2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
The
characterizations
of
habitat
types
and
vegetation
communities
at
the
site
are
based
on
observations
of
habitats
conducted
in
2003,
2007,
2011,
and
2013
by
various
professional
biologists
and
consulting
firms.
A
review
of
previous
habitat
assessments,
and
air
photos
undertaken
as
part
of
the
Final
EIR
substantiated
the
characterization
of
habitat
types
and
their
extent
within
the
Baylands.
The
Draft
EIR
determined
that
impacts
of
each
of
the
four
concept
plan
scenarios
on
wildlife
movement
would
be
significant
without
mitigation
(see
discussion
of
Impact
4.C-4
beginning
on
page
4.C-53
of
the
Draft
EIR).
In
response
to
the
identified
significant
impact
on
wildlife
movement,
Mitigation
Measures
4.C-4a
and
4.C-4b
set
forth
performance
standards
that
would
require
preparation,
approval
by
the
City,
and
implementation
of
an
Open
Space
Plan
for
the
entirety
of
the
Baylands
Project
site.
Mitigation
Measure
4.C-4a
specifically
requires
the
Open
Space
Plan
to
“incorporate
designs
to
provide
for
wildlife
movement
corridors
and
to
enhance
habitat
for
native
wildlife
species”
and
to
“promote
both
linkages
between
upland
habitats
and
San
Francisco
Bay
and
linkages
between
upland
habitats
along
the
Bay
shoreline.”
Fencing
or
other
buffers
proposed
must
accommodate
movement
of
small
mammals,
which
would
include
the
salt
marsh
harvest
mouse,
if
that
species
colonizes
the
site
in
the
interim
before
site
buildout
occurs.
These
standards
would
be
achieved
through
implementation
of
the
Open
Space
Plan,
and
the
Draft
EIR
concluded
that
the
identified
significant
impact
on
wildlife
movement
would
be
reduced
to
below
a
level
of
significance.
See
Response
The
comment
states
that
more
independent
studies
are
required
in
relation
to
rare
and
endangered
species,
such
as
those
mentioned
in
Comment
and
expresses
disagreement
with
the
conclusions
presented
in
the
Draft
EIR
regarding
species’
potential
to
occur.
Biological
resources
studies
of
the
Baylands
Project
site
were
undertaken
under
contact
to
the
Lead
Agency,
the
City
of
Brisbane
in
2007,
2011,
and
2013.
The
“developer”
did
not
direct
these
studies,
and
the
determinations
set
forth
in
the
Draft
EIR
and
in
these
responses
were
not
subject
to
developer
direction
or
approval.
Please
see
and
9
regarding
the
specificity
of
biological
resources
analyses.
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
Brisbane
Baylands
Final
EIR
2.9.2-25
May
2015