2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
The
Draft
EIR
also
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.
As
explained
in
the
Draft
EIR
page
4.G-
95
“In
addition,
the
existing
regulatory
requirements
and
hazardous
material
management
of
the
Kinder
Morgan
Bulk
Terminal
facility
reduce
the
potential
for
adverse
effects
from
upset
and
accident
conditions
to
less
than
significant
levels.”
See
5
for
discussion
regarding
compliance
with
the
law
as
mitigation
under
CEQA.
See
for
discussion
of
land
use
compatibility
with
the
Kinder
Morgan
tank
farm.
See
See
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
modification
to
the
City’s
existing
limits
on
industrial
development
within
the
Baylands.
Uses
that
are
prohibited
by
the
Brisbane
General
Plan
or
City
ordinance
would
be
prohibited
within
the
Baylands
unless
those
regulations
were
otherwise
amended.
The
conclusion
on
page
4.G-96
is
revised
to
read
as
follows:
Conclusion
with
Mitigation:
With
implementation
of
Mitigation
Measure
4.G-
2e
2b
(Hazardous
Materials
Business
Plan),
the
potential
for
accidental
releases
and
upset
conditions
to
occur
as
the
result
of
storage
or
disposal
of
hazardous
materials
or
wastes
during
operational
phases
of
the
development
scenarios
would
be
minimized.
Thus,
significant
impacts
related
to
hazards
to
the
public
or
the
environment
through
reasonably
foreseeable
upset
or
accident
conditions
involving
the
release
of
hazardous
materials
into
the
environment
will
be
reduced
to
a
less-than-significant
level.
The
Draft
EIR
statement
cited
in
this
comment
is
specific
to
the
placement
of
underground
utility
boxes,
underground
structures,
and
basements.
Mitigation
Measure
4.G-2h
requires
all
new
structures
within
the
former
landfill
footprint
and
within
and
as
well
as
locations
within
1,000
feet
of
the
waste
material
footprint,
to
incorporate
Brisbane
Baylands
Final
EIR
2.9.1-84
May
2015