2.
Response
to
Comments
2.5
Individual
Responses
to
Comments
from
State
Agencies
The
issue
of
land
use
compatibility
with
public
trust
lands
is
addressed
in
the
Geology,
Soils
and
Seismicity,
Biological
Resources,
Surface
Hydrology
and
Water
Quality,
and
Noise
sections
of
the
Draft
EIR.
By
restricting
construction
activities
within
public
trust
lands
(MM
4.E-4a),
and
implementation
of
the
aforementioned
biological
resources
and
hydrology
and
water
quality
mitigation
measures,
the
development
proposed
on
the
Baylands
site
would
be
compatible
with
the
public
trust
lands
within
Guadalupe
Canal
and
Brisbane
Lagoon.
In
addition,
site
remediation
and
wetland
restoration
would
ultimately
improve
the
water
quality
of
the
Lagoon.
Also,
any
portion
of
Project
Site
development
located
within
the
600-foot
wide
Guadalupe
Canal
strip
would
require
a
lease
from
the
State
Lands
Commission.
Site-specific
engineering
designs
for
development
and
infrastructure
within
the
Baylands
would
be
required
prior
to
determining
whether
any
State
Lands
Commission
approvals
are,
in
fact,
necessary.
If
approvals
are
necessary,
State
Lands
Commission
would
have
the
opportunity
to
review
and
approve
design
plans
and
impose
mitigation
or
design
criteria
as
necessary.
The
Draft
EIR
analyzes
impacts
to
biological
resources
within
the
Brisbane
Lagoon,
Visitation
Creek,
and
other
tidally
influence
lands
in
Section
4.C,
Biological
Resources,
concluding
that
impacts
would
be
less
than
significant
following
implementation
of
applicable
mitigation
measures.
The
Baylands
Draft
EIR
evaluates
the
proposed
remediation
and
development
of
the
Brisbane
Baylands
at
a
level
of
detail
commensurate
with
the
level
of
detail
available
in
the
project
description
for
proposed
development
of
the
Baylands.
See
Master
Response
1
for
discussion
of
the
programmatic
nature
of
the
Draft
EIR
and
its
relationship
to
future
environmental
analyses
and
for
discussion
of
the
remediation
process
in
relation
to
the
City’s
planning
and
development
review
process.
Impacts
of
noise
and
vibration
on
fish
during
construction
was
not
evaluated
in
the
Draft
EIR
because
none
of
the
concept
plan
scenarios
include
in-water
construction
activities.
No
restoration
activities
in
the
water
or
land-side
supporting
structures
for
public
trust
uses
referenced
in
the
comment
are
proposed.
There
would
therefore
be
no
pile-
driving
activities
within
or
adjacent
to
public
trust
lands
that
would
result
in
increased
noise
and
vibration.
Project
Site
development
does
not
involve
in-water
construction
and
no
submerged
resources
are
recorded
within
the
Brisbane
Lagoon
or
the
Baylands
Site.
None
of
the
four
Development
Scenarios
evaluated
in
the
Draft
EIR
propose
development
within
Brisbane
Lagoon
(Draft
EIR
pages
and
and
the
lagoon
is
not
included
within
the
total
buildable
area
of
the
Baylands
Site
(Table
3-2A,
Land
Area
Types
on
Brisbane
Baylands
Final
EIR
2.5.4-3
May
2015