2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
A
listing
of
relevant
federal,
state,
regional
and
local
regulations
is
provided
in
the
Regulatory
Setting
Section
for
each
environmental
issue
addressed
in
Chapter
4
of
the
Draft
EIR.
A
summary
list
of
relevant
regulations,
including
references
to
relevant
documents
is
provided
in
Section
3.0
of
the
Final
EIR.
Any
development
approved
by
the
City
within
the
Baylands,
including
development
within
the
former
landfill
site,
will
be
required
to
be
consistent
with
the
provisions
of
the
Brisbane
General
Plan.
While
the
Brisbane
City
Council
has
committed
that
any
development
project
being
considered
for
approval
will
be
submitted
to
the
voters
for
approval,
the
provisions
of
the
General
Plan
do
not
require
Baylands
area
development
to
be
approved
by
public
vote
(see
18
for
a
discussion
of
public
vote
requirements).
This
comment
attributes
a
statement
of
BCDC’s
mission
to
its
San
Francisco
Bay
Plan;
however,
a
review
of
the
San
Francisco
Bay
Plan
determined
that
the
description
of
BCDC’s
mission
is
not,
in
fact,
included
in
the
Plan.
Major
Conclusions
and
Policies
of
the
San
Francisco
Bay
Plan
#3
identify
priority
uses
by
stating:
“Uses
of
the
Shoreline.
All
desirable,
high-priority
uses
of
the
Bay
and
shoreline
can
be
fully
accommodated
without
substantial
Bay
filling,
and
without
loss
of
large
natural
resource
areas.
But
shoreline
areas
suitable
for
priority
uses
--
ports,
water-
related
industry,
airports,
wildlife
refuges,
and
water-related
recreation-exist
only
in
limited
amount,
and
should
be
reserved
for
these
purposes.”
Policy
1
under
“Other
uses
of
the
Bay
and
Shoreline”
states,
“Shore
areas
not
proposed
to
be
reserved
for
a
priority
use
should
be
used
for
any
purpose
(acceptable
to
the
local
government
having
jurisdiction)
that
uses
the
Bay
as
an
asset
and
in
no
way
affects
the
Bay
adversely.
This
means
any
use
that
does
not
adversely
affect
enjoyment
of
the
Bay
and
its
shoreline
by
residents,
employees,
and
visitors
within
the
site
area
itself
or
within
adjacent
areas
of
the
Bay
or
shoreline.”
As
part
of
its
mission
statement,
the
BCDC
states
it
“is
dedicated
to
the
protection
and
enhancement
of
San
Francisco
Bay
and
to
the
encouragement
of
the
Bay's
responsible
use”
and
states,
“The
most
important
uses
of
the
Bay
are
those
providing
substantial
public
benefits
and
treating
the
Bay
as
a
body
of
water,
not
as
real
estate.”
The
BCDC
recognizes
that
some
filling
would
be
justified
for
purposes
providing
substantial
public
benefits
if
these
same
benefits
could
not
be
achieved
equally
well
without
filling.
According
to
the
BCDC,
substantial
public
benefits
are
provided
by
developing:
port
terminals,
land
for
industries
that
require
access
to
shipping
channels,
new
recreational
opportunities
(parks,
marinas,
fishing
piers,
beaches,
hiking
and
bicycling
paths,
and
scenic
drives,
expanded
airport
Brisbane
Baylands
Final
EIR
2.9.2-105
May
2015