2.
Response
to
Comment
2.4
Master
Responses
to
Comments
Response
Enforceability
and
Implementation
of
Mitigation
Measures
A
Lead
Agency
adopts
the
mitigation
measures
described
in
the
EIR
when
it
approves
the
project.
These
mitigation
measures
must
be
enforceable
through
conditions
of
approval,
contracts,
or
other
means
that
are
legally
binding
on
the
applicant
(Public
Resources
Code
Section
21081.6(b);
CEQA
Guidelines
Section
15126.4(a)(2)).
When
approving
a
project
that
includes
mitigation
measures,
the
Lead
Agency
must
adopt
a
Mitigation
Monitoring
and
Reporting
Program
(MMRP)
identifying
the
mitigation
measure(s)
required
to
avoid
or
minimize
each
significant
impact
and
the
responsible
party
for
overseeing
completion
of
the
requirements.
(Public
Resources
Code
Section
21081.6.)
This
requirement
is
designed
to
ensure
that
mitigation
measures
will
actually
be
implemented,
and
not
merely
adopted
and
then
ignored.
A
public
agency
may
delegate
reporting
or
monitoring
responsibilities
to
another
public
agency
or
to
a
private
entity
that
accepts
the
delegation;
however,
until
mitigation
measures
have
been
completed,
the
Lead
Agency
remains
responsible
for
ensuring
that
implementation
of
the
mitigation
measures
occurs
in
accordance
with
the
MMRP
(CEQA
Guidelines
Section
15097).
Where
the
project
is
adoption
of
a
specific
plan
or
other
plan-level
document,
the
MMRP
is
required
to
apply
the
policies
and
any
other
portion
of
the
plan
that
serves
as
mitigation
for
identified
impacts,
i.e.,
the
MMRP
may
include
policies
included
in
plan-level
documents.
Therefore,
the
City
of
Brisbane
will
be
responsible
for
ensuring
(1)
implementation
of
the
mitigation
measures
included
within
this
EIR,
and
(2)
implementation
of
the
requirements
of
any
approved
specific
plan
for
development
within
the
Baylands.
A
public
agency
may
choose
whether
its
program
will
monitor
mitigation,
report
on
mitigation,
or
both
(CEQA
Guidelines
Section
15097).
“Reporting”
is
a
written
compliance
review
that
is
presented
to
the
decision-making
body
or
authorized
staff
person.
A
report
may
be
required
at
various
stages
during
project
implementation
or
upon
completion
of
the
mitigation
measure.
“Monitoring”
is
genera
lly
an
ongoing
process
of
project
oversight.
There
is,
however,
often
no
clear
distinction
between
monitoring
and
reporting,
and
the
program
best
suited
to
ensuring
compliance
in
any
given
instance
may
involve
elements
of
both.
Monitoring,
rather
than
simply
reporting,
is
suited
to
projects
(such
as
development
of
the
Baylands)
that
have
complex
mitigation
measures
expected
to
be
implemented
over
a
period
of
time.
Some
mitigation
measures
may
exceed
the
expertise
of
the
City
to
oversee
and
require
careful
implementation
to
assure
compliance.
In
such
cases,
Brisbane
will
retain
sufficient
outside
expertise
to
ensure
appropriate
implementation
of
all
mitigation
measures.
Monitoring
ensures
that
project
compliance
is
checked
on
a
regular
basis
during,
and
if
necessary
after,
implementation.
Reporting
ensures
that
the
approving
agency
is
informed
of
compliance
with
mitigation
requirements.
The
methods
selected
by
the
City
to
ensure
implementation
of
the
mitigation
measures
contained
in
the
Baylands
EIR
are
described
in
the
MMRP
set
forth
in
Chapter
4.0
of
the
Final
EIR.
Neither
CEQA
nor
the
CEQA
Guidelines
specify
detailed
requirements
for
the
specific
content
of
mitigation
monitoring
or
reporting
programs.
According
to
the
Governor’s
Office
of
Planning
and
Brisbane
Baylands
Final
EIR
2.4-10
May
2015