2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
developed,
will
be
available
for
public
review
as
part
of
the
planning
process
for
the
Baylands
overall
development
program.
Specific
implementation
requirements
for
the
plan
are
set
forth
in
the
Mitigation
Monitoring
and
Reporting
Program
in
Chapter
4.0
of
the
Final
EIR
and
require
that
plan
implementation
occur
concurrent
with
site
development
in
the
following
areas:
west
of
the
Caltrain
line,
east
of
the
Caltrain
line
north
of
Visitacion
Creek,
and
east
of
the
Caltrain
line
from
Visitacion
Creek
to
the
southerly
Project
site
boundary.
Because
of
the
sensitive
nature
of
tidal
areas
and
the
associated
wetlands,
waters
and
special
aquatic
sites
found
there,
multiple
regulatory
agencies
provide
regulatory
oversight
of
any
proposal
to
enhance,
restore,
or
manage
for
protection
of
marshes.
In
addition,
potentially
present
wildlife
including
benthic
organisms,
aquatic
species
and
fish,
birds,
and
mammals,
which
are
afforded
protections
under
the
State
and
Federal
Endangered
Species
Acts
and
the
Coastal
Zone
Management
Act.
Therefore,
resources
agency
review
and
approval
of
the
Marsh
Wildlife
and
Habitat
Plan
cannot
be
avoided.
Specifically,
regulatory
agency
review
and
approval
of
the
Marsh
Wildlife
and
Habitat
Plan
will
occur
as
part
of
obtaining
permits
to
construct
the
habitats.
Issuance
of
the
permits
prior
to
construction
demonstrates
compliance
with
the
regulatory
process
because
it
demonstrates
agency
approval
of
the
action.
See
1
for
discussion
of
the
programmatic
nature
of
the
Brisbane
Baylands
Draft
EIR.
Pursuant
to
the
requirements
of
CEQA,
the
EIR
is
required
to
analyze
the
physical
environmental
changes
that
would
result
from
implementation
of
the
proposed
Baylands
development
program
described
in
Chapter
3,
Project
Description
,
should
one
or
more
of
the
program
components
described
in
that
Chapter
be
approved.
Mitigation
Measure
4.D-1a
is
intended
to
provide
for
short-
term
stabilization
of
the
Roundhouse
building
to
prevent
its
further
deterioration
prior
to
rehabilitation
of
the
building.
Preparation
of
this
plan
is
not
required
“determine
the
scale
of
impacts
to
cultural
resources”
as
the
comment
asserts.
A
number
of
geotechnical
investigations
have,
in
fact,
been
undertaken
within
the
Baylands
over
the
years,
references
for
which
are
cited
at
the
end
of
Section
4.E,
Geology,
Soils,
and
Seismicity
.
These
studies
are
provided
in
EIR
Appendix
H.
See
for
discussion
regarding
the
adequacy
of
geotechnical
studies
for
use
in
the
Draft
EIR.
See
1
for
discussion
of
the
programmatic
nature
of
the
Brisbane
Baylands
Draft
EIR
and
environmental
review
for
subsequent
site-specific
actions,
including
site
remediation.
See
also
5
for
discussion
regarding
compliance
Brisbane
Baylands
Final
EIR
2.9.9-7
May
2015