2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
The
discussion
of
the
City’s
General
Plan
and
zoning
in
the
Draft
EIR
accurately
depicts
current
designations.
Baylands
zoning
is
consistent
with
the
General
Plan,
and
there
is,
therefore,
no
need
to
“correct”
the
zoning
map
shown
in
Draft
EIR
Figure
3.10.
As
shown
in
Figure
3.9
of
the
Draft
EIR,
the
General
Plan
designation
for
the
Baylands
Subarea
is
“Planned
Development-Trade
Commercial”
(PD-TC).
The
“Trade
Commercial”
designation
allows
for
a
mix
of
commercial
uses
including
warehouses,
distribution
facilities,
offices,
retail
users,
restaurants,
commercial
recreation,
personal
services,
as
well
as
light
industrial,
research
and
development,
and
uses
of
a
similar
character”
along
with
“public
and
semi-public
facilities
and
educational
institutions.”
The
General
Plan
also
provides
that
“repair
and
maintenance
services,
such
as
auto
body
repair
shops,
may
be
conditionally
permitted
in
the
implementing
zoning
districts”
designated
for
Trade
Commercial
use.
16
Residential
use
is
inconsistent
with
the
General
Plan’s
land
use
designation
for
the
Baylands,
and
is
expressly
prohibited
within
the
Baylands
by
General
Plan
Policy
330.1.
The
zoning
designation
shown
in
Draft
EIR
Figure
3.10,
is
based
on
the
City’s
officially
adopted
zoning
map
maintained
by
the
Community
Development
Department,
and
identifies
the
zoning
designation
of
the
Baylands
Subarea
as
C-1,
Commercial
Mixed
Use
District.
Although
the
City’s
Zoning
Ordinance
permits
residential
use
within
the
C-1
zoning
district
subject
to
approval
of
a
conditional
use
permit,
the
City’s
Zoning
Ordinance
expressly
requires
that
any
development
in
a
C-1
district
requires
a
Specific
Plan
to
first
be
approved
by
the
City
Council
The
General
Plan
further
expressly
prohibits
residential
use
within
the
Baylands
under
General
Plan
Policy
330.1.
Since
California
Government
Code
Section
65454
requires
the
adoption
of
any
specific
plan
to
be
consistent
with
the
local
General
Plan,
the
City
would
be
precluded
by
law
from
approving
a
Specific
Plan
that
would
provide
for
any
residential
use
within
the
Baylands
subarea.
As
such
any
application
for
a
conditional
use
permit
to
allow
for
residential
use
within
the
Baylands
would
be
subject
to
denial
on
the
basis
that
it
is
inconsistent
with
both
the
underlying
General
Plan
and
the
implementing
Specific
Plan.
See
for
discussion
of
public
vote
requirements.
See
The
1983
flood
maps
originally
used
to
create
the
flood
map
shown
in
the
Brisbane
16
The
General
Plan
also
sets
forth
certain
subarea
policies
for
the
Baylands
area.
These
policies
require
submission
of
a
Concept
Plan
and
once
again
make
explicit
that
a
Specific
Plan
must
be
adopted
prior
to
the
development
of
the
Baylands
area.
(General
Plan
,
p.
238.)
Brisbane
Baylands
Final
EIR
2.9.2-107
May
2015