2.
Response
to
Comments
2.10
Individual
Responses
to
Comments
from
Individuals
2.10.11
Ross
Libenson
Libenson-1
[See page
5-602 for the original comment]
To
provide
a
conservative,
worst
case
analysis,
the
effects
of
maximum
allowable
building
heights
and
maximum
allowable
building
square
footage
permitted
within
the
Baylands
on
the
CPSRA
recreational
resource
were
evaluated
in
the
Draft
EIR
in
Impact
4.M-2,
starting
on
page
4.M-22.
See
Master Response 34
for
a
discussion
of
the
project
description
used
to
analyze
project
impacts
on
windsurfing
resources.
[See page
5-602 for the original comment]
This
comment
recommends
architectural
requirements
to
reduce
the
wind
effects
of
Project
Site
development,
which
the
City
has
determined
do
not
need
to
be
incorporated
in
the
Baylands
EIR
either
as
mitigation
or
as
part
of
a
new
alternative.
Such
measures
can
be
considered
as
part
of
the
planning
review
undertaken
by
the
City
for
the
Baylands.
While
CEQA
requires
implementation
of
all
feasible
mitigation
measures
when
a
significant
impact
is
determined
to
result
from
a
proposed
project,
CEQA
also
does
not
provide
the
Lead
Agency
with
authority
to
require
mitigation
measures
when
no
significant
impact
is
determined
to
exist.
As
discussed
in
Section
4.M,
Recreational
Resources
,
of
the
Draft
EIR,
impacts
on
windsurfing
resources
were
determined
to
be
less
than
significant,
and
no
mitigation
is
required.
In
addition,
since
a
significant
impact
on
windsurfing
resources
was
not
determined
to
exist,
analysis
of
an
alternative
primarily
designed
to
address
impacts
on
windsurfing
resources
would
be
unnecessary.
Reducing
building
heights
in
the
easterly
portion
of
the
site
(the
area
closest
to
the
Bay)
is
already
required
by
Mitigation
Measure
4.A-1,
although
not
to
the
degree
requested.
Preparation
of
a
specific
plan
is
already
a
requirement
of
the
City
of
Brisbane
for
development
within
the
Baylands.
A
requirement
for
future
development
not
to
exceed
existing
elevations
within
the
former
landfill
area
could
constrain
the
ability
to
provide
the
required
landfill
cap
as
part
of
formal
landfill
closure
and
potentially
eliminate
any
economic
use
of
the
former
landfill
area
following
formal
closure.
Libenson-2
Brisbane
Baylands
Final
EIR
2.10.11-1
May
2015
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