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8.0 Exhi�'�� 98 City Council finds that: (i) Mitigation Measures. With Mitigation Measure 9-7 discussed in Impact 9-7 above, this intersection would continue to operate at an unacceptable LOS F(107.3 sec/veh) in the AM peak hour and LOS F(162.8 sec/veh) in the PM peak hour even though the change in the critical delay from Cumulative Without Project Conditions would be reduced to less than five (5) seconds. Furthermore, the improvements proposed under Mitigation Measure 9-7 are within the � responsibility and jurisdiction of Caltrans, and can and should be adopted by Caltrans. Because implementation of this mitigation measure is outside of the City's jurisdiction, it is deemed infeasible and therefore 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. "I'he 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 9-23. Cumulative Impacts on Freeway Segments. Under Cumulative With Project Conditions, the project would add traffic volumes representing more than one (1) percent of the segment's capacity to the following freeway segments already exceeding capacity: • Northbound US 101 (mixed flow) lanes between Marsh Road and Woodside Road (AM and PM) and the HOV lane during the PM peak hour; • Northbound US 101 (mixed flow) lanes between Whipple Avenue and Holly Street (PM only); • Southbound US 101 (mixed flow) lanes between Holly Street and Whipple Avenue (PM only); and • Southbound US 101 (mixed flow and HOV) lanes between Woodside Road and Marsh Road (AM and PM). a) Potential Impact. The impact identified above is described and discussed on pages 9-75 to 9-77 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 would require construction of an additional mixed flow and/or HOV lane on both northbound and southbound US 101. However, any improvements to US 101 are within the responsibility and jurisdiction of Caltrans, S�\RESOLUrIONSUteso. 2092 CEQA Findin�s for DPP Exhibil B.doc 38 012011