2.
Response
to
Comments
2.10
Individual
Responses
to
Comments
from
Individuals
The
preparation
of
a
Program
EIR
does
not
change
or
modify
in
any
way
the
City’s
requirement
for
preparation,
review,
and
approval
of
a
specific
plan
prior
to
granting
any
site-specific
development
approval
within
the
Baylands.
The
Draft
EIR
consistently
notes
that
selection
of
the
CPP
or
CPP-V
development
scenario
will
require
preparation
of
a
specific
plan
prior
to
approval
of
any
site-
specific
development
within
the
Baylands.
In
addition,
as
discussed
1,
all
discretionary
actions
for
site-specific
development
within
the
Baylands
will
require
subsequent
environmental
review.
The
Draft
EIR
includes
a
discussion
of
the
incidental
take
process
because
performance
standards
in
Section
4.C,
Biological
Resources,
require
compliance
with
and
implementation
of
the
state
and
federal
regulatory
processes
that
occur
during
the
regulatory
permitting
process
prior
to
project
construction.
Applications
for
incidental
take
permits
require
site-specific
development
such
as
the
specific
location
of
buildings,
landscaping
and
open
space,
parking,
and
infrastructure
on
a
development.
Such
information
would
not
be
provided
in
a
specific
plan
as
asserted
in
this
comment.
See
1
for
discussion
of
the
appropriateness
of
the
programmatic
analysis
contained
in
the
Draft
EIR.
The
Draft
EIR
adequately
describes
baseline
conditions
on
the
site,
and
provides
appropriate
mitigation
for
significant
impacts
See
1
for
discussion
of
the
appropriate
level
of
detail
for
a
programmatic
EIR.
As
noted
in
the
Table
4.C-1,
great
blue
heron,
golden
eagle,
and
brown
pelican
could
potentially
be
present
within
the
Baylands
for
the
purposes
of
foraging.
Great
blue
heron
are
widespread
throughout
North
America.
Although
not
listed
as,
or
considered
endangered
or
threatened,
this
species
is
considered
a
special
status
species
in
the
Draft
EIR
because
the
heron
is
protected
under
the
Migratory
Bird
Treaty
Act,
which
prohibits
(among
other
things)
take
of
active
nests.
In
addition,
nest
sites
(rookeries)
are
also
protected
under
state
Fish
and
Wildlife
Code
Section
3503.
There
were
no
rookeries
for
great
blue
heron
identified
within
the
Baylands
Project
Site.
While
the
large
eucalyptus
trees
present
at
the
margins
of
the
Baylands
Project
Site
represent
potential
nesting
locations,
high
levels
of
existing
disturbance
preclude
nesting
activity.
No
rookeries
were
observed
or
are
recorded
in
the
immediate
vicinity.
However,
individual
birds
are
likely
to
forage
within
area
wetland
habitats
and
at
Brisbane
Lagoon.
There
are
no
CNDDB
records
or
other
known
observations
to
support
presence
of
this
species
on
the
Baylands
Project
Site
for
over
thirty
years,
and
Dr.
Hafernick,
who
was
reported
to
have
observed
to
have
more
recently
observed
forktail
damselfly
in
local
wetlands
is
unavailable
to
provide
additional
detail
regarding
Brisbane
Baylands
Final
EIR
2.10.16-2
May
2015