2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
instructed
to
avoid
sensitive
habitats
during
construction
including
limiting
any
human
intrusion
into
natural
areas.
If
work
in
the
vicinity
of
natural
communities
cannot
be
avoided,
work
within
these
areas
shall
be
conducted
during
the
dry
season,
typically
between
May
1
and
October
15,
and
shall
occur
under
permit
authority
of
CDFW,
Corps
and
RWQCB
pursuant
to
the
CWA
Section
404
requirements
for
avoidance,
mitigation
and
monitoring.
Mitigation
Measures
4.2-2b
and
4.C-2c
shall
also
apply
if
work
cannot
be
avoided
in
or
directly
adjacent
to
sensitive
natural
areas
or
restored
habitats
created
as
part
of
site
cleanup
actions.
The
phrase
“compensation
shall
be
detailed
on
an
impact-specific
basis”
as
used
in
Mitigation
Measure
4.C-2c
means
that
the
mitigation
that
would
be
required
of
each
site-specific
development
project
must
be
commensurate
with
the
specific
impacts
of
the
site
specific
development
in
recognition
of
CEQA
requirements
that
there
be
a
nexus
between
the
impacts
created
by
a
project
and
requirements
for
mitigation,
and
that
the
extent
of
required
mitigation
be
“roughly
proportional
to
the
amount
of
project-related
impact.
(CEQA
Guidelines
Section
15126.4(a)(4)(A),
(B).)
The
mitigation
measure
referenced
in
the
comment
is,
in
fact,
broader
than
“just
wetlands,”
and
requires
mitigation
for
“disturbance
to
sensitive
natural
communities”
to
include
compensation
for
both
temporary
and
permanent
loss
to
“ensure
that
there
is
no
overall
loss
of
sensitive
communities
including
coastal
scrub,
willow
scrub,
tidal
marsh,
freshwater
emergent
wetlands,
and
lined
manmade
drainages
that
have
bed
and
bank
characteristics,”
since
these
are
the
onsite
communities
for
which
temporary
or
permanent
loss
would
constitute
a
significant
impact.
Please
also
note
that
the
“impacts”
as
used
in
this
mitigation
measure
takes
into
account
indirect
impacts,
which
means
impacts
to
adjacent
uplands
that
would
reduce
the
or
impact
the
hydrologic
conditions
needed
to
support
existing
wetlands.
It
is
in
that
context
that
uplands
adjacent
to
wetland
habitats
are
addressed
during
environmental
analysis
and
permitting
for
site-
specific
development
projects.
The
comment
notes
that
the
potential
use
of
“offsite
mitigation…through
an
approved
mitigation
bank”
as
set
forth
in
Mitigation
Measure
4.C-2c
would
be
contrary
to
Brisbane
General
Plan
policies.
The
comment
states
that
because
“impacts
occur
here,
they
should
be
mitigated
here,”
and
that
in
either
case,
mitigation
ratios
may
need
to
be
higher
than
1:1.
Development
within
the
Baylands
will
be
required
to
be
consistent
with
the
provisions
of
the
Brisbane
General
Plan,
which
states:
“It
is
Brisbane's
desire
that
mitigation
for
Brisbane's
wetland
losses
occur
somewhere
within
the
Brisbane
Baylands
Final
EIR
2.9.2-51
May
2015