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(e) Mitigation required. <br /> (1) If the LOS for any transportation facility in the project area is (A) currently <br /> worse than the acceptable level of service, or (B) projected to become worse <br /> than the acceptable level of service during the five year period of the TIAR, any <br /> rezoning of the property, if approved, shall contain conditions that require <br /> mitigation of adverse traffic effects before occupancy of the project is <br /> permitted, or that occupancy be delayed until the level of service has reached <br /> the acceptable level and is no longer projected to be worse than the acceptable <br /> level. <br /> (2) Where the LOS deficiency is due to roadway or intersection deficiencies in the <br /> immediate vicinity of the project, the conditions of zoning shall require local <br /> mitigation. Where the deficiency in LOS is due to insufficient capacity in the <br /> transportation facilities serving the project area, the conditions of zoning shall <br /> require area mitigation. <br /> (3) If there is more than one way to mitigate an adverse effect, the director shall <br /> present to the council the pros and cons of the alternatives. <br /> (f) Mitigation requirements will be deemed satisfied when: <br /> (1) A public agency has committed funds for area mitigation that will remove the <br /> LOS deficiency. In the case of the State, commitment of funds means that the <br /> governor has released funds to complete the improvement. In the case of the <br /> County, commitment of funds means that the council has appropriated funds to <br /> complete the improvement; or <br /> (2) The private developer's commitment to implement mitigation has been secured <br /> by bond or equivalent security, or mandatory participation in an improvement <br /> district, community facilities district, or other equivalent means of guaranteeing <br /> performance. <br /> (g) A developer's area mitigation expenses shall be credited against any fair share or <br /> similar fee requirement for roads. A developer's local mitigation expenses shall be <br /> credited against any fair share or similar fee requirement for roads if the council <br /> determines that the mitigation substantially benefits the general public and was not <br /> necessary primarily for the benefit of the project. In general, roads that are <br /> necessary for access to or within a development or turn lanes for a private project <br /> shall not qualify for fair share credit. <br /> (h) The following types of []zoning amendment applications shall be required <br /> to submit a TIAR when required by this section, but shall not be required to perform <br /> area mitigation: <br /> (1) Residential or other [rezening]zoning amendment where the applicant commits, <br /> and the conditions of zoning require, that the project earn at least two times the <br /> number of affordable housing credits otherwise required under chapter 11, <br /> County affordable housing policy, provided further that the applicant shall be <br /> entitled to the full amount of "excess credits" under section 11 -15, County <br /> affordable housing policy, based on the number of affordable housing credits <br /> normally required. <br /> (2) [Rezeg]Zoning amendment to CV, CN, MCX, PD, or ML where the council <br /> determines that the project will reduce regional traffic congestion by providing <br /> necessary commercial or light industrial opportunities to serve an area where <br /> 3 <br />