2.
Response
to
Comments
2.10
Individual
Responses
to
Comments
from
Individuals
The
City
of
Brisbane
would
impose
the
mitigation
measures
set
forth
in
the
Baylands
Draft
EIR.
However,
the
City
of
Brisbane
does
not
have
the
legal
authority
to
compel
outside
agencies
such
as
San
Francisco
and
Daly
City
to
require
implementation
of
these
measures
within
their
jurisdiction.
This
comment
refers
to
a
footnote
in
the
Draft
EIR
that
describes
the
significance
threshold
used
in
the
analysis
of
transit
impacts
and
their
significance,
and
not
any
conclusions
regarding
impacts
of
proposed
development
within
the
Baylands.
As
stated
on
page
4.N-139
of
the
Draft
EIR,
Muni
transit
service
is
operated
by
the
San
Francisco
Municipal
Transportation
Agency.
Muni
service
is
outside
of
the
jurisdiction
of
the
City
of
Brisbane,
and
even
fair-share
capital
contributions
cannot
be
guaranteed
to
be
dedicated
to
the
improvements
described
in
this
mitigation
measure.
The
EIR’s
conclusion
is
that
the
impact
would
be
significant
and
unavoidable.
By
definition,
despite
implementation
of
all
feasible
mitigation
measures,
there
are
no
additional
feasible
mitigation
measures
that
could
be
imposed
to
reduce
significant
and
unavoidable
impacts
to
a
less
than
significant
level.
As
noted
in
the
conclusion
following
the
statement
cited
in
Comment
Mitigation
Measure
4.N-7
requires
payment
of
a
fair
share
contribution
for
transit
improvements.
Because
transit
service
is
provided
by
Muni,
and
not
the
City
of
Brisbane,
Brisbane
has
no
authority
to
control
the
ways
in
which
such
fair
share
payments
are
used
by
Muni.
Neither
does
the
City
have
the
legal
authority
to
compel
Muni
to
improve
or
modify
any
of
its
services.
Thus,
the
Draft
EIR
concludes
that
the
impact
is
significant
and
unavoidable.
Because
transit
service
is
provided
by
Muni,
Caltrain,
and
SamTrans,
and
not
the
City
of
Brisbane,
Brisbane
has
no
legal
authority
to
compel
those
agencies
to
improve
or
modify
any
of
their
services.
Thus,
the
Draft
EIR
concludes
that
the
impact
is
significant
and
unavoidable.
All
pedestrian
and
bicycle
facilities
within
the
Baylands
will
be
designed
to
provide
for
the
safety
of
pedestrian
and
bicyclists
based
on
standard
engineering
design
practice.
Site
remediation
to
protect
the
health
of
subsequent
users
of
the
Baylands
Project
Site
is
a
prerequisite
to
development
within
the
Baylands.
Brisbane
Baylands
Final
EIR
2.10.2-12
May
2015