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01/24/2011 Exhibit B (iii) Overriding Considerations. The environmental, social, economic and other benefits of the DPP override the significant adverse impacts of the DPP relating to increased traffic described above, as set forth in the Statement of Overriding Considerations below. Impact 9 -6: Project Impact on Veterans Boulevard/Whipple Avenue Intersection. Under both Background Conditions and Project Conditions during the PM peak hour, this intersection would 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) Mitigation Measures. FEIR Mitigation Measure 9 -6 (p. 9 -51 of the DEIR) is hereby adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program. c) Findings. Based on the FEIR and the entire record before the City, the City Council finds that Mitigation Measure 9 -6 will reduce this impact from additional traffic evacuation to a less than significant level because restriping the lane will improve intersection operation to an acceptable LOS. Impact 9 -7: Project Impact on Veterans Boulevard/Woodside Road Intersection. Under both Background Conditions and Project Conditions during the PM peak hour, this intersection would 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 -7 (p. 9 -52 of the DEIR) with the addition of a shared southbound left - through lane on Veterans Boulevard. However, improvements within the Woodside Road (SR 84) right -of -way are within the responsibility and jurisdiction of Caltrans. While the City believes this mitigation measure can and should be adopted by Caltrans, its implementation is outside of the City's jurisdiction, it therefore it is deemed infeasible and this impact is considered 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. U: \Resolutions\2011\Reso 15086 Exhibit B.doc 27 012011 Reso. # 15086 Muff #601