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01/24/2011 /24/2011 Exhibit B Camino Real 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, because its implementation is outside of the City's jurisdiction, it is deemed infeasible and this impact is considered 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 of the DPP relating to the cumulative traffic impacts described above, as set forth in the Statement of Overriding Considerations below. Impact 9 -11: Cumulative Impact on EI Camino Real/Jefferson Avenue Intersection. Under Cumulative With Project Conditions during both the AM and PM peak hour, this intersection would continue to operate at an unacceptable LOS (E or F). 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 -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 this project impact could be achieved by Mitigation Measure 9 -2 as discussed under Impact 9 -2, above. 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 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 removal of the sidewalk on Jefferson Avenue would conflict with these policies by decreasing pedestrian infrastructure. Moreover, as explained above with regard to Impact 9 -2, the New 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 less than significant. Assuming, however, that this identified traffic U:\Resolutions\2011 \Reso 15086 Exhibit B.doc 30 012011 Reso. # 15086 Muff #601