UC Davis Medical Center Education Building Project Phase 2 Telemedicine Resource Center and Rural PRIME Facility January CEQA Findings

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1 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS IN CONNECTION WITH THE APPROVAL OF THE EDUCATION BUILDING PROJECT, PHASE 2 (TELEMEDICINE RESOURCE CENTER AND RURAL PRIME FACILTY PROJECT) DAVIS MEDICAL CENTER CAMPUS I. CONSIDERATION OF THE FINAL FOCUSED TIERED ENVIRONMENTAL IMPACT REPORT AND ADDENDUM #1 THERETO IN CONNECTION WITH THE APPROVAL OF PHASE 2 OF THE EDUCATION BUILDING PROJECT The University of California ( University ), as the lead agency, prepared a Final Focused Tiered Environmental Impact Report ( Final Focused Tiered EIR ) for the Education Building project (State Clearinghouse No ). The Final Focused Tiered EIR was certified and the project (Phases 1 and 2(?)) were approved in June As a part of the evaluation and analysis of the Education Building project, the University evaluated the potential environmental effects of the Education Building Phase 2 project (now referred to as the Telemedicine Resource Center and Rural PRIME Facility project). The Final Focused Tiered EIR assessed the potential environmental effects of both the implementation of the Education Building project and the Telemedicine Resource Center and Rural PRIME project, and evaluated a reasonable range of alternatives to the project. Addendum #1 to the Final Focused Tiered EIR, dated December 2007, provides updated information about the Project. The purpose of Addendum #1 is 1) to make minor technical changes and additions to the Final Focused Tiered EIR and 2) to evaluate whether any further environmental review supplementing the Final Focused Tiered EIR is needed in connection with the approval of this second phase of the Project. The Addendum concluded that no substantial changes had been proposed to the Project that would require major revisions to the LRDP EIR or the Focused Tiered EIR. The Board of Regents of the University of California ( The Regents ) certified that the Final Focused Tiered EIR was completed in accordance with the California Environmental Quality Act ( CEQA ) and adopted Findings and a Statement of Overriding Considerations in connection with its approval of the project. Those Findings and Statement of Overriding Considerations are hereby made part of the administrative record before the Regents for this action. The Regents attest that they have received the Final Focused Tiered EIR and Addendum #1, and have reviewed and considered the information contained therein prior to considering the approval of the (Phase 2 of the Education Building project) set forth in Section II, below. The Regents determine that the Final Focused Tiered EIR and Addendum #1 adequately evaluates the project, as modified, and reflects their independent judgment and analysis. The conclusions January CEQA Findings

2 presented in these Findings are based upon the Final Focused Tiered EIR, Addendum #1 and other evidence in the administrative record. II. FINDINGS. The following Findings are hereby adopted pursuant to Title 14, California Code of Regulations, section 15074, in conjunction with the approval of the Project, which is set forth in section III, below. A. Background. The project site is located on University-owned property within the City of Sacramento south of X Street, between 45 th and 48 th Streets. The approximately three-acre project site currently consists of the northern part of surface parking Lot 17 and a landscaped area to the southwest of the parking lot. The Administrative Support Building (ASB) is immediately to the east of the site. The Cancer Center is north of the site, on the north side of X Street. To the south is additional surface parking for Lot 17 and the Waste Consolidation building. To the west is 45 th Street, beyond which is the Shriner s Hospital parking garage structure. The Education Building project was analyzed as a two-phase project and The Regents certified the Final Focused Tiered EIR for both phases in June The design and siting of Phase 1 was also approved in June 2004 and Phase 1 was completed in December Phase 2 is now proposed for implementation and, as revised and upon completion of Phase 2, the proposed Education Building would be an approximately 174,000-gross square feet (gsf) building complex on the southeast corner of the intersection of X and 45 th Streets. The proposed building would be constructed slab on grade without below ground facilities (e.g., basements). The completed Phase 1 component of the project occupies a footprint of approximately 33,800 square feet. Phase 1 is a four-story, approximately 122,000-gsf building that accommodates the following uses: classrooms; School of Medicine deans administration offices; admissions, outreach, and related student programs; student commons; clinical skills teaching and assessment rooms; library and related support services including media center; technology partners administration and work rooms; café; mechanical rooms; and ancillary services. January CEQA Findings

3 The proposed Phase 2 component of the project would occupy a footprint of approximately 12,900 sf. The Phase 2 component of the proposed project would construct an additional wing four stories in height and encompassing approximately 52,000 gsf to the existing Phase 1 building that would accommodate the following uses: classrooms; nursing education offices and workroom; graduate medical education; distance education offices; continuing medical education; and ancillary services. Phase 2 ancillary services include lobbies, restrooms, and service closets and rooms. No wetlaboratory functions or other activities that would involve the use of chemicals, radioactive materials, biohazardous substances, medical waste, or laboratory animals are included in the proposed project. Phase 2 of the Education Building project the proposed Telemedicine Resource Center & Rural PRIME Facility -- is essential to the UC Davis School of Medicine s ongoing efforts to: (1) maintain its national accreditation; (2) enhance learning and teaching opportunities for medical students, interns and residents, full and part-time faculty and other healthcare providers; (3) improve the productivity of clinical faculty of the School of Medicine involved in teaching; (4) and provide replacement space to facilitate the removal of buildings that must be relocated or demolished to complete major capital improvements related to the Senate Bill (SB) 1953 Seismic Safety Compliance Plan of the UCDMC. The fundamental goal of the proposed project is to create an educational environment conducive to interaction between students, staff, and faculty members, and an environment that promotes active learning and leverages new technology to train students, residents, nurses, and other healthcare professionals. B. Environmental Review Process. A Focused Tiered Environmental Impact Report and Addendum #1 have been prepared for the Project in accordance with CEQA and the University of California Procedures for Implementation of CEQA. The EIR for the Project is tiered from the Davis Medical Center campus 1989 Long Range Development Plan Environmental Impact Report (State Clearinghouse # ; LRDP EIR ), as updated and revised by the Long Range Development Plan EIR Supplement (State Clearinghouse No ), UC Davis Medical Investigation of Neurodevelopmental Disorders (M.I.N.D.) Institute Project Tiered Initial Study and Mitigated Negative Declaration (State Clearinghouse No ), UC Davis Medical Center Surgery and Emergency Services Pavilion Project Draft Focused Tiered Environmental Impact Report (State Clearinghouse No ), UC Davis Medical Center Child Development Center Project Draft Tiered Initial Study/Mitigated Negative Declaration (State Clearinghouse No ), and the UC Davis Medical Center Parking Lot January CEQA Findings

4 14 Expansion Project (State Clearinghouse No ). Hereafter, references to the 1989 LRDP EIR include the 1989 LRDP EIR as updated and revised by the documents listed above. The Project is part of the physical development proposed in the 1989 LRDP; therefore, the environmental analysis for the Project is presented and analyzed within the context of the 1989 LRDP and incorporates by reference applicable portions of the 1989 LRDP EIR. The 1989 LRDP EIR, which is a program EIR pursuant to Section of the CEQA Guidelines, analyzed the overall effects of campus growth and facility developments through 2010 and identified measures to mitigate the significant adverse project impacts and cumulative impacts associated with that growth. The tiering of the environmental analysis for the Project allowed the EIR to rely on the LRDP EIR for (1) a discussion of general background and setting information for environmental topic areas; (2) overall growth-related issues; (3) issues that were evaluated in sufficient detail in the LRDP EIR for which there is no significant new information or change in circumstances that would require further analysis; and (4) long-term cumulative impacts. The purpose of the Focused Tiered Environmental Impact Report was to evaluate the potential environmental impacts of the Project (Phases 1 and 2) The Focused Tiered Environmental Impact Report analyzed the potential Project impacts and the adequacy of the existing environmental analysis in the LRDP EIR with regard to the following environmental topic areas: (1) transportation and circulation; (2) air quality; and (3) noise. Based on the analysis contained in the Focused Tiered Environmental Impact Report it was determined that the Education Building project (Phases 1 and 2) specific potentially significant impacts could result in the resource areas of: (1) transportation and circulation and (2) air quality. Further analysis in the Focused Tiered Environmental Impact Report identified adequate mitigation measures to reduce most potentially significant effects to less-than-significant levels. The mitigation measures identified in the Focused Tiered Environmental Impact Report have been incorporated into the project design and financing and will be implemented in accordance with the Mitigation Monitoring Program in the Focused Tiered Environmental Impact Report. Those potentially significant effects that were not mitigated to less-than-significant levels were determined significant and unavoidable (see Section II.C below). For all other resource areas, the certified Final Focused Tiered EIR concluded that the Education Building Project (Phases 1 and 2) would not result in any significant impacts that would not be mitigated to less-than-significant levels by previously adopted 1989 LRDP mitigation measures incorporated into the project or are not sufficiently addressed by the 1989 LRDP EIR. The Final Focused Tiered EIR also concluded that the Education Building Project may incrementally contribute to, but would not exceed, significant environmental impacts previously identified in the 1989 LRDP EIR. The proposed Focused Tiered Environmental Impact Report for the Education Building (Phases 1 and 2) was certified in June 2004 in connection with the approval of Phase 1 of the Education Building Project. January CEQA Findings

5 Addendum #1 to the Focused Tiered Environmental Impact Report was prepared in December 2007 to analyze proposed modifications to the overall project in connection with the proposed approval of Phase 2 of the Education Building project. The Addendum concluded that no substantial changes had been proposed to the Project that would require major revisions to the Final Focused Tiered EIR and documented that one potential impact (flight path) had been eliminated by the closure of the heliport. C. Significant and Unavoidable Adverse Impacts and Related Mitigation Measures The 1989 LRDP EIR addressed the cumulative impacts of the UC Davis Medical Center (UCDMC) as a whole in terms of population and building/land use-related impacts. Cumulative effects determined not to be significant in the 1989 LRDP EIR were: geology and soils, cultural resources, land use, demography/population, housing, waste disposal, hazardous materials, emergency/security services, noise, light and glare, landscape/open space/vegetation, hydrology, public services and utilities, and energy. The EIR concluded the only cumulative impact that would occur would be with regards to traffic (DEIR, page 236). The SEIR (page S-56) identified two additional cumulative significant and unavoidable impacts related to urban wildlife (burrowing owl) and criteria air pollutants (page S-11). The Project includes construction and occupancy of new facilities located within UCDMC property in an area proposed to be changed from Low Rise Zone and Mixed-Use Zone to Medium Rise Zone and Instruction and Research Zone, respectively. This planning zone was identified in the 1989 LRDP and includes the proposed use. As discussed above, the Project is consistent with the 1989 LRDP scope of development and population projections through The Final Focused Tiered EIR concluded that the Project would contribute to significant and unavoidable cumulative impacts identified in the 1989 LRDP EIR related to transportation and circulation and air quality. An Addendum to the Final Focused Tiered EIR was prepared to analyze minor modifications to the Education Building Project as originally proposed and in connection with the proposed implementation of Phase 2. Based on the Addendum #1 it was determined that the minor modifications to the Project would not result in any new impacts or an increase in the severity of previously identified significant impacts; based on the Addendum it was further determined that no new information or changed circumstances exist since the certification of the Final Tiered Focused EIR require the preparation of subsequent or supplemental environmental review. 1. Project Impact on Intersection LOS (Impact 4.2-1) The Final Focused Tiered EIR concluded that the Project would increase the number of vehicle trips to and from the Medical Center, resulting in the degradation of intersection LOS from C to D at the Stockton Boulevard/Broadway intersection. Implementation of project specific Mitigation Measure (Stockton Boulevard/Broadway intersection improvements) would reduce the impact on intersection LOS, but the impact would remain significant and unavoidable. The proposed modifications to the Project will result in 35 January CEQA Findings

6 fewer employees than the Project as originally proposed. As reflected in the Addendum #1, traffic and parking impacts are directly related to population, and therefore project related impacts associated with traffic and circulation will be incrementally less than originally analyzed. However, the impacts will remain significant and unavoidable. The Addendum #1 also determined that new information or changed circumstances have been identified that would require the preparation of additional environmental documentation, and the proposed project modifications do not change the impact conclusion of the Final Tiered Focused EIR. 2. Cumulative Impact on Intersection LOS (Impact 4.2-5) The Final Focused Tiered EIR concluded that the Project would cumulatively increase the number of vehicle trips to and from the Medical Center, resulting in the degradation of intersection LOS from A, B, or C to D, E, or F at the Stockton Boulevard/US 50 Eastbound Onramp, Stockton Boulevard/T Street/Gerber Way, Stockton Boulevard/V Street, and Stockton Boulevard/X Street intersections. Implementation of project specific Mitigation Measure (intersection improvements) would reduce the impact on intersection LOS, but because UCDMC cannot guarantee the implementation of this measure, the impact would remain significant and unavoidable. Since the certification of the Final Focused Tiered EIR, no new information or changed circumstances have been identified that would require the preparation of additional environmental documentation, and the proposed project modifications do not change the impact conclusion of the Final Tiered Focused EIR. 3. Cumulative Impact on Criteria Air Pollutant Emissions (Impact 4.3-5) The Final Focused Tiered EIR concluded that the Project would cumulatively increase criteria air pollutant emissions such as CO, ROG, SO x, NO x, and PM 10. Implementation of 1989 LRDP EIR Mitigation Measures G-a (transportation management plan) and G-b (Transportation Systems Management (TSM) measures) would reduce the impact on air quality, but the impact would remain significant and unavoidable. Since the certification of the Final Focused Tiered EIR, no new information or changed circumstances have been identified that would require the preparation of additional environmental documentation, and the proposed project modifications do not change the impact conclusion of the Final Tiered Focused EIR. D. Significant and Potentially Significant Impacts that would be Mitigated to Not Significant or Less-than-Significant Levels and Related Mitigation Measures The Focused Tiered Environmental Impact Report identified the following significant and potentially significant impacts associated with the Project (Phases 1 and 2) that would be reduced to "not significant" or "less-than-significant" levels by the implementation of 1989 LRDP EIR and/or project-specific mitigation measures. The associated mitigation measures are January CEQA Findings

7 identified and briefly discussed below. For a detailed description of these mitigation measures, please see the text in the Focused Tiered Environmental Impact Report. Since the certification of the Final Focused Tiered EIR, no new information or changed circumstances have been identified that would require the preparation of additional environmental documentation, and the proposed project modifications do not change the below impact conclusion of the Final Tiered Focused EIR. 1. Project Impact on Heliport Operations (Impact 4.2-4) The project would construct a building in the northwestern flight path for the LifeFlight heliport. Construction equipment and the building could interfere with the heliport s flight path. Implementation of project specific Mitigation Measure (notify FAA and realign approach/departure path of the heliport or close the northerly approach/takeoff flight path from further use), incorporated into the project, will reduce this impact to a less-thansignificant level. Since the preparation of the Final Focused Tiered EIR, the heliport has been closed, thus the impact will not occur. 2. Project Impact on Air Emissions (Impact 4.3-1) Construction of the project could create air emissions that could exceed SMAQMD thresholds. Implementation of project specific Mitigation Measure (a) (construction contract conditions) and (b) (reduce PM 10 and NO x emissions), incorporated into the project, will reduce this impact to a less-than-significant level. E. Additional Findings. 1. These Findings incorporate by reference in their entirety the text of the Final Focused Tiered Environmental Impact Report and Addendum prepared for the Project, the 1989 LRDP, the 1989 LRDP EIR, and the Findings and Statement of Overriding Considerations adopted by The Regents in connection with its approval of the 1989 LRDP. Without limitation, this incorporation is intended to elaborate on the scope and nature of Project and cumulative development impacts, related mitigation measures, and the basis for determining the significance of such impacts. 2. CEQA requires the Lead Agency approving a Project to adopt a monitoring program for changes to the Project that it adopts or makes a condition of Project approval in order to ensure compliance during Project implementation. The Mitigation Monitoring Program for the project-specific mitigation measures that accompanies the Focused Tiered Environmental Impact Report has been prepared to serve this purpose and is hereby adopted by The Regents. To the extent this Project incorporates relevant 1989 LRDP January CEQA Findings

8 EIR mitigation measures previously adopted by The Regents, implementation of these mitigation measures by the project will be monitored pursuant to the existing 1989 LRDP EIR monitoring program previously adopted by The Regents in connection with its approval of the 1989 LRDP EIR. 3. Various documents and other materials constitute the record of proceedings upon which The Regents bases its findings and decisions contained herein. Most documents related to this Project are located in the office of Facilities Design and Construction, located at nd Avenue, Suite 3010, Sacramento, CA The record of proceedings for the 1989 LRDP approval is also located in the office of Facilities Design and Construction. F. Statement of Overriding Considerations. In connection with Education Building (Phase 1 and 2) Project approval in June 2004, The Regents balanced the benefits of the project against its unavoidable environmental risks in determining that the specific economic, legal, social, technological, and other benefits of the project outweigh the unavoidable significant adverse environmental effects. Section 15093(b) of the State CEQA Guidelines provides that when the decision of the public agency results in the occurrence of significant impacts that are identified in the Final Focused Tiered EIR but are not substantially mitigated, the agency must state in writing the reasons to support its actions based on the Final Focused Tiered EIR and/or other information in the record. Despite the occurrence of significant and unavoidable adverse environmental effects in the areas of transportation and circulation and air quality, The Regents determined to approve the Education Building Project (Phase 1), certify the Focused Tiered EIR (Phase 1 and 2) and adopted a statement of overriding considerations, which is herein incorporated by reference and affirmed for purposes of approving the Phase 2 of the Project TOM: If these are the same statement of overriding considerations adopted for Phase 1, there is no need to restate them here as you are incorporating the prior SOC by reference. If you want to recite the previously adopted SOC herein, you should have a sentence preceeding the green highlighted text that says something like. The previously adopted Statement of Overriding Considerations in connection with Phase 1 approval are herein incorporated by reference and affirmed for purposes of approving Phase 2, and are restated below: If these are different or additional SOCs specifically tailored for Phase 2, then do not delete. 1. The project implements a portion of the 1989 LRDP, and incrementally contributes to the LRDP impacts previously identified and analyzed in the 1989 LRDP EIR. For this reason, the Findings and Statement of Overriding Considerations adopted by The Regents in connection with its approval of the 1989 LRDP is equally relevant to, and is adopted as a part of, this project. Cumulative significant and unavoidable impacts related to traffic and air quality were previously addressed in the Findings and Overriding Considerations adopted by The Regents in connection with its approval of the 1989 LRDP and certification of the 1989 LRDP EIR. These Findings and January CEQA Findings

9 Overriding Considerations have been re-evaluated and are found to be current and valid Findings and Overriding Considerations today. 2. The new facilities and additional space for educational functions and related support systems would improve efficiency and ensure continued development of the Medical Center as a regional health care provider, thus fulfilling the Public Service mission of the Medical Center. In particular, the project would retain accreditation from the LCME for the UC Davis Medical School, enhance learning and teaching opportunities by providing needed classroom space for medical students in close proximity to existing clinical facilities, reduce and eventually eliminate the need for clinical faculty to travel between the Davis and Sacramento campuses, and facilitate the removal of buildings that must be relocated or demolished to complete major capital improvements related to the SB 1953 Seismic Safety Compliance Plan of the UCDMC. 3. The project is essential to the Medical Center s efforts to comply with State seismic safety requirements for acute-care hospitals mandated by Section et seq. of the California Health and Safety Code (Alquist Hospital Seismic Safety Act of 1983), as amended by Senate Bill If the seismic repairs are not completed by 2008, the Medical Center will lose its license as an acute-care facility. Consequently, with the termination of acute-care services, instruction in the UC Davis School of Medicine would be eliminated at the Medical Center due to the absence of these acute-care programs. The School of Medicine would have to affiliate with another licensed hospital in order to maintain its accreditation. The Northern California region would lose its only Level 1 trauma center. 4. Additional specific factors that support the discussion to approve the Project, despite the significant and unavoidable cumulative impact related to operating conditions at the intersections of Stockton Boulevard/US 50 Eastbound Onramp, Stockton Boulevard/T Street/Gerber Way, Stockton Boulevard/V Street, and Stockton Boulevard/X Street, are that cumulative impacts would occur at this intersection, regardless of whether the project is implemented. Such impacts would occur as a result of growth in the region. Existing data indicate that intersection operating conditions have deteriorated in the last 10 years, even though the campus population is well below 2010 estimates and is also below 1989 LRDP EIR baseline population counts. Therefore, changes in intersection operating conditions are not exclusively attributable to campus development. Further, the project s incremental contribution to this significant and unavoidable cumulative impact is very small, less than 3 percent. The campus will continue to operate TSM programs to help reduce vehicle trips to and from the campus. Therefore, the long-term benefits of constructing the new Education Building outweigh the minimal contribution to the significant and unavoidable cumulative traffic impact. January CEQA Findings

10 5. Additional specific factors that support the discussion to approve the project, despite the significant and unavoidable cumulative impact related to vehicle criteria air pollutant emissions, are that criteria air pollutant emissions would occur in the region, regardless of whether the project is implemented. On a project level, the Project would generate criteria air pollutant operation ROG and NO x emissions that would be approximately one-tenth of SMAQMD thresholds and approximately oneone hundredth of the PM 10 threshold. Therefore, the project s contribution to regional conditions would be very small. The benefits to the region of ensuring that the acute-care facilities at the campus are operational during and after a seismic event, combined with the ongoing availability of such services under non-event conditions after 2008, would ensure that acute-care is available locally. This would reduce the potential for increased vehicle trips and vehicle miles traveled to other facilities that would otherwise be needed in the absence of the project. As such, the overall benefit to the region outweighs the minimal contribution to significant and unavoidable cumulative criteria air pollutant emissions impacts. G. Summary. Based on the foregoing Findings and the information contained in the record, The Regents has made one or more of the following Findings with respect to the Project: 1. The Project will incrementally contribute to, but will not exceed, less-thansignificant environmental impacts previously identified in the 1989 LRDP EIR. 2. All 1989 LRDP EIR mitigation measures relevant to the Project, as identified in the Tiered Initial Study, as well as all Project components and projectspecific mitigation measures described in the Focused Tiered EIR, are made a condition of Project approval. 3. Since the certification of the Final Focused Tiered EIR, no new information or changed circumstances have been identified that would require the preparation of additional environmental documentation, and the proposed project modifications do not change the impact conclusion of the Final Tiered Focused EIR. III. APPROVALS. The Regents hereby takes the following actions: 1. Adopts the Findings and project specific mitigation monitoring program in their entirety as set forth in section II, above. January CEQA Findings

11 2. Having considered the Final Focused Tiered Environmental Impact Report and Addendum, independently reviewed and analyzed the Focused Tiered Environmental Impact Report and Addendum, conditioned the Project as described above, and adopted the Findings, The Regents hereby approves the design of the Telemedicine Resource Center and Rural PRIME Facility Project, Davis Medical Center Campus. January CEQA Findings