than-significant. b. The Project Will Not Result in Excessive Groundborne Vibration Due to Construction Facts in Support of Finding: As discussed on pages 4.5-27 to 4.5-28 of the DEIR and supported by evidence contained within the entirety of the record of proceedings, vibration levels as a result of construction activities for the Project will be up to 0.02 in/sec Peak Particle Velocity (PPV), which will not exceed the 0.3 in/sec PPV threshold for residences or commercial buildings adjacent and uphill form the Project. Construction of the Project will not generate vibration levels of 0.3 in/sec PPV or more at existing noise-sensitive land uses located off- and on-site. Therefore, the impact is considered less- than-significant. c. The Project Will Not Result in a Permanent Noise Level Increase to Surrounding Residential Receptors Due to Project-Generated Traffic Facts In Support of Finding: As discussed on pages 4.5-27 to 4.5-28 of the DEIR and supported by evidence contained within the entirety of the record of proceedings, residential land uses to the west of the Project site will experience an increase of up to 1 dBA Ldn, resulting in ambient noise levels below 60 dBA Ldn with the inclusion of the Project. While the traffic increase along Los Gamos Drive will result in a permanent noise increase of 3 dBA Ldn, this increase will only apply to the commercial office buildings to the south of the Project site. Therefore, the Project-generated traffic will not Exhibit 2b - 9 cause a permanent noise increase at the surrounding residential receptors. This impact will therefore be less than significant. d. The Project Will Not Result in Cumulative Noise Increase Impacts to Noise-Sensitive Land Uses Facts In Support of Finding: As discussed on pages 4.5-33 to 4.5-34 of the DEIR and supported by evidence contained within the entirety of the record of proceedings, although the Project will make a “cumulative considerable” contribution to the overall traffic noise increase along Los Gamos Drive, the office buildings located along this roadway are not considered noise-sensitive, and hence the overall cumulative impact will not be significant. Therefore, this impact will be considered less than significant since the Project’s cumulatively considerable contribution will be to a less than significant cumulative impact. C. SIGNIFICANT IMPACTS THAT CAN BE AVOIDED OR REDUCED WITH MITIGATION The City, as authorized by Public Resources Code Section 21081 and CEQA Guidelines Sections 15091 and 15092, identifies the following significant impacts that can be eliminated or reduced to a less-than-significant level with the implementation of mitigation measures recommended in the IS and EIR. As summarized in Chapter 2 (pages 2-5 – 2-28) of the DEIR and supported by evidence contained within the entirety of the record of proceedings, these mitigation measures are hereby adopted and incorporated into the description of the Project and their implementation will be monitored through the MMRP. (1) Aesthetics The Project could potentially create a new source of substantial light and glare which would adversely affect day or nighttime views in the area. The incorporation of a photometric lighting study demonstrating compliance with building code specifications as a Project mitigation measure will result in a less than significant impact. Significant Impact As discussed on page 36 of the IS, summarized in Chapter 2 (page 2-21) of the DEIR, and supported by evidence contained within the entirety of the record of proceedings, the proposed usage of the existing office building will not introduce a new source of light and glare or affect nighttime views. However, development of the parking structure could potentially create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. This potential impact can be mitigated to a less- than-significant level with the preparation of photometric lighting study demonstrating that outdoor lighting fixtures meet the requirements of the California Energy Code and are included in the Project’s building plan (Table A; Mitigation Measure MM AES-1). Finding Specific Project lighting design is subject to Design Review Board review and approval and standard City conditions of approval. In addition, the City finds that implementation of MM AES-1 will reduce this impact to a level of less than significant. As authorized by Public Resources. Code Section Exhibit 2b - 10 21081(a)(1) and Title 14, California Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have been required herein, incorporated into the Project, or required as a condition of Project approval, which mitigate or avoid the significant environmental impact listed above. The City further finds that the change or alteration in the Project or the requirement to impose the mitigation as a condition of Project approval is within the jurisdiction of the City to require, and that this mitigation is appropriate and feasible. Therefore, with the identified mitigation, this impact will less than significant. (2) Air Quality (a) Impact AIR-3: The Project would expose sensitive receptors to substantial pollutant concentrations. The incorporation of construction best management practices as Project conditions of approval would result in a less than significant temporary impact to sensitive receptors. Significant Impact As discussed on pages 4.3-18 to 4.3-22 and summarized in Chapter 2 (pages 2-5 – 2-8) of the DEIR, and supported by evidence contained within the entirety of the record of proceedings, grading and construction activities on the Project site will create a temporary potentially-significant Air Quality impact, which can be mitigated to a less-than-significant level with the preparation, approval and implementation of a basic measures to control dust and exhaust during construction (Table A; Mitigation Measure MM AIR- 1). Finding The City finds that implementation of MM AIR-1 will reduce this impact to a level of less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and Title 14, California Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have been required herein, incorporated into the Project, or required as a condition of Project approval, which mitigate or avoid the significant environmental impact listed above. The City further finds that the change or alteration in the Project or the requirement to impose the mitigation as a condition of Project approval is within the jurisdiction of the City to require, and that this mitigation is appropriate and feasible. Therefore, with the identified mitigation, this impact will be less than significant. (b) Impact AIR-4: The Project would contribute to cumulative air quality degradation and to regional air quality cumulative impacts. The incorporation of construction best management practices as Project conditions of approval would result in a less than significant cumulative air quality impact. Significant Impact As discussed on page 4.3-23 and summarized in Chapter 2 (pages 2-5 – 2- 8) of the DEIR, and supported by evidence contained within the entirety of the record of proceedings, grading and construction activities on the site related to the Project will create a cumulative potentially-significant Air Quality impact, which can be mitigated to a less-than-significant level with the Exhibit 2b - 11 preparation, approval and implementation of a basic measures to control dust and exhaust during construction (Table A; Mitigation Measure MM AIR- 1). Finding The City finds that implementation of MM AIR-1 will reduce this impact to a level of less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and Title 14, California Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have been required herein, incorporated into the Project, or required as a condition of Project approval, which mitigate or avoid the significant environmental impact listed above. The City further finds that the change or alteration in the Project or the requirement to impose the mitigation as a condition of Project approval is within the jurisdiction of the City to require, and that this mitigation is appropriate and feasible. Therefore, with the identified mitigation, this impact will be less than significant. (3) Biological Resources The Project could potentially interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. The incorporation of a preconstruction nesting bird and bat survey as a Project mitigation measure will result in a less than significant impact. Significant Impact As discussed on page 44 of the IS, summarized in Chapter 2 (pages 2-21 – 2-22) of the DEIR and supported by evidence contained within the entirety of the record of proceedings, development of the parking structure requires removal of 63 trees, which could potentially impact nesting birds and roosting bats if these species are located in the Project area. This potential Biological Resources impact can be mitigated to a less-than-significant level by conducting a preconstruction nesting bird and bat survey prior to issuance of a grading or building permit (Table A; Mitigation Measure MM BIO-1). Finding The City finds that implementation of MM BIO-1 will reduce this impact to a level of less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have been required herein, incorporated into the Project, or required as a condition of Project approval, which mitigate or avoid the significant environmental impact listed above. The City further finds that the change or alteration in the Project or the requirement to impose the mitigation as a condition of Project approval is within the jurisdiction of the City to require, and that this mitigation is appropriate and feasible. Therefore, with the identified mitigation, this impact will be less than significant. (4) Cultural Resources (a) The Project could potentially cause a substantial adverse change in significance of an archaeological resource pursuant to CEQA Exhibit 2b - 12 Guidelines Section 15064.5. The incorporation of archeological resource protections as a Project mitigation measure will result in a less than significant impact. Significant Impact As discussed on pages 47 to 48 of the IS, summarized in Chapter 2 (pages 2-22 – 2-23) of the DEIR and supported by evidence contained within the entirety of the record of proceedings, although construction of the Project would have no impact on known archaeological resources, there is a possibility that previously unidentified archaeological resources and subsurface deposits are present within the project area, and Project construction could potentially disturb such resources and subsurface deposits within the Project area. This potential Cultural Resources impact can be mitigated to a less-than-significant level if archaeological resources are found during construction, construction is halted and Kaiser Permanente retains a qualified archaeologist to assess the previously unrecorded discovery and provide recommendations. (Table A; Mitigation Measure MM CULT-1). Finding The City finds that implementation of MM CULT-1 will reduce this impact to a level of less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have been required herein, incorporated into the Project, or required as a condition of Project approval, which mitigate or avoid the significant environmental impact listed above. The City further finds that the change or alteration in the Project or the requirement to impose the mitigation as a condition of Project approval is within the jurisdiction of the City to require, and that this mitigation is appropriate and feasible. Therefore, with the identified mitigation, this impact will be less than significant. (b) The Project could potentially disturb human remains, including those interred outside of dedicated cemeteries. The incorporation of human remains protections as a Project mitigation measure will result in a less than significant impact. Significant Impact As discussed on pages 48 to 49 of the IS, summarized in Chapter 2 (pages 2-23 – 2-24) of the DEIR and supported by evidence contained within the entirety of the record of proceedings, there are no formal cemeteries or known interred human remains within the Project area and no evidence of human remains was identified within the Project area. However, the potential for their presence cannot be entirely ruled out, since construction-related excavation could expose and disturb or damage previously undiscovered human remains. This Cultural Resources impact can be mitigated to a less- than-significant level if previously unknown human remains are found during construction, construction is halted and Kaiser Permanente retains a qualified archaeologist to assess the previously unrecorded discovery and providing immediate notification to the Marin County Coroner and the notification to the NAHC if the remains are Native American. (Table A; Mitigation Measure MM CULT-2). Exhibit 2b - 13 Finding The City finds that implementation of MM CULT-2 will reduce this impact to a level of less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have been required herein, incorporated into the Project, or required as a condition of Project approval, which mitigate or avoid the significant environmental impact listed above. The City further finds that the change or alteration in the Project or the requirement to impose the mitigation as a condition of Project approval is within the jurisdiction of the City to require, and that this mitigation is appropriate and feasible. Therefore, with the identified mitigation, this impact will be less than significant. (5) Noise - Temporary/Construction Related Noise Impact NOISE-4: Existing noise-sensitive land uses will be exposed to a temporary increase in ambient noise levels due to Project construction activities. The incorporation of construction best management practices as Project conditions of approval will result in a less-than- significant temporary noise impact. Significant Impact As discussed on pages 4.5-29 to 4.5-33 and summarized in Chapter 2 (pages 2-8 – 2-12) of the DEIR, and supported by evidence contained within the entirety of the record of proceedings, construction noise related to grading and construction activities on the site related to the Project will create a temporary, potentially-significant Noise impact by exposing sensitive receptors and adjacent residences to construction noise that exceeds limits allowed by the City’s Noise Ordinance. This Noise impact can be mitigated to a less-than-significant level by implementing best management practices during construction activities, including, but not limited to, constructing temporary noise barriers, equipping all equipment with sound suppression features, limiting idling time on all equipment, preparing a detailed construction management plan and schedule for grading and construction activities, all to minimize exposure time, as further detailed in the MMRP (Table A; Mitigation Measure MM NOISE-1). Finding The City finds that implementation of MM NOISE-1 will reduce this impact to a level of less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have been required herein, incorporated into the Project, or required as a condition of Project approval, which mitigate or avoid the significant environmental impact listed above. The City further finds that the change or alteration in the Project or the requirement to impose the mitigation as a condition of Project approval is within the jurisdiction of the City to require, and that this mitigation is appropriate and feasible. Therefore, with the identified mitigation, this impact will be less than significant. Exhibit 2b - 14 (6) Transportation/Circulation Impact TRAF-2: Implementation of the Project would increase traffic volumes on freeway segments and affect levels of the regional network under Existing plus Project Conditions. The incorporation of a Transportation Demand Management (TDM) program and annual monitoring report as a Project mitigation measure will result in a less than significant impact. Significant Impact As discussed on pages 4.6-39 to 4.6-43 and summarized in Chapter 2 (pages 2-14 – 2-15) of the DEIR, and supported by evidence contained within the entirety of the record of proceedings, the Project’s contribution to AM and PM peak hour trips to the local freeway corridor will create a potentially- significant Transportation/Circulation impact to volume/capacity ratio on the freeway segment between the Miller Creek On and Off Ramps. The Project will contribute to the existing failing condition of LOS conditions on freeway segments in the Project study area. At the Miller Creek Off-ramp to Miller Creek on-ramp segment, the Project’s contribution would increase the corridor’s volume to capacity (v/c) ratio by more than 0.01, which means the Project contributes at least 1-percent or more of the freeway segment capacity, resulting in a significant impact. The significant impact can be mitigated to a less-than-significant level with the implementation of the Project Transportation Demand Management Plan (Table A; Mitigation Measure MM TRAF-2). Finding The City finds that implementation of MM TRAF-2 will reduce this impact to a level of less than significant. As authorized by Public Resources. Code Section 21081(a)(1), Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have been required herein, incorporated into the Project, or required as a condition of Project approval, which mitigate or avoid the significant environmental impact listed above. The City further finds that the change or alteration in the Project or the requirement to impose the mitigation as a condition of Project approval is within the jurisdiction of the City to require, and that this mitigation is appropriate and feasible. Therefore, with the identified mitigation, this impact would less than significant. (7) Tribal Cultural Resources The Project could potentially cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is Geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe. The incorporation of tribal cultural protections as a Project mitigation measure will result in a less than significant impact. Significant Impact As discussed on pages 81 to 84 of the IS, summarized in Chapter 2 (pages 2-27 – 2-28) of the DEIR and supported by evidence contained within the entirety of the record of proceedings, although construction of the Project will Exhibit 2b - 15 have no impact on known tribal cultural resources, there is a possibility that previously unidentified resources and subsurface deposits are present within the project and could be disturbed during Project construction. This Tribal Cultural Resources impact can be mitigated to a less-than-significant level if cultural resources are identified onsite during construction, all work stops immediately within 50 feet of the resource(s) and Kaiser Permanente complies with all relevant State and City policies and procedures prescribed under PRC Section 21074. (Table A; Mitigation Measure MM TRIBAL-1). In addition, the implementation of MM CULT-1 and MM CULT-2 will also reduce any potentially significant impacts. Finding The City finds that implementation of MM TRIBAL-1, MM CULT-1 and MM CULT-2 will reduce this impact to a level of less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have been required herein, incorporated into the Project, or required as a condition of Project approval, which mitigate or avoid the significant environmental impact listed above. The City further finds that the change or alteration in the Project or the requirement to impose the mitigation as a condition of Project approval is within the jurisdiction of the City to require, and that this mitigation is appropriate and feasible. Therefore, with the identified mitigation, this impact will be less than significant. D. SIGNIFICANT IMPACTS THAT CANNOT BE FULLY MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT As authorized by Public Resources Code Section 21081(a)(1) and CEQA Guidelines Sections 15091 and 15092, the FEIR is required to identify the significant impacts that cannot be reduced to a less-than-significant level through the incorporation of mitigation measures. The FEIR concluded that although specific mitigation measures have been identified for the following Project Transportation and Circulation impacts, the impacts would nonetheless be considered significant and unavoidable, since the roadway intersections at issue are outside of the City’s jurisdiction and require authorization and permits by other agencies. Although the Commission is recommending adoption of the identified mitigation measures as part of Project approval, since the City cannot legally implement mitigation measures outside of its jurisdiction, despite the incorporation of Mitigation Measures outlined in the EIR and in this Resolution, should the City wish to approve the Project notwithstanding these significant and unavoidable impacts, the City must adopt a statement of overriding considerations included herein: (1) Transportation/Circulation a) Implementation of the Project will increase traffic volumes on area roadways and affect levels of service at the local intersections and freeways under Existing plus Project Conditions. Significant Impact. The addition of Project traffic at the Lucas Valley Road/Los Gamos Drive side street stop controlled (unsignalized) intersection will increase vehicle delay during the AM and PM peak hour. As a result of the Project, traffic will Exhibit 2b - 16 degrade the side street stop-controlled approach from LOS C to LOS E during the AM peak hour and LOS A to LOS F during the PM peak hour. As a result, the Project’s contribution during the PM peak hour will result in a significant impact because the Project’s contribution will worsen the intersection operations to an unacceptable LOS. Finding As discussed in Chapter 4.6 (pages 4.6-36 – 4.6-39) of the DEIR, and supported by evidence contained within the entirety of the record of proceedings, the mitigation measures necessary to reduce this significant and unavoidable Transportation and Circulation impact to a less-than- significant level cannot be implemented/authorized by the City of San Rafael alone. Specifically, the identified mitigation measure requires review and approval from the County of Marin and CALTRANS to construct the intersection improvements at Los Gamos Drive and Lucas Valley Road. Therefore, ensuring the implementation of the mitigation for this impact is outside the power of City of San Rafael decision makers and the impact is therefore considered significant and unavoidable. (Table A: Mitigation Measure MM TRAF-1). However, the Applicant-Implemented Traffic Improvements alternative (DEIR Alternative 4) would include construction of the necessary intersection signalization. b) The Project will contribute to deficient operations of the Lucas Valley Road/Las Gallinas Avenue intersection by increasing the average delay by more than five seconds under Baseline plus Project conditions. Significant Impact. The Lucas Valley Road/Las Gallinas Avenue intersection is expected to operate below LOS D during the weekday AM and/or PM peak hour. The Project will contribute to deficient operations by increasing the average delay by more than five seconds. Finding As discussed in Chapter 4.6 (pages 4.6-46 – 4.6-58) of the DEIR and supported by evidence contained within the entirety of the record of proceedings, the mitigation measures necessary to reduce this significant and unavoidable impact to Transportation and Circulation to a less-than- significant level cannot be implemented/authorized by the City of San Rafael. Improvements at the Lucas Valley Road/Las Gallinas Avenue intersection have yet to be identified through the City of San Rafael’s General Plan 2020. Specifically, since the Las Gallinas Avenue / Lucas Valley Road intersection is not within the City’s jurisdiction and is not part of a traffic fee program, intersection improvements have yet to be identified, impacts to the intersection will remain significant and unavoidable. A fair-share agreement would require Kaiser to contribute funding for future improvements even though there is no identified improvement from the County of Marin. Ultimately, the County of Marin will be responsible for the review, approval and construction of any identified improvements to the intersection. Therefore, the mitigation for this impact is outside the jurisdiction of City of San Rafael decision makers and is considered significant and unavoidable. (Table A: Mitigation Measure MM TRAF-3). Exhibit 2b - 17 c) The Project will contribute to deficient operations of the Lucas Valley Road/Las Gamos Drive intersection by increasing the average delay by more than five seconds under Baseline plus Project conditions. Significant Impact. The Lucas Valley Road/Los Gamos Drive intersection is expected to operate at LOS F. The addition of Project traffic will increase vehicle delay during the AM peak hour and PM peak hour by more than five seconds, resulting in a significant impact. Finding As discussed in Chapter 4.6 (pages 4.6-36 – 4.6-51) of the DEIR and supported by evidence contained within the entirety of the record of proceedings, the mitigation measures necessary to reduce this significant and unavoidable Transportation and Circulation impact to a less-than- significant level cannot be implemented/authorized by the City of San Rafael. In coordination with the City of San Rafael Department of Public Works, the County of Marin Department of Public Works, and CALTRANS, Kaiser Permanente is required to pay a fair share contribution to the reconfiguring and signalization of the Lucas Valley Road/Los Gamos Drive Intersection. The San Rafael General Plan 2020 Circulation Element Policy C-7 identifies improvements at this intersection, including signalizing the intersection, adding dual westbound left turn lanes, reconfiguring the northbound approach, and removing existing striped channelized islands. The new signal should include traffic signal interconnect and be coordinated with the adjacent interchange signals. Additionally, since the majority of the intersection is located within the County of Marin’s jurisdiction, and part of CALTRANS purview, interagency coordination will be required during design, construction and maintenance of the new signal. Furthermore, a memorandum of understanding (MOU) will be required between the City of San Rafael and the County of Marin to document the future management and maintenance of the intersection and signals since the US 101/Lucas Valley interchange signals and the new Lucas Valley Road / Los Gamos Drive signal would be operated and maintained by one or multiple agencies. The City of San Rafael may also coordinate an MOU with CALTRANS for development and operation of the traffic signal in the CALTRANS right of way. (Table A: Mitigation Measure MM TRAF-4). Ultimately, the identified mitigation measure requires review and approval from the County of Marin and CALTRANS to construct the intersection improvements at Los Gamos Drive and Lucas Valley Road. Therefore, while the MM TRAF-4 will be adopted by the City, the City is unable to ensure that it will be implemented due to the involvement of other public agencies; consequently, this impact is determined to be significant and unavoidable despite the implementation of the cited mitigation. d) The addition of Project-related traffic would exacerbate the Cumulative No Project condition and contribute more than 5 seconds of delay at the Lucas Valley Road/Las Gallinas Avenue intersection. Significant Impact. The Project would contribute additional traffic to local intersections. Improvements to the Lucas Valley Road / Las Gallinas Avenue intersection Exhibit 2b - 18 have yet to be identified through the City of San Rafael’s General Plan 2020. Although, several vehicle capacity improvements could be considered to mitigate poor operating conditions at the intersection, the feasibility of the potential improvement projects (such as reconfiguring the intersection to remove channelized turn islands or replacing the existing signal with a roundabout) and any potential adverse impacts will require further study and coordination with the City of San Rafael, County of Marin, and the local community. Finding As discussed in Chapter 4.6 (pages 4.6-58 – 4.6-62) of the DEIR and supported by evidence contained within the entirety of the record of proceedings, the mitigation measures necessary to reduce this significant and unavoidable Transportation and Circulation impact to a less-than- significant level cannot be implemented/authorized by the City of San Rafael. Specifically, since the Las Gallinas Avenue / Lucas Valley Road intersection is not part of a traffic fee program and intersection improvements have yet to be identified, impacts to the intersection will remain significant and unavoidable. A fair-share agreement will require Kaiser Permanente to contribute funding for future improvements even though there is no identified improvement from the County of Marin. Ultimately, the County of Marin will be responsible for the review, approval and construction of any identified improvements to the intersection. (Table A: Mitigation Measure MM TRAF-3). Therefore, while the MM TRAF-3 will be adopted by the City, the City is unable to ensure that it will be implemented due to the involvement of other public agencies; consequently, this impact is determined to be significant and unavoidable despite the implementation of the cited mitigation. E. IMPACT OVERVIEW (a) Significant Irreversible Environmental Changes Pursuant to CEQA Guidelines Section 21100(b)(2)(B), an EIR shall include a discussion of significant irreversible environmental changes that would result from implementation of a project. CEQA Guidelines Section 15126.2(c) describes irreversible environmental changes in the following manner: “Uses of nonrenewable resources during the initial and continued phases of the Project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as highway improvement which provides access to a previously inaccessible area) generally commit future generations to similar uses. Also, irreversible damage can result from environmental accidents associated with the Project. Irretrievable commitments of resources should be evaluated to assure that such current consumption is justified.” As discussed in Chapter 6.2 (page 6-2) of the DEIR, and supported by evidence contained within the entirety of the record of proceedings, construction activities associated with the Project would result in an irretrievable and irreversible commitment of non-renewable resources through the use of construction materials. This would include the use of fossil fuels (such as gasoline, diesel and oil) during the construction period, and the use of earth minerals and ores (such as concrete and Exhibit 2b - 19 steel). The Project would construct a new parking structure and implement associated traffic infrastructure mitigation measure improvements in areas that have already been developed, as well as build out the existing building at 1650 Los Gamos Drive with new medical office uses. Although off-site roadway improvements are required, the overall scope of the improvements have been previously identified in the San Rafael General Plan 2020; therefore, the Project would not modify regional access or result in access to a previously inaccessible area. As a proposed medical office use, the Project is not characteristic of a land use type that would result in disturbance or land modifications that could lead to irreversible environmental damage. Based on the preceding and on the entirety of the record of proceedings, the Planning Commission consequently finds that no significant irreversible effects will result from implementation of the Project. (b) Growth Inducement Pursuant to CEQA Guidelines Section 15126.2(d), a project is considered growth- inducing if it would directly or indirectly foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Examples of projects likely to have significant growth-indicting impacts include extensions of expansions of infrastructure systems beyond what is needed to serve project-specific demand, and development of new residential subdivisions or industrial parks in areas that are currently only sparsely developer or are undeveloped. Typically, redevelopment projects on infill sites that are surrounded by existing urban uses are not considered growth-inducing because redevelopment by itself usually does not facilitate development intensification on adjacent sites. As discussed in Chapter 6.4 (page 6-3) of the DEIR and supported by evidence contained within the entirety of the record of proceedings, the Project would feature a new use and intensity on the site (medical office) previously developed for a similar use (general office). This new type of use is consistent with the existing pattern of commercial uses in the surrounding area. The intensification of use, as defined, is consistent with the City of San Rafael General Plan 2020 designation for the subject property and is generally allowed in the office land use designation, although not allowed by the current PD Zoning for the Project site. Therefore, the range of potential environmental impacts, including growth-inducing impacts, considered in the San Rafael General Plan 2020 EIR for development in the North San Rafael Commercial Center have been evaluated. Furthermore, the Project includes the relocation of specific existing services from areas throughout the City of San Rafael and Marin County. As a result, the Project is not considered growth- inducing. Based on the preceding and on the entirety of the record of proceedings, the Planning Commission consequently finds that no significant growth-inducing effects will result from implementation of the Project. F. REVIEW OF PROJECT ALTERNATIVES The CEQA Guidelines indicate that an EIR must “describe a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain most of the basic objectives of the project but would avoid or substantially lessen Exhibit 2b - 20 any of the significant effects of the project and evaluate the comparative merits of the alternatives.” (Guidelines§ 15126.6[a].) The Project Alternatives selected for this EIR were formulated considering the Objectives of the City of San Rafael and Kaiser Permanente’s Objectives outlined in Chapter 5 of the DEIR (pages 5-1 - 5-19). Alternatives provide a basis of comparison to the Project in terms of beneficial, significant, and unavoidable impacts. This comparative analysis is then used to consider reasonable, feasible options for minimizing environmental consequences of a project. The Project Alternatives analyzed in the following sections include: • No Project/No Medical Office Uses • Reduced Medical Office Use • Alternate Parking Structure Location • Applicant-Implemented Traffic Improvements (1) Alternative 1: No Project/No Medical Office Uses (Status Quo) Description The No Project Alternative, as required by CEQA, considers the potential impacts associated with the Project site assuming denial or withdrawal of the Project. As discussed in the DEIR (pages 5-9 through 5-12) and supported by evidence contained within the entirety of the record of proceedings, the No Project / No Medical Office Uses Alternative assumes there will be no new Kaiser Permanente MOB or medical uses at 1650 Los Gamos Drive and the existing commercial building will remain utilized for general office uses. The existing general office and surface parking lot uses will continue, and no new development will occur on the Project site, including a new parking structure or intersection improvements. Kaiser Permanente will continue to use its main medical campus at 99 Montecillo for medical office uses and will have limited ability for modernization of existing spaces. Impacts The No Project / No Medical Office Uses Alternative would maintain the existing office building on the Project site and no new parking structure or intersection improvements would be proposed. There would be no excavation/grading, tree removal, or change of use to the existing structures. No new short-term air quality, GHG emissions, noise, or traffic impacts would occur during construction at the Project site under this alternative and neither would any potential long- term impacts associated with Project operation. Although some environmental impacts would be avoided under the No Project / No Medical Office Uses Alternative, this alternative would not have the benefits of improved medical facility services for local residents, improved stormwater drainage, improved pedestrian circulation and bicycle lanes on Lucas Valley Road, and roadway infrastructure improvements. In addition, since the medical services that would have been located at the Project site would need to be provided at other locations, there may be unknown environmental impacts at other locations. Finding The Planning Commission (1) recommends rejection of this No Project / No Medical Office Uses Alternative on the basis that it fails to meet basic project objectives and is infeasible for social and policy reasons; and (2) finds that each Exhibit 2b - 21 and any of these grounds separately and independently provide sufficient justification for rejection of this Alternative. Facts in Support of Finding ▪ The No Project / No Medical Office Uses Alternative fails to meet any of the Project objectives. For instance: o This Alternative would maintain the current uses on site, which would not allow for a new, modern, MOB nor would it relieve pressure on Kaiser Permanente’s existing facilities. o No new infrastructure or traffic improvements would be included in this Alternative. o This Alternative would continue to contribute the same amount of vehicle trips at Kaiser Permanente’s main campus at 99 Montecillo Road. o Use of the existing office building at 1650 Los Gamos Drive would continue as a general office with daily usage and vehicular trips consistent with a general office building. ▪ The No Project / No Medical Uses Alternative is also infeasible for policy reasons, as it fails to comply with the intent of the City’s General Plan 2020, which promotes economic vitality (Policy EV-2 Seek, Retain, and Promote Businesses that Enhance San Rafael) and an overarching vision for the North San Rafael Commercial Center (NH-136. Design Excellence). For instance, an under-utilized Project site and larger geographic area would not be ‘re-activated’ or re-energized along Los Gamos Drive and would not increase the economic vitality of the existing Marin Commons office park. ▪ From a policy and social perspective, without development of the proposed Project, redevelopment of the Project site would likely be postponed indefinitely, new MOB facilities development would not be created on-site, and Kaiser Permanente would be required to find an alternate location(s) for the Project. In addition, Kaiser Permanente’s existing clinics and medical facilities in the North Bay region would not be supplemented or supported as a result of this No Project / No Medical Office Uses Alternative, and, therefore would continue to experience the same operational loads and space challenges with regard to future modernization. (2) Alternative 2: Reduced Medical Office Use Description As discussed in the DEIR (pages 5-9 through 5-12) and supported by evidence contained within the entirety of the record of proceedings, the Reduced Medical Office Use Alternative assumes Kaiser Permanente reduces the amount of proposed medical office uses in the existing 1650 Los Gamos Drive office building. The Reduced Medical Office Use assumptions are based on the traffic analysis results for the proposed Project. The Reduced Medical Office Use Alternative reduces the Project’s overall trip generation (thereby resulting in less than significant impacts) by decreasing the amount of medical office use at the Project site from 100 percent to approximately 70 percent and keeping the remaining 30 percent of use as general office. As a result, some of the planned services would no longer be relocated to 1650 Los Gamos Drive and would remain at other existing Kaiser Permanente facilities, primarily at the 99 Montecillo Road Kaiser Permanente San Rafael Medical Center or would be located at an undetermined alternative off-site location(s). The Reduced Medical Exhibit 2b - 22 Office Use Alternative would still require a new parking structure to provide adequate parking on site and meet City Zoning Code requirement, however, the parking structure contemplated by the Project could be reduced by approximately 100 parking spaces. The Reduced Medical Office Use Alternative would require the same entitlements that would be requested as part of the Project. Impacts Many of the same construction and operational impacts would occur under the Reduced Medical Office Use Alternative, including impacts to Air Quality and Noise. In addition, since Kaiser Permanente would need to find a secondary site(s) to accommodate the remaining 30 percent of uses that would not be located at 1650 Los Gamos, this site(s) may not be as centrally located or have ease of access or available parking. Thus, the Reduced Medical Office Use Alternative could result in the same or more overall trip generation and GHG estimates, though they will not all occur at this location. Finding The Planning Commission (1) recommends rejection of this alternative on the basis that it fails to meet basic project objectives, is infeasible for social and policy reasons, and is not environmentally superior to the proposed project; and (2) finds that each and any of these grounds separately and independently provide sufficient justification for rejection of this Alternative. Facts in Support of Finding ▪ This Alternative achieves some, but not all, of the Project objectives, including failing to achieve the primary Project objective for a single centralized MOB. In addition: o In order to address the remaining 30% of medical office space removed from this Alternative, Kaiser would be required to find alternative locations that may not be as centrally located or have ease of access or available parking. o General site improvements included as part of the Project would be included in this Alternative. o Kaiser Permanente would continue to require additional medical office space throughout San Rafael and Marin County and, therefore, would continue to experience the same operational loads and space challenges with regard to future modernization at the main hospital campus. ▪ From a social and policy perspective, Kaiser Permanente would continue to have multiple medical office locations and would therefore continue to impact local neighborhoods or other areas in San Rafael and Marin County with additional vehicle trips. (3) Alternative 3: Alternative Parking Structure Location Description As discussed in the DEIR (pages 5-8 through 5-9) and supported by evidence contained within the entirety of the record of proceedings, the Alternative Parking Structure Location Alternative assumes Kaiser Permanente will modify and relocate the Project’s proposed parking structure to the surface parking lot to the Exhibit 2b - 23 north of the existing office building (southeast of Los Gamos Drive). This Alternative will result in an overall slightly smaller development footprint but will require additional height (i.e., greater than the three-level structure design included in the proposed Project) to achieve the City’s Municipal Code minimum parking requirement for medical office use. The Alternative Parking Structure Alternative will displace the mature landscaping vegetation on the alternate site but will retain the mature landscaping vegetation currently growing around the existing western surface parking lot. Impacts The Alternate Parking Structure Location Alternative would still contribute the same amount of traffic trips as the Project. The Alternative Parking Structure Alternative would result in less short-term construction by eliminating excavation into the hillside to build the parking structure but would still require the same amount of overall construction disturbance and off-site improvements. Impacts to Air Quality, GHG Emissions, Noise, and Transportation/Circulation would continue to be potentially significant without mitigation implementation. Furthermore, the taller parking structure design, located closer to Lucas Valley Road and without the aid of existing screen trees could potentially present a new visual impact. Finding The Planning Commission (1) recommends rejection of this alternative on the basis that it fails to meet basic Project objectives, does not sufficiently avoid or substantially reduce the Project’s significant environmental impacts, and is infeasible for social and policy reasons; and (2) finds that each and any of these grounds separately and independently provide sufficient justification for rejection of this Alternative. Facts in Support of Finding ▪ The Alternate Parking Structure Location Alternative will not meet Project Objective #7, in that it may create a structure that would be significantly more visibly prominent at the corner of Lucas Valley Road and Los Gamos Drive. ▪ The Alternative Parking Structure Alternative does not offer any significant environmental advantages in comparison with the Project. The Alternative will include the same amount of operational vehicle trips and result in similar environmental impacts and required mitigation measures. Thus, it does not avoid or substantially lessen the proposed Project’s significant and unavoidable impacts. ▪ The Alternative Parking Structure Alternative is infeasible for policy reasons, as it fails to comply with the intent of the City’s General Plan 2020, which protect views (Policy CD-5: Views), design consistency (CD- 10: Nonresidential Guidelines) and unnecessary light and glare (CD-19. Lighting). Since locating the parking structure on the eastern parcel of the Project site would create a taller structure with impacts to local view corridors, the Alternative will create a new source of light and glare that will not be as effectively screened by existing landscaping as the Project. ▪ The Alternative Parking Structure Alternative is also infeasible for policy reasons because it will not be consistent with the existing PD 1590 or revised PD design standards or the San Rafael General Plan 2020 height limits for this area of San Rafael in that it will require a modification to the allowable height restrictions for the District. Exhibit 2b - 24 (4) Alternative 4: Applicant-Implemented Traffic Improvements Description As discussed in the DEIR (pages 5-15 through 5-18) and supported by evidence contained within the entirety of the record of proceedings, the Applicant- Implemented Traffic Improvements Alternative assumes Kaiser Permanente would voluntarily undertake the cost of specific traffic and infrastructure improvements above and beyond what is required by the City’s General Plan and the Project’s identified fair-share contribution to improve intersection operations at Lucas Valley Road and Los Gamos Drive and the US 101 southbound and northbound ramps. Mitigation measures identified in Chapter 4.6 of the DEIR (MM TRAF1, MM TRAF-3, and MM TRAF-4) to improve impacted intersections and reduce potential adverse effects to less than significant levels require inter-agency coordination, review and approval of the intersection improvements. As mitigation measures, the impacts can be reduced pursuant to CEQA; however, until the improvements are completed, the potential traffic and circulation conflicts remain. Therefore, the Applicant-Implemented Traffic Improvements Alternative is premised on Kaiser Permanente developing intersection designs and coordinating the review and permitting approval of the improvements before the impact threshold is triggered. As such, the Applicant-Implemented Traffic Improvements Alternative would avoid the significant impacts related to traffic impacts identified with the project, including Impact TRAF-1 and Impact TRAF-4, by voluntarily gaining approvals and constructing the intersection improvements at the Lucas Valley Road and Los Gamos Drive intersection. Permitting and construction of the intersection would still require multi-agency coordination and entitlement review and approval. A full list of intersection, roadway, and pedestrian improvements to be undertaken as part of this Applicant-Implemented Traffic Improvements Alternative is identified in Table 5-3 of the DEIR (pages 5-16 – 5-17). Impacts The Applicant-Implemented Traffic Improvements Alternative will contribute the same amount of traffic trips as the Project. However, impacts to Transportation / Circulation (TRAF-1 and TRAF-4) will be reduced to less than significant, while impacts to Air Quality and GHG Emissions will continue to be potentially significant without mitigation implementation. Finding The Planning Commission (1) recommends adoption of this alternative as the approved “Revised Project” for all of the specific economic, social and environmental considerations stated in the Project findings and in the entirety of the proceedings; and (2) finds that each and any of these grounds separately and independently provide sufficient justification for adoption of this Alternative. Facts in Support of Finding ▪ The Applicant-Implemented Traffic Improvements Alternative would achieve all Project objectives. In addition, because this alternative would be providing up-front improvements that would improve the existing vehicular and Exhibit 2b - 25 pedestrian circulation network, some of the Project objectives would be further enhanced, including Objective #6. ▪ Since this Alternative would provide up-front improvements to improve the existing vehicular and pedestrian circulation network, it provides more efficient and improved intersection operations than as originally contemplated under the proposed Project. ▪ The Applicant-Implemented Traffic Improvements Alternative is identified in the DEIR as the Environmentally Superior Alternative. The Alternative would still contribute the same amount of traffic trips as the proposed Project, however, impacts to Transportation and Circulation would be reduced to less than significant, while impacts to Air Quality and GHG Emissions would continue to be potentially significant without mitigation implementation. ▪ The Applicant-Implemented Traffic Improvements Alternative creates a funding source and impetus to construct identified off -site improvements to alleviate potential traffic issues at the Los Gamos Drive / Lucas Valley Road intersection. ▪ The Applicant-Implemented Traffic Improvements Alternative would be consistent with and implement Policy C-6 of the San Rafael General Plan 2020. ▪ The City of San Rafael would benefit from a major monetary contribution of the intersection improvement and the intersection improvement itself, which is identified as an improvement required by the General Plan 2020. ▪ The Applicant-Implemented Traffic Improvements Alternative would commit Kaiser Permanente to funding the identified improvements in addition to paying its Traffic Mitigation Fees, the latter of which could be utilized for other traffic improvements throughout San Rafael. Recommended Alternative for Adoption Consistent with CEQA Guidelines Section 15126.6(e), an environmentally superior alternative must be identified among the alternatives that were studied. The DEIR concludes (Chapter 5.9; page 5-18 – 5-19) that the Environmentally Superior Alternative is the Applicant-Implemented Traffic Improvements Alternative for the following reasons: ▪ The Alternative meets, and in some cases additionally enhances, all Project objectives, including furthering community support of improved highway access and circulation. Furthermore, this Alternative includes additional circulation improvements, including upgrades to pedestrian sidewalks and bicycle lanes within the Project area. ▪ The Applicant-Implemented Traffic Improvements Alternative is feasible from policy, social, economic, and environmental standpoints. ▪ Although Impact TRAF-3 and TRAF-5 would remain significant and unavoidable under the Alternative for reasons discussed in DEIR Chapter 4.6 Transportation and Circulation due to the fact that the mitigation measures identified for the Los Gamos / Las Gallinas intersection are not proposed to be implemented by Marin County in the near future, the Applicant-Implemented Traffic Improvements Alternative would significantly reduce potential impacts to the local circulation network, and avoid significant impacts at the Los Gamos Drive / Lucas Valley Road intersection (Impacts TRAF-1 and TRAF-4). Environmental impacts associated with other potential areas of concern, including air quality and GHG emissions, will be mitigated to less than significant levels in this Alternative, as same under the proposed Project. Exhibit 2b - 26 ▪ The Applicant-Implemented Traffic Improvements Alternative mirrors the proposed Project in all instances, with the exception of additionally providing up-front improvements to improve the existing vehicular and pedestrian circulation network. As such, the “Project” as proposed under the Applicant-Implemented Traffic Improvements Alternative is fully analyzed in the DEIR, the and the findings of this resolution that address the proposed Project are adopted as similarly addressing the Applicant- Implemented Traffic Improvements Alternative. The Planning Commission, in its review of the Final EIR/Response to Comments (FEIR), considers this Applicant Implemented Traffic Improvements Alternative preferable to the originally proposed Project for all of the reasons and evidence presented above and as included in these findings based on the entirety of the proceedings. As such, the Planning Commission hereby recommends approval of the Applicant-Implemented Traffic Improvements Alternative as the adopted “Revised Project.” BE IT FURTHER RESOLVED, that the Planning Commission recommends to the City Council adoption of the following Statement of Overriding Considerations: G. STATEMENT OF OVERRIDING CONSIDERATIONS The City of San Rafael Planning Commission recommends adoption of the following Statement of Overriding Considerations based on information in the FEIR and all other information in the record, including the proposal of public benefits outlined in the July 25, 2018 letter from Judy Coffey, Kaiser Permanente’s SVP/Area Manager Marin/Sonoma Service Area to City Manager, Jim Schutz (on file with the Department of Community Development). The City recognizes that significant and unavoidable impacts would result from implementation of the Project. Pursuant to Section F of this Resolution, the Planning Commission recommends approval of the Applicant-Implemented Traffic Improvements Alternative as the adopted “Revised Project.” The Planning Commission hereby declares that, pursuant to State CEQA Guidelines Section 15093, the Commission has balanced the benefits of the Revised Project against any unavoidable environmental impacts in determining whether to approve the Revised Project. Pursuant to the State CEQA Guidelines, if the benefits of the Revised Project outweigh the unavoidable adverse environmental impacts, those impacts may be considered “acceptable.” The Planning Commission hereby declares that the EIR has identified and discussed significant effects which may occur as a result of the Revised Project. With the implementation of the Mitigation Measures discussed in the EIR and adopted by this Resolution, these effects can be mitigated to a level of less than significant except for the two unavoidable significant impact discussed in Section F of this Resolution. The Planning Commission hereby declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Revised Project. The Planning Commission hereby declares that to the extent any Mitigation Measures recommended in the EIR would not be incorporated, such Mitigation Measures are infeasible because they would impose restrictions on the Revised Project that would prohibit the realization of specific economic, social and other benefits that this Planning Commission finds outweigh the unmitigated impacts. The Planning Commission further finds that except for the Applicant-Implemented Traffic Improvements Alternative, all other alternatives set forth in the EIR are rejected as being either Exhibit 2b - 27 inconsistent with project objectives, infeasible because they would prohibit the realization of specific policy, social and other benefits that this City Council finds outweigh any environmental benefits of the alternatives, or are otherwise not environmentally superior. The reasons discussed below summarize the benefits, goals and objectives of the Revised Project, and provide, in addition to the findings, the detailed rationale for adoption of the Revised Project. Collectively, these overriding considerations are sufficient to outweigh the adverse environmental impacts of the Revised Project. The Planning Commission hereby declares that, having reduced the adverse significant environmental effect of the Project to the extent feasible by recommending adoption of the Mitigation Measures contained in this Resolution, having considered the entire administrative record on the Project, and having weighed the benefits of the Revised Project against its unavoidable adverse impact after mitigation, the Planning Commission recommends that each of the following social, economic and environmental benefits of the Revised Project separately and individually outweigh the single potential unavoidable adverse impact and render that potential adverse environmental impact acceptable based upon the following overriding considerations: 1. Furtherance of City Goals and Policies The Revised Project will implement, and is consistent with, City goals, objectives, policies and programs for the Project Site described in the following City General Plan Elements: Land Use, Neighborhood, Sustainability, Circulation, Economic Vitality, and Safety, as thoroughly analyzed in the Project DEIR. The Revised Project will also support San Rafael’s Objectives and Design Guidelines for the North San Rafael Commercial Center Neighborhood by proposing a design that provides an entry and focal point off Los Gamos Drive, provides building and parking area setbacks improved with drought-tolerant landscaping, and screens mechanical and other roof top equipment from view. Further, building interiors will be accented with artwork created by local artists. 2. Development of an Existing Infill Site The Revised Project will facilitate the development of an infill site in an existing urbanized area in San Rafael and will result in regional environmental benefits because it will not require the extension of utilities or roads into undeveloped areas, is convenient to major arterials, services and transit, including a SMART shuttle, and will not directly or indirectly lead to the development of greenfield sites in the San Francisco Bay Area. 3. Significant Community Benefits and Traffic/Infrastructure Investments The Revised Project, as defined and detailed in the DEIR’s Alternative 4: Applicant- Implemented Traffic Improvements, results in economic and community benefits to the City by providing more efficient and improved intersection operations. As explained in the DEIR, Kaiser Permanente will voluntarily construct identified traffic and infrastructure improvements at Los Gamos Drive and Lucas Valley Road above and beyond what is required by the City’s General Plan and the Project’s identified fair-share contribution in order to improve intersection operations and reduce Revised Project impacts to less than significant. Intersection improvements include grading and restriping, traffic signal installation, new sidewalks and curbs, pedestrian level lighting, and an extension of a Class II bicycle lane. In addition, as an additional community benefit and voluntary Revised Project contribution, Kaiser Permanente offers to fully fund these identified intersection Exhibit 2b - 28 improvements—at an approximate cost of $1,050,000—with no expectation of reimbursement by the City and County as initially contemplated in the DEIR. This voluntary contribution is in addition to $1,855,502 to be assessed by the City as a Project Development Impact Fee for Traffic Mitigation to be used toward future citywide circulation and improvement projects identified in the City’s General Plan. 4. Increased Economic Impacts to the City of San Rafael The Revised Project will positively contribute to the City’s local economy through new capital investment, as well as through retaining Kaiser’s approximately 315 employees in the City and adding an additional 174 construction and trades jobs at peak construction. These employees are a primary source of potential business as a result of their patronizing restaurants, shops and cafes. 5. Enhanced Public Safety and Public Health The Revised Project will provide a major medical care facility to serve existing and future demand in the City of San Rafael and greater Marin region, which will in turn result in an increase in the quality and efficiency of medical care delivery to patients. The Revised Project will supplement and support existing Kaiser medical offices, hospitals, and other facilities in the region that are currently constrained in their ability to enhance existing services or to renovate clinical areas. The Revised Project will also provide integrated care options for local residents at a conveniently located facility with easy access to the freeway and proximity to public transit options. As part of Kaiser Permanente’s Transportation Demand Management (TDM) plan intended to reduce midday and peak hour vehicle trips, the MOB will include a small café serving healthy meals and snacks, and healthy cooking demonstrations and nutrition talks will be available to members, staff, and nonmembers. The café will operate Monday-Saturday between the hours of 8am and 6pm. In addition, as an ancillary use to the Revised Project’s proposed primary care medical uses, Kaiser Permanente will relocate and expand its Health Education Center—a free and a valuable resource for individuals to access current information on health and wellness and disease management and online tools to help manage health conditions. Although Kaiser Permanente’s Health Education Center has always been open to the public, as part of the Project it will now be centrally located with greater accessibility to those who may be on campus or prescribed its use as medical follow up (e.g., smoking cessation, etc.). The expanded Health Education Center will provide: a. Health Education professionals available to assist with online health information searches, Monday-Friday, 9am- 5pm; b. Internet access to kp.org, My Doctor Online, the Kaiser Permanente Clinical Library, and other evidence-based health-related sites; c. Blood pressure self-check equipment; d. Body Mass Index scale and body fat composition analyzer; e. Health information tip sheets (electronic and soft copy); and f. Resting metabolic rate testing with weight management education, available to members and nonmembers for a nominal fee. The Health Education Center also offers classes to community members, including a no-cost, six-week smoking cessation program and classes on creating an Advance Health Care Directive. Exhibit 2b - 29 6. Implementation of Sustainable Development Strategies The Revised Project will implement a comprehensive environmental sustainability strategy, including complying with Title 24 (California Energy Efficiency Standards) and seeking to achieve a Certified Leadership in Energy and Environmental Design (LEED) Gold certification or equivalent. In order to achieve a high level of sustainability and a LEED Gold rating, Kaiser Permanente will also implement many of its current green strategies, such as: a. Solar panel distribution on the Project site is anticipated to provide much of the electrical needs at the building and parking structure; b. 39 Electric Vehicle charging stations will be installed at the MOB and parking structure, which exceeds the current local requirement and promotes Clean Vehicle use; c. Shuttles to transport members and staff from other local Kaiser Permanente facilities and the regional SMART rail service; d. Standard-55 American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) compliance, a 20% better energy performance than standard ASHRAE; e. Energy submetering for power, gas and water for optimal measurement and verification ability for post occupancy; f. Direct Digital Control HVAC system for maximum energy savings; g. High efficiency filtration for better indoor air quality; h. 100% LED lighting systems with occupancy sensors throughout building; i. High efficiency exterior that will reduce light pollution and save energy; j. Ultra-low flow water fixtures, including toilets and sinks; k. Photovoltaic thermal system that leverages the heat created in the photovoltaic system to heat the building water supply; l. Recycled water for landscaping irrigation, toilets, cooling towers and closed loop hydronic system; m. DIRTT Walls, an innovative, modular wall system that allows for future flexibility and reduction in initial construction waste and duration; n. Bike storage and racks for physicians, staff, and members; o. On-site showers for staff and physicians; and, p. Use of PVC-free materials, low or no volatile organic compound (VOC) free paints, CFC-free refrigerants, formaldehyde-free casework, and use of recycled building materials. 7. Greenhouse Gas Emissions Reduction and Congestion Relief The Revised Project incorporates a TDM plan that will encourage alternate modes of transportation other than single-occupancy vehicles. The following TDM plan will be provided: a. A TDM manager who is responsible for, but not limited to, developing and disseminating transportation information, aiding employees in the selection of transportation options, and communicating available transit alternatives; b. An on-line transit information center, as part of the internal website that provides information on the Kaiser Permanente TDM, that describes current public transit, vanpools, carpools and shuttle services serving the area; c. A carpool and vanpool matching program; d. Commuter subsidy for bicycle, transit or car/vanpool use (curr ent subsidy is $60/month); e. Pre-tax commuter spending accounts; f. Guaranteed Ride Home program; and Exhibit 2b - 30 g. Local Kaiser Shuttle to shuttle employees to and from SMART Station and other Kaiser facilities in the City of San Rafael. The Revised Project will also provide designated on-site bicycle parking, as well as dedicated parking for carpool/vanpools and electric charging stations for electric vehicles. The Project at 1650 Los Gamos Drive would promote sustainability by providing a centralized medical office facility that is in close proximity for all Marin residents. As noted above, patients currently visit several different Kaiser facilities throughout Marin County. The development of the MOB should eliminate current vehicle trips traveled through existing neighborhoods in San Rafael, which will, in turn reduce greenhouse gas emissions and other related hazards. H. ADOPTION OF MITIGATION MONITORING AND REPORTING PROGRAM Pursuant to Public Resources Code section 21081.6, the Planning Commission hereby recommends adoption of the Mitigation Monitoring and Reporting Program attached to this Resolution as Table A, to be made a condition of approval of the Revised Project. In the event of any inconsistencies between the Mitigation Measures as set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. I. STAFF DIRECTION A Notice of Determination shall be filed with the County of Marin and the State Clearinghouse within five (5) working days of final Project approval. The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission held on the 28th day of August 2018. Moved by Commissioner and seconded by Commissioner : AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: ______________________ BY:______________________ Paul A. Jensen, Secretary Sarah Loughran, Vice-Chair Table A – Mitigation Monitoring and Reporting Program (MMRP) Exhibit 2b Table A- 1 TABLE A MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Implementation Responsibility Agency Responsible for Monitoring Monitoring and Reporting Action Monitoring Schedule Compliance Verification Aesthetics MM AES-1: Prior to the issuance of any building permits, the Project applicant shall submit to the satisfaction of the Community Development Department Director, Project building plans that include a photometric lighting study demonstrating that outdoor lighting fixtures meet the requirements of the California Energy Code (known as Part 6, Title 24 of the California Code of Regulations). Applicant/Contractor Planning Department/ Building Division City of San Rafael Planning Department to confirm photometric study and lighting plan. City of San Rafael Building Department to review Plan for compliance with required lighting specifications Prior to issuance of building permit. Verified by: Date: Air Quality MM AIR-1. Include basic measures to control dust and exhaust during construction. During any construction period ground disturbance, Kaiser Permanente shall ensure that the Project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less than significant level. The contractor shall implement the following best management practices that are required of all projects: 1) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 2) All haul trucks transporting soil, sand, or other loose material off- site shall be covered. 3) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). 5) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are Applicant/Contractor Planning Department/ Building Division City of San Rafael Planning Department to confirm site and equipment specifications are identified on applicable construction plans and specifications. Prior to issuance of building permit. Verified by: Date: City of San Rafael Building Division to inspect site during construction to ensure compliance with Project construction plans. During construction Exhibit 2b Table A- 2 Mitigation Measures Implementation Responsibility Agency Responsible for Monitoring Monitoring and Reporting Action Monitoring Schedule Compliance Verification used. 6) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 7) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 8) Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Biological Resources MM BIO-1: Prior to issuance of a grading or building permit, the Project sponsor shall conduct a preconstruction nesting bird and bat survey. Preconstruction surveys shall include the following: 1) Perform any vegetation trimming and/or removal outside of the bird nesting season (Sept. 1 – Feb. 14); 2) Provide a worker environmental awareness training for construction personnel; 3) Perform preconstruction surveys for nesting migratory birds by a qualified biologist no more than 72 hours prior to the start of construction for activities occurring during the breeding season (February 15 to August 31); and 4) If work is to occur within 300 feet of active raptor nests or 50 feet of active passerine nests, non-disturbance buffers will be established at a distance sufficient to minimize disturbance. Applicant/Biologist/ Contractor Planning Department City of San Rafael Planning to review and approve a qualified biologist. Prior to issuance of building permit. Verified by: Date: Conduct pre-construction survey per time frames described in Mitigation Measure BIO-1. Prior to construction Follow protocol described in Mitigation Measure BIO-1 during construction. During construction Hydrology and Water Quality MM HYDRO-1: Prior to grading activities, the Project applicant shall Applicant/Contractor Building City of San Rafael / RWQCB to review and Prior to issuance of Verified by: Exhibit 2b Table A- 3 Mitigation Measures Implementation Responsibility Agency Responsible for Monitoring Monitoring and Reporting Action Monitoring Schedule Compliance Verification prepare a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of the statewide Construction General Permit. The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD). The SWPPP shall include the minimum Best Management Practices (BMPs) required for the identified risk level. The SWPPP shall be designed to address the following objectives: 1) All pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity are controlled; 2) Where not otherwise required to be under a Regional Water Quality Control Board permit, all non‐stormwater discharges are identified and either eliminated, controlled, or treated; 3) Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non‐stormwater discharges from construction activity; and 4) Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed. 5) BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook‐Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual. Department / Public Works/ RWQCB approve SWPPP building permit. Date: Implement BMPs prior/during construction Field inspections during construction MM HYDRO-2: Prior to a certificate of occupancy, the Project applicant shall verify that operational stormwater quality control measures that comply with the requirements of the current Phase II Small MS4 Permit have been implemented. Responsibilities include but are not limited to: 1) Designing BMPs into Project features and operations to reduce potential impacts to surface water quality and to manage changes in the timing and quantity of runoff associated with operation of the Project. These features shall be included in the design‐level drainage plan and final development drawings. 2) The proposed Project shall incorporate site design measures and Low Impact Development design standards, including minimizing disturbed areas and impervious surfaces, infiltration, harvesting, Applicant/Engineer Public Works/Planning Department/ RWQCB City of San Rafael DPW reviews Project Applicant Checklist for NPDES Permit Requirements and Post-Construction BMP Operation and Maintenance Plan Prior to certificate of occupancy Verified by: Date: Implement BMPs prior/during to construction Field inspections during construction Review annual Post- Exhibit 2b Table A- 4 Mitigation Measures Implementation Responsibility Agency Responsible for Monitoring Monitoring and Reporting Action Monitoring Schedule Compliance Verification evapotranspiration, and/or bio‐treatment of stormwater runoff. 3) The project applicant shall establish an Operation and Maintenance Plan. This plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the Phase II Small MS4 Permit. 4) Funding for long‐term maintenance of all BMPs shall be specified. monitoring report construction Noise MM NOISE-1. Incorporate best management practices during Project construction activities. Reasonable regulation of the hours of construction, as well as regulation of the arrival and operation of heavy equipment and the delivery of construction material, are necessary to protect the health and safety of persons, promote the general welfare of the community, and maintain the quality of life. In compliance with the City’s Municipal Code, the Project shall adhere to the allowable construction hours of 7:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on Saturdays. Construction activities are prohibited on Sundays and national holidays. Additionally, the construction crew shall adhere to the following construction best management practices to reduce construction noise levels emanating from the site and minimize disruption and annoyance at existing noise-sensitive receptors in the Project vicinity. Construction Best Management Practices In order to reduce potential significant impacts from temporary construction activities, Kaiser Permanente shall be required to develop a construction noise control plan, including, but not limited to, the following available controls: 1) Construct temporary noise barriers, where feasible, to screen stationary noise-generating equipment. Temporary noise barrier fences would provide a 5 dBA noise reduction if the noise barrier interrupts the line-of-sight between the noise source and receptor and if the barrier is constructed in a manner that eliminates any cracks or gaps. 2) Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. 3) Unnecessary idling of internal combustion engines should be strictly prohibited. Applicant/Contractor Planning Department/ Building Department City of San Rafael Planning / Building to review and approve project specifications and grading and construction plans for inclusion of this measure into specifications. Prior to issuance of building permit. Verified by: Date: Implement noise reduction measures during construction hours Field inspections during construction Exhibit 2b Table A- 5 Mitigation Measures Implementation Responsibility Agency Responsible for Monitoring Monitoring and Reporting Action Monitoring Schedule Compliance Verification 4) Locate stationary noise-generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors as feasible. If they must be located near receptors, adequate muffling (with enclosures where feasible and appropriate) shall be used to reduce noise levels at the adjacent sensitive receptors. Any enclosure openings or venting shall face away from sensitive receptors. 5) Utilize "quiet" air compressors and other stationary noise sources where technology exists. 6) Construction staging areas shall be established at locations that will create the greatest distance between the construction- related noise sources and noise-sensitive receptors nearest the Project site during all Project construction. 7) Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors. 8) Route construction-related traffic along major roadways and as far as feasible from sensitive receptors. 9) Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the Project site. 10) The contractor shall prepare a detailed construction schedule for major noise-generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance. 11) Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors regarding the construction schedule. 12) The implementation of the reasonable and feasible controls outlined above would reduce construction noise levels emanating from the site by 5 to 10 dBA in order to minimize disruption. With the implementation of these controls, as well as the Municipal Code limits on allowable construction hours, and considering that construction is temporary, the impact would be Exhibit 2b Table A- 6 Mitigation Measures Implementation Responsibility Agency Responsible for Monitoring Monitoring and Reporting Action Monitoring Schedule Compliance Verification reduced to a less-than-significant level. Transportation and Circulation MM TRAF-1. Signalize Lucas Valley Road / Los Gamos Drive. In coordination with the City of San Rafael, the County of Marin Department of Public Works, and Caltrans, Kaiser Permanente shall pay the fair share cost to signalize the Lucas Valley Road / Los Gamos Drive intersection to mitigate poor operating conditions. Signalizing the intersection is consistent with improvements identified in the San Rafael General Plan 2020. Due to its close proximity to the US-101 Ramp terminal intersections, the new signal should include traffic signal interconnect and be coordinated with the adjacent interchange signals. Additionally, interagency coordination will be required during design, construction and maintenance of the new signal. Therefore, a memorandum of understanding (MOU) will be required between the City of San Rafael and the County of Marin to document the management and maintenance of the new signal, since the US 101/Lucas Valley interchange signals and the new Lucas Valley Road / Los Gamos Drive signal would need to be operated and maintained by one or multiple agencies. Signalizing the intersection would mitigate the project impact to a less than significant impact. However, implementation of the mitigation measure requires the intersection improvements to be fully funded and constructed. Therefore, until and unless the MOU and fair-share contributions are finalized, and the design and construction of the intersection is permitted and approved, the Project will result in a significant and unavoidable impact. Applicant/Contractor Public Works/ Planning Department/ County of Marin/ Caltrans City of San Rafael to prepare MOU prior to Project approval. Review MOU and project plans to ensure measure is implemented. Prior to final occupancy Verified by: Date: Installation of signal / conduit Site inspection post- construction MM TRAF-2. Kaiser Permanente shall implement additional TDM measures. Kaiser Permanente shall implement a TDM program, as described in Chapter 3: Project Description and Section 4.6.4.2: Transportation Demand Management Considerations of this traffic impact Applicant/Contractor Public Works/ Planning Department City of San Rafael Planning/DPW to review TDM to ensure measures are implemented. Prior to final occupancy Verified by: Date: Exhibit 2b Table A- 7 Mitigation Measures Implementation Responsibility Agency Responsible for Monitoring Monitoring and Reporting Action Monitoring Schedule Compliance Verification chapter (Section 3.1.1 of the 1650 Los Gamos Drive FTIA). Implementation of these TDM strategies would go beyond what is required as part of the PD District, with the goal of reducing employee vehicle trips, thereby reducing the Project’s impact on the regional network. Based on a quantitative assessment of the TDM measures proposed in the 1650 Los Gamos Drive FTIA, the TDM strategies may yield a Project vehicle trip generation reduction of up to 12-percent between the Miller Creek Off-Ramp and Miller Creek On-Ramp. If maximally effective, implementation of the Project’s TDM strategies would result in a project trip reduction of up to 10-15 AM peak hour trips along this segment, which would result in a project contribution of less than a 0.01 increase in volume to capacity ratio. As presented in the 1650 Los Gamos Drive FTIA, implementation of the Project’s TDM measures will achieve this reduction, however, Kaiser will annually quantitatively analyze and monitor employee vehicle trip generation data via comprehensive employee surveys and make adjustments to its TDM measures as needed to achieve the stated reduction. As described in the 4.6.4.2: Transportation Demand Management Considerations and the Fehr & Peers 1650 Los Gamos Drive FTIA, Kaiser Permanente shall conduct an annual employee survey and prepare a monitoring report that evaluates the effectiveness of the Project’s TDM Plan. The TDM program will be submitted to the City of San Rafael for comment and review. Kaiser Permanente will coordinate with the City of San Rafael, as necessary. The annual survey shall demonstrate how the TDM measures reduce the Project’s impact to peak-hour volume to capacity ratio for the Miller Creek On and Off Ramp. Applicant to submit report by December 1st, annually. Exhibit 2b Table A- 8 Mitigation Measures Implementation Responsibility Agency Responsible for Monitoring Monitoring and Reporting Action Monitoring Schedule Compliance Verification MM TRAF-3. Improve Intersection Operations at Lucas Valley Road/Las Gallinas Avenue. Improvements at the Lucas Valley Road/Las Gallinas Avenue intersection have yet to be identified through the City of San Rafael’s General Plan 2020; however, several vehicle capacity improvements (such as reconfiguring the intersection to remove channelized turn islands or replacing the existing signal with a roundabout) may be considered by the City of San Rafael to mitigate poor operating conditions at the intersection. Capacity increasing improvements include various trade-offs, however. For example, adding capacity could facilitate more vehicular traffic but this could also have an adverse impact to pedestrians and bicyclists and result in the diversion of more pass-through traffic along Las Gallinas Avenue and an increase in VMT. Although mitigation is possible at this intersection to address Project impacts, the intersection is outside of the City’s jurisdiction and specific improvements have yet to be identified by either the City of San Rafael or the County of Marin. As such, the feasibility of potential mitigations will require further study and coordination with local neighborhood groups, the City of San Rafael, and the County of Marin, who operates and maintains the existing traffic signal. Since the City cannot legally implement mitigation measures outside of its jurisdiction, this potential mitigation is infeasible from both a legal and public policy standpoint. Ultimately, the City of San Rafael, in coordination with the County of Marin, would be responsible for implementing improvements, of which Kaiser Permanente would pay its fair share; however, as discussed above, since the intersection is not part of a traffic fee program and intersection improvements have yet to be identified, the Project would result in a significant and unavoidable. Applicant/Contractor Public Works/ Planning Department/ County of Marin Review MOU to ensure measure and fair-share contribution is implemented. Prior to final occupancy Verified by: Date: Exhibit 2b Table A- 9 Mitigation Measures Implementation Responsibility Agency Responsible for Monitoring Monitoring and Reporting Action Monitoring Schedule Compliance Verification MM TRAF-4. Signalize and Reconfigure the Lucas Valley Road/Los Gamos Drive Intersection. In coordination with the City of San Rafael Department of Public Works, the County of Marin Department of Public Works, and Caltrans, Kaiser Permanente shall pay a fair share contribution to the reconfiguring and signalization of the Lucas Valley Road/Los Gamos Drive Intersection. The San Rafael General Plan 2020 (Exhibit 21 #2) identifies improvements at this intersection, including signalizing the intersection, adding dual westbound left turn lanes, reconfiguring the northbound approach, and removing existing striped channelized islands, as illustrated in Figure 4.6-13. Due to its close proximity to the US-101 Ramp terminal intersections, the new signal should include traffic signal interconnect and be coordinated with the adjacent interchange signals. Additionally, since the majority of the intersection is located within the County of Marin jurisdiction, interagency coordination will be required during design, construction and maintenance of the new signal. Furthermore, a memorandum of understanding (MOU) will be required between the City of San Rafael and the County of Marin to document the management and maintenance of the intersection and signals since the US 101/Lucas Valley interchange signals and the new Lucas Valley Road / Los Gamos Drive signal would be operated and maintained by one or multiple agencies. Implementing these improvements would mitigate the Project’s impact to less than significant. However, until the intersection is fully funded, approved by the referenced public agencies, and constructed, the impact to the level of service would remain. Therefore, until and unless the MOU and fair-share contributions are finalized, the design and construction of the intersection is permitted and approved by all parties, the Project will result in a significant and unavoidable impact. Applicant/Contractor Public Works/ Planning Department/ County of Marin/ Caltrans Review MOU and project plans to ensure measure is implemented. Installation and construction of traffic signal and associated improvements Prior to final occupancy Verified by: Date: Cultural Resources MM CULT-1: Protect Archaeological Resources Identified during Construction: The Project sponsor shall ensure that construction crews stop all work within 100 feet of the discovery until a qualified archaeologist can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic features such as artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe, stone, or concrete walls or foundations, and concentrations of ceramic, glass, or metal materials. Native American archaeological materials Applicant/Contractor Planning Department Applicant to retain qualified archaeologist to implement protocol described in Mitigation Measure CULT-1 Prior to and during construction Verified by: Date: Exhibit 2b Table A- 10 Mitigation Measures Implementation Responsibility Agency Responsible for Monitoring Monitoring and Reporting Action Monitoring Schedule Compliance Verification could include obsidian and chert flaked stone tools (such as projectile and dart points), midden (culturally derived darkened soil containing heat- affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (such as mortars and pestles). MM CULT-2: Protect Human Remains Identified During Construction: The Project proponent shall treat any human remains and associated or unassociated funerary objects discovered during soil- disturbing activities according to applicable State laws. Such treatment includes work stoppage and immediate notification of the Marin County Coroner and qualified archaeologist, and in the event that the Coroner’s determination that the human remains are Native American, notification of NAHC according to the requirements in PRC Section 5097.98. NAHC would appoint a Most Likely Descendant (MLD). A qualified archaeologist, Project proponent, County of Marin, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5[d]). The agreement would take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, and final disposition of the human remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach agreement on these matters. Applicant/Contractor Building Department/ Planning Department City of San Rafael Planning to verify mitigation measure on construction plans. Prior to issuance of grading permit Verified by: Date: Applicant to retain qualified archaeologist to implement protocol described in Mitigation Measure CULT-2 During construction MM TRIBAL-1: Implementation of the unanticipated discovery measures outlined in Section V(b) and (d) above, address the potential discovery of previously unknown resources within the project area. If significant tribal cultural resources are identified onsite, all work would stop immediately within 50 feet of the resource(s) and the project applicant would comply with all relevant State and City policies and procedures prescribed under PRC Section 21074. Applicant/Contractor Planning Department/ Federated Indians of Graton Rancheria Applicant to immediately retain Tribal Historic Preservation Officer (THPO) to implement protocol described in Mitigation Measure TRIBAL-1 During construction Verified by: Date: Exhibit 2c-1 RESOLUTION NO. 18- RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO PLANNED DEVELOPMENT (PD-1590) ZONING TO: 1) SEPARATE 1650 LOS GAMOS DR. FROM EXISTING PD-1590 AND 2) CREATE A NEW PD ZONING DISTRICT FOR 1650 LOS GAMOS DR. WITH LAND USE REGULATIONS AND DEVELOPMENT STANDARDS TO ALLOW MEDICAL OFFICE USE IN ADDITION TO GENERAL OFFICE USES FOR KAISER PERMANENTE AT 1650 LOS GAMOS DR. APN’s 165-220-12 &13 WHEREAS, in 1972, the City of San Rafael adopted an Administrative Professional / Planned Unit Development Administrative Professional District (AP and PUD-AP District) establishing Lucas Green I for the 1600 Los Gamos Dr. property. The 38.4-acre Lucas Green Master Plan was adopted to permit development of general office, administrative office, a computer center and associated parking and related uses for the specific parcels within the Plan Area. WHEREAS, in 1979, the overlaying zoning district was amended (to PD-1350 District) to allow the construction of Lucas Green II at 1650 Los Gamos Dr. with the condition that 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 Gamos Dr.; and WHEREAS, Kaiser Permanente’s application for the PD rezoning proposes to sever the 1650 Los Gamos Dr. property from the larger PD-1590 Zoning District that encompasses both the 1600 Los Gamos Dr. and 1650 Los Gamos Dr. properties, and create a new separate PD Zoning District for the 1650 Los Gamos Dr. property only that would allow for medical office use, in addition to general office and other ancillary use s; and WHEREAS, a proposed PD zoning for Kaiser Permanente (Development Plan) is presented in attached Exhibits A and B. The PD proposes: a. To sever 1650 Los Gamos Dr. from existing PD-1590; b. Create a new PD Zoning District for the 1650 Los Gamos Dr. property; c. Establish permitted land uses in the new PD, including medical office uses in addition to general office and other ancillary uses; and d. Establish development standards, including parking requirements for the PD. Exhibit 2c-2 WHEREAS, upon review of the subject applications, an Initial Study was prepared in June 2017, consistent with the requirements of the California Environmental Quality Act (CEQA) which that there could be potentially significant impacts to the following issues: Air Quality, Greenhouse Gas Emissions, Land Use, Noise, Transportation and Circulation, and Project Alternatives; and WHEREAS, on June 27, 2017, the Planning Commission (Commission) held an appropriately noticed public scoping hearing on the Notice of Preparation (NOP) for the preparation of an Environmental Impact Report (EIR) to assess the impacts of the Project. The Planning Commission directed staff to prepare an EIR for the Project pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) to address the following issues, Aesthetics, Air Quality, Greenhouse Gas Emissions, Land Use and Planning, Noise, Traffic and Transportation, and Project Alternatives, as per the Initial Study previously prepared for the Project on June 9, 2017; and WHEREAS, on September 6, 2017, the City of San Rafael Design Review Board (DRB) conducted a duly-noticed public meeting and reviewed the conceptual plans submitted for the Project. The DRB generally expressed support for the proposed parking structure design but requested modifications to the façade to hide the “parking garage” look and requested that the structure be set back from the road; and WHEREAS, on April 13, 2018, Kaiser Permanente resubmitted a revised parking structure design proposing construction of a 473-space, three-level plus upper ramp, parking structure at the same location as originally proposed; and WHEREAS, the DEIR was completed and a Notice of Completion (NOC) was filed and the DEIR was made available and circulated for a 45-day public comment period, beginning on March 8, 2018 and closing on April 23, 2018; and WHEREAS, on April 24, 2018, the Planning Commission held a duly noticed public hearing to accept comments on the DEIR and directed staff to prepare a Final Environmental Impact Report (FEIR); and WHEREAS, on May 22, 2018, the DRB 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 DRB conducted a duly-noticed public meeting and reviewed the revised plans in response to its May 22, 2018 comments and found that the revisions had adequately addressed their comments and unanimously voted (5- 0) to recommend approval of the Project design to the Planning Commission; and WHEREAS, the Final EIR was prepared and released for public review on August 10, 2018; and Exhibit 2c-3 WHEREAS, in considering the PD Rezoning, Master Use Permit, Environmental and Design Review Permit and Sign Program Amendment applications, the Planning Commission has reviewed and considered the FEIR and all applicable mitigation measures therein. The FEIR concludes that the Project will result in significant and unavoidable adverse environmental traffic impacts to the Los Gamos Dr. / Lucas Valley Rd. and Las Gallinas Dr. / Lucas Valley Rd. intersections. Although these impacts could be mitigated to less-than-significant levels through the implementation of identified mitigation measures, the intersections are outside of the City’s jurisdiction and require authorization and permits by the County of Marin and the California Department of Transportation (CALTRANS). As such, since the City cannot legally implement mitigation measures outside of its jurisdiction, the impacts are identified in the FEIR as significant and unavoidable. The FEIR also identifies Alternative 4: “Applicant- Implemented Traffic Improvements” as the Environmentally Superior Alternative and concludes that it would eliminate significant and unavoidable impacts to the Los Gamos Dr. / Lucas Valley Rd. intersection. The Planning Commission has weighed the Project benefits against the unavoidable, adverse environmental effects. By separate resolution, consistent with CEQA Guidelines Section 15063 and consistent with San Rafael General Plan 2020 Circulation Element Policy C-6 (Proposed Improvements), recommends adoption of a Statement of Overriding Considerations, which supports approval of the Project and the accompanying planning applications. This separate Resolution also recommends 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 held a duly-noticed public hearing on the Project, including the PD Rezoning (ZC17-001), Use Permit Amendment (UP17-005), Environmental and Design Review Permit (ED17-011), and Sign Program Amendment (SP17-001), accepting all oral and written public testimony and the written report of the Community Development Department Planning staff and closed said hearing on that date; and WHEREAS, the Planning Commission, by separate Resolution, recommended to the City Council adoption of an Ordinance to modify PD-1590 for the 1600 Los Gamos Dr. property to remove all references to the 1650 Los Gamos Dr. property; and WHEREAS, on August 28, 2018, the Planning Commission considered the responses to comments contained in the FEIR and recommended to the City Council, by separate Resolution, certification of the Final EIR in that it complies with all requirements of CEQA; and WHEREAS, on August 28, 2018, the Planning Commission also recommended to the City Council, by separate Resolution, adoption of Statement of Overriding Considerations and Approval of the Mitigation Monitoring and Reporting Plan (MMRP); and WHEREAS, on August 28, 2018, the Planning Commission also recommended to the City Council, by separate Resolution, approval of the Use Permit Amendment (UP17-005), Environmental and Design Review Permit (ED17-011), and Sign Program Amendment (SP17-001); and Exhibit 2c-4 WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. NOW THEREFORE BE IT RESOLVED, that the Planning Commission makes the following findings, as required under City of San Rafael Zoning Ordinance Sections 14.27.060 and 14.07.090 in adopting the proposed PD District for the Project site: 1. The proposed PD amendment to sever the 1650 Los Gamos Dr. 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 Dr. 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 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 Exhibit 2c-5 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 Dr. 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. 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 Dr. / Lucas Valley Rd. 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 Dr. / 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 Exhibit 2c-6 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 surrounding 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 (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 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 zoning provisions of the San Rafael Municipal Code (SRMC) Title 14. Specifically, the proposed amendment to allow medical office uses within the General Plan Office designation would be consistent, in part, with the zoning definition for medical office use in the San Rafael Municipal Code (SRMC) Title 14 (Zoning). SRMC Title 14 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 Planning Commission has determined, through recommendation of adoption of a separate resolution of CEQA Findings of Fact and Statement of Findings of Overriding Considerations, that the benefits of Exhibit 2c-7 the Project outweigh the unavoidable, adverse environmental effects of the action to amend the PD District. The findings in that separate resolution are reaffirmed herein to support this action to amend the PD- 1590 District. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael does hereby recommend that the City Council adopt the proposed PD Rezoning to the PD District for the Project as presented in the PD Rezoning map attached as Exhibit A, with the PD District subject to the land use regulations and development standards outlined in Exhibit B and applicable to the property identified in the legal description provided in Exhibit C. The foregoing resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 28th day of August 2018. AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: _______________________________ _____________________ Paul A. Jensen, Secretary Sarah Loughran, Vice-Chair EXHIBITS A: Map of Properties Subject to PD Amendment B Land Use and Development Standards C: Legal Description Exhibit 2c-8 “EXHIBIT A” PD Rezoning to sever the above two 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 Land use and Development Standards contained in Exhibit B Exhibit 2c-9 “EXHIBIT B” 1650 Los Gamos Dr. – 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 Dr. (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 café. 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 2c-10 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 as 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 2c-11 “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 2d-1 RESOLUTION NO. 18- RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A CITY-INITIATED AMENDMENT TO EXISTING PLANNED DEVELOPMENT (PD-1590) ZONING FOR 1600 LOS GAMOS DR. TO REMOVE REFERENCES TO THE 1650 LOS GAMOS DR. PROPERTY FROM THE PD DISTRICT TEXT, SINCE THE PROPERTY WAS REZONED INTO A SEPARATE PD DISTRICT BY SEPARATE ACTION. (THE MARIN COMMONS OFFICE DISTRICT- APN’s: 165-220-10 &11) WHEREAS, in 1972, the City of San Rafael adopted an Administrative Professional / Planned Unit Development Administrative Professional District (AP and PUD-AP District) establishing Lucas Green I for the 1600 Los Gamos Dr. property. The 38.4-acre Lucas Green Master Plan was adopted to permit development of general office, administrative office, a computer center and associated parking and related uses for the specific parcels within the Plan Area. WHEREAS, in 1979, the overlaying zoning district was amended (to PD-1350 District) to allow the construction of Lucas Green II at 1650 Los Gamos Dr. with the condition that 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 Gamos Dr.; and WHEREAS, the application for PD rezoning by Kaiser Permanente proposes to sever the 1650 Los Gamos Dr. property from the larger PD-1590 Zoning District that covers both 1600 and 1650 Los Gamos Dr. to create a separate PD zoning that would allow medical office use at 1650 Los Gamos Dr.; and WHEREAS, the removal of the 1650 Los Gamos Dr. property from PD-1590 without a PD rezoning would result in continued references to the 1650 Los Gamos Dr. property in the PD1590 language; and WHEREAS, the current property owner of 1600 Los Gamos (County of Marin) has neither applied for, nor requested, any changes to PD 1590; and WHEREAS, to reduce future confusion in having outdated references to the 1650 Los Gamos Dr. property contained in PD-1590, which, as a result of the PD rezoning, would only govern the 1600 Los Gamos property, the City has initiated this PD rezoning Exhibit 2d-2 to clean up PD-1590 and remove any reference to 1650 Los Gamos Dr property form that PD; and WHEREAS, draft amendments to the PD-1590 District Marin Commons (Development Plan) have been prepared and are presented in attached Exhibit B with strikethrough/underline format. The draft amendments propose: a. General edits and updates to the current PD-1590 District to omit obsolete uses and references to the 1650 Los Gamos Dr. property and improve reference to specific lots and parcels within the PD District to ensure proper tracking of regulations and provisions; and b. No changes are proposed to PD-1590, aside from removal of obsolete references mentioned above, would be created through the bifurcation of 1650 Los Gamos Dr. into a new PD District. WHEREAS, upon review of the subject applications, an Initial Study was prepared in June 2017, consistent with the requirements of the California Environmental Quality Act (CEQA) which found that there could be potentially significant impacts to the following issues: Air Quality, Greenhouse Gas Emissions, Land Use, Noise, Transportation and Circulation, and Project Alternatives; and; and WHEREAS, on June 27, 2017, the Planning Commission (Commission) held an appropriately noticed public scoping hearing on the Notice of Preparation (NOP) for the preparation of an Environmental Impact Report (EIR) to assess the impacts of the Project. The Planning Commission directed staff to prepare an EIR for the Project pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) to address the following issues, Aesthetics, Air Quality, Greenhouse Gas Emissions, Land Use and Planning, Noise, Traffic and Transportation, and Project Alternatives, as per the Initial Study previously prepared for the Project on June 9, 2017; and WHEREAS, on September 6, 2017, the City of San Rafael Design Review Board (DRB) conducted a duly-noticed public meeting and reviewed the conceptual plans submitted for the project. The DRB generally expressed support for the proposed parking structure design but requested modifications to the façade to hide the “parking garage” look and 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 DEIR was completed and a Notice of Completion (NOC) was filed and the DEIR was made available and circulated for a 45-day public comment period, beginning on March 8, 2018 and closing on April 23, 2018; and WHEREAS, on April 24, 2018, the Planning Commission held a duly noticed public hearing to accept comments on the DEIR and directed staff to prepare a Final Environmental Impact Report (FEIR); and Exhibit 2d-3 WHEREAS, on May 22, 2018, the DRB conducted a duly-noticed public meeting and reviewed the design of the formal applications. The Board reviewed the project and voted unanimously to continue the matter to date uncertain, subject to the following consensus recommendations; and WHEREAS, on July 2, 2018, Kaiser Permanente resubmitted a revised parking structure design proposing construction of a 433-space, three-level, parking structure on the western parcel of a 11.2-acre property at 1650 Los Gamos Dr. WHEREAS, on July 17, 2018, the DRB conducted a duly-noticed public meeting and reviewed the revised plans in response to their May 22, 2018 comments found that the revisions had adequately addressed their prior comments and unanimously voted (5- 0) to recommend approval of the project design to the Planning Commission; and WHEREAS, the Final EIR was prepared and released for public review on August 10, 2018; and WHEREAS, in considering the PD Rezoning, Master Use Permit, Environmental and Design Review Permit and Sign Program Amendment applications, the Planning Commission has reviewed and considered the FEIR and all applicable mitigation measures therein. The FEIR concludes that the Project will result in significant and unavoidable adverse environmental traffic impacts to the Los Gamos Dr. / Lucas Valley Rd. and Las Gallinas Dr. / Lucas Valley Rd. intersections. Although these impacts could be mitigated to less-than-significant levels through the implementation of identified mitigation measures, the intersections are outside of the City’s jurisdiction and require authorization and permits by the County of Marin and the California Department of Transportation (CALTRANS). As such, since the City cannot legally implement mitigation measures outside of its jurisdiction, the impacts are identified in the FEIR as significant and unavoidable. The FEIR also identifies Alternative 4: “Applicant- Implemented Traffic Improvements” as the Environmentally Superior Alternative and concludes that it would eliminate significant and unavoidable impacts to the Los Gamos Dr. / Lucas Valley Rd. intersection. The Planning Commission has weighed the Project benefits against the unavoidable, adverse environmental effects. By separate resolution, consistent with CEQA Guidelines Section 15063 and consistent with San Rafael General Plan 2020 Circulation Element Policy C-6 (Proposed Improvements), recommends adoption of a Statement of Overriding Considerations, which supports approval of the Project and the accompanying planning applications. This separate Resolution also recommends 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 held a duly-noticed public hearing on the Project, including the PD Rezoning (ZC17-001), Use Permit Amendment (UP17-005), Environmental and Design Review Permit (ED17-011), and Sign Program Amendment (SP17-001), accepting all oral and written public testimony and the written report of the Community Development Department Planning staff and closed said hearing on that date; and WHEREAS, the Planning Commission, by separate Resolution, recommended to the City Council adoption of an Ordinance to modify PD-1590 for the 1650 Los Gamos Dr. property to establish a new PD District; and Exhibit 2d-4 WHEREAS, on August 28, 2018, the Planning Commission considered the responses to comments contained in the FEIR and recommended to the City Council, by separate Resolution, certification of the Final EIR in that it complies with all requirements of CEQA; and WHEREAS, on August 28, 2018, the Planning Commission also recommended to the City Council, by separate Resolution, adoption of Statement of Overriding Considerations and Approval of the Mitigation Monitoring and Reporting Plan (MMRP); and WHEREAS, on August 28, 2018, the Planning Commission also recommended to the City Council, by separate Resolution, approval of the Use Permit Amendment (UP17-005), Environmental and Design Review Permit (ED17-011), and Sign Program Amendment (SP17-001); and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. NOW THEREFORE BE IT RESOLVED, that the Planning Commission makes the following findings, as required under Zoning Ordinance Sections 14.27.060 and 14.07.090 in adopting the proposed minor amendments to PD-1590 District: 1. The proposed amendments to the PD-1590 District would be consistent with the San Rafael General Plan 2020 in that: a. As proposed, the continuation of existing land uses are consistent with Land Use Element Policies LU-23 (Land Use Map and Categories), LU-I0 (Planned Development), LU-9 (Intensity of Nonresidential Development), LU-14 (Land Use Compatibility) in that these uses would be compatible with the current land uses allowed under the PD-1590 District adopted for this site; and compatible with existing land uses found in the surrounding area. b. As proposed, the continuation of existing land uses would be consistent and not in conflict with Circulation Element Policies C-5 (Traffic Level of Service Standards) C-6 (Proposed Improvements), C-7 (Circulation Improvements Funding) and C-12 (Transportation Demand Management) in that: the increase in traffic estimated for these uses would not impact or change level of service conditions at local intersections nor would they warrant new transportation improvements. c. As proposed, the continuation of existing 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 and allow compatible land uses. d. As proposed, the continuation of existing land uses would be consistent with the Community Design Element Policy CD-21 (parking lot landscaping) in that: the uses proposed will have an existing landscaping Exhibit 2d-5 plan that will provide shade cover and adequate screening of vehicles within parking lot areas. e. As proposed, the continuation of existing land uses would be consistent with the Economic Vitality Element Policy EV-1 (Economic Health and Quality of Life) and EV-2 (Policy EV-2. Seek, Retain, and Promote Businesses that Enhance San Rafael) in that: the uses proposed will ensure a local employer will continue to provide jobs and access to health services in a centrally located office building close to freeway access. f. As proposed, the continuation of existing land uses would be consistent with newly adopted Sustainability Element Policies SU-1 (Land Use) and SU-2 (Promote Alternative Transportation), and the adopted Climate Change Action Plan in that: the uses are proposed within an existing and approved development office park that is close to public transit (both bus stop on Highway 101 and SMART rail station at Civic Center). 2. As proposed, the changes to the existing PD 1590 District are appropriate for the area, location and overall planning for the Project, and the design and development standards will promote the maintenance of an environment of sustainable desirability and stability and will not impact the amount of open space surrounding the property in that: a. The changes would continue the allowable land uses within the PD District, and would not result in additional allowances or changes to the existing, adopted building intensity limits since there isno increase in allowable floor area ratio or building area proposed. b. The general office PD District is presently developed with a full roadway system and utility infrastructure to accommodate the proposed Project. c. The PD District is presently planned and developed to preserve all undeveloped open spaces west and north of the existing development which will not be impacted or changed as a result of the amendments. d. As proposed, the PD revisions will not impact public facility services that are currently provided to the areafor individual parcel development, nor will amendments impact the established or planned auto, bicycle or pedestrian traffic system. 3. The City-initiated text update to PD-1590 would not alter any existing land uses on the 1600 Los Gamos Dr. property or change any land use allowances in the existing PD; therefore, there would be no impact to infrastructure and the existing site would continue to be served by public facilities such as sewer, water, refuse services and other infrastructure resources that currently serve the existing development and are available to serve the proposed PD amendment. 4. The City-initiated text update to PD-1590 would not alter any of the current development or land use standards prescribed for PD-1590. 5. The auto, bicycle and pedestrian traffic systems presented on the Development Plan is adequately designed for circulation needs and public safety in that the minor text edits would not alter any pedestrian, bicycle or vehicular access to the 1600 Los Gamos Dr. site and continues to provide adequate emergency access. Exhibit 2d-6 6. As proposed, the public health, safety and general welfare would be served by the adoption of the revisions to the PD-1590 District in that: a. The action would not result in the addition of land use or development intensity, nor would it change the development and spatial regulations (e.g., setbacks, building heights, lot coverage) or the design standards (building and landscape standards and guidelines) that influence building size, building location or spacing, amount or location of open space. The amendment is solely a text change to remove references to the 1650 Log Gamos Dr. property from the PD-1590 text, given that 1650 Los Gamos Dr. was rezoned to a new distinct PD zoning district through a separate action. b. This action would be consistent with the zoning provisions of the San Rafael Municipal Code Title 14. BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael does hereby recommend that the City Council adopt of the City-initiated Rezoning to amend the existing PD-1590 District to reference and include only the 1600 Los Gamos Dr. property, attached herein as Exhibit B to this resolution. The foregoing resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 28th day of August 2018. AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: _______________________________ _____________________ Paul A. Jensen, Secretary Sarah Loughran, Vice-Chair EXHIBITS A: PD Rezoning Map B Development Standards for 1600 Los Gamos Dr. Exhibit 2d-7 “EXHIBIT A” PD Rezoning to remove references to 1650 Los Gamos Dr (APN’s 165-220-12 & 13) from current PD-1590 District given that those two properties were severed and established as a new, separate PD zoning District Exhibit 2d-8 “EXHIBIT B” 1600 LOS GAMOS DR FORMER MARIN COMMONS (a) Two One office buildings are is approved as shown on the plans: One is a 340,000 square foot computer center; the other is a 150,000 square foot computer and office building. (b) 1,296 841 parking spaces are approved as shown on the plans. (c) Secure Design Review approval for any modifications to the approved building. Any further addition for new office construction shall require an amendment to the Master Plan. (d) Minor modifications, such as the installation of a par-course and landscaping can be approved as Design Review items. (e) In addition to the two one private office buildings, public buildings for the safety of the community may be approved by Design Review. (f) A TSM manager shall be appointed for each of the buildings, who may be the respective building managers. The TSM manager shall at all times perform the following duties: 1) Develop and disseminate information aids and other marketing resources; 2) Provide orientation and assistance to new employees regarding the selection of transportation options within the shortest reasonable time after they begin working; 3) Communicate with Golden Gate Transit and Marin County Transit and other transit agencies to become aware of existing transportation services and with Rides for Bay Area Commuters or similar organizations for ridesharing services and program support; 4) Provide available transit guides and schedules to all interested employees, describing both transit routes serving the area and route schedules, and provide notification to interested employees of changes in such routes or schedules; 5) Provide a written statement periodically to each tenant explaining the benefits of staggered work hours or "flex-time" systems for transportation management in the Highway 101 corridor. (g) A transit information center or display shall at all times be maintained in one or both of the buildings in an area accessible to all employees, and the location of such center or display shall be advertised by signs or posters in highly travelled pedestrian corridors in each of the buildings. The center or display shall Exhibit 2d-9 provide current information regarding public transit, buspools, vanpools, carpools, and shuttle services serving the property. (h) A carpool and vanpool matching program shall at all times be conducted in accordance with the following standards: 1) Applications for carpool and vanpool matching purposes shall be distributed to employees at least annually. 2) A master file of carpool and vanpool drivers, riders, and potential riders shall be maintained and made available to persons interested in forming carpools or vanpools with other employees at least annually to assure that information in the master file is current. 3) Vanpool applicants who are not able to join a vanpool shall be referred to existing carpools. 4) A designated vanpool and carpool parking area shall be maintained for each of the buildings. Each such area shall be of sufficient size to accommodate all vanpools and carpools serving the building. 5) Some or all of the requirements for vanpool and carpool services may be performed by an independent agency designated by the TSM Manager. (i) The TSM Manager for each of the buildings shall provide a written report to the City each year certifying the TSM activities undertaken at each the building for the preceding twelve months. Exhibit 2e-1 RESOLUTION NO. 18- RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A MASTER USE PERMIT (UP17-005), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED17-011), AND A SIGN PROGRAM AMENDMENT (SP17-002) TO ALLOW THE CONVERSION OF AN EXISTING OFFICE BUILDING TO MEDICAL OFFICE USES AND CONSTRUCTION OF A NEW 433 SPACE PARKING STRUCTURE ON THE WESTERN PARCEL OF 1650 LOS GAMOS DR. FOR THE KAISER PERMANENTE AT 1650 LOS GAMOS MEDICAL OFFICE BUILDING PROJECT (APNs: 165-220-12 & 165-220-13) WHEREAS, on February 21, 2017, Kaiser Foundation Health Plan (Kaiser or Kaiser Permanente) submitted planning permit applications to the City of San Rafael Community Development Department proposing the conversion of an approximately 148,000-sq. ft. office building to medical office uses and the construction of a 511-space parking structure (Project) on the western parcel of a 11.2-acre property at 1650 Los Gamos Dr.; and WHEREAS, applications for a Master Use Permit (UP17-005), Environmental and Design Review Permit (ED17-001), and a Sign Program Amendment (SP17-002) were filed concurrent with an application requesting a Planned Development Rezoning (ZC17-001) for the development and operation of the Project; and WHEREAS, upon review of the subject applications, an Initial Study was prepared in June 2017, consistent with the requirements of the City of San Rafael Environmental Assessment Procedures Manual and the California Environmental Quality Act (CEQA), finding that there could be potentially significant impacts to the following issues: Air Quality, Greenhouse Gas Emissions, Land Use, Noise, Transportation and Circulation, and Project Alternatives; and; WHEREAS, on June 27, 2017, the Planning Commission (Commission) held an appropriately noticed public scoping hearing on the Notice of Preparation (NOP) for the preparation of an Environmental Impact Report (EIR) to assess the impacts of the Project. The Planning Commission directed staff to prepare an EIR for the Project pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) to address the following issues, Aesthetics, Air Quality, Greenhouse Gas Emissions, Land Use and Planning, Noise, Traffic and Transportation, and Project Alternatives, as per the Initial Study previously prepared for the Project on June 9, 2017; and WHEREAS, on September 6, 2017, the City of San Rafael Design Review Board (DRB) conducted a duly-noticed public meeting and conducted a Conceptual Review of the conceptual plans submitted for the Project. The DRB generally expressed support for the proposed parking structure design but requested modifications to the façade to hide the “parking garage” look and requested that the structure be set back from the road. The Board provided the following specific recommendations on their concept review of the Project: 1) Balance the excavation better by ‘stepping back’ the upper floors. 2) Increase the building setback and provide more landscaping along the frontage. 3) Eliminate or reduce the ‘open’ design of the structure. 4) Shade structures or solar canopies on the top floor would be appropriate and should be evaluated. 5) Consider lowering the 1st floor finish grade to provide direct access from the elevator/staircase to the crosswalk at the south elevation. 6) Improvements to the existing crosswalk at the south elevation are necessary for safety. Exhibit 2e-2 7) Appropriateness of the location of the vehicle entrance/exit is best determined by the traffic study though the project should continue to separate the pedestrian entrance/exit from the vehicle entrance/exit. 8) The formal Project submittal shall include a comprehensive photometric study and security plan details; and WHEREAS, on April 13, 2018, Kaiser Permanente resubmitted a revised parking structure design proposing construction of a 473-space, three-level, plus upper ramp, parking structure at the same location as originally proposed; and. WHEREAS, the DEIR was completed, a Notice of Completion (NOC) was filed and the DEIR was made available and circulated for a 45-day public comment period, beginning on March 8, 2018 and closing on April 23, 2018; and WHEREAS, on April 24, 2018, the Planning Commission held a duly noticed public hearing to accept comments on the DEIR and directed staff to prepare a Final Environmental Impact Report (FEIR); and WHEREAS, on May 22, 2018, the DRB conducted a duly-noticed public meeting and reviewed the design of the formal applications. The Board reviewed the Project and voted unanimously (5-0, with Commissioner Spielman absent and Alternate Member Blaney as a voting member ) to continue the matter to date uncertain, subject to the following consensus recommendations: 1) Submittal needs to include details for both the proposed Sign Program Amendment and the change in use from general office to medical office. 2) Submittal needs to include a summary of Board’s comments and identify how the design revisions respond to each comment. 3) Submittals needs to include full-size (24” x 36”) plan sets in addition to reduced plan sets. 4) Plans shall show greater details and dimensions throughout, particularly in the cross-sections. 5) Project needs greater sensitivity to the neighbors located upslope by reducing off-site light and glare from vehicle windshields, solar canopies and the brightness of the parking deck itself. Explore green roofs. 6) Project shall reduce the bulk and mass by eliminating the ramp level parking and lowering the structure so that ground level grade is closer to sidewalk grade. 7) Project shall add more material shielding along the frontage to reduce or eliminate headlight and, generally, to make it look less like a parking garage. 8) Show and provide light standard details. Provide a photometric plan. 9) The northeast corner stairwell needs better articulation and the southeast corner stairwell needs less glare expression; and WHEREAS, on July 2, 2018, based on feedback from the City of San Rafael Design Review Board and community input, Kaiser Permanente resubmitted a revised parking structure design proposing construction of a 433-space, three-level, parking structure at the same location as originally proposed; and WHEREAS, on July 17, 2018, the DRB conducted a duly-noticed public meeting and reviewed the revised plans in response to its May 22, 2018 comments and found that the revisions had adequately addressed prior comments and unanimously voted (5-0 with Commissioner Paul absent and Alternate Member Blaney filling in as a voting member) to recommend approval of the project design to the Planning Commission; and WHEREAS, the FEIR was prepared and released for public review on August 10, 2018; and Exhibit 2e-3 WHEREAS, in considering the PD Rezoning, Master Use Permit, Environmental and Design Review Permit and Sign Program Amendment applications, the Planning Commission has reviewed and considered the FEIR and all applicable mitigation measures therein. The FEIR concludes that the Project will result in significant and unavoidable adverse environmental traffic impacts to the Los Gamos Dr. / Lucas Valley Rd. and Las Gallinas Dr. / Lucas Valley Rd. intersections. Although these impacts could be mitigated to less-than-significant levels through the implementation of identified mitigation measures, the intersections are outside of the City’s jurisdiction and require authorization and permits by the County of Marin and the California Department of Transportation (CALTRANS). As such, since the City cannot legally implement mitigation measures outside of its jurisdiction, the impacts are identified in the FEIR as significant and unavoidable. The FEIR also identifies Alternative 4: “Applicant-Implemented Traffic Improvements” as the Environmentally Superior Alternative and concludes that it would eliminate significant and unavoidable impacts to the Los Gamos Dr. / Lucas Valley Rd. intersection. The Planning Commission has weighed the Project benefits against the unavoidable, adverse environmental effects. By separate resolution, consistent with CEQA Guidelines Section 15063 and consistent with San Rafael General Plan 2020 Circulation Element Policy C-6 (Proposed Improvements), recommends adoption of a Statement of Overriding Considerations, which supports approval of the Project and the accompanying planning applications. This separate Resolution also recommends the approval of a Mitigation Monitoring and Reporting Program (MMRP) to ensure that required mitigation measures are incorporated in to Project action; and WHEREAS, on August 28, 2018, the Planning Commission considered the responses to comments contained in the FEIR and recommended to the City Council certification of the FEIR for the Project; and WHEREAS, on August 28, 2018, the Planning Commission also, by separate Resolution, recommended to City Council adoption of the Statement of Overriding Considerations and approval of the Mitigation Monitoring and Reporting Plan (MMRP); and WHEREAS, on August 28,2018, the Planning Commission of the City of San Rafael, by separate ordinance, held a duly-noticed public hearing on the Project for a Planned (PD) Development Rezoning (ZC17-001) to sever this property from the existing PD 1590 District and create a new PD for the proposed medical office use; and WHEREAS, on August 28, 2018, the Planning Commission held a duly-noticed public hearing on the Project, including a PD Rezoning (ZC17-001), Use Permit Amendment (UP17-005), Environmental and Design Review Permit (ED17-011), and Sign Program Amendment (SP17-001), accepting all oral and written public testimony and the written report of the Community Development Department Planning staff and closed said hearing on that date; and NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of San Rafael does hereby recommend approval of the following findings by the City Council related to the applications for the Use Permit Amendment (UP17-005), Environmental and Design Review Permit (ED17-011), and Sign Program Amendment (SP17-001): Findings for Master Use Permit (UP17-005) In accordance with SRMC 14.22.090. Findings, the following findings are required for approval of an Master Use Permit: Exhibit 2e-4 1) As proposed and conditioned, the Project’s objectives to convert an existing 148,000 square foot office building to medical office uses and the construction of a 433-space, three level parking structure, is in accord with the San Rafael General Plan 2020, the objectives of the Zoning Ordinance, and the purposes of the zoning district in which the Project site is located. Detailed discussion of the Project’s consistency with the applicable General Plan policies is provided in detail in matrix format in the attached General Plan Consistency Analysis Table (Exhibit 3). The discussion demonstrates that the Project is generally consistent with the applicable General Plan Policies: a) As proposed, the Project’s land uses are consistent with' Land Use Element Policies LU-23 (Land Use Map and Categories), LU-I0 (Planned Development), LU-9 (Intensity of Nonresidential Development), LU-14 (Land Use Compatibility) in that: 1) Medical office uses are an allowable use in the Office General Plan Land use designation in which the Project site is located; 2) Although the medical office uses are allowable under the Office General Plan land use designation, the current Planned Development zoning for the site (PD1590) does not allow for medical office use and a PD Rezoning is proposed for the site to accommodate medical office uses consistent with the General Plan land use designation; 3) The existing office building would be reused for the medical office use and as currently development, the building complies with the intensity of non-residential development standards (FAR); and 4) The reuse of the existing building as medical office use would be compatible with the types of land uses found in the vicinity and typically allowed in the Office General Plan land use designation. b) As proposed and conditioned, the Project’s land uses would be consistent and not in conflict with Circulation Element Policies C-5 (Traffic Level of Service Standards) C-6 (Proposed Improvements), C-7 (Circulation Improvements Funding) and C-12 (Transportation Demand Management) in that: 1) The increase in traffic estimated for the change in use would impact and change level of service conditions at local intersections and would warrant new transportation improvements that have been identified in the Kaiser Permanente 1650 Los Gamos Dr. Medical Office Building Project Final EIR, as well as included in the “Applicant-Implemented Traffic Improvements Alternative” that will be adopted for this Project. The transportation improvements include the signalization of Lucas Valley Rd/Los Gamos Dr, which is an identified improvement per General Plan 2020 Circulation Policy C-6; 2) The medical office use component would be subject to the adopted citywide traffic mitigation fees, which would be used to fund long-term transportation improvements to maintain Level of Service (LOS) standards as identified in Circulation Policy C-6 and the payment of the mitigation fees will fund citywide improvements consistent with Circulation Policy C-7. The payment of fees would be in addition to installing the required signalized intersection at Lucas Valley Rd/Los Gamos Dr.; and 3) The Project is conditioned to require the preparation and submittal of a Transportation Demand Management (TDM) plan that would implement Exhibit 2e-5 transportation demand measures such as encouraging employees, through incentives to carpool and use public transit and other alternative means of transport. c) The Final Environmental Impact Report (FEIR) recommend for certification by the City of San Rafael City Council for this Project through a separate Resolution, identifies that the additional traffic from the Project triggers the need to signalize the currently unsignalized intersection of Los Gamos Dr. and Lucas Valley Rd. (per Circulation C-6). Once signalized, the intersection wo uld operate at acceptable Levels of Service (LOS) as identified Circulation Policy C-5. d) As proposed, the Project’s land uses would be consistent with Neighborhood Element Policies NH-7 (Neighborhood Identity and Landmarks), NH-8 (Parking), NH-136 (Design Excellence), NH-138 (Industrial Uses and Design Improvement) in that it would: facilitate additional employment and future economic success in the North San Rafael area; allow compatible land uses that would fill current and long-term projected vacancies in general office space; and provide required amount of parking required for the proposed medical office use; and . e) As proposed, the Project’s land uses would be consistent with the Community Design Element Policy CD-21 (parking lot landscaping) in that the uses proposed will have an approved landscaping plan and parking structure design that will provide shade cover and adequate screening of vehicles within parking lot areas. f) As proposed, the Project’s land uses would be consistent with the Economic Vitality Element Policy EV-1 (Economic Health and Quality of Life) and EV-2 (Seek, Retain and Promote Businesses that Enhance San Rafael) in that: 1) The reuse of the general office building with a medical office use would improve access to healthcare for San Rafael and Marin County residents; 2) The proposed use would ensure that one of the largest employers in San Rafael would continue to provide jobs and access to health services in a location close to freeway access; and 3) Allow a large healthcare business to remain in San Rafael and continue to serve the City and county at large. g) As proposed, the Project’s land uses would be consistent with newly adopted Sustainability Element Policies SU-1 (Land Use) and SU-2 (Promote Alternative Transportation), and the adopted Climate Change Action Plan in that: the uses are proposed within an existing and approved development office park that is close to public transit (both bus stop on Highway 101 and SMART rail station at Civic Center). Relocating the Kaiser medical offices from their current undersized location at 99 Monticello Rd would shift current neighborhood traffic using the Monticello Rd facility to a location closer to the freeway, thus potentially reducing impacts on local circulation networks. h) As proposed, the Project’s land uses would be consistent with the Conservation Element Policy CON-6 (setbacks) in that: the proposed new parking structure and intersection improvements at Lucas Valley Rd/Los Gamos Dr would be located outside the 25' top-of-bank setback from the intermittent tributary to Gallinas Creek northwest of the Project site. Exhibit 2e-6 i) The approval of the Project’s land uses would be consistent with the PD-1590 District, as amended by adoption of the PD Rezoning (ZC17-001), which would permit medical office land use in this District. The FEIR has concluded that impacts to Transpiration and Circulation are significant and unavoidable for which there is mitigation; however, although all of these impacts could be mitigated to less-than-significant levels through the implementation of identified mitigation measures, the intersections are outside of the City’s jurisdiction and require authorization and permits by the County of Marin and the California Department of Transportation (CALTRANS). As such, since the City cannot legally implement mitigation measures outside of its jurisdiction, the impacts are identified in the FEIR as significant and unavoidable. Nevertheless, it is noted that Public Resources Code section 21082.2(e) provides that statements in an EIR are not determinative of whether a project may have a significant effect on the environment. Further, the San Rafael General Plan 2020 includes flexibility in determining project consistency. Specifically, Policy C-5c provides that "in order to balance the City's objectives to provide affordable housing, maintain a vital economy and provide desired community services with the need to manage traffic congestion, projects that would exceed the level of service standards set forth above may be approved if the City Council finds that the benefits of the project to the community outweigh the resulting traffic impacts." Accordingly, the Project's benefits have been evaluated by weighing the goals and policies of all elements, including, but not limited to: the Land Use Element, Circulation Element, Conservation Element, Economic Vitality and Safety Elements. Due to the Project's benefits, the City has found and determined that the Project's benefits outweigh potential impacts. Accordingly, the Project is considered consistent with the San Rafael General Plan 2020. 2. That the Project’s proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City in that: a) A FEIR has been prepared and recommended for certification for the Project pursuant to the provisions of the California Environmental Quality Act (CEQA), which finds that all potentially significant project impacts related to health and safety can be adequately mitigated to a less-than-significant level with the implemented mitigation measures outlined in the approved Mitigation Monitoring and Reporting Program (MMRP), for which compliance is required by conditions of this approval. b) A Statement of Overriding Considerations has been prepared and recommended for adoption by separate Resolution to address impacts that could not be mitigated to less than significant levels. The Statement of Overriding Consideration concludes that the Project would not be detrimental to public health, welfare of safety, given the fact that the override only addresses timing of the installation of the improvement , which would be required to be constructed prior to full occupancy of the medical office building. c) Additionally, the Project has been reviewed by Community Development Department, the Department of Public Works, and other appropriate City Departments and conditions have been applied to minimize potential impacts to the public health, safety and welfare. 3. That the proposed use, together with the conditions applicable thereto, would comply with each of the applicable provisions of the amended Planned Development (PD) Zoning District contained in the Zoning Ordinance. The Project site is proposed to be rezoned and severed from the current zoning (PD-1590) and a new PD zoning will be established with appropriate development standards and Exhibit 2e-7 land use regulations with which the Project would be consistent. The Project would also comply with other applicable provisions in the Zoning Ordinance. Findings for Environmental and Design Review Permit (ED17-011) In accordance with SRMC 14.25.090. Findings, the following findings are required for approval of an Environmental and Design Review Permit: 1. The Project design is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the zoning district in which the site is located as noted above. A detailed discussion of the Project’s consistency with the applicable General Plan policies is provided in detail in matrix format in the attached General Plan consistency Analysis (Exhibit 3). Findings for consistency with the General Plan, objectives of the Zoning Ordinance and purposes of the PD District in which the site is located have been made in Use Permit Finding #1 above. 2. The Project will be consistent with the revised PD District proposed for the property, as recommended for adoption by separate Resolution and Ordinance, in that: a. The PD establishes the allowable uses for this site. In the “Office” General Plan land use designation, medical offices are an allowable use and the revised PD would allow medical office uses in addition to the currently allowed general office and ancillar y uses. Kaiser Permanente has applied for a PD amendment to include medical office uses within the existing list of permitted uses. b. No expansion or additions are proposed to the existing office building and, therefore, the Project would comply with the FAR, height and setback standards contained in the PD District c. The new parking structure would be built on a current surface parking lot to accommodate the parking requirements contained in the Zoning Ordinance for medical office uses. The proposed structure would comply with the height and setback requirements of the PD District, as amended. 3. The Project complies with the SRMC Chapter 14.18 Parking Standards in terms of parking space dimensions and the number of required parking spaces. 651 parking spaces are required for medical office use, as noted in Chapter 14.18 or the Zoning Ordinance and the PD zoning. The Project provides 676 parking spaces, consistent with the requirement. The parking lot dimensions comply with the standards contained in 14.18.100 of the Zoning Ordinance. Further, the Project proposes solar arrays / shade structures on the roof top level of the proposed parking structure. 4. The Project complies with the design-related criteria of Chapter 14.25 Environmental and Design Review Permits in that: a. The Project does not interrupt major views of Mt. Tamalpais and surrounding hills; b. The site design provides for good vehicular, bicycle and pedestrian circulation and access; c. The front, north and south side elevations of the parking structure have appropriate level of massing and articulation combined with the types and colors of materials to create interest; d. The main vehicular and pedestrian access between the street and the building entry is oriented toward the building entry, thereby creating a sense of entry; e. The DRB has reviewed the Project and found that the proposed design provides appropriate variation in structure placement and height and ultimately recommended approval of the Project design at its July 17, 2018 meeting. The DRB did provide recommended changes that Kaiser Permanente should consider, including modifying some of the landscaping species proposed and Exhibit 2e-8 providing additional screening measures to the front of the parking structure to screen view of vehicles; f. The proposed landscaping generally conforms to amount of landscaping required and to the species found on the already developed site; and g. Project architecture with appropriate massing, articulation, building colors and natural materials in earth tone colors with the blue color providing accent to the color palette, is harmoniously integrated in relation to the architecture in the vicinity in terms of colors and materials, scale and building design. The proposed structure is designed to be tucked into the hillside to minimize mass and bulk and the highest point of the new parking structure would be below the height of the existing light standards contained in the existing surface parking lot. 5. The Project design would not result in potential adverse environmental impacts as documented in the Project’s FEIR. A separate Resolution recommending certifying the FEIR has been prepared. 6. The design of the Project as conditioned below will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of the Project site, or to the general welfare of the City of San Rafael in that: a. The Project has been reviewed by appropriate City departments. Conditions of approval recommended by other departments have been applied to minimize potential adverse visual, design, and safety impacts to the Project site and adjacent properties; and b. The proposed Planned Development Zoning amendment to add ‘medical office uses’ to the allowable uses under the revised PD would be consistent with the “Office” General Plan land use designation for this site and medical office uses would be consistent with the PD land uses allowances as adopted by the amended PD zoning. Findings for Sign Program Amendment (SP17-001) In accordance with SRMC 14.19.046. Findings, the following findings are required for approval of a Sign Program Amendment Permit: 1. The signs contained in the amended Kaiser Sign program have common design elements placement, colors, architecture, materials, illumination, type, shape, letter size and letter type as the existing Sign Program for the Marin Commons that governs 1600 and 1650 Los Gamos Dr.; 2. All of the signs contained in the program are in harmony and scale with the materials, architecture, and other design features of the buildings and property improvements they identify, and the program is consistent with the general design standards specified in Section 14.19.054; and 3. The amount and placement of signage contained in the program is in scale with the subject property and improvements, as well as the immediately surrounding area. BE IT FURTHER RESOLVED, that the Planning Commission recommends to the City Council approval of a Use Permit (UP17-005), Environmental and Design Review Permit (ED17-011), and Sign Program Amendment (SP17-001) for the Project, subject to the conditions of approval listed below: BE IT FURTHER RESOLVED, that the Planning Commission recommends approval of the Project to the City Council, by selecting the “Applicant-Implemented Traffic Improvement Alternative” evaluated in the Draft EIR and Final EIR prepared and recommended for certification for this Project. The Applicant-Implemented Traffic Improvement Alternative entails the Project as proposed, but Kaiser Permanente will voluntarily construct identified traffic and infrastructure improvements at Los Gamos Exhibit 2e-9 Drive and Lucas Valley Rd. above and beyond what is required by the City’s General Plan and the Project’s identified fair-share contribution in order to improve intersection operations and reduce Revised Project impacts to less than significant. As a result, there would be no required mitigation measure to reduce impact significance related to AM and PM peak hour trips at the Los Gamos Dr. and Lucas Valley Rd. intersection. However, permitting and construction of the intersection would still require multi-agency coordination and entitlement review and approval. This alternative was identified by the EIR to be the environmentally superior alternative. Master Use Permit (UP17-001) Conditions of Approval Community Development Department, Planning Division 1. This Use Permit approves 148,000 square feet of medical office uses and 246 surface parking spaces around the building and a 433-space, three level parking structure across Los Gamos Dr, for a total of 679 parking spaces. 2. The Permitted uses approved by this Master Use Permit include the following and these uses do not require any additional Use Permit review: a. General Office Use. General Office uses, as defined by San Rafael Municipal Code Title 14 (Zoning), Section 14.03.030, mean “The approved Use Permit allows a use providing administrative, professional or business services.” b. Medical Office Use. Medical Office uses, as defined by San Rafael Municipal Code Title 14 (Zoning), Section 14.03.030, mean “a facility, other than a hospital, where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. A medical office use would provide consultation, diagnosis, therapeutic, preventative or corrective treatment services by doctors, dentists, medical and dental laboratories, chiropractors, counselors, physical therapists, respiratory therapists, acupuncturists and psychiatrists, and similar practitioners of medical and healing arts for humans licensed for such practice by the state of California. Medical office uses typically require use of specialized medical equipment and medical training to evaluate, diagnose and administer treatments, medication or therapies which require a prescription (building, including administering oxygen or performing dialysis, and sleep related medical offices, diagnostics facilities); increased support staff needs; multiple patient treatment rooms; and patient waiting areas. Counseling services and other services provided by nonmedical professionals may also be included under ‘offices, general.’” c. Medical services. Medical services uses, as defined in San Rafael Municipal Code Title 14 (Zoning), Section 14.04.020, mean “medical, dental and health-related services, with sale of articles clearly incidental to the services provided”, including, but not limited to, optometry testing, diagnosis, consultation, fitting and/or sales. d. Professional Office Use. Professional Office uses, as defined by San Rafael Municipal Code Title 14 (Zoning), Section 14.03.030, mean “an office-type facility occupied by a business providing professional services. Examples of these uses include, but are not limited to, accounting, auditing and bookkeeping services, attorneys, counseling services, court reporting services, detective agencies and similar services, financial management and investment counseling, literary and talent agencies, management and public relations services, psychologists, secretarial, stenographic, word processing and temporary clerical Exhibit 2e-10 employee services.” Hearing aid sales are also included in this definition as an allowed use. e. Administrative Office Use. Administrative Office uses, as defined by San Rafael Municipal Code Title 14 (Zoning), Section 14.03.030, mean “office-type facility used for administrative purposes, and/or occupied by a business engaged in the production of intellectual property. Examples of these uses include, but are not limited to, advertising agencies, commercial art and design services, construction contractors (office facilities only), design services including architecture, engineering, landscape architecture, urban planning, educational, scientific and research organizations, media postproduction services, news services, photography studios, and writers’ and artists’ offices.” f. Limited accessory retail sales include, but are not limited to, optical, hearing device, orthopedic, pharmacy and other medical retail sales, in support and conjunction with the medical office building. g. Uses that promote sustainability. These may include, but are not exclusive of, solar panels, recycling areas, overnight parking for shuttles, electric vehicle charging stations, and other on-site alternative power generation units. h. Minor food service uses (Café), primarily serving the office building and immediately surrounding office uses. i. The list of enumerated uses is intended to be illustrative, rather than an exhaustive of appropriate uses. Future minor changes or modifications to the above illustrative enumerated uses shall be permitted as determined to be appropriate by the Community Development Director. 3. The Conditionally Permitted uses approved by this Master Use Permit include the following, and these uses require an Administrative Use Permit to review for compatibility and parking: a. Urgent care facilities. b. Accessory/Incidental Uses. Uses determined to be accessory or incidental to the above- listed permitted land uses shall be permitted, as determined to be appropriate by the Community Development Director. Examples of accessory/incidental uses are child care and other minor uses that enhance and support the office building and it’s immediately surrounding uses. 4. The following uses are not allowed under the Master Use Permit. a. Hospital, including facilities with overnight patient rooms. b. Emergency Room. c. Other uses not listed in Sections 1, 2, and 3 above. 5. This Master Use Permit approves construction of a 433-space parking structure located to the west of 1650 Los Gamos Dr. (APN 165-220-13), continued use of 204 existing parking surrounding the building at 1650 Los Gamos Dr., and continued use of 42 parking spaces located on 1600 Los Gamos Dr. (APN 165-220-12) by way of an existing legal easement held by Kaiser Permanente, totaling up to 679 parking spaces. 6. Prior to final occupancy of the medical office building, the following improvements shall be completed: Exhibit 2e-11 a. The proposed 433 space parking structure and continued use of 204 existing parking spaces surrounding the building at 1650 Los Gamos Dr. shall be constructed and operational. b. The traffic improvement project at Lucas Valley Rd/Los Gamos Dr (i.e., signalization, widening, restriping, and repaving and signal interconnection) along with the other frontage improvements as shown on the BKF Intersection Improvement Exhibit (July 13, 2018) plan, shall obtain all necessary permits from City, County and Caltrans, and the improvements shall be constructed, finalized, and signed off by all permitting agencies and the new signalized intersection and frontage improvements shall be operational. Should the improvements listed above in Use Permit condition #’s 6a and 6b not be completed when the building is completed for occupancy, medical office uses may occupy up to 70% of the existing office building. As documented in the Project’s Draft EIR, a qualitative analysis was conducted by Fehr & Peers for a reduced medical office use project (see Project Alternative 2) to determine how much the Project’s trip generation would need to decrease in order to reduce the Project’s transportation impact to less than significant. Based on this analysis, transportation impacts would be less than significant , and the signalized intersection would not be required if the Project includes 70% medical office use or less. 7. Parking requirements a. For medical office uses, the site shall provide a minimum of 4.4 parking spaces per 1,000 sq. ft. (1 space/225 sq. ft. gross building area). b. For general office, professional office, and administrative office uses, ancillary related retail uses, and other ancillary uses listed in the permitted use section, the site shall provide a minimum of 4 parking spaces per 1,000 sq. ft. (1 space/250 sq. ft). 8. Hours of operation a. There are no hours of operation limitations on medical or general office uses, ancillary retail uses or after-hours urgent care. b. The top floor of the parking structure shall not be used after 9pm or before 6am. 9. The Project is approved with the implementation of the “Applicant-Implemented Traffic Improvement Alternative” evaluated in the Draft EIR and Final EIR prepared and certified for this Project. This Alternative mirrors the Project as proposed, with the addition of Kaiser Permanente’s offer to voluntarily construct the intersection improvements (signalization and associated widening) at Los Gamos Dr. and Lucas Valley Rd. and other related traffic and vehicular circulation improvements as part of the Project. Intersection improvements include grading and restriping, traffic signal installation, new sidewalks and curbs, pedestrian level lighting, and an extension of a Class II bicycle lane. As a result, Kaiser Permanente will develop intersection designs and coordinate the review and permitting approval of the improvements before the impact threshold is triggered. As such, the Applicant- Implemented Traffic Improvements Alternative will avoid the significant impacts related to traffic impacts identified with the project, including Impact TRAF-1 and Impact TRAF-4, by voluntarily gaining approvals and constructing the intersection improvements at the Lucas Valley Rd. and Los Gamos Dr. intersection. However, permitting and construction of the intersection would still require multi-agency coordination and entitlement review and approval. This alternative was identified by the EIR to be the environmentally superior alternative. Exhibit 2e-12 10. This Master Use Permit shall run with the land and shall remain valid regardless of any change of ownership of the Project site, subject to these conditions, provided that a grading permit or building permit is issued by the City and work commenced or a time extension request is submitted to the City’s Community Development Department, Planning Division, within two (2) years of this approval, or until , 2020. Failure to obtain a grading permit or building permit or submit a time extension request by the specified date will result in the expiration of this Master Use Permit. 11. This Master Use Permit (UP17-001) approving the Project and authorizing the allowable uses for the site shall run concurrently with the approved Environmental and Design Review Permit (ED17 -011). If either entitlement expires, this Use Permit approving the allowable uses shall also expire and become invalid. Environmental and Design Review Permit (ED17-011) Conditions of Approval General and On-Going Community Development Department, Planning Division 1. The Project is approved with the implementation of the “Applicant-Implemented Traffic Improvement Alternative” evaluated in the Draft EIR and Final EIR prepared and certified for this Project. This Alternative mirrors the Project as proposed, with the addition of Kaiser Permanente’s offer to voluntarily construct the intersection improvements (signalization and associated widening) at Los Gamos Dr. and Lucas Valley Rd. and other related traffic and vehicular circulation improvements as part of the Project. Intersection improvements include grading and restriping, traffic signal installation, new sidewalks and curbs, pedestrian level lighting, and an extension of a Class II bicycle lane. As a result, Kaiser Permanente will develop intersection designs and coordinate the reew and permitting approval of the improvements before the impact threshold is triggered. As such, the Applicant-Implemented Traffic Improvements Alternative will avoid the significant impacts related to traffic impacts identified with the project, including Impact TRAF-1 and Impact TRAF-4, by voluntarily gaining approvals and constructing the intersection improvements at the Lucas Valley Rd. and Los Gamos Dr. intersection. However, permitting and construction of the intersection would still require multi-agency coordination and entitlement review and approval. This alternative was identified by the EIR to be the environmentally superior alternative. 2. The building techniques, colors, materials, elevations and appearance of the Project, as presented to the Planning Commission at its August 28, 2018 hearing, labeled Kaiser Permanente 1650 Los Gamos Dr. Medical Office Building Project, and on file with the Community Development Department, Planning Division, shall be the same as required for issuance of all building and grading permits, subject to these conditions. Minor modifications or revisions to the Project shall be subject to review and approval of the Community Development Department, Planning Division. Further modifications deemed not minor by the Community Development Director shall require review and approval by the original decision-making body, the Planning Commission, and may require review and recommendation by the City’s Design Review Board. 3. The approved colors for the Project are on file with the Community Development Department, Planning Division as presented on the approved plans. Any future modification to the color palette shall be subject to review and approval by the Planning Division and those modifications not deemed minor shall be referred to the Design Review Board for review and recommendation prior to approval by the Planning Division. Exhibit 2e-13 4. Kaiser Permanente shall remit payment of the State Fish and Game fees in order for staff to file a Notice of Determination with the County Clerk within 5 days of project approval. The current fee amounts are $3,078.25 payable to the State Fish and Game and $50.00 payable to the Marin County Clerk and are subject to increase. 5. Kaiser Permanente shall be responsible for implementing all mitigation measures presented in the Project’s Final Environmental Impact Report (FEIR), on file with the Community Development Department, including any mitigation measures that may not have been incorporated into the Project conditions of approval. A deposit for Mitigation Monitoring shall be paid as required by ED Condition 33, herein. 6. All required mitigation measures are identified in the Mitigation Monitoring and Reporting Program (MMRP) as recommend for adopted by separate Resolution and included as conditions of approval. 7. Kaiser Permanente agrees to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities ("indemnities"), the purpose of which is to attack, set aside, void or annul the approval of this application or the certification of any environmental document which accompanies it. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties and the indemnities, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the indemnities. 8. In the event that any claim, action or proceeding as described above is brought, the City shall promptly notify Kaiser Permanente of any such claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding. In the event Kaiser Permanente is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to: 1) approve the counsel to so defend the City; 2) approve all significant decisions concerning the manner in which the defense is conducted; and 3) approve any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall prohibit the City from participating in the defense of any claim, action or proceeding, provided that if the City chooses to have counsel of its own to defend any claim, action or proceeding where Kaiser Permanente already has retained counsel to defend the City in such matters, the fees and the expenses of the counsel selected by the City shall be paid by the City. 9. As a condition of this application, Kaiser Permanente agrees to be responsible for the payment of all City Attorney expenses and costs, both for City staff attorneys and outside attorney consultants retained by the City, associated with the reviewing, process and implementing of the land use approval and related conditions of such approval. City Attorney expenses shall be based on the rates established from time to time by the City Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual fees and expenses of any attorney consultants retained by the City. Applicant shall reimburse City for City Attorney expenses and costs within 30 days following billing of same by the City. 10. All site improvements, including but not limited to, site lighting, fencing, landscape islands and paving striping shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be replaced in a timely manner. Exhibit 2e-14 11. All fencing shall be installed and maintained in a good, undamaged condition. Any damaged portions shall be replaced in a timely manner. 12. The Project site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are accumulated on the site shall be removed and disposed of in a timely manner. Kaiser Permanente shall institute a program to provide regular cleanup of the parking lot, parking structure and the site facility, as well as all other areas immediately around the new parking structure and office building. 13. Final landscape and irrigation plans for the Project shall comply with the provisions of Marin Municipal Water District’s (MMWD) most recent water conservation ordinance. Construction plans submitted for issuance of building/grading permit shall be pre-approved by MMWD and stamped as approved by MMWD or include a letter from MMWD approving the final landscape and irrigation plans. Modifications to the final landscape and irrigation plans, as required by MMWD, shall be subject to review and approval of the Community Development Department, Planning Division. 14. All new landscaping shall be irrigated with an automatic drip system and maintained in a healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead landscaping shall be replaced in a timely fashion. 15. All public streets and sidewalks and on-site streets which are privately owned that are impacted by the grading and construction operation for the Project shall be kept clean and free of debris at all times. The general contractor shall sweep the nearest street and sidewalk adjacent to the site on a daily basis unless conditions require greater frequency of sweeping. 16. All submitted building permit plan sets shall include a plan sheet incorporating these conditions of approval. 17. If reclaimed water for landscaping purposes is made available, Kaiser Permanente shall upgrade its water system and install any and all required facilities to use reclaimed water for all site landscaping purposes. 18. This Environmental and Design Review Permit shall run with the land and shall remain valid regardless of any change of ownership of the Project site, subject to these conditions, provided that a building/grading permit is issued and construction commenced or a time extension request is submitted to the City’s Community Development Department, Planning Division, within two (2) years of approval, or , 2020. Failure to obtain a building permit or grading permit and construction or grading activities commenced, or failure to obtain a time extension within the two-year period will result in the expiration of this Environmental and Design Review Permit. 19. This Environmental and Design Review Permit (ED17-011) approving the Project shall run concurrently with the approved Master Use Permit (UP17-001). If either entitlement expires, this Environmental and Design Review Permit approving the Project, as depicted on Project plans, shall also expire and become invalid. Prior to Issuance of Grading/Building Permits Community Development Department, Planning Division 20. Bicycle parking shall be provided in compliance with San Rafael Municipal Code Section 14.18.090. This requires bicycle spaces provided on site at a minimum of 5% of total vehicle Exhibit 2e-15 parking, including a minimum of one two bike capacity rack for short term bicycle parking and a minimum of 5% of the total vehicle parking for long term spaces. Final plans shall include a design detail for proposed bicycle parking spaces, proposed number and location subject to final review and approval by the Community Development Department and Traffic Engineer. 21. Parking spaces for clean air vehicles shall be provided in compliance with SRMC Section 14.18.045. 22. Kaiser Permanente shall be responsible for all costs associated with mitigation monitoring and shall remit an initial deposit in the amount of $5,000.00 for mitigation monitoring and condition compliance. Staff shall bill time against this deposit amount during Project review and implementation of the Project and monitoring of Project conditions, to assure compliance with conditions and mitigation measures has been achieved. 23. Any outstanding Planning Division application processing fees, including payment of EIR consultant and contract planner, shall be paid prior to issuance of the first construction permit. 24. A construction logistics plan shall be submitted demonstrating how construction conditions shall be met. The plan must be approved by the Public Works Department and Community Development Director and shall include the conditions of approval and mitigation measures that are applicable to the construction of the Project. 25. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structures (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division. 26. Protective barrier fencing shall be installed during construction to protect existing trees that are to remain on site, as per the approved landscape plan. Plans showing the fencing, signage and barrier details shall be included on Project plans. The fencing shall be a minimum four-foot orange mesh protected by hay bales and signage designed to avoid intrusion by construction workers and equipment. 27. Kaiser Permanente shall submit to the satisfaction of the Community Development Department Director Project building plans that include a photometric lighting study demonstrating that outdoor lighting fixtures meet the requirements of the California Energy Code (known as Part 6, Title 24 of the California Code of Regulations). (MM AES-1) 28. The lighting plan shall be revised to utilize a maximum Lumen rating of 3,000 Kelvins for parking structure lighting fixtures. 29. Prior to grading activities, Kaiser Permanente shall prepare a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of the statewide Construction General Permit. The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD). The SWPPP shall include the minimum Best Management Practices (BMPs) required for the identified risk level. (MM HYDRO-1) The SWPPP shall be designed to address the following objectives: a) All pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity are controlled; Exhibit 2e-16 b) Where not otherwise required to be under a Regional Water Quality Control Board permit, all non‐stormwater discharges are identified and either eliminated, controlled, or treated; c) Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non‐stormwater discharges from construction activity; and d) Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed. e) BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook‐Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual. 30. Incorporate Best Management Practices during Project construction activities. Reasonable regulation of the hours of construction, as well as regulation of the arrival and operation of heavy equipment and the delivery of construction material, are necessary to protect the health and safety of persons, promote the general welfare of the community, and maintain the quality of life. In compliance with the City’s Municipal Code, the Project shall adhere to the allowable construction hours of 7:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on Saturdays. Construction activities are prohibited on Sundays and national holidays. 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 (MM NOISE-1): In order to reduce potential significant impacts from temporary construction activities, Kaiser Permanente shall be required to develop a construction noise control plan, including, but not limited to, the following available controls: a) 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. b) Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. c) Unnecessary idling of internal combustion engines should be strictly prohibited. d) 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. e) Utilize "quiet" air compressors and other stationary noise sources where technology exists. f) 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. g) Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors. h) Route construction-related traffic along major roadways and as far as feasible from sensitive receptors. i) Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the Project site. Exhibit 2e-17 j) 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. k) 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. l) The implementation of the reasonable and feasible controls outlined above would reduce construction noise levels emanating from the site by 5 to 10 dBA in order to minimize disruption. With the implementation of these controls, as well as the Municipal Code limits on allowable construction hours, and considering that construction is temporary, the impact would be reduced to a less-than-significant level. 31. Prior to tree removal, Kaiser Permanente shall conduct a pre-construction nesting bird survey of existing trees on-site (MM BIO-1). Prior to issuance of a grading or building permit, Kaiser Permanente shall conduct a preconstruction nesting bird and bat survey. Preconstruction surveys shall include the following: 1) Perform any vegetation trimming and/or removal outside of the bird n esting season (Sept. 1 – Feb. 14); 2) Provide a worker environmental awareness training for construction personnel; 3) Perform preconstruction surveys for nesting migratory birds by a qualified biologist no more than 72 hours prior to the start of construction for activities occurring during the breeding season (February 15 to August 31); and 4) If work is to occur within 300 feet of active raptor nests or 50 feet of active passerine nests, non-disturbance buffers will be established at a distance sufficient to minimize disturbance. Public Works Department 32. Given the scope of the Project and available staff time, third party project coordination and inspection may be required on behalf of the City. If determined necessary by the Department of Public Works a deposit may be required to fund coordination and development of the offsite improvements and inspection activity, including but not limited to grading, traffic, drainage, and access. 33. The City of San Rafael reserves the right to review, condition and approve all offsite improvements related to this Project. This includes traffic signal improvements, roadway improvements, and utility work where it extends beyond City limits. Show existing and proposed easements on the plan. Relocation of easements shall require approval of the easement holders. It is unclear if any new easements are proposed, such as access for drainage and sanitary sewer. 34. It is recommended that parking be designated in the parking structure, such that most of the public traffic will access the building directly and Kaiser employees would mainly utilize the upper floors of the parking structure. Access 35. An encroachment permit is required for any work within the City’s Right -of-Way, from the Department of Public Works located at 111 Morphew St. Additional encroachment permits shall be required from the County of Marin and Caltrans. Exhibit 2e-18 36. The Project shall include sidewalk curb and gutter for the frontage along Lucas Valley Rd. This includes the pathway connection from the eastern parking lot to the entrance of the pedestrian corridor for public transit access at the intersection with the Southbound 101 On/Off Ramp. 37. Show existing and proposed easements on the plan. Relocation of easements shall require approval of the easement holders. It is unclear if any new easements are proposed, such as access for drainage and sanitary sewer. 38. The driveways for the parking structure shall approach Los Gamos close to perpendicular. This will help to improve safety for vehicles entering and exiting the parking structure, as well as for pedestrians and cyclists along Los Gamos. Driveway profiles shall be required prior to issuance of a building permit, however, based on the slopes presented on the plan, it appears that the current design can accommodate adequate slope transitions. 39. The existing mid-block crosswalk shall be replaced with a crosswalk located in line with the pedestrian entrance/exit to the garage. This crosswalk shall include bulb-outs and a rapid repeating flashing beacon (RRFB) similar to others utilized in the City. The RRFB shall be hardwired and a meter provided. Prior to building permit submittal, the location plan for the bulb outs and RRFB shall be revised to show a current aerial photograph. 40. W heelstops are recommended for the parking spaces in front of the accessible pathway, instead of the bollards shown on the plan due to the accessible aisles extending through the line of bollards. If bollards are used, they shall be placed according to the parking spaces (such as one bollard centered per parking space). 41. The accessible parking space near the bike storage area does not include a full-length aisle. This space cannot be counted for the number of accessible parking spaces. However, it appears that there may be sufficient parking without it or that the area could accommodate the aisle with minor modification. Prior to building permit submittal, the plan shall be revised to remove this space or accommodate the aisle as suggested. Drainage and Sewer 42. Prior to building or grading permit submittal, Kaiser Permanente shall submit a detailed [plan to show that MCSTOPPP requirements for water quality and reduced runoff are met. The hydrology and water quality report for CEQA review discusses that runoff impacts will be less than a significant impact due to the extent of existing impervious surface compared to the proposed conditions. The submitted documents do not clearly define the square footage of existing impervious area, as well as the proposed creation or replacement. The new parking garage is a MCSTOPPP regulated project and the proposed plan includes bioretention. It is understood that more detailed plans and submittals to show that MCSTOPPP requirements are met are deferred to future submittals. Meeting these requirements is anticipated to result in improved water quality and reduce runoff impacts compared to the existing conditions. If additional treatment is necessary following a more detail review, Kaiser Permanente may consider additional bioretention area or other potential improvement options for stormwater such as pervious pavement, bioswales and tree-planter devices. 43. The storm drain proposed to be abandoned shall be removed to the inlet structure or, alternatively, for the portion to be abandoned-in-place, flow-able fill may be used and the inlet structure. Exhibit 2e-19 44. It is recommended that the storm drainage beneath the parking garage structure is routed outside the footprint of the proposed improvement, due to potential maintenance and access issues. 45. It appears that the sidewalk around the uphill perimeter of the Project site will act to direct surface water conveyance. It is recommended that the uphill perimeter sidewalk be designed to accommodate flow in a swale. 46. Prior to building or grading permit submittal, the sanitary sewer alignment shall be reviewed by the Las Gallinas Valley Sewer District. It is recommended that the alignment be configured to eliminate or reduce angles where possible. Kaiser Permanente may consider following a similar angular direction of the existing uphill section of sewer, to reach the Fire Lane on the north side of the building in a more direct route, while protecting existing trees where possible. 47. Prior to building permit submittal, a comprehensive utility plan for the roadways and site improvements shall be provided for review and comment. Grading 48. Prior to soil disturbance or stockpiling, a grading permit shall be required from the Department of Public Works located at 111 Morphew St. 49. Truck trips may be limited for delivery, and off-haul as part of the grading permit. This is generally applied during peak hour traffic to reduce congestion. For example, one trip per 15 minutes between 7am-9am and 4pm-6pm. This will be reviewed in more detail at the time of grading permit issuance. 50. For portions of the roadway not identified for repaving, but within the truck route, a pre- construction and post-construction condition survey, similar to the City’s regular pavement condition index, completed by a third party may be required to determine if any damage occurred to the roadway, attributed to the Project. Repairs or funding in lieu of may be required. Traffic 51. A construction vehicle impact fee shall be required at the time of building permit issuance; which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt. 52. Please refer to the Memo from Parisi Transportation Consulting dated March 14, 2017 prepared on behalf of the City, which summarizes the review findings for the Traffic Study. Additional comments were provided in the previous memorandum from the Department of Public Works dated May 15, 2017. 53. As volunteered by Kaiser Permanente, the construction of Los Gamos Dr. / Lucas Valley Road intersection improvements, as a community benefit to also mitigate impacts that could otherwise be significant and unavoidable, (the intersection improvements have been identified as part of the Project EIR, which have been designed to incorporate elements previously identified by the City and updated to meet current standards) is conditioned to address the following: • Signalization of the intersection of Los Gamos and Lucas Valley Rd. with interconnection to the existing Highway 101/Lucas Valley intersection; • Elimination of the free right turn movements, removing the islands and to make the intersection more square; Exhibit 2e-20 • Accessible curb ramps; • Bike Lanes from the Southbound On/Off ramp and through the intersection with Los Gamos; • Repaving, striping, signage and revegetation accordingly; • Preservation of monuments, or setting new; • Relocation or adjustment of existing utilities as required; and • Accommodation for cyclists along Los Gamos. Detailed plans shall be required prior to building permit issuance. These improvements require multiple agency coordination. As noted in comment 33 above, the City may provide comments and conditions for the improvements. 54. Traffic mitigation fees shall be required, based on the increase in peak hour trips currently calculated at $4,246 per AM and PM trip. For 437 AM and PM peak hour trips this equals $1,855,502. Community Development Department, Building Division 55. Prior to use or occupancy of the new building or structure or any portion thereof, a “Certificate of Occupancy” must be issued by the Chief Building Official pursuant to California Building Code Section 111.1. Failure to secure a “Certificate of Occupancy” is a violation and will result in a $500 citation per day for as long as the violation continues. 56. The design and construction of all site alterations shall comply with the 2016 California Residential Code, 2016 California Building Code, 2016 Plumbing Code, 2016 Electrical Code, 2016 California Mechanical Code, 2016 California Fire Code, 2016 California Energy Code, 2016 Title 24 California Energy Efficiency Standards, 2016 California Green Building Standards Code and City of San Rafael Ordinances and Amendments, or the codes that are in effect at the time of building permit submittal. 57. A building permit is required for the proposed work. Applications shall be accompanied by four (4) complete sets of construction drawings to include: a) Architectural plans b) Structural plans c) Electrical plans d) Plumbing plans (fire suppression) e) Mechanical plans if applicable f) Site/civil plans (clearly identifying grade plan and height of the building) g) Structural Calculations h) Soils reports 58. If the parking structure is proposed to have a new address, the address for structure shall be determined by the Chief Building Official. You must apply for a new address for this building from the Building Division. 59. With regard to any grading or site remediation, soils export, import and placement; provide a detailed soils report prepared by a qualified engineer to address these procedures. In particular , the report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to the Building Division and Department of Public Works for review and comments prior to any such activities taking place. Exhibit 2e-21 60. A grading permit may be required for the above-mentioned work. 61. Prior to building permit issuance for the construction of the structure, geotechnical and civil pad certifications are to be submitted. 62. In the parking garage, if mechanical ventilation is required (enclosed parking garage) it will be required to be capable of exhausting a minimum of .75 cubic feet per minute per square foot of gross floor area CMC Table 4-4. Open garages shall conform with CBC Section 406.5 and Closed garages with Section 406.6. 63. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be of noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or trap discharging to sewers in accordance with the Plumbing Code and SW PPP. 64. The site development of items such as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility standards contained in Title-24, California Code of Regulations. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, tra.sh receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums per California Title 24, Part 2. The civil, grading and landscape plans shall address these requirements to the extent possible. 65. The parking garage ceiling height shall have a minimum vertical clearance of 8' 2'' where required for accessible parking. 66. The public accommodation disabled parking spaces must be provided accordioning the following table and must be uniformly distributed throughout the site. Total Number of Parking Spaces Provided Minimum Required Number of H/C Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 Two percent of total 1,001 and over Twenty, plus one for each 100 or fraction thereof over 1,001 67. The project shall be designed to provide access to the physically disabled in accordance with requirements of Title-24, California Code of Regulation. Exhibit 2e-22 68. At least one disabled parking space shall be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Additionally, one in every eight required handicap spaces shall be van accessible. 69. Proposed relocated sewer line needs to be identified as either a mainline or lateral. Las Gallinas Valley Sanitation District 70. LGVSD requires a special site visit with Kaiser Permanente to discuss potential access issues. 71. Kaiser Permanente shall provide adequate vehicle access to all sanitary manholes on the sewer main for District maintenance activities. The area needs to be pav ed and accessible with a 39- foot long truck. 72. No permanent structure shall be constructed within the proposed easement. 73. Kaiser Permanente shall be responsible for preparation of quitclaim deed and new sewer easement documents necessary for recordation by the District. Please submit a draft of the quitclaim deed for review as soon as possible. 74. Complete and submit Application for Allocation of Capacity to LGVSD along with the application fee of $250 when appropriate. Application is available on District website. Applicants shall submit design/construction plans to LGVSD for review when available. Plans must show, including but not limited to, the following: a table showing existing and proposed plumbing fixture count, existing and proposed floor plans showing location of plumbing fixtures, location of backwater prevention devices, sanitary sewer, cleanouts, manholes, and other relevant sanitary sewer information that may be applicable. 75. Based on District Ordinance adopted on August 10, 2017 preliminary cost estimates are: a. For new buildings, structures, and developments: i. $5,968 per Equivalent Sewer Unit ii. Actual fees may be adjusted according to specific conditions outlined in the Ordinance. b. For existing buildings, structures, and developments: i. $298 per Plumbing Fixture Unit (PFU) ii. Credit may be given to existing plumbing fixtures. c. Kaiser Permanente shall reimburse the District for all plan review, field verification before and after construction, and inspection fees accrued associated with this Project. The estimate cost is $7,500. Actual fees may be adjusted according to Project-specific conditions. d. For more information about District Ordinance and permitting process, please visit http://www.lgvsd.org/. San Rafael Fire Department, Fire Prevention Bureau 76. For Fire Protection equipment and systems, the design and construction alterations shall comply with the 2016 California Fire Code, City of San Rafael Ordinances and Amendments, and the 2016 edition of the National Fire Protection Standards. 77. Deferred Submittals for the following fire protection systems shall be submitted to the Fire Prevention Bureau for approval and permitting prior to installation of the systems: a. Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau) b. Fire Standpipe plans (Deferred Submittal to the Fire Prevention Bureau) Exhibit 2e-23 c. Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau) 78. A Post Indicator Valve (PIV) will be provided in proximity to the exposed check valve and Fire Department connection equipment. 79. A Class I standpipe shall be installed in each stairwell. 80. If this structure is to have an independent street address, then address numbers that are on contrasting background, illuminated and 6'' minimum height with 4'' stroke shall be placed in a location that is clearly visible from the street. 81. The entire area fronting the structure shall be posted as a FIRE LANE will all appropriate signage, striping and stenciling. The fire hydrants will have curbs painted red for 15' on either side along the roadway. 82. KNOX Fire Department access equipment shall be installed at both FIRE LANE gates. This will either be a key switch for electric gates, KNOX padlocks for manually operated gates or KNOX key vaults for keys to open gates equipment. Additionally, keys for locked utility and equipment rooms will be placed inside a KNOX key vault. During Construction Community Development Department, Planning Division 83. During any construction period ground disturbance, Kaiser Permanente shall ensure that the Project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less than significant level. The contractor shall implement the following best management practices that are required of all projects (MM AIR-1): a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h) Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Exhibit 2e-24 84. The Project shall implement a Tree Protection Zone to protect existing trees to be retained pursuant to the Urban Forestry Associates arborists report from March 17, 2017. This includes implementation of the arborists checklist and the installation of four-inch metal deer fencing at the canopy edge where possible or otherwise as close to any proposed excavation as possible. 85. Protect Archaeological Resources Identified during Construction: Kaiser Permanente shall ensure that construction crews stop all work within 100 feet of the discovery until a qualified archaeologist can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic features such as artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe, stone, or concrete walls or foundations, and concentrations of ceramic, glass, or metal materials. Native American archaeological materials could include obsidian and chert flaked stone tools (such as projectile and dart points), midden (culturally derived darkened soil containing heat-affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (such as mortars and pestles). (MM CULT-1) 86. Protect Human Remains Identified During Construction: Kaiser Permanente shall treat any human remains and associated or unassociated funerary objects discovered during soil-disturbing activities according to applicable State laws. Such treatment includes work stoppage and immediate notification of the Marin County Coroner and qualified archaeologist, and in the event that the Coroner’s determination that the human remains are Native American, notification of NAHC according to the requirements in PRC Section 5097.98. NAHC would appoint a Most Likely Descendant (MLD). A qualified archaeologist, Kaiser Permanente, County of Marin, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5[d]). The agreement would take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, and final disposition of the human remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach agreement on these matters. (MM CULT-2) 87. Implementation of the unanticipated discovery measures outlined in Section V(b) and (d) above, address the potential discovery of previously unknown resources within the project area. If significant tribal cultural resources are identified onsite, all work would stop immediately within 50 feet of the resource(s) and Kaiser Permanente would comply with all relevant State and City policies and procedures prescribed under PRC Section 21074. (MM TRIBAL-1) Marin Municipal Water District Medical Office Uses 88. The subject property is currently being served by the Marin Municipal Water District (Service Nos. 54267 – Reclaimed 54268). The purpose and intent of Service No. 54268 are to provide water for commercial use. The purpose and intent of Service No. 54267 are to provide reclaimed water for irrigation. The proposed conversion for the existing structure into medical offices will not impair the District’s ability to continue service to this property. 89. The property’s total annual water entitlement of 16.71 acre-feet may be insufficient for the new use, therefore purchase of additional water entitlement may be required. 90. Prior to building permit/grading permit issuance and water service approval, a landscape plan shall be submitted for compliance with all indoor and outdoor requirements of District Code Title 13 – Water Conservation, which requires a landscape plan, an irrigation plan, and a grading plan. Exhibit 2e-25 Any questions regarding District Code Title 13 – Water Conservation should be directed to the Water Conservation Department at 415-945-1497. You can also find information about the District’s water conservation requirements online at www.marinwater.org. 91. Comply with the backflow prevention requirements, if upon the Districts review backflow protection is warranted, including installation, testing and maintenance. Questions regarding backflow requirements should be directed to Dewey Sorensen at (415) 945-1558. 92. Use of recycled water is required, where available, for all approved uses, including irrigation and the flushing of toilets and urinals. Questions regarding the use of recycled water should be directed to Dewey Sorensen at (415) 945-1558. 93. Pursuant to Ordinance No. 429, installation of gray water recycling systems is required when practicable for all projects required to install new water service and existing structures undergoing a “substantial remodel” that necessitates an enlarged water service. Parking Structure – APN 165-220-12 The referenced parcel is not currently being served. This parcel will be eligible for water service upon request and fulfillment to the following conditions: 94. Complete a High-Pressure Water Service Application. 95. Submit a copy of the building permit. 96. Pay the appropriate fees and charges. 97. Complete the structure’s foundation within 120 days of the date of application. 98. Comply with the District’s rules and regulations in effect at the time service is requested. 99. Comply with all indoor and outdoor requirements of District Code Title 13 – Water Conservation. Plans submitted and reviewed to confirm compliance. The following are required: a) Verification of indoor fixtures compliance b) Landscape plan c) Irrigation plan d) Grading plan 100. Comply with the backflow prevention requirements, if upon the District’s review backflow protection is warranted, including installation, testing and maintenance. Questions regarding backflow requirements should be directed to Dewey Sorensen at (415) 945-1558. 101. Use of recycled water is required, where available, for all approved uses, including irrigation and the flushing of toilets and urinals. Questions regarding the use of recycled water should be directed to Dewey Sorensen at (415) 945-1558. 102. Pursuant to Ordinance No. 429, installation of gray water recycling systems is required when practicable for all projects required to install new water service and existing structures undergoing a “substantial remodel” that necessitates an enlarged water service. Pacific Gas & Electric Exhibit 2e-26 103. Electric and gas service to the Project site will be provided in accordance with the applicable extension rules, which are available on PG&E’s website at http://www.pge.com/myhome/customerservice/other/newconstruction or contact (800) PGE- 5000. It is highly recommended that PG&E be contacted as soon as possible so that there is adequate time to engineer all required improvements and to schedule any site work. 104. The cost of relocating any existing PG&E facilities or conversion of existing overhead facilities to underground shall be the sole responsibility of the applicant or property owner. 105. Prior to the start excavation or construction, the general contractor shall call Underground Service Alert (USA) at (800) 227-2600 to have the location of any existing underground facilities marked in the field. Prior to Occupancy Community Development Department, Planning Division 106. Signalize Lucas Valley Rd. / Los Gamos Dr. In coordination with the City of San Rafael, the County of Marin’s Department of Public Works, and Caltrans, Kaiser Permanente shall pay the cost to signalize the Lucas Valley Rd. / Los Gamos Drive intersection to mitigate poor operating conditions. Signalizing the intersection is consistent with improvements identified in the San Rafael General Plan 2020 and is provided as a public benefit as part of the Project. Due to its close proximity to the US-101 Ramp terminal intersections, the new signal should include traffic signal interconnect and be coordinated with the adjacent interchange signals. Additionally, interagency coordination will be required during design, construction and maintenance of the new signal. Therefore, a memorandum of understanding (MOU) will be required between the City of San Rafael and the County of Marin to document the management and maintenance of the new signal, since the US 101/Lucas Valley interchange signals and the new Lucas Valley Rd. / Los Gamos Dr. signal would need to be operated and maintained by one or multiple agencies (MM TRAF-1). 107. Kaiser Permanente shall implement a TDM program. Implementation of TDM strategies would go beyond what is required as part of the PD District, with the goal of reducing employee vehicle trips and reducing the Project’s impact on the regional network. Based on a quantitative assessment of the TDM measures proposed in the Fehr & Peers 1650 Los Gamos Drive FTIA (on file with the City), the Project’s TDM strategies may yield a Project vehicle trip generation reduction of up to 12-percent. 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 the Miller Creek Off-Ramp to Miller Creek On-Ramp 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 is expected to achieve this reduction, however, Kaiser will annually qualitatively 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 to the extent feasible (MM TRAF-2). 108. 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, Exhibit 2e-27 however. For example, adding capacity could facilitate more vehicular traffic but this could also have an adverse impact to pedestrians and bicyclists and result in the div ersion of more pass- through traffic along Las Gallinas Ave. 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, which 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 (MM TRAF-3). 109. 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 Rd./Los Gamos Dr. Intersection. The San Rafael General Plan 2020 (Exhibit 21 #2) identifies improvements at this intersection, including signalizing the intersection, adding dual westbound left turn lanes, reconfiguring the northbound approach, and removing existing striped channelized islands, as illustrated in BKF Intersection Improvement Exhibit plan submitted to the City on July 19, 2018. Due to its close proximity to the US-101 Ramp terminal intersections, the new signal should include traffic signal interconnect and be coordinated with the adjacent interchange signals. Additionally, since the majority of the intersection is located within the County of Marin jurisdiction, interagency coordination will be required during design, construction and maintenance of the new signal. Furthermore, a memorandum of understanding (MOU) will be required between the City of San Rafael and the County of Marin to document the management and maintenance of the intersection and signals since the US 101/Lucas Valley interchange signals and the new Lucas Valley Rd. / Los Gamos Dr. signal would be operated and maintained by one or multiple agencies (MM TRAF-4). 110. Prior to final occupancy of the medical office building, the following improvements shall be completed: i. The proposed 433 space parking structure and continued use of 204 existing parking spaces surrounding the building at 1650 Los Gamos Dr. shall be constructed and operational. ii. The traffic improvement project at Lucas Valley Rd/Los Gamos Dr (i.e., signalization, widening, restriping, and repaving and signal interconnection) along with the other frontage improvements as shown on BKF Intersection Improvement Exhibit plan, dated July 13, 2018, shall obtain all necessary permits from City, County and CalTrans, and the improvements shall be constructed, finalized, and signed off by all permitting agencies and the new signalized intersection and frontage improvements shall be operational. Should the improvements listed above in Use Permit condition #’s 6a and 6b not be completed when the building is completed for occupancy, medical office uses may occupy up to 70% of the existing office building. As documented in the Project’s Draft EIR, a qualitative analysis was conducted by Fehr & Peers for a reduced medical office use project (see Project Alternative 2) to determine how much the Project’s trip generation would need to decrease in order to reduce the Project’s transportation impact to less than significant. Exhibit 2e-28 Based on this analysis, transportation impacts would be less than significant, and the signalized intersection would not be required if the Project includes 70% medical office use or less. Prior to final occupancy of the medical office building, the following improvements shall be completed: 111. Prior to a certificate of occupancy, Kaiser Permanente shall verify that operational stormwater quality control measures that comply with the requirements of the current Phase II Small MS4 Permit have been implemented. (MM HYDRO-2). Responsibilities include, but are not limited to,: a) Designing BMPs into Project features and operations to reduce potential impacts to surface water quality and to manage changes in the timing and quantity of runoff associated with operation of the Project. These features shall be included in the design‐level drainage plan and final development drawings. b) The Project shall incorporate site design measures and Low Impact Development design standards, including minimizing disturbed areas and impervious surfaces, infiltration, harvesting, evapotranspiration, and/or bio‐treatment of stormwater runoff. c) Kaiser Permanente shall establish an Operation and Maintenance Plan. This plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the Phase II Small MS4 Permit. d) Funding for long‐term maintenance of all BMPs shall be specified. 112. Final inspection of the Project by the Community Development Department, Planning Division, is required. Kaiser Permanente shall contact the Planning Division to request a final inspection upon completion of the Project. The final inspection shall require a minimum of 48-hours advance notice. 113. All landscaping and irrigation shall be installed prior to occupancy. In the alternative, Kaiser Permanente shall post a bond with the City in the amount of the estimated landscaping/irrigation installed cost. In the event that a bond is posted, all areas proposed for landscaping shall be covered with bark or a substitute material approved by the Planning Division prior to occupancy. Deferred landscaping through a bond shall not exceed 3 months past occupancy. 114. The landscape architect shall certify in writing and submit to the Planning Division, and call for inspection, that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and been tested for timing and function, and all plants including street trees are healthy. Any dying or dead landscaping shall be replaced. 115. Prior to final occupancy, Kaiser Permanente shall submit evidence of a two-year maintenance contract for landscaping or alternately post a two-year maintenance bond. 116. All ground- and rooftop-mounted mechanical equipment shall be fully screened from public view. 117. All trash enclosures shall be screened by a combination of fencing with privacy slats and landscaping. 118. All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 90-day lighting level review by the Police Department Exhibit 2e-29 and Planning Division to ensure compatibility with the surrounding area and conformance with that identified in Condition #27 above. 119. All plan details shall be implemented as indicated plans approved for building permit, in compliance with all conditions of approval and applicable City zoning code requirements, to the satisfaction of the Community Development Director. Any outstanding fees including planning review fees, inspection fees, etc. shall be paid. Public Works Department Drainage 120. A stormwater agreement, and stormwater Operation and Maintenance (O&M) plan shall be required to comply with stormwater requirements. More information is available from MCSTOPPP, hosted on the Marin County Website. See tools and guidance, and post construction requirements at: http://www.marincounty.org/depts/pw/divisions/mcstoppp/development/new-and- redevelopment-projects 121. The Los Gamos Dr. frontage sidewalks shall be revised to meet accessibility requirements, notably at the existing driveway aprons of the new parking structure. Any deficiencies or trip hazards shall be addressed prior to occupancy, based on conditions observed in the field. 122. The existing mid-block crosswalk shall be replaced with a crosswalk located in line with the pedestrian entrance/exit to the garage. This crosswalk shall include bulb-outs and a rapid repeating flashing beacon (RRFB) similar to others utilized in the City. The RRFB shall be hardwired and a meter provided. Prior to building permit submittal, the location plan for the bulb outs and RRFB shall be revised to show a current aerial photograph. After Occupancy Community Development Department, Planning Division 123. Following the issuance of a Certificate of Occupancy, all new exterior lighting shall be subject to a 90-day lighting level review period by the City to ensure that all lighting sources provide safety for the building occupants while not creating a glare or hazard on adjacent streets or be annoying to adjacent residents. During this lighting review period, the City may require adjustments in the direction or intensity of the lighting, if necessary. All exterior lighting shall include a master photoelectric cell with an automatic timer system, where the intensity of illumination shall be turned off during daylight. Sign Program Amendment (SP17-001) Conditions of Approval Community Development Department, Planning Division 1. The sign program and appearance and location of all approved signage, as presented to the Planning Commission at its August 28, 2018 hearing, labeled Kaiser Permanente 1650 Los Gamos Dr. Medical Office Building Project, and on file with the Community Development Department, Planning Division, shall be the same as required for issuance of all building permits, subject to these conditions. Minor modifications or revisions to the signage shall be subject to review and approval of the Community Development Department, Planning Division. Further modifications deemed not minor by the Community Development Director shall require an amendment to the Sign Program Exhibit 2e-30 2. This Sign Program Amendment shall run with the land and shall remain valid regardless of any change of ownership of the Project site, subject to these conditions, provided that a building/grading permit is issued and construction commenced or a time extension request is submitted to the City’s Community Development Department, Planning Division, within two (2) years of approval, or , 2020. Failure to obtain a building permit or grading permit and construction or grading activities commenced, or failure to obtain a time extension within the two-year period will result in the expiration of this Sign Program. 3. This Sign Program Amendment (SP17-001) approving revised site and building signage shall run concurrently with the approved Environmental and Design Review Permit (ED17-011) and Master Use Permit (UP17-001). If either entitlement expires, this Sign Program Amendment shall also expire and become invalid. 4. Future changes to the signage shall require a Sign Permit to review and confirm changes are consistent with the Sign Program. 5. If future signage changes do not meet the Sign Program, the signage shall be revised to meet the approved Program or a Sign Program amendment will need to be applied for and approved The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission held on the 28th day of August 2018. Moved by Commissioner and seconded by Commissioner : AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: ______________________ BY:______________________ Paul A. Jensen, Secretary Sarah Loughran, Vice-Chair EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-1 LAND USE ELEMENT LU-9. Intensity of Nonresidential Development. Commercial and industrial areas have been assigned floor area ratios (FAR’s) to identify appropriate intensities (see Exhibits 4, 5 and 6). Maximum allowable FAR’s are not guaranteed, particularly in environmentally sensitive areas. Intensity of commercial and industrial development on any site shall respond to the following factors: site resources and constraints, traffic and access, potentially hazardous conditions, adequacy of infrastructure, and City design policies. Consistent According to Exhibit 5 of the General Plan, the maximum FAR for this site in the North San Rafael Commercial Center is 0.30. Reuse of the existing building, which is 148,000 square feet would not change the existing allowable land density, which is 0.3 FAR and generally within the maximum allowable .30 FAR. LU-10. Planned Development Zoning. Require Planned Development zoning for development on a lot larger than five acres in size, except for the construction of a single-family residence. Consistent, with the requested Zoning Amendment The property is presently zoned Planned Development (PD-1590 Lucas Green). In order to approve this project, the proposal includes a request for a change to the existing PD zoning. With the requested amendment to the PD District, the project would be consistent with Policy LU-10. LU-12. Building Heights. Citywide height limits in San Rafael are described in Exhibits 7 and 8. For North San Rafael height limits see Exhibit 8: Consistent According to Exhibit 8 (Building Heights Limits in North San Rafael) of the General Plan, the maximum height limit for this property is 36 feet. The General Plan defines height of a building for non-hillside homes as determined by the methods in the latest edition of the Uniform Building Code. This definition measures height of a building as the vertical distance above a reference datum measured to the highest point of a flat roof. Using this definition, the proposed parking structure would total 23 feet in height as measured by the Uniform Building Code, and would therefore be consistent with the height limits for this site. Furthermore, mechanical equipment and the elevator tower are not included in height calculations based on the City’s Zoning Ordinance. LU-14. Land Use Compatibility. Design new development in mixed residential and commercial areas to minimize potential nuisance effects and to Consistent with Conditions The project site is located in a general office area of the North San Rafael Commercial area, including a large general office building and surface parking to the south of the site. The EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-2 enhance their surroundings. proposed medical office building is consistent with the existing Lucas green office park and other buildings found in the vicinity. The design of the parking structure is within the size and massing of other commercial buildings found throughout the area. Project impacts such as noise, traffic, lighting and hours of operation have been evaluated as part of the review of the Use Permit and it has been determined that there are no significant effect on the environment. LU-23. Land Use Map and Categories. Land use categories are generalized groupings of land uses and titles that define a predominant land use type (See Exhibit 11). All proposed projects must meet density and FAR standards (See Exhibits 4, 5 and 6) for that type of use, and other applicable development standards. Some listed uses are conditional uses in the zoning ordinance and may be allowed only in limited areas or under limited circumstances. Maintain a Land Use Map that illustrates the distribution and location of land uses as envisioned by General Plan policies. (See Exhibit 11). Consistent This site is designated with the “Office” District land use category. Medical office is an allowable land use. The proposed office use and parking structure project would be consistent with the existing development area and is allowed by this land use designation. HOUSING ELEMENT H-6. Funding for Affordable Housing. Seek proactive and creative ways to lower housing costs for lower income households and people living with special needs. Continue to use local, state and federal assistance to achieve housing goals and to increase ongoing local resources to provide for affordable housing. Consistent As required by the City of San Rafael development fees; the project is required to pay an in-lieu fess into the City’s affordable housing fund. Program H-6a In-Lieu Fees for Affordable Housing. Dedicate in-lieu fees for affordable housing, including rehabilitation, acquisition and design support for Consistent As stated under response to Policy H-6, the project may be required to pay an in lieu (based on a formula of development size per affordable unit cost) into the City’s affordable housing fund. EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-3 second units and infill housing. NEIGHBORHOODS ELEMENT NH-7. Neighborhood Identity and Landmarks. Enhance neighborhood identity and sense of community by retaining and creating gateways, landmarks, and landscape improvements that help to define neighborhood entries and focal points. Consistent The proposed project includes building design that presents an entry and focal point for the project off Los Gamos Drive. Landscape plans are consistent with established landscaping for the Lucas Green development. NH-8. Parking. Maintain well-landscaped parking lots and front setbacks in commercial and institutional properties that are located in or adjacent to residential neighborhoods. Promote ways to encourage parking opportunities that are consistent with the design guidelines. Consistent The proposed project includes landscape plans for surface and structured parking areas and maintains existing and required setbacks for adjacent properties. NH-136. Design Excellence. Assure quality of design by supporting policies that encourage harmonious and aesthetically pleasing design for new and existing development. Upgrade and coordinate landscaping, signage, and building design in the Town Center area, as well as improving building and landscaping maintenance. Consistent The proposed project includes building design consistent with existing development in the plan area. NH-138. Industrial Uses and Design Improvement. Upgrade building design and landscaping with new construction and remodeling projects, particularly along Redwood Highway. Evaluate the design of projects considering the views from Highway 101, with particular attention paid to rooftop equipment and screening of mechanical equipment. Consistent The proposed project includes building design consistent with existing development in the plan area. Mechanical and roof top equipment would be hidden from view or screened behind enclosures. COMMUNITY DESIGN ELEMENT CD-5. Views. Respect and enhance to the greatest extent possible, views of the Bay and its islands, Bay Consistent This proposed project would not have a significant impact on views of the hills and ridgelines or EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-4 wetlands, St. Raphael’s church bell tower, Canalfront, marinas, Mt. Tamalpais, Marin Civic Center and hills and ridgelines from public streets, parks and publicly accessible pathways. Mt. Tamalpais from public vantage points around the site. The proposed project is within the height limit established for the site and within the context of the surrounding development. Furthermore, the Design Review Board reviewed the proposed project for consistent with this Community Design policies of the General Plan. CD-10 (Non-Residential Design Guidelines). Recognize, preserve and enhance the design elements that contribute to the economic vitality of commercial areas. Develop design guidelines to ensure that new nonresidential and mixed-use development fits within and improves the immediate neighborhood and the community as a whole. Consistent with conditions As part of the General Plan 2020, the City adopted residential design guidelines for non- residential projects. The Design Review Board reviewed the proposed project for consistency with both the City’s non-residential and residential guidelines and recommended approval of the project with minor recommendations for façade treatments. This requirement has been incorporated in conditions of approval. CD-15. Participation in Project Review. Provide for public involvement in the review of new development, renovations, and public projects with the following: a) design guidelines and other information relevant to the project as described in the Community Design Element that would be used by residents, designers, project developers, City staff, and City decision makers; b) distribution of the procedures of the development process that include the following: submittal information, timelines for public review, and public notice requirements; c) standardized thresholds that state when design review of projects is required (e.g. residential conversions, second-story additions); and d) effective public participation in the review process. Consistent When the application for this project was received, copies of plans were referred to all surrounding neighborhood groups. Notices of public hearings were mailed to all property owners, neighborhood groups and interested parties within 300 of the project site informing them of the proposed project and all public meetings prior to both public meetings (prior to this DRB meeting) conducted for this project. In addition, the site was posted with notice of all public meetings on this proposed project. The applicant has been active in reaching out to community and neighborhood groups. CD-16. Property Maintenance. Provide incentives and enforcement to achieve desirable property maintenance. Consistent with conditions As part of this Environmental and Design Review Permit, conditions of approval will be included requiring a landscape and property maintenance agreements. CD-18. Landscaping. Recognize the unique contribution provided by landscaping, and make it a significant component of all site design. Consistent with conditions A landscape plan was presented as part of this project for new landscaping. The landscape plan was reviewed by the Design Review Board and found to be acceptable. EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-5 CD-19. Lighting. Allow adequate site lighting for safety purposes while controlling excessive light spillover and glare. Consistent A lighting plan was not included in the landscape plan, however, the proposed project is designed to have a consistent landscaping and lighting plan. Furthermore, a final lighting plan will be required prior to issuance of a building permit and once the lighting is installed, there will be a 30-day lighting review to confirm the light levels and require adjustments if necessary. CD-21. Parking Lot Landscaping. Provide parking lot landscaping to control heat build-up from pavement, reduce air pollution, provide shade cover for vehicles and soften the appearance of the parking lot. Emphasize the use of trees, and limit the height of shrub plantings so as to avoid creating security problems. CD-21a. Parking Lot Landscaping Requirements. Update parking lot landscape requirements to increase the screening of parking lots from the street and nearby properties. Requirements would address appropriate size and location of landscaping, necessary screening consistent with security considerations, tree protection measures, and appropriate percent of shade coverage required of parking lot trees. Include maintenance requirements in all approvals. CD-21b. Parking Lot Landscape Enforcement. Require that newly installed parking lot landscaping be maintained and replaced as needed. Assure that landscaping is thriving prior to expiration of the required 2-year maintenance bond. Consistent A landscape plan was presented as part of this project for new landscaping which included screen/shade trees adjacent to the parking structure, and replacement trees to mitigate proposed tree removals. A solar structure is proposed for the upper deck of the parking structure that will cover all vehicle parking stalls. EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-6 ECONOMIC VITALITY Policy EV-1. Economic Health and Quality of Life Understand and appreciate the contributions essential to our quality of life made by a healthy economy, especially to public safety, our schools, recreation, and government services. Consistent The proposed project would help retain an existing business in the City thus contributing to the City’s economic vitality. The project would result in the occupancy of a large, largely vacant existing office building and adjacent parking lot, which would enhance the physical environment of the Los Gamos Drive / Lucas Valley Road intersection and surrounding area. Policy EV-2. Seek, Retain, and Promote Businesses that Enhance San Rafael. Recruit and retain businesses that contribute to our economic vitality, thus helping to provide needed local goods, services and employment, and enhance the City’s physical environment. Consistent The proposed project would help retain an existing business in the City thus contributing to the City’s economic vitality. The project would result in the occupancy of a large, largely vacant existing office building and adjacent parking lot, which would enhance the physical environment of the Los Gamos Drive / Lucas Valley Road intersection and surrounding area. Policy EV-4. Local Economic and Community Impacts. In addition to review of environmental, traffic and community design impacts, take the following into account when major projects, policies and land use decisions are under review: • Fiscal impacts on the City’s ability to provide and maintain infrastructure and services. • Impacts on the community such as the provision of jobs which match the local workforce, commute reduction proposals, and affordable housing. • Additional or unique economic, fiscal and job- related impacts. • Fiscal and community impacts of not approving a project, plan or policy. Consistent Required infrastructure and services are already available for the property. The project site is located off Los Gamos Road. The proposed project would add to the local job pool that in turn, would result in commute reduction for local employees who would be employed by Kaiser. The business would contribute its share towards affordable housing as required under the Zoning Ordinance. EV-11. Promotion of Workplace Alternatives. Promote the establishment of workplace alternatives, including home-based businesses, telecommuting Consistent The project applicant has included a Transportation Demand Management Plan as part of the project and includes concepts like carpooling and shuttle services. EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-7 and satellite work centers. EV-11a. Home Occupations. Work with neighborhood organizations and business owners to reexamine and update home occupation zoning regulations to reflect changing trends. Continue to enforce compliance of unlicensed home businesses. EV-11b. Telecommute Policy. Consider establishing a telecommute policy for City employees. EV-11c. Workplace Alternatives. Encourage employers to offer workplace alternatives and promote the formation of satellite business centers. Program EV-13a. Zoning Regulations. Review zoning and development regulations for each business area and make sure that they are consistent, with the objective of strengthening the unique economic role of each area. Consistent The PD zoning PD-1590 is requested to be amended to accommodate the Kaiser project which will contribute to the important economic role in the City. CIRCULATION ELEMENT C-5. Traffic Level of Service Standards. A. Intersection LOS. In order to ensure an effective roadway network, maintain adequate traffic levels of service (LOS) consistent with standards for signalized intersections in the A.M. and P.M. peak hours as shown below, except as provided for under (B) Arterial LOS. Consistent The traffic analysis for this new project identifies that the project would generate 437 more peak trips (125 in the A.M. peak period and 312 trips in the PM peak period) by adding the medical office uses. Although there are more peak hours than previous uses, the overall trip generation would remove vehicles from the existing neighborhoods in Terra Linda, to access points just off US Highway 101. Because additional trips would reduce LOS at the Lucas Valley Road / Los Gamos Drive intersection, the proposed mitigation for a signalized intersection is an improvement that has been identified and addressed in the General Plan 2020. Policy C-6 Proposed Improvements The proposed circulation improvements in Exhibit 21 have been Consistent The DEIR prepare for the Project identifies a mitigation measure for an intersection improvement EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-8 identified as potentially needed to improve safety and relieve congestion in San Rafael over the next 20 years. Major Proposed Circulation Improvements include those improvements deemed necessary to maintain City LOS standards. Other recommended roadway improvements, include additional improvements that may become necessary in the long-term and are desirable to enhance San Rafael’s circulation system, but are not necessary to maintain LOS standards. Specific improvements will be implemented as conditions require, and will be refined during the design phase. Recognize that other feasible design solutions may become available and be more effective in achieving the same goals as the improvements listed in Exhibit 19, and allow for their implementation, consistent with the most recent engineering standards. As conditions change, planned roadway improvements may be amended, through the annual General Plan Review. Roadway improvements are implemented through the Capital Improvements Program, and are typically funded through a variety of sources, including Traffic Mitigation Fees. Environmental review is required. at Los Gamos Drive and Lucas Valley Road. The intersection improvement is identified in Policy C-6 in the General Plan. Policy C-7. Circulation Improvements Funding. Take a strong advocacy role in securing funding for planned circulation improvements. Continue to seek comprehensive funding that includes Federal, State, County and Redevelopment funding, Local Traffic Mitigation Fees and Assessment Districts. The local development projects’ share of responsibility to fund improvements is based on: (1) the generation of additional traffic that creates the need for the improvement; (2) the improvement’s role in the overall traffic network; (3) the probability of securing funding from alternative sources; and (4) the timing of Consistent with mitigation measures/conditions The City of San Rafael has adopted Traffic Mitigation fees for new projects. The Traffic Mitigation fees are used to make necessary improvements to the traffic network. As proposed, the project would be required to pay approximately $1,800,000.00 in traffic mitigation fees, which would support circulation improvements funding under Policy C-6 and C-7. EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-9 the improvement. C-8. Eliminating and Shifting Peak Hour Trips. Support efforts to limit traffic congestion through eliminating low occupancy auto trips or shifting peak hour trips to off-peak hours. Possible means include telecommuting, walking and bicycling, flexible work schedules, car and vanpooling and other Transportation Demand Management approaches. Consistent The project applicant has included a Transportation Demand Management Plan as part of the application submittal and includes concepts like carpooling, bicycle parking, shuttle services, and transit subsidies. C-12. Transportation Demand Management. Work cooperatively with governmental agencies, non- profits, businesses, institutions and residential neighborhoods to create new and effective Transportation Demand Management (TDM) programs to minimize single occupancy automobile use and peak period traffic demand. C-12a. Regional Support for TDM. Support regional efforts to work with employers to provide TDM programs. C-12b. City Support for TDM. Serve as a resource to employers wishing to implement TDM by providing information through printed materials, workshops and other means. Encourage smaller employers to “pool” resources to create effective TDM programs. C-12c. City TDM Program. Identify cost-effective City of San Rafael TDM programs for City employees. Consider approaches taken by the County in its Employee Commute Alternative Program. Consistent The project applicant has included a Transportation Demand Management Plan as part of the application submittal and includes concepts like carpooling, bicycle parking, shuttle services, and transit subsidies. INFRASTRUCTURE ELEMENT I-10. Sewer Facilities. Existing and future development needs should be coordinated with Consistent The site is already served by the Las Gallinas Valley Sanitation District and they have reviewed EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-10 responsible districts and agencies to assure that facility expansion and/or improvement meets Federal and State standards and occurs in a timely fashion. the project and determined that there is adequate capacity to serve the addition of this facility. GOVERNANCE G-1. Jobs and Diversity. Encourage the creation and retention of a wide variety of job opportunities at a mix of economic levels. Consistent The proposed project would add medical office space to the existing office building which is owned by Kaiser. SAFETY ELEMENT S-1. Location of Future Development. Permit development only in those areas where potential danger to the health, safety and welfare of the residents of the community can be adequately mitigated. Consistent Geoseismic dangers have been evaluated through the original review and approvals process for the existing office building and have consistently found that the project would not pose potential danger to the health, safety and welfare of the community. S-3. Use of Hazard Maps in Development Review. Review Slope Stability, Seismic Hazard, and Flood Hazard Maps at the time a development is proposed. Undertake appropriate studies to assure identification and implementation of mitigation measures for identified hazards. Consistent The Geology and Stability Map and Flood Hazard Area Maps of the General Plan, Exhibits 27 and 29, were reviewed and it was determined that based on these maps, portions of the site are located in the 100-year flood hazard area and located in an areas that is characterized as artificial fill. S-4. Geotechnical Review. Continue to require geotechnical investigations for development proposals as set forth in the City's Geotechnical Review Matrix (Appendix F). Such studies should determine the actual extent of geotechnical hazards, optimum design for structures, the advisability of special structural requirements, and the feasibility and desirability of a proposed facility in a specified location. Consistent with conditions A Geotechnical Investigation Report was prepared by Geoshpere Consultants and reviewed by the City as a component of the Initial Study prepared for the project. The report meets the requirements set forth in the Geotechnical Review Matrix and is appropriate for the preliminary design stages of the project. The peer review found that the project is feasible from a geotechnical engineering standpoint. Furthermore, implementation of Mitigation Measures GEO- 1 of the project Initial Study will ensure that the project is constructed to the satisfaction of the City Engineer. This measure will be incorporated as conditions of approval S-5. Minimize Potential Effects of Geological Consistent with conditions EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-11 Hazards. Development proposed within areas of potential geological hazards shall not be endangered by, nor contribute to, the hazardous conditions on the site or on adjoining properties. Development in areas subject to soils and geologic hazards shall incorporate adequate mitigation measures. The City will only approve new development in areas of identified hazard if such hazard can be appropriately mitigated. The above-mentioned Geotechnical Investigation Reports and peer reviews found that the proposed development was feasible from a geotechnical standpoint and recommended mitigation measures to ensure the potential hazards would not endanger the proposed development. Mitigation measures will be incorporated as conditions of approval. S-6. Seismic Safety of New Buildings. Design and construct all new buildings to resist stresses produced by earthquakes. The minimum level of seismic design shall be in accordance with the most recently adopted building code as required by State law. Consistent The project site including a major portion of Marin County is located within Seismic Source Type “A” (capable of large magnitude earthquakes and high rate of seismic activity). As recommended by the Mitigation Measure GEO-1 in the project Initial Study, a Geotechnical report must be prepared and submitted with building permit plans would guide the design and construction of the new building to resist stresses produced by earthquakes. With the implementation of this measure, the project is consistent with this policy for Seismic Safety of New Buildings. Mitigation measures will be incorporated as conditions of approval. S-12. Use of Environmental Databases in Development Review. Review the San Rafael Fire Department’s database of contaminated sites at the time a development is proposed. Undertake appropriate studies to assure identification and implementation of mitigation measures for sites on or near identified hazards. Consistent A Phase I environmental report was prepared for the existing office building as part of the environmental review and Initial Study.The site is not included on a list of hazardous m aterial sites compiled by the state. No further studies or action is required. S-13. Potential Hazardous Soils Conditions. Where development is proposed on sites with known previous contamination, sites filled prior to 1974 or sites that were historically auto service, industrial or other land uses that may have involved hazardous materials, evaluate such sites for the presence of toxic or hazardous materials. The requirements for site-specific investigation are contained in the Geotechnical Review Matrix. Consistent See Response to S-12 above. EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-12 S-14. Hazardous Materials Storage, Use and Disposal. Enforce regulations regarding proper storage, use and disposal of hazardous materials to prevent leakage, potential explosions, fires, or the escape of harmful gases, and to prevent individually innocuous materials from combining to form hazardous substances, especially at the time of disposal. Consistent No hazardous materials are proposed to be used, stored or disposed of at this site as part of the new mixed-use building. This proposed project would not impact that permit and no further permitting or evaluation is necessary. S-18 Storm Drainage Improvements. Require new development to improve local storm drainage facilities to accommodate site runoff anticipated from a “100-year” storm . S-18a. Storm Drainage Improvements. Require that new development proposals which are likely to affect the limited capacity of downstream storm drainage facilities provide a hydrological analysis of the storm drain basin of the proposed development and evaluate the capacity of existing downstream storm drainage facilities and fund improvements to accommodate increased drainage from the project site resulting from a 100-year storm, where practical. Consistent with conditions An Initial Study has been prepared to evaluate the hydrology and water quality impacts of the proposed project on the environment and determined that through implementation of recommended mitigation measures impacts could be reduced to less than significant levels. The proposed project would also implement stormwater control measures such as Low Impact Development (LID) and Best Management Practices (BMP’s) to address long-term operational water quality impacts associated with the project. S-22. Erosion. Require appropriate control measures in areas susceptible to erosion, in conjunction with proposed development. Erosion control measures and management practices should conform to the most recent editions of the Regional Water Quality Control Board’s Erosion and Sediment Control Field Manual and the Association of Bay Area Governments’ Manual of Standards for Erosion and Sediment Control or equivalent. S-22a. Erosion Control Programs. Review and approve erosion control programs for projects involving grading one acre or more or 5,000 square feet of built surface as Consistent with conditions An Initial Study has been prepared to evaluate the hydrology and water quality impacts of the proposed project on the environment and determined that through implementation of recommended mitigation measures impacts could be reduced to less than significant levels. This project has been reviewed by the City’s Public Works Department which implements the erosion and sediment control standards and regulations. A standard condition of approval would require the applicant to submit a soil management plan (SMP) addressing soil and groundwater management for review and approval by the City of San Rafael Public Works Department prior to the issuance of building permits. EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-13 required by Standard Urban Stormwater Management Plans (SUSUMP). Evaluate smaller projects on a case-by-case basis. S-22b. Grading During the Wet Season. Discourage grading during the wet season and require that development projects implement adequate erosion and/or sediment control and runoff discharge measures. S-25. Regional Water Quality Control Board (RWQCB) Requirements. Continue to work through the Marin County Stormwater Pollution Prevention Program to implement appropriate Watershed Management plans as dictated in the RWQCB general National Pollutant Discharge Elimination System permit for Marin County and the local stormwater plan. Consistent with condition This project has been reviewed by the City’s Public Works Department which implements the Stormwater Pollution Prevention standards and regulations. As designed, the proposed project includes adequate measures to reduce stormwater run-off consistent with the standards established by the RWQCB. The project would direct all run-off to the landscape areas and on- site filtration devices, before being discharged into the City’s stormdrain system. A standard condition of approval would require the applicant to submit a Storm Water Pollution Prevention Plan (SWPPP) for review and approval by the City of San Rafael Public Works Department prior to the issuance of building permits. S-26. Fire and Police Services. Maintain adequate cost-effective fire protection, paramedic and police services. Minimize increases in service needs from new development through continued fire prevention and community policing programs. Consistent with conditions The City of San Rafael Police and Fire Departments have both reviewed the proposed project and certain conditions of approval to ensure that the new development would comply with their regulations and standards. The Fire Department has found that the project would comply with all Fire Codes and their recommended conditions of approval have been incorporated. The Crime Prevention officer of the Police Department has also reviewed the proposed project and found that the use and structure would be consistent with their crime prevention standards. NOISE ELEMENT N-1. Noise Impacts on New Development. Protect people in new development from excessive noise by applying noise standards in land use decisions. Apply the Land Use Compatibility Standards (see Exhibit 31) to the siting of new uses in existing noise environments. These standards identify the acceptability of a project based on noise exposure. If Consistent with condition Exhibit 31 of the General Plan 2020 illustrates the land use compatibility standards for locating new development in existing environments. The land use category for the proposed use would be medical office. New uses in this category are conditionally permitted in environments that exhibit between 65 a d 85 Ldn (dB). An evaluation in the DEIR of the existing noise environment around the site found that the project would be consistent with adopted Noise Ordinance and Policies. EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-14 a project exceeds the standards in Exhibit 31, an acoustical analysis shall be required to identify noise impacts and potential noise mitigations. Mitigation should include the research and use of state-of-the- art abating materials and technology. N-3. Planning and Design of New Development. Encourage new development to be planned and designed to minimize noise impacts from outside noise sources. Consistent See N-1 above N-4. Noise from New Nonresidential Development. Design nonresidential development to minimize noise impacts on neighboring uses. a. Performance Standards for Uses Affecting Residential Districts. New nonresidential development shall not increase noise levels in a residential district by more than Ldn 3 dB, or create noise impacts that would increase noise levels to more than Ldn 60 dB at the property line of the noise receiving use, whichever is the more restrictive standard. b. Performance Standards for Uses Affecting Nonresidential and Mixed Use Districts. New nonresidential projects shall not increase noise levels in a nonresidential or mixed-use district by more than Ldn 5 dB, or create noise impacts that would increase noise levels to more than Ldn 65 dB (Office, Retail) or Ldn 70 dB (Industrial), at the property line of the noise receiving use, whichever is the more restrictive standard. c. Waiver. These standards may be waived if, as determined by an acoustical study, there are mitigating circumstances (such as higher existing noise levels), and no uses would be adversely affected. N-4a. Require Acoustical Study. Identify through an acoustical study noise mitigation Consistent A DEIR has been prepared to evaluate the noise impacts of the proposed project on sensitive receptors and determined that there are no significant effects to the environment. Best Management construction techniques approval to limit potential sources of auditory impacts will be implemented as a condition of approval. EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-15 measures to be designed and built into new nonresidential and mixed-use development, and encourage absorptive types of mitigation measures between noise sources and residential districts. N-5. Traffic Noise from New Development. Minimize noise impacts of increased off-site traffic caused by new development. Where the exterior Ldn is 65 dB or greater at a residential building or outdoor use area and a plan, program, or project increases traffic noise levels by more than Ldn 3 dB, reasonable noise mitigation measures shall be included in the plan, program or project. Consistent A DEIR has been prepared to evaluate the noise impacts of the proposed project on sensitive receptors and determined that there are no significant effects to the environment. Best Management construction techniques approval to limit potential sources of auditory impacts during construction will be implemented as a condition of approval. The DEIR concluded that there would be no long-term impacts due to operational activities. CONSERVATION ELEMENT CON-1. Protection of Environmental Resources. Protect or enhance environmental resources, such as ridgelines, wetlands, diked baylands, creeks and drainageways, shorelines and habitat for threatened and endangered species. Consistent The proposed project would be developed on a previously developed site on which there are no known environmental resources. CON-6. Creek and Drainageway Setbacks. Require development-free setbacks, except for specific access points as approved per policy CON-7 (Public Access to Creeks), from existing creeks and drainageways that will maintain the functions and resulting values of these habitats. Appropriate erosion control and roadway crossings may encroach into the development setback. In the absence of vegetation, promote new growth of natural habitat. a. Creek Setback. Maintain a minimum 25- foot development-free setback from the top of creek banks for all new development (including, but not Consistent The project is proposed on an existing developed surface parking lot. The project is greater than 125 feet from the top of bank setback from the unnamed creek along the north boundary of the project site. No improvements are proposed in this area. EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-16 limited to, paving and structures), except for Miller Creek and its tributaries, where a minimum 50-foot setback shall be maintained. Setbacks up to 100 feet may be required on lots or development projects two or more acres in size where development review determines a wider setback is needed to maintain functions and resulting habitat values and in areas where high quality riparian habitat exists. The City may waive this requirement for minor encroachments if it can be demonstrated that the proposed setback adequately protects the functions of the creek to the maximum extent feasible and resulting values to the satisfaction of the City after review by the appropriate regulatory agencies. b. Drainageway Setbacks. Drainageway setbacks shall be established through individual development review, taking into account existing habitat functions and resulting values. CON-6a. Municipal Code Compliance. Ensure that the San Rafael Municipal Code complies with local, state, and federal regulatory agencies requirements for erosion control. CON-7. Public Access to Creeks. Provide pedestrian access to points along creeks throughout the City where such access will not adversely affect habitat values. CON-7a. Creek Access Points. Proactively identify and create desirable access points to creeks on public lands. CON-7b. Public Access. Through the development review process, identify and secure areas appropriate for access points to creeks. CON-7c. Website Publicity. Use the City’s website to publicize information about Consistent The proposed project includes pedestrian pathways and sidewalks that provide connections to existing public pedestrian’s paths. EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-17 protecting and accessing San Rafael’s creeks and waterways. CON-7d. Creek Signage. Develop a program to provide attractive signage identifying creeks. CON-16. Landscape with Native Plant Species. Encourage landscaping with native and compatible non-native plant species, especially drought-resistant species. CON-16a. Distribution of Information. Distribute Marin Municipal Water District and other organizations’ educational materials about native plant landscaping. Consistent The project includes a landscape plan that is consistent with drought-tolerant planting and native species. CON-17. Resource-efficient Organizations and Businesses. Encourage businesses, commercial property owners, apartment building owners and non- profit organizations to be resource, energy and water efficient. CON-17a. Regional Energy Office. Consider participation in the County’s Regional Energy Office. CON 17b. Green Business Program. Encourage San Rafael businesses to participate in the County's Green Business program. Consistent The project includes a landscape plan that is consistent with drought-tolerant planting and native species. CON-18. Resource-Efficient Building Design. Promote and encourage residences to be resource, energy and water efficient by creating incentives and removing obstacles to promote their use. CON-18a. Energy-efficient Homes. Encourage the construction of homes and buildings that exceed Title 24 standards. Consider adoption of an ordinance requiring greater energy efficiency in construction of larger homes. CON-18b. Zoning and Building Code Review. Identify barriers to resource efficiency in the Zoning and Building Codes Consistent The project is designed to be energy efficient and adhere to LEED standards for commercial development. EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-18 and evaluate the suitability of removing those obstacles. CON-18c. Use of Alternative Building Materials. Evaluate the benefits and impacts of amending the City’s building codes and zoning ordinances to allow the use of acceptable resource-efficient alternative building materials and methods. CON-18d. Incentives for Solar and Clean Energy. Seek ways to provide incentives for solar and clean energy systems. CON-18e. LEED Program. Encourage developers to use “Leadership in Energy and Environmental Design” Standards. CON-20. Water Conservation. Encourage water- conserving practices in businesses, homes and institutions and increase the use of recycled water. CON-20a. Water Conserving Landscaping. Make available to property managers, designers and homeowners information about water-conserving landscaping and water-recycling methods and resources. CON-20b. Water Recycling. Support the extension of recycled water distribution infrastructure. Require the use of recycled water where available. Consistent The project includes a landscape plan that is consistent with drought-tolerant planting and native species. CON-23. Energy-efficient Transportation Programs. Encourage the creation of programs such as Transportation Systems Management (TSM), public transit, carpools/ vanpools, ride-match, bicycling, and other alternatives to the energy- inefficient use of vehicles. CON-23a. City Carpool. Encourage incentive for the creation of car or vanpools for city employees. Consistent The existing Master Use Permit requires the project sponsor to submit a TSM for evaluation of alternative transportation programs. The applicant has included a TDM as part of the application submittal. AIR AND WATER QUALITY ELEMENT EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-19 AW-1. State and Federal Standards. Continue to comply and strive to exceed state and federal standards for air quality for the benefit of the Bay Area. Consistent with condition Due to the nature of the proposed development, the project would not generate any excessive air quality impacts and would be consistent with the Bay Area Air Quality District requirements Traffic associated with the facility was evaluated and found to be within the thresholds established for air quality impacts. Furthermore, the proposed development is within the additional development assumed under the General Plan 2020 and therefore cumulative impacts have been analyzed and found to be acceptable. AW-2. Land Use Compatibility. To ensure excellent air quality, promote land use compatibility for new development by using buffering techniques such as landscaping, setbacks and screening in areas where different land uses abut one another. Consistent This proposed development is situated in the North San Rafael Commercial District area and abuts many other similar use buildings. The proposed land use from this project is compatible with surrounding land uses. AW-4. Particulate Matter Pollution Reduction. Promote the reduction of particulate matter pollution from roads, parking lots, construction sites, agricultural lands and other activities. AW -4a. Pollution Reduction. Through development review, ensure that any proposed new sources of particulate matter use latest control technology (such as enclosures, paving unpaved areas, parking lot sweeping and landscaping) and provide adequate buffer setbacks to protect existing or future sensitive receptors. AW -4b. Fireplaces and Wood burning Stoves. Cooperate with the local air quality district to monitor air pollution and enforce mitigations in areas affected by emissions from fireplaces and wood burning stoves. Encourage efficient use of home wood burning heating devices. Adopt and implement the BAAQMD Model Wood smoke Ordinance for new residential development. Consistent with condition The project would be required to implement Air Quality control measures per the DEIR for construction activities. The proposed drainage plan is designed to be consistent with local air- quality pollution standards by implementing dust and pollution control measures during construction. AW-7. Local, State and Federal Standards. Consistent with condition EXHIBIT 3 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 1650 Los Gamos Drive Medical Office Building Project Consistency with San Rafael General Plan 2020 Policies and Programs Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: General Plan 2020 Consistency Table Exhibit: 3-20 Continue to comply with local, state and federal standards for water quality. The project would be required to comply with the City’s Stormwater Pollution Prevention standards which are derived from the Regional Water Quality Board. The proposed drainage plan is designed to be consistent with the stormwater pollution standards by treating stormwater runoff on-site in landscape areas or through an on-site filtration area before it enters into the storm drain system. AW-8. Reduce Pollution from Urban Runoff. Address non-point source pollution and protect receiving waters from pollutants discharged to the storm drain system by requiring Best Management Practices quality. • Support alternatives to impervious surfaces in new development, redevelopment or public improvement projects to reduce urban runoff into storm drain system, creeks and the Bay. • Require that site designs work with the natural topography and drainages to the extent practicable to reduce the amount of grading necessary and limit disturbance to natural water bodies and natural drainage systems. Where feasible, use vegetation to absorb and filter fertilizers, pesticides and other pollutants. Consistent See AW -7 above. Furthermore, as a standard building permit condition of approval, the proposed project would implement a storm water pollution and prevention plan (SWPPP) and Best Management Practices to minimize impacts on water quality and non-point source pollution discharge into the storm water system. EXHIBIT 4 SAN RAFAEL DESIGN GUIDELINES Kaiser Permanente – 1650 Los Gamos Drive Project Consistency with San Rafael Design Guidelines Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: Design Guidelines Consistency Table Exhibit: 4-1 PARKING LOTS • A logical sequence of entry and arrival as part of the site’s design should be provided. • Where possible, design entrances from the street to direct views toward the building entry. • Parking areas should be screened from the street with hedges, walls, fences or berms, subject to security considerations. • Auto and pedestrian entrances into development should be easy to find. Use of special entry treatment, special plantings and signage should be located at the entries. • Pedestrian areas should be made visually attractive with special planting and flowering trees. • Shade tress should be provided in parking lots per the Zoning Ordinance. Consistent The parking structure project site design provides a clear sense of entry from Los Gamos Drive and directs views toward the existing office building entry and the proposed parking structure. The parking structure is generally screened from by existing mature vegetation on the north, west, and south sides of the proposed structure. The landscape plan includes screen trees and plantings around the base of the structure to soften the edge appearance. Solar arrays will provide screen/shade on the upper deck of the structure. LANDSCAPING • Landscaped areas should be planned as integral parts of the development and to create a strongly landscaped character of the site. • Commercial signage or displays should not be hidden with landscaping. • Trees should be planted in a variety of locations. • Add street trees where practical. Consistent The project is in compliance with the above Landscaping guidelines. The replanting plan proposes to restore native trees provide screening and habitat restoration to areas north and west of the proposed parking structure. Street trees in front of the parking structure are proposed wherever appropriate for emergency and fire service access. LIGHTING • Limit the intensity of lighting to provide for adequate site security and for pedestrian and vehicular safety. • Shield light sources to prevent glare and illumination beyond boundaries of the property. • Lighting fixtures should compliment the project architecture. Consistent The lighting plan submitted indicates that the project does not create glare or illumination beyond the property boundary. The final building permit is conditioned to be consistent with this guideline. Security and nighttime wayfinding lighting are required to be night-sky compliant and EXHIBIT 4 SAN RAFAEL DESIGN GUIDELINES Kaiser Permanente – 1650 Los Gamos Drive Project Consistency with San Rafael Design Guidelines Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: Design Guidelines Consistency Table Exhibit: 4-2 consistent with San Rafael guidelines for nighttime glare. PEDESTRIAN CIRCULATION • Consider pedestrian orientation when designing building entries, windows, signage and doors. • Include a well-defined pedestrian walkway between the street and building entry. • Clearly define pedestrian movement through parking lots by using pavement treatment and landscaped walkways. • Where appropriate, include outdoor gathering places and seating for the public. • Adequate facilities for bicycle parking should be provided. Consistent The main pedestrian access is located on the south side of the proposed parking structure opposite the main access to the existing office building. Existing pedestrian sidewalks and walkways would continue to provide access to the proposed building site and throughout the site to transit stops adjacent to the US 101 Highway transit stop at the Lucas Valley Road. Both the renovated office building and parking structure provides bicycle parking. BUILDING FORM Consider the development’s visual and spatial relationship to adjacent buildings and other structures in the area. Consistent The proposed parking structure is consistent in building form with structures to east along Los Gamos Drive. The parking structure would be generally screened from residences in the Mont Marin San Rafael Park neighborhood above and west of the project site. ENTRYWAYS Building entrances should be defined with architectural elements such as roof form changes, awnings, or other architectural elements. Consistent The proposed parking structure materials generally consist of concrete. Entrance to the parking structure would be clearly identified through Kaiser wayfinding signage consistent with branding criteria. Entry to the medical office building would remain as existing. AWNINGS Where appropriate, provide awnings to enhance the design of the Consistent EXHIBIT 4 SAN RAFAEL DESIGN GUIDELINES Kaiser Permanente – 1650 Los Gamos Drive Project Consistency with San Rafael Design Guidelines Kaiser Permanente – 1650 Los Gamos Drive Medical Office Building File #: UP17-005, ZC17-001, SP17-002, 1650 Los Gamos Drive NM17-001, IS17-001, ED17-001 Title: Design Guidelines Consistency Table Exhibit: 4-3 building, provide weather protection, and create a sense of human scale. No awning or shade structures are proposed for the parking structure. Existing elements on the office building would remain in place. MATERIALS AND COLORS • Use articulation, texturing and detailing on all concrete exposed to exterior view. • Exterior materials should minimize reflectivity. • Use color to provide appropriate accents on a building. Consistent The proposed project is consistent with this guideline. The proposed plans depict appropriate articulation, texturing and detailing and appropriate exterior materials. The parking structure is proposed as a simple concrete structure with stairwell articulation elements and other screen elements. The existing office building exterior would remain as is with updates to Kaiser Permanente themed signage. EXHIBIT 5 e me ~ ~ KAISER PERMANENTE July 25, 2018 Jim Schutz, City Manager City of San Rafael 1400 Fi fth Ave nu e, Room 203 San Rafae l , CA 94901 RE: KAISER PERMANENTE 1650 lOS GAM OS DRIVE MEDICAL OFFICE BUILDING PROJECT Dear Mr. Sch utz, Thank you fo r your consideration of the Kaiser Permanente ("Kaiser") Los Gamos Drive Medical Office Building Project ("the Project") located at 1650 los Gamos Drive in San Rafael. Kaiser proposes the addition of medical office as an allowab l e use in the Pl anned Development (PO) Zoning District for an existing approximately 148,000 square foot office building and construction of a new three-level parking structure on an existing surface pa r king lot located on the northwest porti o n of the 11.l-ac re Project site i mmediate ly west of Los Gamos Dr ive. Th e Project also includ es Kaiser-implemented and fund ed traffic improvements at the Lucas Valley Road and Los Gamos Drive intersection (iden t ified in the Project's Draft Environmen t al Impact Report ("DEIR") as "Al ternative 4"). The Project will allow Kaiser to supplement and support existing Kaiser Permanente medical offices and support serv ices in t he North Bay region , including outpatient services from the Kaiser Permanente San Rafa el Medical Center ("Hospital"), in to one conso li da t ed and conve nient location that will provide easy access from the freeway and proximity to public transporta tion , offer convenient parking, and provide spacious medical offices that will better accommodate today's patient centered delivel')l of ca re. Completion of the Project will allow for the modernization of Hospital clinical spaces over time as needed, ultimately injecting another $20- $50 million into the Hospital campus over the next 5-10 years. Kaiser is committed to serv ing and improving upon the community that it has called home for more than 60 years . In addition to the opportunities referenced above, the Project will provide the fo ll owing community and economic benefits to the City of San Rafael and the greate r Marin community: A. Furthe rance of City Goals and Po l icies The Project will implement and is consi stent with City go als, objectives, policies and program s for th e Project Site de scribed in the following City General Plan Elem e nts: Land Use, Ne ig hborhood, Su stainability, Circulation, and Safety, as thoroughly analyzed i n the Project DEIR . The Project will also support San Rafael's Objectives and Design Guidelines for the North San Rafael Commercia l Center Neighborho od by propOSing a Project design that provides an entry and foca l point off Los Gamos Drive, prov i des building and parking area setbacks improved with land Use and Ent it lements 393 E. Wa l nut Slfeet, 4,h Floor Pasadena,CA 91188 EXHIBIT 5 ro bu st, d r oug ht-tole ran t l andsca pe, and sc re e ns mec hani cal and other roof top eq ui pmen t fr o m view. Fu rt her, building interiors will be acce nted with art wo r k created by local artists . B. Developme nt of an Exist i ng Infill Site The Project will facilitate the development of an infill site in an existing urbanized area in San Rafael and will re sult in regional environmental benefits because it will not require t he exte nsion of utilities or roads into undevelo ped areas, is convenient to majo r arterials, services and transit, incl ud in g a SMART shuttle, and will no t direct ly o r i nd i rec t ly lea d to t he d evelop m en t o f greenfiel d sites in the San Francisco Bay Area. C. Significant Community Benefits and Tr affic/In f rastructu re Investments 'The Project, as detailed in the OEIR's A.pplicant -Imptemented Traffic Improvements Alternative 4, re sults in economic and community benefits to the City by providin g more efficient and improved intersection operations. As exp l ained in the DEIR, Kaiser will voluntarily construct identified traffic and infrastructure improvements at los Gamos Drive and lucas Valley Road above and beyond what is required by the City's General Plan and the Project's identified fair- share contribution in order to improve in te rsectio n ope rati ons and reduce Project impacts to less than significant. In t ersection imp rovemen t s include grading and rest ri ping, traffic sig nal installation, new sidew al ks and cu rb s, pede st ria n l eve l light i ng, and an exte nsio n of a Cla ss II bicycle lane . In addition, as an additional community benefit and voluntary Project contribution, Kaiser offers to fully fund these identified intersection improvements-at an approximate cost of $l,OSO,ooo-with no expectation of reimbursement by the City and County as initially contemplated in the DEI R. 'Thi s voluntary contribution is in addition to $1,855,502 to be assessed by the City as a Project Development Impact Fee for Traffic Mitigation to be used toward fu t ure citywide circula tion and i mprovement proj ects id en ti fied in t he Ci ty's Genera l Pla n. D. I ncreased Economic Im pac t s to the City of Sa n Rafael 'The Project will positively contribute to the City's local economy through new capital inve stment, as well as through retaining Kaiser's approximately 315 employees in the City and adding an additional 174 construction and trades jobs at peak construction. These employees ar e a primary source of potential business as a result of t heir pat ronizing resta urants, shops and cafes. E. Enh anced Pub lic Sa fety and Pub li c Hea lth Over the l as t f ew years, Kaiser ha s contribut ed on average over $11 million to support charita ble Community Benefit Re sources that support the San Rafael Medical Cent e r Service Area. The Project will continue that tradition of community service by improving public safety and public health by providing a major medical care facility to serve e)(i sting and futIJre demand in the City and greater Marin region, which will in turn result in an increa se in the quality and effici e ncy of medical care delivery to patients. The Project will supplement and su pport existi ng Kai se r m ed ica l o ffi ces, hosp i ta l s, and othe r fac i li ti es i n the reg i on t hat are cu rrently constrai ned EXHIBIT 5 in their ability to enhance exis t ing services or to renovate clinica l areas. The Project will also provide integrated care options for local residents at a conveniently located facility with easy access to the fr eeway and pro)(im itV to publ ic transit options. As an additional Project am enity, and as part of Kai ser's commitment to a robust Tran sportation Demand Management plan intended to reduce midday and peak hour vehicle trips, the project will include a small cafe serving healthy meals and snacks, and health'll cooking demonstrations and nutrition ta lks will be available to membe rs, sta ff, and nonmembers. Cafe will operate Mondav-Saturdav between the hours of 8am and 6pm. In addition, as an ancillary use to the Project's propo se d primary care medical uses , Kaiser will relocate and expand its Health Education Center -a free and a valuable resource for individua l s to acceSs current information on health and wellness and d isease management and online tools to help manage health conditions. Although Kaiser's Health Education Center has always been open to the public, as part of the Project, it will now be centrally located with greater accessibi l ity to those who may be on campus or prescribed its use as medical follow up (e.g., smoking cessat i on, etc.). The expanded Health Education Center will provide: • Health Education professionals available to assist with online health information searches, M o nday ·Friday, 9am· Spm; • Internet access to kp .o rg, My Doctor Online, the Kaiser Permanente Clinicallibrarv, and other evidence· based hea lth · related sites; • Blood pressure self-check equipment; • Body Mass Index scale and body fat composition analyzer; • Hea l th informat ion tip sheets (elect ro nic and soft copy); and • Resting metabo l ic rate testing with weight management education, available to members and no nm embers for a nominal fee. The Health Education Center also offers classes to community members, including a no-cost, six- week smoking cessation program and cl asses on creating an Advance Health Care Directive. F. I mplementation o f Sus tainable Deve lopment Strategies 'The Project will implement a comprehe nsiv e environmental sustainabilitv strategy. including complying with TItle 24 (California Energy Efficiency Standards) and seeking to achieve a Certified leadership in Energy and Environment31 De sign (LEED) Gold certification or equivalent. I n order to ac hi eve a h igh level o f sustainabi l ity and a LEED Gold rating, Kaiser will also implement many of its curre nt green st rategies, such as: • Solar panel distribution on the Project site is anticipated to provide much of the elect r ical needs at the building and parking structure; • 39 Elect ric Ve hi cle charging st ations wi ll be installed at the M edical Office Bui lding (M OB) and parking str ucture , which exceeds the current local requirement and promotes Clean Vehicle use; • Shuttles to transport members and staff from other local Kaiser facilities and th e regional SMAR T rail service; EXHIBIT 5 • Stand ard -55 American Society of Heatin g, Refrigeration, and Air Conditioning Engineers (AS H RA E) compliance, a 20% better energy perfo r mance than standard ASH RAE; • Energy submetering fo r powe r, gas and water for optimal m eas urement and veri fication ab ili ty for post occ u pancy; • Direct Digital Co ntrol HVAC system for maximum energy savi ngs; • Hi gh efficiency filtra t ion for bette r indoor ai r qual ity; • 100% LED lig hti ng systems with occupancy sensors throughout building ; • High efficiency exterior that w ill reduce light pollution and save energy; • Ultra -low flow water fi xt ures, includ in g toilets and sinks; • Photovoltaic the rm al syste m that leverages the heat crea t ed in the pho t ovoltai c system t o heat the building wate r supp ly ; • Recy cled w ate r for la ndscaping irriga tion , t Oil et s, cooling towers and closed loop hydronic system; • OIR TT Walls, an innovative, modu l ar wall system that allows for future flexibility and red uction in i ni t ia l const ruct io n waste and duration ; • Bike storage and racks fo r p hys i cians, staff, and membe rs; • On-site showers for sta ff and physic ians; and, • Use of PVC-free materials, low or no vo lat ile o rg anic compound (VOe) free paints, CFC - free refri gera nt s, formaldehyde -free casework, and use of recycled building m ate r ials. G. Gree nh ouse Gas Emi ssio ns Reduction and Congestion Relief The Project incorporates a Transportatio n Demand M anagement (TOM) plan that will e ncourage alternate mode s of transportation other th an single-occupancy vehicles. The following TOM plan wi ll be provided : • A TOM manager w ho is respo ns ible for, but not limited to, developing and disseminating transportation informatio n, aiding emp l oyees i n the se l ection of transportation options, and communicating ava i labl e transit alte rnatives; • An on·line transit in formation center, as part of the internal website that provides information on the Ka is er Permanente TDM , that describes curre nt pub lic transit, va n poo ls, carpools and shuttle serv ices se rving th e area; • A carpool an d va npool match i ng pr ogram; • Commuter subsidy for bicycle , transit o r car/va npoo l use (current subsidy i s $60/month); • Pre-tax commuter spendi ng acc ou nts; • Guara nteed Ride Home program ; and • local Kaiser Shuttle to sh uttle emplo yees to and from SMART Station and other Kaiser facilities in the City of San Raf ael. The Project will also provide designat ed on-site bicycle park i ng , as well as dedicated parking for carpool/vanpools and electric charging stations for electric veh i cles . Ka i se r has already begun eva lu ating firms and services that may help implem ent its TOM efforts. EXHIBIT 5 In clos ing, Kai se r deeply values its 60-yea r relationship with the City . We bel i eve the proje ct underscores Kaiser's long-term commitment to the community and supports the stability of Ka iser services fo r many years to co me . As al ways , Kaiser is committed to being a good neig hbor and st rong co mmunity partner with the City and County, and ap pr ec iates the Ci ty's consideration of the pro posed Pr oject. Sinc erely, / Ar ea Manager Marin / Sonoma Serv ic e Ar ea Kaiser Foundation Hea lt h Plan, Inc. Cc: Paul Jensen, Community Deve lopmen t Director, Ci ty of San Rafael Raffi Boloyan, Pl ann ing Manager, Ci ty of San Rafael Patricia Ken dall , Medical Group Administrator, Kaiser Permanente Jod ie Clay, Team M anage r, Kaise r Pe r manente Ca ro l Harris, Community and Gove rnment Relations Manager, Kaiser Permanente Skyler Denniston, Sr . Land Use Manager, Kaiser Perman ente EXHIBIT 5 ••• ~"'~ KAISER PERMANENTE MEMORANDUM To : Judy Coffey, 5VP, Ar ea Manager Marin / Sonoma Service Area Cc: Jod i e Clay, Team Manager Carol Harris, Community and Government Relations Manager Date: July 25, 2018 Re: Los Gamos MOB and Parking Structure Project Benefit Commitment Summary The proposed Los Gamos Medical Office Building and Parking Structure Project ("Project") will generate significant and unavoidable traffic impacts. Therefore, the City of San Rafael Ci ty Council must adopt a Statement of Overriding Consideration ("SOC") in lieu of mitigationl . To support the SOC adoption, Kaiser mu st demonstrate that the Project will be a benefit to the community. Request Attached is a summary of the proposed benefits included in the Project design, co nstruction, or implemented once operational. This list and estimated costs have been thoroughly vetted by the Project Team including Capital Projects, Community and Government Relations, land Use, and legal. If you concur, pl ease sign that attache d document. Attachment: Kaiser Permanente Benefit Commitment Summary I Mitigation is deemed infeasible as impact s fall outside the City of San Rafael's jurisdiction. land Use & Entitlements 393 E. Wa lnut Street, 4 '~ Floor Pasadena, CA 91188 US 101LUCAS V A L L E Y R O A D LUCAS VALLEY ROAD ON RAMPO F F R A M PLANEBIKELANEBIKELANEBIKELANEBIKELANEBIKELOS GAMOS DRIVELANNERSPURVEYORS / SNGINEERS / ECOPYRIGHT © BKF ENGINEERSEXHIBIT 6 NOTICE OF PUBLIC HEARING – PLANNING COMMISSION You are invited to attend the Planning Commission hearing on the following proposed project: PROJECT: 1650 Los Gamos Drive (Kaiser Medical Offices)– Request for Planned Development (PD) Rezoning, Environmental and Design Review Permit , Master Use Permit and Sign Program amendment for the conversion of an existing three-story office building to medical office uses and the construction of a new 37-foot tall, 3-level, 433- stall parking structure on the western parcel at 1650 Los Gamos Drive in North San Rafael; APN: 011-256-12, 011-256-13; PD 1590 District; Kaiser Foundation Health Plan, owner/applicant; File No(s).: ZC17-001, ED17- 011, UP17-005, SP17-002, NM17-001, IS17-001. The PD Rezoning also requires amending the current PD (PD 1590) to remove language specific to the 1650 Los Gamos Drive property for APN: 011-256-10, 011-256-11. Following the Planning Commission’s review and recommendation, the application will be considered by the City Council for final action at a future public hearing. As required by state law, the project's potential environmental impacts have been assessed. A Draft Environmental Impact Report (DEIR) (SCH # 2017062019) was previously prepared and made available for public review on March 8, 2018, for a 45-day public review and comment period concluding on April 24, 2018 at the Planning Commission meeting. A Final Environmental Impact Report/Response to comments (FEIR), which meets the provisions of the California Environmental Quality Act will be available for review on Friday, August 10, 2018. The FEIR (along with the DEIR) will be available on the City’s web site at https://www.cityofsanrafael.org/kaiser-losgamos/ . A limited number of copies of the FEIR will be available for review at the City of San Rafael Community Development Department (1400 Fifth Avenue) and the San Rafael Library (1100 E Street). MEETING DATE/TIME/LOCATION: Tuesday August 28, 2018, 7:00 p.m. City Council Chambers, 1400 Fifth Ave at D St, San Rafael, CA FOR MORE INFORMATION: Contact Sean Kennings, Contract Planner at (415) 533-2111 or email sean@lakassociates.com. You can also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from 8:30 a.m. to 4:30 p.m. on Monday, Tuesday and Thursday and 8:30 a.m. to 1:30 p.m. on Wednesday and Friday. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at http://www.cityofsanrafael.org/meetings WHAT WILL HAPPEN: You can comment on the project. The Planning Commission will consider all public testimony and decide whether to recommend to the City Council: 1) certification of the EIR, 2) adoption approval of mitigation monitoring of statement of overriding considerations; and 3) approval of project entitlements. Public notice of the future City Council hearing will be provided 15 days in advance of the hearing. IF YOU WANT TO COMMENT: You can send written correspondence by email to the address above, or by mail/hand delivery to the Community Development Department, Planning Division, City of San Rafael, 1400 5th Avenue, San Rafael, CA 94901. At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing (Government Code Section 65009 (b) (2)). 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.