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Year 2035 Plus Project(Phase I&II) Conditions Except where otherwise noted, impacts to the intersections listed below in the Year 2035 Plus Project Conditions Table would be less than significant if the improvements recommended in the DEIR for each such intersection were constructed. However, the project alone does not cause the impacts in question. Rather, such impacts would be caused under cumulative conditions in combination with other projects. Section 15130 of the CEQA Guidelines specifically provides that an EIR may determine that a project's contribution to a cumulative impact may be mitigated by requiring the project "to implement or fund its fair share of a mitigation measure or measures designed to alleviate the cumulative impact" (CEQA Guidelines, Section 15130 (a)(3)). The project will therefore be required to contribute its fair share of the cost of the relevant improvements either by, as indicated in the 2035 Plus Project Conditions Table below: (i)paying the applicable fees for the project under RTIF program or County Traffic Impact Fee Program ("TIMF") at the time of building permit applications,if the recommended improvements for the mitigation of these impacted intersections have been programmed for inclusion and construction under the RTIF or TIMF program, or (it) by paying fees to the County for such improvements,based upon the project's equitable fair share of such improvements, if an alternative fee collection program exists at the time of building permit applications which has been established by the County and/or another agency and which the County, as Lead Agency, determines is part of a reasonable, enforceable plan or program that is sufficiently tied to the actual mitigation of the traffic impacts at issue. However, the County, as Lead Agency, does not have jurisdiction over these improvements, except where otherwise noted below, and there are no other feasible mitigation measures apart from the payment of mitigation fees that are put of a reasonable, enforceable plan or program that is sufficiently tied to the actual mitigation of the traffic impacts at issue. Because it is uncertain whether full funding will be achieved for construction of these improvements, and, if so, whether and when such improvements will be constructed ` even with implementation of these mitigation measures, and therefore,whether these improvements will be �r constructed prior to project build out, these impacts will be significant and unavoidable even with implementation of the relevant mitigation measures. Further, in the case of TRANS-26, -27, -30, -31, no feasible mitigation measure exists because the improvements which would be required to mitigate such impacts, namely, the addition of two mixed-flow lanes to the sections of I-5 in question, would be inconsistent with the Caltrans Transportation Concept Report C`TCR') for I-5. Hence, there is no reasonable, enforceable plan or program in place by Caltrans or any other agency that is sufficiently tied to the actual mitigation of the traffic impacts at issue. Findings of Fact/ 24 November 2012 Statement of Overriding Considerations