2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
See
The
mitigation
ratio
cited
in
the
Draft
EIR
--
“not
less
than
1:1”
is
a
minimum
permitted
mitigation
ratio,
and
does
not
preclude
the
City
from
requiring
a
higher
replacement
ratio
where
needed
to
provide
suitable
replacement
habitat
that
would
protect
onsite
habitat
values,
and
reduce
the
project’s
impacts
to
less
than
significant.
Please
also
note
that
under
CEQA,
mitigation
must
be
“roughly
proportional”
to
the
impacts
of
the
project.
(CEQA
Guidelines
Section
15126.4(a)(4)(B).)
Mitigation
identified
in
the
Draft
EIR
would
reduce
impacts
to
raptors
related
to
habitat
modification
or
loss
to
less
than
significant;
the
strategies
suggested
in
the
comment
to
require
“denser”
planting
of
trees,
vegetation
strategies
for
roofs,
parking,
and
other
areas,
or
nesting
platforms
for
raptors
or
migratory
birds
is
not
necessary.
The
evaluation
of
Impact
4.C-5
and
the
corresponding
mitigation
measures
in
the
Draft
EIR
require
compliance
with
City
of
Brisbane
tree
ordinance.
Please
see
Mitigation
Measure
4.C-4a,
page
4.C-56
which
specifically
requires
replacement
of
removed
trees
at
a
1:1
ratio
(substituting
native
species
whenever
possible),
requires
landscaped
areas
to
contain
a
mosaic
of
native
habitat
types
that
support
fauna
(including
raptors)
in
the
surrounding
area.
Mitigation
Measure
4.C-4a
also
provides
that
“Nest
boxes
for
bats
and
cavity-nesting
bird
species
shall
be
installed
in
passive
recreational
areas.”
The
comment
cites
the
statement
on
page
4.C-43
and
44
of
the
Draft
EIR
that
while
micrositing
of
wind
turbines
is
believed
to
avoid
or
reduce
impacts,
it
“
does
not
ensure
that
the
impact
[to
raptors
and
bats]
would
be
reduced
to
a
less
than
significant
level….”
Mitigation
Measures
4.C-1e
and
4.C-1f
provide
for
micrositing
of
wind
turbines,
which
would
ensure
appropriate
separation
of
wind
turbines
from
sensitive
areas.
In
addition,
Draft
EIR
Mitigation
Measures
4.C-4b
and
4.C-4d
provide
for
light
reduction
measures
within
the
Baylands
Project
site.
Micrositing
is
the
current
standard
for
avoiding
impacts
to
birds
and
bats
resulting
from
renewable
energy
projects,
and
would
include
the
modeling
requested
in
the
comment
to
address
shrouds,
housing
or
other
specific
features
associated
with
the
energy
facility
design,
once
a
specific
proposal
for
wind
energy
generation
within
the
Baylands
is
brought
forward.
Characterizing
“Industrial
Discharge
Permits”
as
allowing
“the
highest
level
of
contaminants
to
enter
the
Bay”
is
not
an
accurate
statement.
One
of
the
key
objectives
of
the
SWPPP
is
to
avoid
introducing
construction
run-off
and
post-construction
run-off
including
any
potential
contaminants
into
adjacent
water
bodies.
The
methods
by
which
this
is
accomplished
are
discussed
in
Section
4.H,
Surface
Water
Hydrology
and
Water
Quality
,
and
4.C,
Biological
Resources
,
of
the
Draft
EIR.
Mitigation
Brisbane
Baylands
Final
EIR
2.9.2-45
May
2015