Excerpt:

Public Benefit Cap.
The Initiative anticipates that at full buildout of the development, the property and business owners of the development will fund the operation and management of the TDM strategies. However, since the Initiative includes on-site and off-site traffic and transportation improvements in the public benefit cap, the capital improvements associated with the TDM programs appear to be included in the cap and it is unclear whether there will be sufficient monies to fully fund all the identified public benefit projects and necessary TDM capital projects.

EIR Mitigation vs. Project Improvement.
Since the Initiative does not commit to a specific TDM program as part of project-related public improvements, it is anticipated that the TDM program will be identified as mitigations through a subsequent EIR process, pursuant to the California Environmental Quality Act (CEQA). Since CEQA allows for mitigations measures to be waived through Statements of Overriding Consideration based on factors including financially infeasible, portions of the TDM program required to mitigate the project’s impacts may be determined to be infeasible based on the cost to implement the program. Therefore, the Initiative does not guarantee which specific TDM strategies will be included as part of the development. If the TDM program were committed to as part of the Initiative and not considered strictly as a potential EIR mitigation to the project’s traffic impacts, as currently proposed in the Initiative, there would be more certainty that the TDM measures discussed in the Initiative and analyzed in this report would be implemented and the corresponding traffic reductions will be achieved.