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8.0 ExhiB�� 91 ecause there are no feasible miti ation ii Remainin Im acts. B � () g P 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 of the DPP relating to the cumulative traffic impacts described above, as set forth in the Statement of Overriding Considerations below. Impact 9-13: Cumulative Impact on Middlefield Road/Jefferson Avenue Intersection. Under Cumulative With Project Conditions during the PM peak hour, this intersection would degrade fram LOS E to LOS F. The additional project traf�c 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 9-58 to 9-64 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 the project contribution to this cumulative impact could be achieved through Mitigation Measure 9-13 (pages 9-67 to 9-68 of the DEIR) which would require the restriping of the southbound approach of Middlefield Raad to provide one through lane and one right turn lane, and prohibit southbound left turns (from Middlefield Road to Jefferson Avenue, towards Broadway). With this improvement, the intersection would continue to operate at an unacceptable LOS, but the change in the critical delay from Cumulative Without Project Conditions would be reduced to less than five (5) seconds, a less than significant level. However, these improvements would conflict with newly adopted PED policies contained in the City's New General Plan. 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 improvements would conflict with these policies by impeding pedestrian mobility. In addition, as explained above, the Ne�� General Plan contains additional policies and programs pursuant to which the City will no longer rely on specific LOS measurements to determine the significance of a project's potential traffic impacts in the downtown area, and pursuant to these new LOS Policies and programs, this potential cumulative impact could be considered ]ess than significant. Assuming, however, that this identified traffic increase represents a potentially significant cumulative impact, because implementing Mitigation Measure 9-13 would conflict with the City's PED policies, this measure is deemed infeasible, and this impact is deemed to be significant and unavoidable. S'1RLSOLUTIONS\Reso. 2092 CEQA Findings For DPP E�:hibit B.doc -� I OI2011