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City Approval, having received final City Approvals. I2 the <br />traffic study analysis shows that any affected intersection <br />would exceed the Level of Service D (equal to or greater <br />than 91% of capacity) but can be mitigated so as to be no <br />greater than mid-Level of Service D (86% of capacity) after <br />mitigation, the City shall condition approval upon <br />implementation of those mitigation measures. No building <br />permit may be issued until programs for implementation of <br />mitigation are established. If the traffic study analysis <br />shows any affected intersection would exceed Level of <br />Service D (equal to or greater than 91% of capacity), and <br />indicates that there are no mitigation measures the Owner <br />can implement to improve the affected intersection to mid- <br />Level of Service D (86% of capacity), then the City shall <br />not approve the application for design review and no <br />building permit shall be issued. <br /> <br /> (b) Procedure for Approval. City shall <br />approve the traffic study analysis if it meets the standards <br />set forth in subparagraph (a) above. City shall act upon <br />approval of the traffic study analysis simultaneously with <br />the application for design review approval and if the City <br />approves the traffic study analysis with respect to any <br />Project, its approval shall become effective sixty (60) days <br />following the effective date of its final design approval of <br />such Project. <br /> <br />-3- <br /> <br /> <br />