2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
discussion
of
compliance
with
the
law
as
mitigation
under
CEQA,
including
reliance
on
building
code
standards
to
address
seismic
and
geologic
hazards.
The
City
retains
authority
to
determine
those
specific
uses
that
would
or
would
not
be
appropriate
within
the
Baylands.
In
addition,
all
permitted
uses
in
any
specific
plan
approved
by
the
City
within
the
Baylands
will
be
required
to
be
consistent
with
the
provisions
of
the
Brisbane
General
Plan,
which
restricts
the
range
of
industrial
uses
and
the
types
of
uses
permitted
within
the
Baylands
that
might
use
or
generate
large
quantities
of
hazardous
materials.
None
of
the
project
components
described
in
Chapter
3,
Project
Description
,
proposes
any
modifi
cation
to
the
City’s
existing
limits
on
industrial
development
within
the
Baylands.
Worker
safety
is
regulated
by
the
federal
Occupational
Safety
&
Health
Administration
(OSHA)
and
the
California
Division
of
Occupational
Safety
and
Health
(Cal/OSHA).
The
Kinder
Morgan
facility
is
not
within
the
Project
site
and
is
not
part
of
proposed
Baylands
development
and
therefore
this
EIR
does
not
specifically
analyze
the
operations
or
design
of
this
facility.
The
mitigation
measures
set
forth
in
the
EIR
apply
to
the
significant
impacts
that
would
result
from
proposed
development
of
the
Baylands.
The
Kinder
Morgan
facility
is
not
a
part
of
the
Project
Site,
and
is
under
the
regulatory
oversight
of
the
Regional
Water
Quality
Control
Board.
The
City
has
no
authority
under
CEQA
to
require
mitigation
from
a
third
party
that
is
not
part
of
the
proposed
project
and
has
not
requested
a
discretionary
approval.
See
21
for
discussion
of
land
use
compatibility
in
relation
to
the
Kinder
Morgan
tank
farm.
As
stated
in
that
Master
Response,
appropriate
setbacks
from
the
tank
farm
and
associated
pipelines
will
be
established
as
part
of
the
planning
review
undertaken
by
the
City
for
the
Baylands.
The
Kinder
Morgan
facility
is
under
the
regulatory
oversight
of
the
Regional
Water
Quality
Control
Board.
The
Draft
EIR
relied
on
the
investigative
and
remediation
reports
prepared
by
environmental
consultants
for
the
Kinder
Morgan
facility
which
were
reviewed
and
accepted
by
the
Regional
Water
Quality
Control
Board.
The
Draft
EIR
relied
on
the
regulatory
authority
and
responsibility
of
the
RWQCB
to
enforce
the
law,
including
compelling
Kinder
Morgan
to
comply
with
applicable
law
and
regulations
for
the
protection
of
the
public
health
and
safety.
The
potential
risk
identified
in
the
Draft
EIR
is
related
to
leaks
from
aboveground
storage
tanks;
however
the
Kinder
Morgan
facility
has
secondary
containment
around
the
aboveground
storage
tanks
to
mitigate
leaks
and
the
tanks
are
integrity
tested
to
ensure
compliance
with
applicable
federal,
State
and
local
regulations.
Brisbane
Baylands
Final
EIR
2.9.1-83
May
2015