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410 Si_~nificant Effect Project-related traffic would create the need for a traffic signal at the intersection of Susan Street and Sunflower Avenue. Findings Finding 1: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the final EIR. Finding 2: Such changes or alterations are within the responsibility or jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts in Support of Findings The effect could be eliminated or substantially lessened to a level less than significant by virtue of the mitigation measure identified in the Final EIR and incorporated into the project. However, because the measure requires the approval of an agreement between the City of Santa Aha and the City of Costa Mesa it is at least partially outside the jurisdiction of the City of Santa Ana. With the first building permit for the proposed project, the project applicant shall construct a traffic signal at the intersection of Susan Street/Sunflower Avenue in accordance with standard traffic signal warrants. Under the terms of a pending reimbursement agreement between the cities of Santa Aha and Costa Mesa, the project applicant shall install, and provide initial costs for, this traffic signal but shall eventually be reimbursed for all but the "fair share" of the signal costs associated with the proposed Lake Center project. Although this measure will improve the operation of this intersection to a level considered less than significant, the potential impact shall remain significant by virtue of it being contingent on a pending agreement between the cities of Santa Aha and Costa Mesa. This impact is acceptable when weighed against the facts set forth in the Statement of Overriding Considerations. JB 1/08~50001.SOF 22