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PC13-344Resolution 13-344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE FINDING THAT NO ADDITIONAL ENVIRONMENTAL REVIEW IS REQUIRED Whereas, on August 21, 2012, PacTen Partners applied to the City of Menifee for the approval of a development agreement for its Commerce Pointe project, (PP 2009-006) which consists of a total of 827,777 square feet of office industrial development (the "Project") on approximately 50.88 gross acres within the City; and Whereas, the development agreement provides for expedited road improvements and dedication of conservation areas in exchange for certain vested development rights such as defining minor modifications for administrative approval, subdivision of the properties, and defining subsequent environmental review; and Whereas, the development agreement does not intensify or otherwise change the Project; and Whereas, the City is the Lead Agency under the California Environmental Quality Act, Public Resources Code §§ 21000 et seq. ("CEQA"); and Whereas, the approval of the development agreement constitutes a discretionary approval which is part of a "project" as that term is defined in CEQA Guidelines § 15378 and which itself requires review under CEQA; and Whereas, on April 7, 2009, the City of Menifee City Council certified that Environmental Impact Report (SCH 2O06121062), which analyzed the environmental impacts which would result from the development of the Commerce Pointe project, had been prepared in full compliance with CEQA (the "EIR"); and Whereas, the EIR found that air quality impacts of the Commerce Pointe project could not be mitigated to less than significant levels; and Whereas, the City Council adopted a statement of overriding considerations in connection with its approval of the Commerce Pointe project; and Whereas, the Commerce Pointe project analyzed in the EIR consisted of a total of 827,777 square feet of office and industrial buildings; and Whereas, the City Council conducted a duly noticed public hearing on November 6, 2013, where the public was allowed to comment on the absence of any need for additional environmental review; and Whereas, the City Council has carefully considered all of the comments received from the public as well as the information provided by the City's staff regarding environmental review. NOW, THEREFORE, the City Council of the City of Menifee, California, hereby recommends to the City Council that: 1. The EIR fully analyzed the environmental impacts of the Commerce Pointe project as it was approved in 2009; and Resolution 13-344 Development Agreement 2012-116 - CEQA The Project will result in similar impacts as those analyzed in the EIR; and Neither a subsequent or supplemental EIR is required because the review of the Project, the development agreement and the EIR shows that: A. The proposed approval of the development agreement contains no substantial changes in the Commerce Pointe project requiring major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; B. No substantial changes have occurred with respect to the circumstances under which the Commerce Pointe project is undertaken which will require major revisions of the EIR; C. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence, at the time the EIR was certified; and D. There are no newly feasible, or considerably different, mitigation measures or alternatives which would substantially reduce one or more significant effects of the Commerce Pointe project but which the Project proponent declines to adopt. 4. No further environmental review of the Project is required under CEQA and that the adoption of the development agreement is sufficiently analyzed by the EIR including the statement of overriding considerations set out in Resolution No. 09-66, attached and incorporated as if fully set forth here PASSED, APPROVED AND ADOPTED t46thof(ofb r, 2013. Scott Mann, Mayor AT --IT: Kathy Bennett City Clerk Approved as to form: G Julie Afggs, City Att rney RESOLUTION NO. 09-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT SCH NO. 2006121062, MAKING FINDINGS, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, the proposed project includes development of two industrial parks (Commerce Pointe I & II), including the construction of buildings, parking, landscaping, and utilities located on the east side of Zeiders Road, south of Scott Road and North of Keller Road; road improvements along Zeiders Road and Bailey Park Road; and the construction of Cicotti Street; with approximately 209,858 square feet of floor area within 18 buildings on the northern portion of the project site and approximately 617,919 square feet of floor area within 33 buildings on the southern portion of the project site (the "Project"); and, WHEREAS, the City as Lead Agency under the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA",) determined to prepare an environmental impact report ("EIR") for the Project; and, WHEREAS, the County of Riverside ("County") prior to the City's incorporation prepared an initial study and notice of preparation ("NOP") of an EIR which was distributed on December 11, 2006; and, WHEREAS, the County conducted a public scoping meeting on the Project on January 22, 2007 at which public comments were received; and, WHEREAS, the City prepared the Draft EIR for the Project which was available for public review on December 15, 2008, and comments were received from the following agencies and interested persons: 1. South Coast Air Quality Management District (Gordon E. Mize) 2. Native American Heritage Commission (Dave Singleton) 3. Pechanga Cultural Resources Temecula Band ofLuiseno Indians (Anna M. Hoover), and, 4. California Regional Water Quality Control Board Santa Ana Region (Adam Fischer); and, WHEREAS, responses to comments were prepared and were provided to commenting agencies at least ten (10) days before consideration of the Final EIR ("FEIR") by the City Council; and, WHEREAS, the Mitigation Monitoring Program required by Public Resources Code Section 21081.6 is contained in Section V of the FEIR and incorporated herein by reference; and, WHEREAS, on April 7, 2009, the City Council conducted a duly noticed public hearing and reviewed and considered public testimony and materials in the staff report and accompanying documents for the FEIR, Environmental Findings of Fact and Statement of Overriding 41380625,1 Considerations for the Project, along with all oral and written comments regarding the Project; and, WHEREAS, the EIR was prepared for the Project in accordance with CEQA and Sections 15000 through 15387 of the California Code of Regulations (CEQA Guidelines); and, WHEREAS, the EIR is an accurate and objective statement that fully complies with CEQA and the CEQA Guidelines; and, WHEREAS, the FEIR reflects the City Council's independent judgment and analysis; and, WHEREAS, no evidence of new significant impacts, as defined by CEQA Guidelines Section 15088.5, has been received by the City after circulation of the Draft EIR which would require recirculation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California, hereby does the following: Certifies Final Environmental Impact Report SCH No. 2006121062 for the Project; and 2. Adopts the Environmental Findings of Fact and Statement of Overriding Considerations attached and incorporated as Exhibit A to this Resolution. PASSED, APPROVED AND ADOPTED this 7th day of April, 2009 by the following roll call vote: AYES:"J ` cttwr NOES: ABSENT:0144�x) al ABSTAIN: _N r�r7 Wallace W. Edgerton, ATTEST: u" Kathy Bennett, City Clerk Approved as to form: Elizabeth Marlyn, City Att r� n yV- 41380625.1 EXHIBIT "A" ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE COMMERCE POINTE INDUSTRIAL PARK PROJECT Change of Zone #7476 & Plot Plan #s 21462 & 22280 (SCH No. 2006121062) Pursuant to Sections 15091 and 16093 of the State CEQA Guidelines and Section 21081 of the Public Resources Code: The Final Environmental Impact Report ("FEIR") for the Commerce Pointe Industrial Park Project ("the Proposed Project") identified significant environmental impacts which will result from the implementation of the Proposed Project. However, the City of Menifee finds that the inclusion of certain mitigation measures as part of project approval will reduce most, but not all, of those potential significant effects to a less -than -significant level. Those impacts which are not reduced to a less -than -significant level are identified and overridden due to specific economic, legal, social, technological, or other feasibility considerations. As required by CEQA, the City of Menifee ("City") in adopting these Findings of Fact and Statement of Overriding Considerations ("Findings"), also adopts a Mitigation Monitoring Program for the Proposed Project, The City finds that the Mitigation Monitoring Program, which is incorporated by reference and made a part of these findings as Section V of the FEIR, meets the requirements of Public Resources Code Section 21081.6 by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the Proposed Project. In accordance with CEQA and the CEQA Guidelines, the City adopts these findings as part of the approval of the Proposed Project in conjunction with the certification of the FEIR. Pursuant to Public Resources Code Section 21082.1(c) (3), the City also finds that the FEIR reflects the City's independent judgment as the lead agency for the Proposed Project. SECTION 1: INTRODUCTION 1.1 Statutory Requirements for Findinas The California Environmental Quality Act (CEQA) (Public Resources Code Section 21081) and the CEQA Guidelines (the Guidelines) (14 Cal. Code Regulations, Section 15091) require that: "No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 41380625.1 a. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. b. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. c. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR." In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts that would otherwise occur with implementation of the Proposed Project. Project mitigation or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with another agency. (CEQA Guidelines, Section 15091 ;(a), (b).) For those significant effects that cannot be mitigated to a less -than -significant level, the public agency is required to find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment (see, Pub. Res. Code Section 21081(b)). The Guidelines state in section 15093 that: `If the specific economic, legal, social, technological, or other benefits of a proposed] project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered `acceptable. 1.2 Record of Proceedings The documents and other materials which constitute the record of proceedings upon which the City's decision is based can be found in the custody of the City Clerk at the following location: City Hall, City of Menifee, 29714 Haun Road, Menifee, CA 92584. SECTION 2: UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS Based on the analysis contained in the FEIR, the proposed project would create the following unavoidable significant impacts after the application of mitigation measures: (a) Air Quality short-term construction - Project specific emissions for: (i) Mass grading - nitrogen oxide (NO,); (ii) Fine grading - nitrogen oxide (NO.), respirable particulate matter (PM1p), and particulate matter TWO; (iii) Building construction - nitrogen oxides (NOx); and (iv) Architectural coatings - reactive organic gases (ROG); will exceed significance thresholds, which are significant and unavoidable. 41380625.1 (b) Air Quality long-term operational — Project specific emissions for Vehicles - nitrogen oxides (NOx) and carbon monoxide (CO) will exceed significance thresholds during the summer (smog season), which are significant and unavoidable. 2.1 Air Quality Short Term Construction. Impact IV.D-2 of the Draft EIR, as revised and corrected in the FEIR, describes the analysis of construction -related emissions and concludes that construction -related daily emissions would continue to exceed SCAQMD peak daily significance thresholds for NOx during mass grading, NOx, PM10 and PM2.5 during fine grading and NOx during building construction related to off -road construction vehicles. In addition, construction related daily emissions would continue to exceed SCAQMD peak daily significance thresholds for ROG during the application of architectural coatings. Implementation of Mitigation Measures IV.D-1 through IV.D-5 will reduce emissions and ensure compliance with SCAQMD Rule 403; however, the impacts listed above during construction activities will remain significant and unavoidable. Due to the fact that the source of these emissions comes from construction activities related to commonly available construction vehicles and building treatments, the only feasible way to reduce these emissions would be to drastically reduce the size of the Proposed Project. Finding: The City finds that there are no additional practical and feasible mitigation measures that would substantially reduce the emissions identified above. Pursuant to Public Resources Code Section 21081(a) (3) mitigation beyond that proposed is infeasible and these impacts are considered acceptable as described in the Statement of Overriding Considerations, Consequently, the City finds that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or Project alternatives identified in the FEIR. 2.2 Air Quality Lon_ Term Operational. Impact IV.D-3 of the Draft EIR, as revised and corrected in the FEIR, describes the analysis of operation emissions generated by stationary mobile sources and concludes that the Proposed Project would exceed threshold levels for CO by 10.72 Ibs/day and for NOx by 6.82 Ibs/day during the summer. These impacts will remain significant and unavoidable. Due to the fact that the source of these emissions comes primarily from motor vehicles associated with the operation of the Proposed Project, the only feasible way to reduce these emissions would be to reduce the size of the Proposed Project. Finding. The City finds that there are no additional practical and feasible mitigation measures that would substantially reduce the emissions identified above. Pursuant to Public Resources Code Section 21081(a) (3) mitigation beyond that proposed is infeasible and these impacts are considered acceptable as described in the Statement of Overriding Considerations. Consequently, the City finds that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or Project alternatives identified in the FEIR. SECTION 3: SIGNIFICANT IMPACTS THAT CAN BE MITIGATED TO LESS -THAN - SIGNIFICANT LEVEL Aesthetics Biological Resources 41380625.1 • Cultural Resources • Hydrology and Water Quality • Noise • Transportation/Traffic 3.1 Aesthetics. The Draft EIR, as revised and corrected by the FEIR, describes the analysis of project impacts IV,B-2 and IV.13-3 on aesthetics and concludes that, unless mitigated, the Proposed Project could substantially damage scenic resources due to oak tree removal and Introduce new sources of light into an area that is currently undeveloped and characterized by little nighttime light. To avoid significant impacts related to onsite oak trees, the applicant would be required to comply with Mitigation Measures IV.13-1 and IV.E-5, Implementation of Mitigation Measure IV.13-2 would ensure that the Proposed Project would .regulate any possible light pollution by conforming to City Ordinance No. 655, With implementation of these mitigation measures, the FEIR concludes that aesthetic impacts of the Proposed Project would be less than significant. Finding; The City finds that through implementation of the mitigation measures described above and outlined more thoroughly in the FEIR, changes or alterations have been required in, or incorporated into, the Proposed Project which avoid or substantially lessen the significant environmental effect related to aesthetics. 3.2 Biological Resources. The Draft EIR, as revised and corrected by the FEIR, describes the analysis of project impacts IV.E-1, IV.E-3, IV.E-5, IV.E-6, and IV.E-7 to biological resources, and concludes that, unless mitigated, the Proposed Project could conflict with the provisions of the adopted Habitat Conservation Plan (MSHCP), have an effect on special status nesting bird species during project construction activities, result in permanent impacts to riparian habitat, adversely effect jurisdictional drainage features, and conflict with a local policy protecting biological resources (Riverside County's Oak Tree Management Guidelines). To avoid significant impacts related to habitat conservation, the applicant would be required to comply with Mitigation Measure IV.E-2. Implementation of Mitigation Measure IV.E-3 would ensure that potential impacts to nesting birds would be reduced to a less than significant level. Implementation of Mitigation Measures IV.E-2, IV.E-4, and IV.E-5 would ensure that impacts to riparian habitat would be less than significant. Mitigation Measures IV.E-4 IV.E-2 would require the project applicant to prepare a Detailed Mitigation Plan (subject to City approval), and obtain CDFG, Corps, and RWQCB permits to mitigate impacts to jurisdictional water features. To avoid significant impacts to oak trees, the project applicant will be required to comply with Mitigation Measure IV.E-5 which requires protection of avoided oaks and replacement of impacted oaks, reducing impacts to oak trees to a less than significant level. With implementation of these mitigation measures, the FEIR concludes that impacts of the Proposed Project to biological resources will be less than significant. Finding: The City finds that through implementation of the mitigation measures described above and outlined more thoroughly in the FEIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect related to biological resources. 3.3 Cultural Resources. The Draft EIR, as revised and corrected by the FEIR, describes the analysis of project impacts IV.F-1 and IV.F-2 to cultural resources, and concludes that, unless mitigated, the Proposed Project could result in damage or destruction of undiscovered archeological resources, and destruction of unique paleontological resources or geologic features. Implementation of Mitigation Measures IV.F-1 through IVY-6 would ensure that 41380625.1 unknown archeological resources would be properly monitored, and if found, safely extracted. Mitigation Measure IV.17-7 requires the applicant to retain a qualified paleontologist for consultation and comment on the proposed grading with respect to potential paleontological impacts. With implementation of these mitigation measures, the FEIR concludes that impacts of the Proposed Project to cultural resources will be less than significant. Finding. The City finds that through implementation of the mitigation measures described above and outlined more thoroughly in the FEIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect related to cultural resources. 3.4 Hydrology and Water Quality. The Draft EIR, as revised and corrected by the FEIR, describes the analysis of project impacts IV.G-2 and IV.G-3 related to hydrology and water quality, and concludes that, unless mitigated, the Proposed Project could alter the drainage pattern of on -site water features (ephemeral dry wash) that could result in substantial erosion or siltation and could create or contribute runoff water in excess of the existing capacity, Implementation of Mitigation Measures IV.G-1 through IV.G-20 identify means by which the Proposed Project can reduce potential impacts to hydrology and water quality. In order to reduce runoff, as outlined in Mitigation Measures IV.G-1 through IV.G-7, the project applicant will be required to comply with storm drain sizing requirements, incorporate means to minimize urban runoff and the impervious footprint, conserve natural areas, minimize directly connected impervious areas, and incorporate BMP's during construction. Implementation of Mitigation Measures IV.G-8 through IV.G-20 would ensure that impacts to the ephemeral dry wash would not result in substantial erosion or siltation. Finding. The City finds that through implementation of the mitigation measures described above and outlined more thoroughly in the FEIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect related to hydrology and water quality. 3.5 Noise. The Draft EIR, as revised and corrected by the FEIR, describes the analysis of project impacts IV.I-1 and IV.I-3 of the Draft EIR related to noise, and concludes that, unless mitigated, the Proposed Project could result in construction -related noise impacts to sensitive receptors and a permanent increase in ambient noise levels caused by operational activities. The project applicant would be required to comply with Mitigation Measures IV.I-1 through IV,I-3 during construction of the proposed project to reduce construction -related noise and groundborne vibration impacts to a less -than -significant level. Mitigation Measure IV.I-1 restricts the hours of construction activities that would result in high noise levels. To further reduce construction -related noise impacts, Mitigation Measure IV.I-2 requires all construction vehicles and equipment to be equipped with properly operating and maintained mufflers. To reduce vibration impacts, Mitigation Measure IV.I-3 requires that best efforts be made to locate construction staging areas and operation of earthmoving equipment as far from vibration sensitive uses as possible. Implementation of Mitigation Measures IV.I-4 through IV.I-7 would reduce operational noise impacts. Mitigation Measure IV.I-4 provides daytime and nighttime standards which shall not be exceeded for facility -related noise. Mitigation Measures IV.I-5 and IV.I-6 require that the applicant select HVAC units with the lowest sound power level and the units be installed as far as possible from the surrounding residential uses. Mitigation Measure IV.I-7 will ensure that delivery truck noise is reduced by minimizing engine idling time during deliveries. 41380625.1 Finding: The City finds that through implementation of the mitigation measures described above and outlined more thoroughly In the FEIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect related to noise. 3.6. Transi2ortation/Traffic. The Draft EIR, as revised and corrected by the FEIR, describes the analysis of project impacts IV.K-1 and IV.K-2 related to transportation and traffic, and concludes that, unless mitigated, the Proposed Project could result in a substantial increase in traffic causing seven nearby intersections to operate an at unacceptable level of service. Cumulative traffic impacts associated with the Proposed Project could cause twelve nearby intersections to operate at unacceptable level of service during peak hours, unless mitigated. To avoid significant impacts associated with project -related and cumulative traffic the project applicant would be required to comply with Mitigation Measures IV.K-1 through IV.K-10. Mitigation Measures IV.K-1 through IV.K-10 require the applicant to install traffic signals and/or additional lanes at affected intersections and roadways. To further mitigate the project's contribution to cumulative impacts Mitigation Measure IV.K-7 requires the project applicant to pay fees in accordance with the applicable fee programs. Finding: The City finds that through implementation of the mitigation measures described above and outlined more thoroughly in the FEIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect related to transportation and traffic. SECTION 4: FEASIBILITY OF PROJECT ALTERNATIVES 4.1 Project Objectives The objectives of the project are as follows: • To provide a high -quality and well -planned industrial park to serve the City of Menifee. • To maximize the development of the property as an industrial park for lease or sale in response to the market -indicated high demand and under -served supply for this product within the region. • To provide employment opportunities for the growing number of local residents. • To contribute to an increased quality of life for local residents, benefited from working in proximity to the home. • To develop a high -quality and aesthetically attractive development on underutilized land, consistent with the City's General Plan and the Sun City/Menifee Valley Area Plan. • To accommodate the RCIP goals to create jobs, encourage economic development and build supporting infrastructure while maintaining biological and ecological diversity through Multi- Species Habitat Conservation Plan (MSHCP) compliance. 41380625.1 To reduce commuter traffic to other regions, such as San Diego, Orange, and Los Angeles Counties and provide for light industrial development in close proximity to established regional transportation corridors. To improve and help alleviate burden to the existing failing levels of service on local roadways, • To help realize the goals of the City's Circulation Element by improving Zeiders Road 4.2 Alternatives to the Project Alternative A - No Project/No Build Alternative Section VI of the Draft EIR describes the impacts of Alternative A as compared to the Proposed Project. Alternative A would not meet any of the project objectives for the development of an industrial site that would provide employment opportunities for the growing number of local residents, reduce commuter traffic to other regions, improve and alleviate burdens to the existing failing levels of service on local roadways, and contribute to an increased quality of life for local residents benefitted from working in proximity to the home. Moreover, additional benefits of the Proposed Project are outlined in Section 5 of these Findings, including the continuation of a logical development pattern for the surrounding area that is consistent with the General Plan designation. For these reasons, the City finds that specific economic, legal, social, technological, or other considerations make Alternative A infeasible pursuant to Public Resources Code Section 21081(a)(3) and CEQA Guidelines 15091(a)(3). Alternative B - Reduced Intensity Section VI of the Draft EIR describes the impacts of Alternative B as compared to the Proposed Project. Alternative B would not meet the project objectives to maximize the development potential of the property and would not meet objectives related to employment generation to the same degree as the Proposed Project due to the fact that the development would have fewer industrial buildings and thus fewer opportunities for employment. Moreover, additional benefits of the Proposed Project are outlined in Section 5 of these Findings, including the continuation of a logical development pattern for the surrounding area that is consistent with the General Plan designation. For these reasons, the City finds that specific economic, legal, social, technological, or other considerations make Alternative A infeasible pursuant to Public Resources Code Section 21081(a)(3) and CEQA Guidelines 15091(a)(3). Alternative C — Complete Avoidance of Riparian Habitat Section VI of the Draft EIR describes the impacts of Alternative C as compared to the Proposed Project. Alternative C would completely avoid the riparian/riverine area within Drainage A on the southern section of the site and would include the preservation of the stream and adjacent areas within the boundary limits of a 100-year surface flow. Approximately 9.2 fewer acres would be developed under Alternative C. Alternative C proposes reduction in the size of four buildings in the southern section of the project site; therefore this alternative would not meet the project objective of maximizing the development of the property. Due to the fact that it would have fewer buildings, this alternative would not meet objectives relating to employment to the same degree as the Proposed Project. In comparison to the Proposed Project, the Alternative C would also do less to reduce commuter traffic to other regions. Moreover, additional benefits of 41380625.1 9 the Proposed Project are outlined in Section 5 of these Findings, including the continuation of a logical development pattern for the surrounding area that is consistent with the General Plan designation. For these reasons, the City finds that specific economic, legal, social, technological, or other considerations make Alternative A infeasible pursuant to Public Resources Code Section 21081(a)(3) and CEQA Guidelines 15091(a)(3). SECTION 5: STATEMENT OF OVERRIDING CONSIDERATIONS CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a project against its unavoidable risks when determining whether to approve a project. If the specific economic, legal, social, technological or other benefits of the project outweigh the unavoidable adverse environmental effects, those effects may be considered acceptable (state CEQA Guidelines Section 15093(a)). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the FEIR or elsewhere in the administrative record (state CEQA Guidelines Section 15093(b)). In accordance with the requirements of CEQA and the state CEQA Guidelines, the City finds that the mitigation measures identified in the FEIR and the Mitigation Monitoring and Reporting Program, when implemented, avoid or substantially lessen virtually all of the significant effects identified in the FEIR. Nonetheless, certain significant impacts of the project are unavoidable even after incorporation of all feasible mitigation measures. These significant unavoidable impacts are identified and discussed in Section 2 of these Findings. The City further specifically finds that notwithstanding the disclosure of these significant unavoidable impacts, there are specific overriding economic, legal, social, technological, and other reasons for approving this project. Those reasons are as follows: • The Proposed Project is a high quality land use transition from a fallow agricultural field and other marginal commercial uses to a light industrial business center consistent with the property's Industrial Park (IP) zoning and land use designations. • The Proposed Project represents the continuation of a logical development pattern occurring, or that will occur, in the surrounding area. • The Proposed Project provides for transportation improvements, including the improvement of segments of Zeiders Road, Ciccotti Road, and Bailey Park Road, which will provide a benefit to the local transportation system. • The Proposed Project provides backbone public infrastructure (i.e., roads and utilities) to service the site that will ensure that the Project will not adversely impact existing infrastructure. • The site will provide a high quality industrial development that will enhance the surrounding community and provide opportunities to meet the demands of local and regional area businesses and the community. • The Proposed Project will help the City create an improved balance between 41380625.1 10 employment and housing by providing job opportunities to existing residents that currently commute outside of the local area to work. The Proposed Project will create positive net fiscal revenue to the City through an increased tax base. The foregoing benefits provided to the public through approval and implementation of the Proposed Project outweigh the identified significant adverse environmental impacts of the Project, which cannot be mitigated. Each of the project benefits separately and individually outweighs the unavoidable adverse environmental impacts identified in the EIR and the City therefore finds those impacts to be acceptable. 41380625.1 11 Scott A. Mann Mayor Wallace W. Edgerton Deputy Mayor John V. Denver Councilmember Thomas Fuhrman Councilmember Greg August Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.dtyofinenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing Resolution No. 13-344 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 61h day of November, 2013 by the following vote: Ayes: August, Denver, Edgerton, Fuhrman, Mann Noes: None Absent: None Abstain: None Kathy City Clerk