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those located on Valley Avenue from Bernal Avenue to the <br /> Arroyo del Valle bridge, inclusive, on Bernal Avenue <br /> from Valley Avenue to 1-680 southbound off-ramp, <br /> inclusive, and all on-site intersections. Mitigation <br /> measures may include roadway improvements and/or <br /> transportation systems management programs determined by <br /> the City Engineer (appealable to the City Council), <br /> beginning with the least stringent and least costly. <br /> Increasingly more stringent mitigation measures will be <br /> required and implemented by developer in order to <br /> maintain traffic levels at better than LOS E (91% of <br /> capacity). City agrees that to the best of its ability <br /> it shall impose the cost of traffic mitigation measures <br /> made necessary by the cumulative impact of Bernal <br /> Avenue-I-680 development on a pro rata basis over those <br /> properties benefiting therefrom. <br /> <br />(b) Each site specific project after Phase I submitted to <br /> the City for final design approval shall be accompanied <br /> by a traffic study, prepared in accordance with the <br /> City's adopted Standard Assumptions for Traffic Studies <br /> and satisfactory to the City Engineer, projecting future <br /> levels of service at the above-described affected <br /> intersections. Future traffic conditions shall include <br /> existing traffic, projected traffic from other projects <br /> under construction and/or having received final City <br /> approvals, and projected traffic from the project <br /> submitted for approval. The street network assumed <br /> shall be that existing at the time the project is <br /> submitted for approval and as it will exist as a result <br /> of roadway improvements either under construction or <br /> having received necessary final governmental approvals. <br /> <br /> i. If the traffic study analysis shows that any <br /> affected intersection, or intersections, would <br /> exceed LOS D (equal to or greater than 91% of <br /> capacity) but can be mitigated so as to be no <br /> greater than mid-LOS D (86% of capacity), after <br /> mitigations, the City shall condition approval upon <br /> implementation of those mitigation measures. No <br /> building permit may be issued until the mitigation <br /> measures are either under construction or, for site <br /> specific or occupant-specific mitigation measures <br /> not construction related (such as TSM), the <br /> implementation programs are established. If the <br /> City Engineer finds that completion of a particular <br /> improvement not yet under construction will <br /> reasonably be completed prior to occupancy of a <br /> project building, that the improvement has received <br /> all approvals necessary, from whichever agencies, <br /> and that funding is bonded for or otherwise <br /> assured, a building permit may be issued in advance <br /> of the start of construction of the mitigation <br /> measure. <br /> <br /> <br />