2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
high
fire
hazards
in
the
vicinity
of
the
Project
site;
therefore,
there
are
no
impacts
related
to
wildland
fire
hazards.
Draft
EIR
Appendix
H.3
is
available
in
searchable
format
on
the
City
of
Brisbane’s
website:
Pursuant
to
the
requirements
of
CEQA,
the
Baylands
EIR
evaluates
the
environmental
changes
that
would
result
from
implementation
of
the
proposed
development
program
for
the
Baylands.
Since
the
Kinder
Morgan
site
is
not
within
the
Baylands
Project
Site,
and
no
development
is
proposed
for
the
Kinder
Morgan
facility,
the
City
does
not
have
authority
to
impose
mitigation
measures
on
Kinder
Morgan
in
the
Baylands
EIR.
See
for
discussion
of
land
use
compatibility
between
proposed
Project
Site
development
and
the
Kinder
Morgan
tank
farm.
The
Regulatory
Setting
starting
on
page
4.I-3
of
the
Draft
EIR
identifies
relevant
state,
regional,
and
local
plans
and
programs
affecting
Project
Site
development,
and
identifies
the
agencies
charged
with
implementing
those
plans.
Reference
documents
are
identified
at
the
end
of
Section
4.I,
Land
Use
and
Planning
Policy
.
Mitigation
Measure
4.C-1g
sets
forth
requirements
that
would
prevent
activities
adjacent
to
the
lagoon
from
resulting
in
significant
impacts
on
avian
species.
Because
(1)
Mitigation
Measure
4.C-1g,
along
with
Mitigation
Measures
4.C-2a
through
4.C-2c,
and
Mitigation
Measures
4.C-4a
through
4.C-4g
would
reduce
impacts
to
avian
species
to
less
than
significant
levels
and
(2)
construction
of
a
“sanctuary
island
within
the
lagoon
would
impact
the
lagoon’s
tidal
functions
and
negatively
affect
aquatic
resources,
a
mitigation
measure
to
requires
such
an
island
was
not
proposed.
See
Pursuant
to
the
requirements
of
CEQA,
the
Draft
EIR
analyzes
the
physical
environmental
effects
that
would
result
from
proposed
development
of
the
Baylands
Project
site.
See
5
for
discussion
of
compliance
with
the
law
as
mitigation
under
CEQA,
for
discussion
regarding
the
adequacy
of
studies
for
use
in
the
Draft
EIR,
and
for
discussion
of
the
cumulative
effects
of
multiple
toxins.
See
Brisbane
Baylands
Final
EIR
2.9.2-90
May
2015