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and the City, as lead agency for the Project, cannot guarantee Caltrans' <br />approval. While the City is requiring as a condition of approval that Kaiser <br />seek an encroachment permit from Caltrans, because the City cannot guarantee <br />that this mitigation measure will be fully implemented and there is no other <br />feasible mitigation, impacts to the Marina Boulevard / Merced Street <br />intersection are considered significant and unavoidable for purposes of the <br />CEQA analysis. This potentially unavoidable significant impact is overridden <br />as set forth below in the Statement of Overriding Considerations. <br />(2) Impact TR -9 finds that project -generated traffic would cause the Marina <br />Boulevard/Wayne Avenue intersection to degrade from LOS D to LOS E <br />during the PM peak hour. Therefore, the project impacts are significant. <br />Mitigation Measure TR -9.2 requires re -striping of the eastbound approach lanes <br />to convert the eastbound right -turn lane to a shared through -right lane, and to <br />provide an additional receiving lane on the east leg of the intersection. The <br />mitigation measure requires the project sponsors to contribute fair -share funds <br />towards this improvement. However, implementation of this mitigation <br />measure would require the acquisition of new right-of-way on the east leg of <br />the intersection. As such, approval of this mitigation is exclusively within the <br />responsibility and jurisdiction of Caltrans and the City, as lead agency for the <br />Project, cannot guarantee Caltrans' approval. While the City is requiring as a <br />condition of approval that Kaiser seek an encroachment permit from Caltrans, <br />because the City cannot guarantee that these measures would be implemented <br />and there is no other feasible mitigation, the project impact at the Marina <br />Boulevard / Wayne Avenue intersection is considered significant and <br />unavoidable for purposes of the CEQA analysis. This potentially unavoidable <br />significant impact is overridden as set forth below in the Statement of <br />Overriding Considerations. <br />(3) Impact TR -9 finds that project -generated traffic would cause the Marina <br />Boulevard/Alvarado Street intersection to degrade from LOS D to LOS E <br />during the AM peak hour and the PM peak hour. Therefore, the project impacts <br />are significant. Mitigation Measure TR -9.3 requires optimization of the <br />actuated -uncoordinated signal timing at the Marina Boulevard/ Alvarado Street <br />intersection. The mitigation measure requires the project sponsors to contribute <br />fair -share funds towards this improvement. However, implementation of this <br />mitigation measures would require encroachment permits from Caltrans. As <br />such, approval of this mitigation is exclusively within the responsibility and <br />jurisdiction of Caltrans and the City, as lead agency for the Proejct, cannot <br />guarantee Caltrans' approval. While the City is requiring as a condition of <br />approval that Kaiser seek an encroachment permit from Caltrans, because the <br />City cannot guarantee that this mitigation measure will be fully implemented <br />and there is no other feasible mitigation, this impact is considered significant <br />and unavoidable for the purposes of the CEQA analysis. This potentially <br />unavoidable significant impact is overridden as set forth below in the Statement <br />of Overriding Considerations. <br />-13- <br />