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01/24/2011 Exhibit B Impact 9 -2: Project Impact on EI Camino Real/Jefferson Avenue Intersection. Under Project Conditions during the PM peak hour, this intersection would continue to operate at unacceptable LOS E. The additional project traffic would cause the critical delay to increase by more than five (5) seconds. a) Potential Impact. The impact identified above is described and discussed on pages 9 -38 to 9 -48 of the DEIR. b) Findings. Based on the FEIR and the entire record before the City, the City Council finds that: (i) Mitigation Measures. Mitigation of this project impact could be achieved by Mitigation Measure 9 -2 (p. 9 -49 of the DEIR) with the addition of an exclusive eastbound left turn lane on Jefferson Avenue. This improvement would require lane restriping and removal of part of the sidewalk on Jefferson Avenue. However, any improvements within the El Camino Real right -of -way are within the responsibility and jurisdiction of Caltrans, and not within the jurisdiction or authority of the City. In addition, these improvements would conflict with newly adopted policies contained in the City's New General Plan adopted on October 11, 2010. The New General Plan contains policies and programs known as "Pedestrian Enhanced Design" ( "PED ") policies. PED policies are intended to promote alternative modes of transportation in the DPP area, emphasizing pedestrian and bicycle travel and a reduction in the number of vehicle miles traveled within and by residents of the City. The PED policies do so by, among other things, slowing traffic and enhancing pedestrian and bicycle infrastructure to ensure that the City's DPP street network facilitates safe and convenient pedestrian and bicycle travel. The removal of the sidewalk on Jefferson Avenue would conflict with these policies by decreasing pedestrian infrastructure. Moreover, consistent with these PED policies, the New General Plan contains additional policies and programs pursuant to which the City will no longer rely on specific traffic level of service ( "LOS ") measurements to determine the significance of a project's potential traffic impacts in the downtown area. (See General Plan Policy BE -29.6 and Program BE -52) Pursuant to these new LOS policies and programs, this potential impact could be considered less than significant. Assuming, however, that this identified traffic increase represents a significant impact, because implementing Mitigation Measure 9 -2 would conflict with the City's PED policies, and because the improvements required by this mitigation measure are not within the City's jurisdiction, this mitigation measure is deemed infeasible, and this impact is deemed to be significant and unavoidable. (ii) Remaining Impacts. Because there are no feasible mitigation measures available to mitigate the significant impact identified above, this impact is considered significant and unavoidable. (iii) Overriding Considerations. The environmental, social, economic and other benefits of the DPP override the significant adverse impacts U:\Resolutions\2011\Reso 15086 Exhibit B.doc 24 012011 Reso. # 15086 Muff #601