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VI. SIGNIFICANT IMPACTS THAT CANNOT BE MITIGATED TO A LESS THAN SIGNIFICANT LEVEL The following significant transportation and traffic impacts cannot be mitigated to a less than significant level, even with the implementation of the identified mitigation measures set forth below, in the Revised Final SEIR, and the RMMRP. No mitigation measures are feasible that would mitigate these impacts to a less than significant level. The City has determined that the impacts identified below are acceptable because of overriding economic, legal, social or other considerations, as described in the Statement of Overriding Considerations presented in Section IX,below. As presented in the Revised Final SEIR, the Project would result in five impacts to transportation and traffic that would be significant and unavoidable. Table 1 below illustrates the impacts discussed below and also identifies the following: • The physical locations affected by each impact; • To what extent mitigation measures would reduce the level of impact; • Which impacts would remain significant and unavoidable after mitigation; and • Which impacts would be significant and unavoidable due to uncertainty regarding Caltrans' discretionary review of the improvements contained in the measure. To ensure the improvements described in the mitigation measures addressing Transportation and Traffic impacts are completed as provided for in the RMMRP, all of the required improvements shall be constructed with Phase I and be completed prior to occupancy of Costco. Transportation and traffic improvements will be funded using one or more of a combination of sources, including the City's Transportation Impact Fee (TIF), a sales tax sharing agreement, developer cash contributions, or right-of-way contributions. In addition, the City would implement a Transportation Fee for the Project area. The new fee would be assessed on new development within the project area at the construction permitting stage. The City will use the proceeds from the new fee to reduce the amount owed to Costco through the proposed sales tax sharing agreement which, in turn, will reduce the years in which the City would be required to share the sales tax generated from the Costco store with Costco. A general description of that fee methodology and structure is provided below. Staff has developed a proposal to allocate the $8.4 million of costs not contributed by Costco to the future developments based on the percent of total trips at build-out by land use (based on building square footage that would be allowed under JDEDZ zoning). This methodology results in a$28.28 per building square foot fee for retail uses and a$13.70 per 32