2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
Site-specific
plans
for
building
locations
and
outdoor
lighting
are
not
available
at
this
initial
stage
of
development
planning
(concept
plan
and
specific
plan),
and
have
not
been
proposed.
It
is
therefore
not
possible
to
undertake
a
photometric
analysis
of
night
lighting
of
the
Baylands
at
buildout.
While
it
was
possible
to
create
visual
simulations
for
building
placement
by
identifying
building
envelopes
and
using
maximum
height
parameters
to
create
a
worst-case
scenario,
to
simulate
night
lighting
for
those
building
envelopes
would
require
pure
speculation
as
to
the
location,
type,
and
intensity
of
night
lighting,
and
CEQA
does
not
require
analysis
of
speculative
impacts.
Thus,
the
qualitative
assessment
set
forth
in
the
Draft
EIR,
accompanied
by
mitigation
measures
with
performance
standards,
provides
an
appropriate
and
adequate
level
of
analysis
of
night
lighting.
While
high
ozone
concentrations
have
been
documented
to
result
in
adverse
effects
on
vegetation
2
,
consistent
with
CEQA
Guidelines
Appendix
G
the
Draft
EIR
air
quality
analysis
assessed
the
potential
for
Project
Site
development
to
result
in
a
violation
of
an
air
quality
standard
or
exacerbate
an
existing
violation
of
an
air
quality
standard.
Both
state
and
federal
air
quality
standards
are
human
health-based
standards.
Until
such
time
that
U.S.
EPA
or
the
California
Air
Resources
Board
promulgates
an
air
quality
standard
that
addresses
other
biota
or
degradation
of
materials,
the
thresholds
applied
in
the
Draft
EIR
are
adequate
for
impact
assessment
under
CEQA.
Footnote
(d)
on
page
4.B-4
applies
only
to
particulate
matter,
which
is
monitored
every
six
days.
Ozone
is
monitored
daily
and
the
number
of
violations
shown
in
Draft
EIR
Table
4.B-1
is
fully
representative
of
ozone
violations
for
each
given
year.
The
text
on
page
4.B-5
of
the
Draft
EIR
discusses
the
estimated
number
of
days
that
particulate
matter
standards
may
have
been
exceeded.
The
referenced
CARB
web
page
presents
the
data
available
at
the
time
of
the
adoption
of
state
law
(AB2588)
regarding
TACs
(1993).
Since
that
time,
the
state
Office
of
Environmental
Health
Hazard
Assessment
has
evaluated
health
affects
individually
for
most
of
these
TACs
and
determined
cancer
potency
slope
factors
(cancer
risk
per
mg/kg-day)
as
well
as
reference
exposure
levels,
as
applicable
(available
online
at
With
regard
to
the
assessment
of
TAC
impacts
from
construction
and
operation
of
the
proposed
development
scenarios,
the
health
risk
assessment
conducted
for
Project
Site
development
analyzes
the
TACs
that
would
be
generated
by
the
project,
principally
diesel
particulate
matter.
In
addition,
the
cumulative
health
risk
assessment
presented
in
Chapter
6
of
the
Draft
EIR
considered
existing
2
US,
EPA
2012,
Ground
Level
Ozone
Ecosystem
Effects,
http://www.epa.gov/groundlevelozone/ecosystem.html
Brisbane
Baylands
Final
EIR
2.9.3-31
May
2015